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The committee heard five charges against Dr Davies at a resumed hearing of an inquiry which was originally adjourned in January and then July 2018. The decision was made, at both the 2018 hearings, to postpone the final decision on the sanction.
The first two charges against Dr Davies related to convictions for drink driving in March 2014 and October 2015 for which she received driving bans of 17 and 45 months.
The third charge related to her breaching a number of undertakings she had entered into as part of the College’s Health Protocol, including her consuming alcohol on four occasions between May 2015 and January 2016 and missing a pre-arranged appointment with a consultant psychiatrist appointed.
The fourth and fifth charges related to being under the influence of alcohol on three occasions while she was on duty as a veterinary surgeon in December 2016 which was also in breach of her undertakings under the Health Protocol.
At Dr Davies' first Disciplinary Committee hearing in January 2018, she admitted all five charges against her and also accepted that her conduct was disgraceful conduct in a professional respect.
The Committee accepted her admissions and found, with the exception of one allegation, that her conduct was disgraceful in a professional respect.
At the conclusion of its hearing on 23 January 2018 the Committee decided to postpone its decision regarding sanction for six months on the basis of Dr Davies’ entering into undertakings, including not to practise veterinary surgery and to remain abstinent from alcohol during the period of postponement and to undergo blood and hair tests for alcohol consumption every two months.
At the resumed hearing on 30 July 2018, Dr Davies’ Counsel submitted on her behalf that she wished to return to practise and the Committee reviewed evidence that she provided to demonstrate she had complied with her undertakings.
However, the Committee retained concerns about Dr Davies' return to practise and therefore required her to identify a veterinary surgeon who would agree to act as her mentor, noting that the mentor would have to be acceptable to the College as someone suitable to act in that capacity.
The Committee also required the continuation of the requirements for abstinence from alcohol and the programme of blood and hair testing.
A further requirement of the Committee was that Dr Davies should make a disclosure to any new employer of her appearances before the Committee in January 2018 and in July 2018 and of the decisions it made.
The final requirement of the Committee was that the respondent should not accept a ‘sole charge position’ at any time during her employment during this next period of postponement of sanction. The Committee then directed that the hearing be postponed for a further 12 months.
The Disciplinary Committee resumed its inquiry on 7th August 2019, when Dr Davies submitted documentary proof and medical records to demonstrate she had complied with all her undertakings given at the last hearing. The Committee also heard from Dr Davies’ appointed veterinary mentor who provided a statement that concluded that she no longer needed monitoring or supervision.
The Committee then considered what sanction to impose on Dr Davies.
Ian Green, chairing the Committee and speaking on its behalf, said: "The view of the Committee is that the respondent has to date overcome her addiction to alcohol and, given that her competence as a practising veterinary surgeon is not disputed, that she should therefore be permitted to return to her chosen profession. However, in the judgment of this Committee the seriousness of the offences to which the Respondent has pleaded guilty means that a sanction of “No Further Action” cannot be justified."
The Committee therefore decided that the most proportionate sanction was for Dr Davies to be reprimanded as to the conduct she admitted at previous hearings and that she be warned as to her future conduct.
Ian added: "The respondent must understand that she has been given an opportunity to prove that, for the remainder of her time in practice, she can meet the high standards expected of all registered veterinary surgeons from both other practitioners and from members of the public who entrust the care and treatment of their animals to members of this profession."
The Disciplinary Committee had found Dr Schulze Allen guilty of four charges, namely that he had been convicted of the criminal offence of petty theft in the US which rendered him unfit to practise, and that on three subsequent occasions, twice to the RCVS and once to a notary in California, dishonestly represented that he had no criminal convictions.
Following the DC hearing, Dr Schulze Allen submitted an appeal to the Privy Council. The basis of his appeal revolved around whether, under Californian law, his conviction for petty theft was a conviction for a criminal offence or an infraction, and whether an infraction under US law was a criminal offence.
The RCVS had argued that while the theft is not a criminal felony in California, it would be considered so under English law.
However, the Board of the Privy Council which heard the appeal – comprising Lords Wilson, Carnwath and Lloyd-Jones, found the College had not proven beyond all reasonable doubt that Dr Schulze Allen was convicted of a criminal offence under Californian law. It therefore upheld his appeal against the DC’s finding that he had committed a criminal offence.
The Privy Council then considered Dr Schulze Allen’s appeal against the third and fourth of the charges against him - that he was dishonest in his representations to the College that he did not have a ‘criminal’ conviction and did not have a ‘criminal record’. The Privy Council found that, since the conviction for petty theft was an infraction, and was not a criminal offence and did not leave Dr Schulze Allen with a criminal record, then, strictly speaking, his representations to the RCVS were not false and so upheld his appeal against these two charges.
The Privy Council then considered Dr Schulze Allen’s appeal against the College’s second charge against him. This charge was that he had, in a written application for restoration to the Register, represented that he did not have any cautions, criminal convictions or "adverse findings". The College argued that he still had a responsibility to make a full and frank disclosure about his infraction, even if it did not meet the threshold of ‘criminal’ under Californian law.
The Board of the Privy Council said it had, on Dr Schulze Allen’s behalf, done its best to identify some argument that his conviction for a petty theft infraction did not amount to an "adverse finding", but failed. Rather, it found that "the conviction obviously amounted to an adverse finding."
The Board added that "there is no material by reference to which the Board [of the Privy Council] can depart from the [Disciplinary] Committee’s conclusion that, in answering “no” to that question, he knew that his answer was untrue. In other words, his denial was dishonest."
The Board therefore allowed the appeal against the DC’s conclusion on the first, third and fourth charges. But it dismissed the appeal against its conclusion on the second charge, namely that in that regard Dr Schulze Allen had been guilty of disgraceful conduct in a professional respect."
The Board then set aside the original sanction, that Dr Schulze Allen be removed from the Register, and tasked the Committee with identifying the appropriate sanction in relation to the second charge.
The Disciplinary Committee will now hold a further hearing to decide the sanction, at some time in the future. In the meantime Dr Schulze Allen remains on the Register of Veterinary Surgeons.
The Disciplinary Committee heard three charges against Dr Dhami, relating to events which took place while he was in practice at Vets4Pets in Market Harborough, Leicestershire.
The first charge against him was that, in November 2017, he used excessive force in kicking and stamping on a Staffordshire Bull Terrier he was treating.
The second charge was that, between in October and November 2017, he failed to pay adequate regard to the welfare of a Jack Russell in his care by leaving it in a sink without adequate reason and for an excessive period of time.
The third charge was that, between April and March 2018, he failed to have adequate regard to the welfare of a six-to-eight week old kitten, including providing bedding and warmth.
At the outset of the hearing Dr Dhami admitted to lightly kicking the dog, but denied forcefully kicking it and also denied that he had stamped on the dog, as well as denying the other two charges against him.
In considering the circumstances of the first charge, the Committee heard evidence from two of Dr Dhami’s colleagues stating that the dog had bitten him whilst he was cleaning its ears and, following this, he took the dog out of the consulting room, closed the door and whilst holding the dog’s lead then proceeded to kick her twice, knocking her along the floor both times, and then finally stamp on her when she was prone.
Dr Dhami disputed his colleagues' version of events and stated that he had only delivered two light kicks to the dog’s rump, that neither of these had made her fall to the floor and also denied in categorical terms that he stamped on the animal. Furthermore, he also denied the second and third charges against him.
In considering the evidence as to whether Dr Dhami kicked and stamped on the dog, the Disciplinary Committee found the evidence of his two colleagues to be credible and reliable, and so found all aspects of the charge proven.
Ian Green, chairing the Committee and speaking on its behalf, said: "For the avoidance of doubt, the Committee finds that the admitted kicks administered to [the animal] by the respondent were of significant force. The Committee rejects the respondent’s assertion that the admitted kicks amounted to mere taps on the backside. The Committee finds that the ‘stamping’ was also of significant force."
In regards to the second and third charges, the Committee was not satisfied that the charges had been proven by the evidence it heard and therefore dismissed them both.
Having found all parts of the first charge proven, the Committee then went on to consider whether or not Dr Dhami’s conduct amounted to serious professional misconduct, something that Dr Dhami, following the Committee’s decision on the facts, through his counsel, had admitted.
The Committee identified a number of aggravating factors, including the real risk of physical harm to the animal and the deliberate nature Dr Dhami’s conduct against the animal, committed in anger.
In mitigation, the Committee accepted that this was an isolated incident and that Dr Dhami had been bitten and was in pain. The Committee therefore found that Dr Dhami’s admission of serious professional misconduct was ‘properly and prudently made’.
The Committee then considered what sanction to impose on Dr Dhami. In doing so it took into account some of the written testimonials and character witnesses called on behalf of Dr Dhami. The Committee was also satisfied that Dr Dhami had had a hitherto long and unblemished career, that he had apologised to colleagues immediately after the incident and that, since the events, he had continued to work as a veterinary surgeon without any problems.
In relation to insight about the event, the Committee accepted Dr Dhami had provided some evidence of reflection, in that he admitted kicking the dog and accepted that this conduct, once found proven, amounted to serious professional misconduct.
The Committee decided that suspending Dr Dhami from the Register for four months would be the most proportionate sanction.
Ian Green concluded: "Having regard to all the matters urged by way of mitigation, and having taken into account all the evidence that it has heard, the Committee is satisfied that a period of suspension is sufficient in this case to protect the welfare of animals, maintain public confidence and to declare and uphold proper standards of conduct."
Dr Dhami has 28 days from being informed of the outcome of the hearing in which to make an appeal to the Privy Council.
Dr Corsi consulted with Kika's owners about the management of her pregnancy at the end of November 2017, finding at least 4 puppies on an x-ray taken at the time.
The first of five charges against Dr Corsi was that on the 14th December, after being advised by Kika's owners that the dog had produced two live puppies and one dead puppy the previous night, she failed to advise them that Kika needed an immediate veterinary examination.
The second charge was that, having been telephoned for a second time by the owner, she still failed to advise the owners that Kika required an immediate veterinary examination.
The third charge was that, following an examination of Kika that afternoon, and having ascertained that Kika required a caesarean section to remove one undelivered puppy, Dr Corsi failed to perform the caesarean section that day and advised the owner that Kika could undergo the caesarean section (at the practice, performed by her) the next day (or words to the effect).
The charge also stated that she failed to advise the owner that Kika’s health and welfare required the caesarean section to be performed that day; and that she failed to advise them that, if she or another veterinary surgeon at the practice could not perform the surgery that day, Kika needed to be referred to the out-of-hours clinic so that the caesarean section could take place on the 14th December.
The fourth charge was that Dr Corsi failed to recognise that Kika’s health and welfare required a caesarean section to be performed on 14th December.
The fifth charge was that, on 16th December 2017, having been telephoned by the owner at about 5pm and having been informed that Kika was weak and had not been eating post-operatively, Dr Corsi failed to advise the owner that Kika should be presented urgently for a veterinary examination.
The Disciplinary Committee considered the facts of the case and heard evidence from a number of witnesses including the owners of Kika and Dr Corsi, and from Mr Maltman MRCVS who was called as an expert witness on behalf of the College and Mr Chitty, who was called as an expert witness on behalf of Dr Corsi.
Having considered all of the evidence, the Committee found all aspects of the first and second charges proven in their entirety.
The Committee found the majority of the third charge not proved, with the exception of the fact that it found that Dr Corsi did advise the owner that she could undertake the Caesarean section on 15 December 2017.
In light of the Committee’s findings in respect of the aspects of charge three that were not proved, charge four was also found not proved.
Finally, the Committee considered that charge five was found not proved.
The Committee then went on to consider whether the charges that were found proven amounted to serious professional misconduct either individually and/or cumulatively.
Committee Chair Cerys Jones said: "In light of the evidence of both parties’ experts, the Committee was of the view that there was a risk of harm or injury resulting from Dr Corsi’s failure - the Committee decided that this was an aggravating factor.
"However, the Committee took into account that, at the time of both calls, Dr Corsi had a rationale for her decision, that she asked appropriate questions and received answers which led her to make what she considered to be a reasoned assessment.
"She had also made arrangements in both calls to be kept updated either at a pre-arranged time or sooner if Kika’s condition changed. On this basis, the Committee was satisfied that, while this was an error of judgement, it did not fall so far short of what was expected as to amount to disgraceful conduct."
Therefore, the Committee decided that while Dr Corsi’s conduct in Charges 1 and 2 demonstrated a departure from professional standards, the falling short was not so grave as to amount to disgraceful conduct in a professional respect.
The full decision can be read here: https://www.rcvs.org.uk/concerns/disciplinary-hearings/
The charge against Ms Law was that in November 2017, having performed surgery on Kiwi, a German Shepherd/Wolfhound-cross dog, to address gastric dilation volvulus (GDV), she failed to obtain informed consent to the entirety of the surgical process and management, including post-operative aftercare.
The charge also stated that she failed to provide adequate analgesia to Kiwi before, during or after the surgery, failed to provide appropriate and adequate fluid therapy to Kiwi, failed to offer an appropriate and adequate post-operative care plan and/or post-operative transfer for Kiwi to another practice and failed to inform the owners that there would be nobody present at the practice to provide post-operative monitoring and aftercare for Kiwi for approximately seven hours during the night.
Finally the charge stated that Ms Law allowed Kiwi to remain at the practice overnight from 12:30am to 07:45am without adequate monitoring or post-operative aftercare.
Ms Law admitted some of the charges against her, including that she had failed to obtain informed consent, failed to offer an appropriate and/or adequate post-operative care plan, failed to inform the owners that there would be nobody present at the practice and allowed Kiwi to remain at the practice overnight without adequate monitoring and/or post-operative aftercare. However, she denied that she failed to provide adequate analgesia or fluid therapy to Kiwi.
The Committee found all of the charges proved, with the exception of failing to provide adequate analgesia during the perioperative period.
Having considered the facts, the Committee then moved on to consider whether the admitted and proven charges against Ms Law amounted to serious professional misconduct, taking into account any aggravating and mitigating factors. The aggravating features were that, as a result of Ms Law’s failures in relation to analgesia and fluid therapy, there was either actual injury to Kiwi, or a risk of such injury.
In mitigation, the Committee considered that she promptly and accurately diagnosed GDV, and proceeded to perform the necessary emergency surgery. The Committee considered that the charges related to a single isolated incident and that Ms Law has had an unblemished career to date. They also noted that Ms Law had made open and frank admissions as to the majority of the charges.
The Committee found that the conduct of Ms Law set out in the majority of the charges did not amount to serious professional misconduct. However, in the judgement of the Committee, Ms Law’s conduct in allowing Kiwi to remain at the practice overnight without adequate monitoring or post-operative aftercare did amount to serious professional misconduct.
Jane Downes, who chaired the Committee and spoke on its behalf, said: "The Committee considers that the respondent (Ms Law) has insight into the serious mistake that she made in failing to ensure that Kiwi was checked or monitored overnight. The Committee has found that this was a single isolated incident, which involved a serious lapse of clinical judgement, which will probably stay in the mind of the respondent for the rest of her career.
"The respondent has been in practice for some nine years now, and apart from this incident, there is no suggestion that the respondent has fallen short of the standards expected of her on any other occasion. The Committee does not consider that there is a risk that the respondent is likely to leave an animal overnight after major surgery again, without ensuring that it is checked during that time, and, as such, the Committee considers that there is no future risk to the welfare of animals so far as the respondent is concerned."
The Committee considered that the finding of disgraceful conduct in a professional respect in this case is too serious for no further action to be taken, having regard to the need to maintain public confidence in the profession and declare and uphold proper standards of conduct.
The Committee therefore concluded that the appropriate sanction in this case was to issue a reprimand to Ms Law, in relation to the finding of serious professional misconduct.
Jane Downes added: "The Committee considers that this sanction, coupled with the findings of fact and disgraceful conduct made against the respondent, is sufficient to maintain public confidence in the profession and uphold proper standards of conduct. The Committee does not consider it necessary to issue a warning to the respondent about her future conduct, on the basis that the Committee has concluded that there is no risk of repetition."
There were three charges against Ms Creese, all pertaining to the period between July 2016 and November 2017.
The first charge was that she failed to ensure that there were adequate systems and processes in place for out-of-hours’ care for in-patients.
The second charge was that she publicised that the practice had "24 hour care provided by our vets at our practice" and/or "Care 24/7 for your pets" on its website, which suggested that staff were present at the practice 24 hours a day when they were not and as such publicity was dishonest and/or misleading.
The third charge against Ms Creese was that she failed to ensure that Kiwi's owners were informed about arrangements at the practice for out-of-hours’ care for in-patients.
At the outset of the hearing, Ms Creese denied all the charges against her.
After hearing evidence from relevant witnesses, the Committee considered that the practice did have in place systems and processes for out-of-hours care for in-patients and that there was no evidence of repeated or ignored failures of these systems and processes. The Committee therefore found the charges against Ms Creese not proved and all three were dismissed.
They include the successful completion of its governance review, the launch of the Graduate Outcomes consultation (the biggest in 20 years) and the Edward Jenner Leadership Programme (a massive open online course to develop leadership skills at all levels of the profession).
The College also highlights the continuation of its Mind Matters Initiative and how the initiative's aim - to encourage a compassionate and empathetic profession - is becoming a central part of the College's core strategy.
The report also covers the work done by the College to explore an outcomes-based approach to continuing professional development (CPD), review Schedule 3 and the Veterinary Surgeons Act, plan for the UK’s exit from the European Union and promote (jointly with the BVA) the benefit of registering with a vet to the public via a social media campaign.
The report includes the College’s independently-audited finances with details of income and expenditure. Whilst the College is not a charity, the accounts have been prepared in accordance with the Charities Statement of Recommended Practice – a framework for charity accounting and reporting, which allows easier comparison with the finances of similar bodies.
The report will be presented for adoption by members of the College at this year’s RCVS Day on Friday 12 July 2019 at the Royal Institute of British Architects.
The report can be downloaded from the RCVS publications webpage, or contact publications@rcvs.org.uk to request a hard copy.
The proposals put to Council by the Education Committee included six key recommendations for changes to CPD policy:
To change the CPD requirement – as stated in the Codes of Professional Conduct – to 35 hours per calendar year for veterinary surgeons and 15 hours in the same period for veterinary nurses, from the start of 2020. This replaces the previous requirement of 105 hours and 45 hours of CPD over a rolling three-year period for veterinary surgeons and veterinary nurses respectively.
Making the use of the new CPD platform (currently in development) for recording learning and development mandatory from 2022.
Giving veterinary surgeons and veterinary nurses who, upon renewing their registration, have confirmed their compliance with the requirement, the opportunity to download a certificate demonstrating this.
The introduction of an administration fee (which is currently yet to- be determined) that will be charged to any veterinary surgeons or veterinary nurses who continually (defined as two or more years in a row) fail to confirm their compliance with the requirement and/or fail to respond to requests from the College for their CPD records.
Changing the words of the Codes of Professional Conduct to include the fact that CPD should be ‘regular’ and ‘relevant’.
The continuation of the RCVS CPD Referral Group, which meets to consider what further steps should be taken in cases of veterinary surgeons and veterinary nurses who continually fail to comply with CPD requirements and/or respond to requests.
RCVS Council agreed, by a majority vote, to approve the above recommendations.
RCVS Council member Dr Sue Paterson (pictured right), who introduced the paper and is the incoming Chair of the Education Committee, said: "While the majority of both veterinary surgeons and veterinary nurses do recognise the importance of continuous learning and development for their professional practice, their clients and, ultimately, animal health and welfare, it’s clear that there has been a cohort of people in both professions who take a more lax view of undertaking CPD.
"The changes to our CPD policy are intended to tighten up our processes and are targeted at those who, when challenged about why they have not undertaken sufficient CPD, say that they will meet the requirement one or two years down the line as part of the rolling three-year system. The administration fee also recognises the amount of time and effort spent by staff in the College in contacting and chasing up those people who aren’t compliant.
"However, we also recognise the fact that some members of the profession may have personal circumstances that means they are unable to meet their CPD requirement in a given year – whether that’s because of parental leave or other caring responsibilities, or long-term sick leave. So we will be retaining flexibility within the system and will be considerate and compassionate when taking into account individual circumstances when considering non-compliance.
"Furthermore, in light of the fact that the majority of vets and vet nurses do meet the requirement but also often go above-and-beyond it, we also thought it would be a good idea to introduce a downloadable compliance certificate in recognition of their achievement. This could be displayed, for example, in the practice and would be particularly useful for Practice Standard Scheme assessments.
"Over the coming months we will be fine-tuning the details of these policies and will be making further decisions about how they will work in practice in due course."
Veterinary surgeons and nurses who feel they will struggle to complete their CPD requirement within a 12-month period due to personal circumstances can contact RCVS confidentially at any time to discuss their difficulties on cpd@rcvs.org.uk
For full details about the decision, you can download the RCVS Council paper at: www.rcvs.org.uk/document-library/rcvs-council-papers-13-june-2019/
The review was recommended to Council by its Standards Committee following its exploration of the implications of new technologies for both animal health and welfare and veterinary regulation.
The main areas under consideration are the interpretation and application of an animal being under the care of a veterinary surgeon, and the provision of 24-hour emergency cover.
The College says that during the course of its research, which included numerous meetings and reports, a public consultation and examination of external legal advice, the Committee identified a number of anomalies in the College’s existing guidance that could affect how the Code’s provisions were applied across a range of different scenarios.
Chair of the Standards Committee, Dr Kate Richards, said: "It became clear to us that we could not consider telemedicine and remote prescribing in isolation and that it raised broader questions around the appropriateness of, and justification for, certain elements of existing RCVS guidance. I’m therefore pleased that RCVS Council has decided that the right and responsible approach is first to conduct a full review of these provisions."
The College anticipates that the review will require wide engagement from all relevant sectors, potentially including a Select Committee-style hearing in certain areas. This, it says, would help to ensure any decision to treat different groups differently, in relation to 'under care' and 'out-of-hours', is both reasoned and justified.
In the meantime, the College says that the current provisions of the RCVS Code of Professional Conduct and its supporting guidance remain in full effect.
Further information about the review will be made available in due course.
UPDATE (19/06/2019)
Following a number of concerns raised by members of the profession about this story, the RCVS has issued a further statement as follows:
We would like to acknowledge and address a number of concerns that have arisen amongst the profession following RCVS Council’s discussion last week that followed up queries raised during the previous debate in November, around the provision of telemedicine services, including remote prescribing.
The RCVS Council decision, made unanimously, was to proceed with a wide-ranging review of RCVS supporting guidance concerning 24-hour emergency cover and the interpretation and application of ‘under veterinary care’, and to postpone the proposed telemedicine trial for the foreseeable future and certainly until the conclusion of this review. The review will encompass, but not be limited to, consideration of what restrictions or safeguards to place on remote prescribing in the form of vet-to-client telemedicine.
RCVS Council discussed this paper ‘in committee’ in order to be able to examine the confidential legal advice it had requested at its previous meeting. The decision to hold these discussions privately was purely related to the privileged nature of legal advice and in no way related to any ‘commercial interests’.
We recognise fully that this is a complex issue, with strong views held on all sides. However, it is entirely right and proper for RCVS Council members to be able to discuss and debate such topics in detail, before reaching a decision through a vote. In the course of such discussions, issues may arise that had not previously been identified, and which may alter the original direction of thinking.
We appreciate that Council’s decision was perhaps unexpected, especially as the original topic had been under consideration for some time. This is why we announced it as soon as possible, along with an indication of what Council would like to happen next.
Whilst it is far too early to have worked out the details of the agreed review, it will be open and inclusive in parallel with our previous consultations, which continue to receive considerable levels of engagement across the veterinary professions and wider industry stakeholders.
We will publish full details about our plans for this review over the coming weeks, and will continue to work hard to engage all veterinary professionals in these important decisions.
Mr Seymour-Hamilton was originally removed from the Register in June 1994 for failing to maintain his practice’s equipment and facilities in working order and for a total disregard of basic hygiene and care for animals, thereby bringing the profession into disrepute.
The restoration hearing on 20th May was Mr Seymour-Hamilton’s seventh application for restoration. Previous applications had been heard but refused in July 1995, June 2010, February 2015, March 2016, May 2017 and April 2018. However, as the Committee makes its decision on the merits of the case before it, those previous applications were not considered as relevant to its current decision.
The Committee heard oral evidence from Mr Seymour-Hamilton and were shown clear bottles with liquid, a container with tablets and petri dishes with grown cultures as detailed documentary evidence. In respect of any concerns regarding keeping his veterinary practice up-to-date, Mr Seymour-Hamilton said that “you never lose that skill” and explained that he kept up-to-date through extensive reading and conversations with veterinary surgeons in Europe.
However, the Committee had significant concerns as to his fitness to practise safely as a veterinary surgeon for a number of reasons, including that nearly 25 years had passed since he was last in practice and that there was little, if any, evidence of him keeping up-to-date with the knowledge and skills required to practise as a veterinary surgeon.
Ian Green, chairing the Committee and speaking on its behalf, said: "The applicant worryingly did not accept that he was in any way deskilled by the passage of time. The evidence that the applicant has provided showed limited interaction with other veterinary surgeons and there is no documented evidence of the discussions or structure of the meetings he had with veterinary surgeons in Europe.
"There is no evidence of a prolonged and intense period of re-training by way of relevant study to demonstrate that a sufficient level of competence to return to practise has been achieved. In the absence of such evidence the Committee was of the view that there would be a serious risk to the welfare of animals if the applicant was restored to the Register.
"Further, it was a grave concern to this Committee that the applicant demonstrated worrying attitudinal issues towards individuals of a different religion and his attitude to employing a minor when he knew it to be against the law. Such attitudes are incompatible with professional standards the public would expect of a veterinary surgeon."
Finally, with no evidence of public support for the applicant, the Committee concluded that the application for restoration should be refused.
The survey is conducted every four to five years and asks veterinary nurses to answer questions about a variety of subjects including demographic data (for example, socio-economic background, educational attainment, race/ethnicity, disability), work-related data (for example, employment status, location of workplace, type of workplace, hours of work, position in practice) and information about professional achievement (for example, hours of continuing professional development (CPD) undertaken and extra qualifications earned).
The survey, which is conducted on the College’s behalf by the Institute for Employment Studies, also ask respondents about their views on different aspects of their profession, including career plans, challenges facing the profession, and wellbeing.
This year, the survey also asks for your view of the RCVS, including its values, how it should communicate, and what it should prioritise in future years.
Lizzie Lockett, RCVS CEO (pictured right), said: "The results of the Surveys form a very important ‘snapshot’ of the profession at a given point in time, but they also prove useful for years to come in terms of how the College develops its regulatory and educational policy, the areas it chooses to focus on and the issues it chooses to tackle.
"The ensuing reports are also used by a myriad of other individuals, such as those in academia, government and representative bodies, as well as journalists. It’s therefore really important that we have as accurate a picture as possible. So although completing the Surveys is entirely voluntary, we strongly encourage members of the professions to take the time to complete them. It will, ultimately, help the development of appropriate and supportive policies for your profession."
In August 2017, Georgina Bretman was found guilty of causing unnecessary pain and suffering to her two-year-old dog Florence by injecting the animal with insulin, causing the dog to suffer from hypoglycaemia, collapse, convulsions and seizures, for which it needed immediate veterinary treatment to avoid coma and death.
Following her conviction, Miss Bretman was sentenced to a Community Payback Order, with a requirement to carry out 140 hours of unpaid work. An order was also made to take Florence away from her and to ban her from owning a dog for two years.
At the VN Disciplinary Committee hearing, Miss Bretman admitted the facts as contained within the charge against her and the Committee found the charge proved.
The Committee went on to consider whether the charge rendered Miss Bretman unfit to practise.
The Committee heard from Miss Bretman’s counsel, Mr O’Rourke QC who indicated that Miss Bretman accepted that her conviction rendered her unfit to practise as a Registered Veterinary Nurse. The Committee found Miss Bretman’s actions in deliberately administering a poisonous substance to Florence thereby risking Florence’s death to be “very serious and deplorable conduct on the part of a veterinary nurse, a member of a profession specifically entrusted to look after and care for animals.” It also took into account the fact that Florence needed urgent veterinary treatment to avoid death and that Miss Bretman was in a position of trust over Florence as her owner.
Stuart Drummond, chairing the Committee and speaking on its behalf, said: "Miss Bretman’s conduct was also liable to have a seriously detrimental effect on the reputation of the profession and to undermine public confidence in the profession. The fact that she was a veterinary nurse was made clear at the trial and reported in the press. The Committee considered that members of the public would be rightly appalled that a Registered Veterinary Nurse had committed an offence of this kind.
The Committee was satisfied that this conduct fell far below the standard expected of a Registered Veterinary Nurse and that Miss Bretman’s conviction was of a nature and seriousness that rendered her unfit to practise."
The Committee then heard oral evidence from Miss Bretman in which she explained that she had always been passionate about working with animals and working in the veterinary profession and how she enjoyed her work as a veterinary nurse with a particular interest in hydrotherapy and rehabilitation.
She spoke about the devastating effect of the incident and the shame that was ‘brought down on her head’. She told the Committee that she had been suspended from her job and, since her conviction, had not worked as a veterinary nurse.
However, Miss Bretman said that, while she accepted and respected the verdict of the court, her stance remained that she had not done what was alleged and now hoped to rebuild her career as a veterinary nurse. She accepted that the offence of which she had been convicted was very serious, particularly for a veterinary nurse.
In considering Miss Bretman’s sanction the Committee took into account the aggravating and mitigating factors. Aggravating factors included the fact there was actual injury to an animal, that it was a pre-meditated and deliberate act against an animal for whom she was responsible, the fact that a medicinal product was misused, a lack of insight and a lack of remorse.
In mitigation the Committee took into account the fact she had no previous disciplinary history, had received positive references and testimonials and that, following the conviction, she demonstrated a willingness to be removed from the Register and to not work with animals to avoid causing embarrassment to the RCVS.
Stuart Drummond said: "The Committee was of the view that the nature and seriousness of Miss Bretman’s behaviour, which led to the conviction, was fundamentally incompatible with being registered as a veterinary nurse. The conduct represented a serious departure from professional standards; serious harm was deliberately caused to an animal; the continued denial of the offence demonstrated a complete lack of insight, especially in regard to the impact of her behaviour on public confidence and trust in the profession. In light of these conclusions, the Committee decided that the only appropriate and proportionate sanction was removal from the Register.
"In reaching this decision the Committee recognised the impact this was likely to have on Miss Bretman, which was unfortunate given her young age and her obvious passion for a career as a veterinary nurse. The Committee had considered with care all the positive statements made about her in the references and testimonials provided. However, the need to protect animal welfare, the reputation of the profession and thus the wider public interest, outweighed Miss Bretman’s interests and the Committee concluded that removal was the only appropriate and proportionate sanction. The Committee determined that it was important that a clear message be sent that this sort of behaviour is wholly inappropriate and not to be tolerated. It brought discredit upon Miss Bretman and discredit upon the profession".
The Committee then directed the RCVS Registrar to remove Miss Bretman’s name from the Register. Miss Bretman has 28 days from being notified of the Committee’s decision to submit an appeal.
There were two charges against Dr Mulvey. The first was that, between May and October 2018, she failed to provide the clinical history for an English Cocker Spaniel named Henry to the Tremain Veterinary Group, despite numerous requests. Also, that between August 2018 and October 2018, she failed to respond adequately or at all to Henry’s owner's requests for information, particularly his clinical records and details of insurance claims made for Henry by her practice.
The second charge was that in January/February 2019, she failed to respond to reasonable requests from the RCVS, particularly in relation to her treatment of Henry, her continuing professional development (CPD) and the status of her Professional Indemnity Insurance.
At the beginning of the hearing, Dr Mulvey admitted the facts and conduct alleged in the charges and also admitted that when her conduct was considered cumulatively, she was guilty of disgraceful conduct in a professional respect.
The Committee, having considered the evidence provided by the College and Dr Mulvey’s admissions found all the facts and conduct to be proved.
The Committee also concluded that Dr Mulvey's failure to respond to Henry's owners and to the College amounted to disgraceful conduct both when considered individually and cumulatively.
In respect of the first charge, the Committee decided that Dr Mulvey had breached the Code of Professional Conduct for Veterinary Surgeons by failing to provide clinical records or details of insurance claims.
This was an administrative part of the function of a veterinary surgeon’s role and that failure to provide clients with such information was unacceptable and fell far short of acceptable professional standards. The Committee noted that Dr Mulvey’s failure to provide details of insurance claims had occurred because she had not made those claims, despite offering to do so.
With regard to the second charge, the Committee concluded that Dr Mulvey’s failure to respond to five requests from the College for information about Henry was unacceptable.
The Committee also considered that the omissions took place in the context of Dr Mulvey’s previous Disciplinary Committee hearing in April 2018 during which she agreed to a number of undertakings including supervision on her professional practice by an appointed supervisor. It therefore decided that her failure to provide evidence of her CPD and Professional Indemnity Insurance to the College each individually amounted disgraceful conduct in a professional respect.
The Committee then went on to consider the sanction for Dr Mulvey in relation to the both charges that it had found proved and also in respect of the charges it had found proved at its earlier hearing on 26 April 2018 for which sanction had been postponed for a period of 1 year to enable Dr Mulvey to comply with undertakings she gave to the Committee to ensure that her practice met RCVS Core Standards by May 2019.
The Committee heard from Mr Stuart King MRCVS who had been appointed to act as a Workplace Supervisor for Dr Mulvey during the period of her Undertakings. Mr King provided the Committee with a report upon the extent to which Dr Mulvey had complied with the terms of her undertakings including the extent which she had implemented Dr King’s numerous recommendations.
The Committee also heard from Dr Byrne MRCVS an inspector for the RCVS’s voluntary Practice Standards Scheme that Dr Mulvey’s practice, when inspected by him in early April 2019, had not met RCVS PSS Core standards in a number of areas.
The Committee heard from Dr Mulvey and her Counsel that she accepted that she had not met RCVS Core standards as she had undertaken to do.
In reaching its decision as to sanction for all the matters, the Committee took into account that Dr Mulvey’s misconduct overall was serious because it was repeated.
The Committee also considered aggravating and mitigating factors.
Aggravating factors included the fact that the misconduct was sustained or repeated over a period of time (in relation to charge 1 for a period of approximately 4 months and in relation to charge 2 for approximately 6 weeks).
Other aggravating factors include the fact that Dr Mulvey’s conduct contravened advice issued by the Professional Conduct Department in letters sent to her, and that she had wilfully disregarded the role of the RCVS and the systems that regulate the veterinary profession.
Mitigating factors included that: there was no harm to any animal; there was no financial gain for Dr Mulvey or any other party; there was no ulterior motive behind Dr Mulvey’s conduct; and that Dr Mulvey had in fact both completed her minimum CPD requirement and secured Professional Indemnity Insurance, demonstrating that she had not attempted to hide such information from the College.
It also took into account that Dr Mulvey, prior to the first Disciplinary Committee’s hearing in 2018, worked without any previous disciplinary findings against her from 1976 to 2018. The Committee also noted that she had made efforts to comply with some of the undertakings.
Mr Ian Green, Chair of the DC and speaking on behalf of the Disciplinary Committee, said: "The Committee considered that a warning or reprimand was not an appropriate sanction that would meet the public interest. Instead, the Committee decided that a suspension order for a period of six months would allow Dr Mulvey sufficient time to focus on ensuring her practice met the Core Standards set out in the Practice Standards Scheme, without the daily demands of practising as a veterinary surgeon, and was a proportionate and sufficient sanction to meet the public interest.
"The Committee was satisfied that a period of six months met the public interest as it was sanctioning Dr Mulvey for two sets of similar misconduct which we had determined overall as serious. The Committee also believed that during these six months Dr Mulvey could reflect and reorganise her practice, and there would be little risk to animals and the public in her returning to practice."
Dr Mulvey has 28 days from being informed of the Committee’s decision to lodge an appeal with the Privy Council.
The blog is part of a mental health anti-stigma campaign called '&me', being run jointly by the RCVS and the Doctor's Support Network.
&me encourages people within healthcare professions to come forward with their personal mental health stories, to demonstrate that mental health issues do not preclude people from achieving leading roles in healthcare.
Mind Matters Manager, Lisa Quigley said: "By reducing stigma and showing that it is possible to continue to flourish in your career no matter where you are on the mental health continuum, our &Me role models help those who are not yet seeking help or who are struggling with their diagnosis to speak to appropriate people.
"We often talk about veterinary surgeons’ mental health and the wider prevalence of mental health issues within the veterinary professions. We are incredibly pleased to have our first VN &me ambassador and this blog will hopefully open the way for other veterinary nurses at all stages of their careers to talk more openly about their mental health to trusted people and healthcare professionals. We thank its author, Meg Conroy, for her bravery in stepping forward to talk about her own experiences."
Meg said: "In January 2018 I was promoted to Head Nurse for the Hub of practices and had volunteered for British Small Animal Veterinary Association Southern region and Congress committee. I felt on top of the world. I was married in July 2018, the best day of my life. But then suddenly, my black dog was upon me. Everything from the last eighteen months crashed down on me like a tsunami. Everything I had pushed to the back of my mind came flooding back. This is when I truly started to change how I viewed my mental health.
"Before it was a dark, damning secret that I was ashamed of. Now I had supportive colleagues who genuinely just wanted me to get better. After five weeks off work, medication and starting counselling, I was ready to give work another go. I remember taking my first blood sample, shaking and tears filling my eyes. I didn’t think I would ever be whole again. Eight months on from my last episode, I feel stronger than ever, I fought every day until one day it became easier.
"We talk often about what our mental health takes away from us, but what has my mental health given me? It’s given me a greater understanding and empathy towards others. My mental health is a part of me, but it does not define me. Certainly not as a nurse."
Meg’s full blog can be found on the Mind Matters website.
The RCVS is still looking for more ambassadors for the Mind Matters &Me campaign. If you're interested in joining the campaign, you should first contact Dr Louise Freeman, Vice-Chair of the Doctors’ Support Network, on vicechair@dsn.org.uk, for a discussion about the potential personal impact.
RCVS CEO Lizzie Lockett said: "I am so proud of our performance in the Great Place to Work Awards and the efforts of everyone at the College, and especially our HR team, who have been tirelessly and creatively striving to make the College a wonderful place to work.
"Consistently being placed in the top 50 Great Places to Work is also a testament to the sustained hard work all of our employees and the important part they play in creating a supportive, interesting and good-humoured workplace.
"We are a service-led organisation and we want to make sure that we give our best to the veterinary professions and the general public. If our team enjoys the work, and the workplace, that will improve the service we are able to offer and, ultimately, benefit animal health and welfare."
The new qualifications are the Level 6 Graduate Certificate in Advanced Veterinary Nursing and the Level 7 Postgraduate Certificate in Advanced Veterinary Nursing.
They differ from the previous Diploma in Advanced Veterinary Nursing in that the qualification is smaller, more focused (being a 60 credit qualification rather than an 120 credit one) and specific to the veterinary nurse’s subject of choice, which is designed to make it both more appealing and easier to fit with the demands of your professional and private life.
The proposals for a new post-registration qualification framework for the profession grew out of a recommendation of the VN Futures Report and Action Plan published in July 2016, which said that the joint RCVS and BVNA project should "canvas opinion on the scope, level and delivery of post-qualification awards for veterinary nurses". This would aim to open up more and different career paths for veterinary nurses.
The proposals were developed by a Post-registration Qualification Working Group and consulted on last summer. The consultation received a large number of responses from the profession which then fed into further revisions that were approved by the VN Education Committee in April.
Racheal Marshall, Chair of VN Council (pictured right), said: "This is a fantastic development for veterinary nursing in terms of professional development and showcasing the full range of skills and experience that we possess.
"The course criteria that we have approved have already received a great deal of interest from both Further and Higher Education providers. We hope to work constructively with them on developing their courses to ensure that they meet the standards we have set out and that they are maintained over time.
"By allowing greater focus on particular designated areas of practice I think these courses will really open up some significant opportunities for VNs, who can choose to go down a designated path, whether that is in, for example, anaesthesia, emergency & critical care, pharmacology or even non-clinical routes such as education and teaching, research skills and leadership.
"This is a great step forward for the profession and we look forward to working to develop the first Certificate in Advanced Veterinary Nursing courses and seeing the first cohort of veterinary nurses sign-up to it."
It is hoped that, in time, once the qualifications have bedded in and enough members of the profession have undertaken and completed the certificate, they may act as a pathway to a formal Advanced Veterinary Nurse status, similar to the relationship between the Certificate in Advanced Veterinary Practice and Advanced Practitioner status for veterinary surgeons.
Both VN Education Committee and VN Council will be looking at the issue of this status over the coming years.
The full details of the framework for the new qualifications – including the candidate enrolment process, candidate requirements, assessment methods, guidance on curricula and the accreditation and reaccreditation standards – can be found in the committee papers for VN Council at www.rcvs.org.uk/who-we-are/vn-council/vn-council-meetings/8-may-2019/
Any veterinary nurses or Higher/ Further Education institutions who are interested in the Certificate in Advanced Veterinary Nursing should contact the RCVS VN Department on vetnursing@rcvs.org.uk or 020 7202 0788.
A shift towards a more outcomes-based model of CPD for veterinary surgeons and veterinary nurses has been under discussion for a number of years and one of its main proponents has been the current RCVS Senior Vice-President Professor Stephen May (pictured right), who chaired the CPD Policy Working Party.
Stephen said: "There has been increasing recognition over a range of different professions that CPD records based on ‘inputs’ alone, for example, measuring the number of hours attending a lecture, do not necessarily prove that any significant learning has taken place or that this learning will be used to improve professional practice.
"By contrast, research has demonstrated that CPD activities focused on outcomes encourage professionals to reflect on what they have learned, how they will apply their learning and how it will improve their practice, which has a positive impact on professionalism and patient health outcomes. Numerous other professions, including human medicine and dentistry, have moved to this model and the veterinary world has been somewhat ‘behind the curve’ as a result.
"However, as with any significant shift in policy, there has been a recognition that we needed to take the profession with us and not force through change. This is why, in March 2017, we launched a pilot scheme for the outcomes-based model with veterinary and veterinary nurse volunteers, including people who, during the initial consultation stage, had voiced some skepticism towards the concept.
"The overall feedback from volunteers was very positive and supportive towards the changes and I look forward, over the coming years, to talking to the professions at large about the benefits of the approach and how to best engage with the model."
In all, around 120 volunteers took part in the pilot, of whom 70% were veterinary surgeons and 30% veterinary nurses. When the pilot finished in October 2018, volunteers provided feedback as part of the evaluation process. Of the 57% of volunteers (n=70) who responded to the survey:
77% said they would be willing to use an outcomes-based CPD model in the future;
41% found it ‘easy’ or ‘very easy’ to implement outcomes-based CPD while only 11% thought it was either ‘difficult’ or ‘very difficult’;
61% thought that the outcomes-based model made CPD more meaningful for them and 25% said it encouraged them to undertake a wider range of CPD activities than previously;
Other feedback included the need for a better CPD recording system and more information and guidance ahead of any future changes.
Following the feedback, particularly around the need for a new approach to CPD recording, it was also recommended to Council that a new online CPD recording system should be introduced. This system will integrate the current disparate systems, such as the Student Experience Log (for vet students), Nursing Progress Log (for student VNs) and the Professional Development Phase (for recent vet graduates), making it a ‘one-stop shop’ professional development recording platform.
Richard Burley, RCVS Chief Technology Officer, said: "We will be building a new platform, consolidating all professional development-related capability for all members, into a single, integrated solution, seamlessly accessible via our ‘My Account’ online portal, and forthcoming mobile app. We have assembled a new, dedicated, software development team to drive this work and more details about this system will be published in coming months."
Linda Prescott-Clements, RCVS Director of Education, added:"Following the approval of the CPD proposals by RCVS Council, a phased roll-out of the new model and the accompanying IT system will take place. This includes recruiting a group of volunteers from the profession later this year to get some initial feedback around the guidance resources and online CPD platform, with members of the profession being voluntarily able to sign up to the new model and IT system from January 2020 onwards.
"Implementation of the new CPD requirement for all members is expected to start in January 2022 but, prior to that, we will be working hard to talk to the profession about why an outcomes-based model is a more effective and meaningful way of undertaking CPD and this will include workshops, webinars and roadshows. Look out for more news on our plans over the coming months."
For more information about the College’s current CPD policy requirement and policy, visit: www.rcvs.org.uk/cpd
The ceremonies, which took place on Tuesday, saw newly-qualified veterinary nurses being formally welcomed to the profession and taken through their professional declarations by Racheal Marshall, Chair of the RCVS Veterinary Nurses Council.
Six veterinary nurses who had achieved the Diploma in Advanced Veterinary Nursing (DipAVN) also had their achievement marked on the day.
Racheal said: "It is very apt that this ceremony is taking place during BVNA’s VN Awareness Month, where veterinary practices are encouraged to talk to their clients and the wider public about who veterinary nurses are, what they do and why, as a caring profession, they are so important to animal health and welfare."
"With VNs like you joining our profession or continuing to excel in your careers and helping to raise awareness of veterinary nursing amongst the general public, I am positive that we will continue to progress."
Racheal also gave three pieces of advice to the new registrants: accept that there will be change in your career and life, look after your own physical and mental wellbeing, and use your voice as a veterinary nurse by voicing your opinions and ideas, voting in VN Council elections – or even standing as a member – and contributing to the VN Futures project.
One particularly special element of the day was the recognition of Surrey-based veterinary nurse Sandra Robson for her long service with a veterinary nursing career spanning over 40 years. Sandra, who now works part-time at Brelades Vets in Dorking, began her training in 1968 and qualified as a Registered Animal Nursing Assistant (or RANA) in August 1970. She has worked as a head nurse and practice manager at equine and small animal practices and has also been keen to pass on her experience to her peers being active in teaching and training many student veterinary nurses over the years.
Sandra said: "The people here should be proud of their profession because they have taken a long time to achieve their qualifications and they should be making everyone aware that it is an important achievement. There has been many general developments over the years with the introduction of the Register, the importance on veterinary nurses being professionally responsible for their own actions and Schedule 3."
Also attending the day was RCVS President Amanda Boag who presented each of the new veterinary nurses with a scroll containing the professional declaration made by all veterinary nurses on admission to the Register of Veterinary Nurses and formally welcoming them to the VN profession as an associate of the RCVS.
Amanda said: "As a veterinary surgeon, I am incredibly proud to work alongside your profession. I have been very lucky within my career to work with some amazing nurses, and I have learnt so much from being part of the wider veterinary team.
"As a young vet working in busy emergency clinics, it was very often the fantastic nurses I worked with who saved the day and were responsible for helping me save patients’ lives. I couldn’t have done it without them.
"Being a vet nurse is a wonderful vocation with great and increasing career opportunities and you are such an important part of the veterinary team."
The next VN Day ceremony takes place on Thursday 17 October 2019.
The hearing concerned an incident which took place at the VetsNow Huyton premises in Liverpool. There were two charges against Dr Rafiq. The first was that in December 2017, shortly after a litter of puppies was delivered by caesarean to a French Bulldog named Lila, she took one of the puppies away from the practice with the intention that it should not be returned to Lila’s owner and that, in doing so, she was dishonest, misleading and had not acted in the best interest of the puppy’s welfare.
Another puppy was taken away by an animal care assistant who was also working at Vets Now Huyton on the night in question.
The second charge against Dr Rafiq was that she had told her employer at VetsNow that the puppy she had taken from the practice had died in the car when she had been driving home when, in fact, the puppy was alive at that stage and, in telling her employer this, she had been dishonest and misleading.
There was one charge against Mr Perez: that he had made an entry in the clinical records for Lila that she had given birth to four live puppies when in fact she had six; that he had only discharged four of the six puppies to the owner; that he knew that his colleagues intended to remove or had removed the puppies; that he had failed to prevent the removal of the puppies and had failed to report to a colleague the removal of the puppies. The charge also stated that, in relation to the incident, Mr Perez had been dishonest, misleading, did not act in the best interests of the puppies’ welfare and failed to keep accurate clinical records.
At the outset of the hearing, Dr Rafiq admitted in full the charges against her and accepted that she had acted dishonestly. Mr Perez admitted some of the charges against him including that he had made the false clinical record, had discharged four rather than six puppies and had failed to keep accurate clinical records, however he denied any knowledge of the intention to remove puppies and denied that his conduct had been misleading or dishonest.
The Committee was not satisfied that Mr Perez knew at the time of surgery that his colleagues intended to remove the puppies and also considered there was insufficient evidence that he subsequently became aware of their removal.
As a result, the Committee found that he could not have prevented their removal or reported the matter to a colleague. However, the Committee did find that his actions were unintentionally misleading regarding the clinical records and the discharge of the incorrect number of puppies.
The Committee found all the charges against Dr Rafiq proven.
The Committee considered whether the admitted and/or proven charges against Dr Rafiq and Mr Perez amounted to serious professional misconduct.
In respect of Mr Perez, the Committee was critical of his failure to keep accurate clinical records and considered that it was his duty to know how many puppies were born and to record them accurately.
However, while the Committee concluded that Mr Perez’s conduct fell below the expected professional standards of a veterinary surgeon, it did not fall so short as to constitute serious professional misconduct. As a result, no further action was taken against Mr Perez.
In regard to Dr Rafiq, the Committee recognised her admission at the outset that her actions constituted serious professional misconduct and noted her expression of remorse.
The Committee did however have concerns regarding the evidence she gave as to her actions being motivated by animal welfare concerns. The Committee felt that such concerns should have been raised with colleagues and it found that Dr Rafiq had acted recklessly and had been dishonest both with the owner and with her colleagues.
The Committee therefore concluded that her conduct fell so far short of what would be expected of a veterinary surgeon that it constituted serious professional misconduct.
The Committee then considered the sanction against Dr Rafiq, taking into account aggravating and mitigating factors. The aggravating factors included a risk of injury to the puppies, an abuse of the client’s trust, sustained misconduct as the puppy was retained by Dr Rafiq from 2/3 December until its actual death on the night of 5 December, that the dishonesty was sustained until 7 December and that she had only demonstrated limited insight in respect of her wider professional responsibilities.
In mitigation, the Committee considered that her actions involved no financial gain, that it was a single and isolated incident, that she had no previous adverse findings, that she had demonstrated genuine remorse and that she had made admissions at an early stage.
Dr Rafiq, who was unrepresented during the hearing, also submitted evidence in mitigation including testimonials from colleagues and clients, her youth and inexperience at the time, and her remorse, among other things.
In deciding the sanction Ian Arundale, who chaired the Committee and spoke on its behalf, said: "The Committee concluded that Dr Rafiq was a competent veterinary surgeon who was very unlikely to pose a risk to animals in the future.
"However, it considered the reputation of the profession and the need to uphold standards was an important consideration that outweighed the hardship which would be suffered by Dr Rafiq by not being able to practise in her chosen profession. It considered that Dr Rafiq would be fit to return to the profession after a period of suspension.
"It therefore determined that, notwithstanding the nature and extent of the dishonesty in this case, a suspension order was a sufficiently severe sanction to maintain the reputation of the profession and to meet the wider public interest. It took into consideration the overall dishonesty, including that Dr Rafiq had been dishonest when first confronted about these matters, when deciding on the length of any suspension.
"The Committee considered the sanction of suspension was proportionate in the circumstances of this case where there was supporting evidence that Dr Rafiq was a competent and well-regarded veterinary surgeon. It considered the positive testimonial evidence given… and that she was held in high regard by her current employers who were aware of the admitted misconduct, were significant factors in deciding that a suspension order was the proportionate sanction."
The Committee determined that a six-month suspension order would be the most appropriate sanction under the circumstances and directed the Registrar to remove Dr Rafiq from the Register for this period of time.
The Disciplinary Committee considered four charges against Dr Strokowska. The first was that, whilst registered in the 'Practising Outside the United Kingdom' category of the Register of Veterinary Surgeons maintained by the RCVS, she practised as a veterinary surgeon in the counties of Somerset, Shropshire, London, Lancashire and Norfolk between July 2016 and August 2017 when she was not registered as UK-practising. The charges were that her conduct in relation to this was dishonest and misleading to her employer and/or clients.
The second charge was that, between October 2016 and July 2017, Dr Strokowska made posts on social media which included photographs of and comments about animals being treated at the practices where she worked, without the consent of the owners or the practices.
The third charge was that, between January 2017 and March 2017, Dr Strokowska made posts on social media which included photographs, videos and comments about animals being treated at Goddards Veterinary Hospital in Wanstead, without the consent of the treating and/or operating veterinary surgeon.
The fourth charge was that, between July 2017 and September 2017, Dr Strokowska made representations to the practice principal of Barn Lodge, in Lancashire, and/or a student vet working at the practice that she had gained consent for photographs and social media posts when she had not, and that her conduct was dishonest and misleading.
At the outset of the hearing, the Dr Strokowska admitted to having practised as a veterinary surgeon in the UK when she was registered as practising outside the UK, but disputed that she had been dishonest or misleading with regards to this.
She also admitted to the entirety of the second charge and part of the third, but, under the latter charge, denied that she had, without consent, taken a video of an animal being operated on by a veterinary colleague.
Finally, she admitted to dishonest and misleading conduct with regard to part of the fourth charge, but denied that, in July 2017, she informed the practice principal that she had been told that she would be allowed to take photographs at Barn Lodge and post these on social media, when she had not been so told.
The Disciplinary Committee went on to consider the facts of the case for each of the charges that remained in issue.
Having considered all of the evidence, the Committee accepted that she did not have her registration status with the RCVS in her mind while she was working in the UK during the period in question. Accordingly, the Committee did not find her to have been dishonest.
With regards to the third charge the Committee considered the issue of whether the video in question had been posted "without the consent of the treating and/or operating veterinary surgeon". After examining the relevant evidence (which included the video in question) the Committee determined that the evidence did not support the facts charged and thus that charge three was not proved.
With regards to the fourth charge, Strokowska denied that her conduct in relation to informing the principal that she had been told that she would be allowed to take photographs and post these on social media was dishonest or misleading, on the basis that she believed she had permission to take and post photographs on social media. The Committee was not able to be sure as to how she sought this consent and the response provided and so the charge was found not proved.
The Committee then went on to consider whether the charges that were admitted amounted to serious professional misconduct.
The Committee found that it was the respondent’s responsibility to ensure that her registration status was appropriate at the time she was doing locum work in the UK. However she had provided her RCVS registration number to all the practises she had worked for and in the view of the committee there was no intention to deceive anyone. In the judgement of the Committee, her conduct was not sufficiently grave so as to constitute serious professional misconduct.
The Committee, in its judgement, concluded that her conduct in relation to the second charge did fall far short of the behaviour to be expected of a member of the veterinary profession, and amounted to serious professional misconduct.
The Committee considered that all members of the profession are obliged to ensure that they comply with the provisions of the Code of Professional Conduct, and the supporting guidance, in relation to the use of the internet and social media.
Unauthorised posting of photographs of animals being treated by a veterinary surgeon on social media may well cause distress to the owners, and damage to the reputation of the profession as a whole, and to the reputation of individual practices.
The aspect of the third charge admitted by the respondent involved posting a photograph with accompanying text of a dog without the consent of the treating and/or operating veterinary surgeon. The Committee considered that this was, indeed, a matter of professional discourtesy, but did not consider that it amounted to serious professional misconduct.
The respondent admitted the fourth charge and admitted that her conduct was dishonest and misleading. The Committee, in its judgement, considered that by choosing to lie in response to a genuine professional enquiry about her conduct, her behaviour fell far short of that to be expected from a member of the veterinary profession, and constituted serious professional misconduct.
The Committee next considered what, if any, sanction to impose.
In mitigation the Committee considered that the postings were an attempt to promote the health and welfare of animals; the lack of risk of harm or actual harm to an animal or human; no apparent financial gain from her actions; her youth and inexperience at the time of the misconduct; her open and frank admissions at an early stage; her subsequent efforts to avoid repetition; the lapse of time since the incident; and her demonstration of insight into the effects of her postings on some owners.
The Committee considered the available sanctions in order starting with no further action. The Committee did not consider that this was appropriate where the serious professional misconduct found in this case involved dishonesty, even given the mitigating factors relating to that as outlined above, nor in view of the repeated nature of the social media posts without owner consent.
The Committee determined that a reprimand and warning as to future conduct was the appropriate sanction in the circumstances of this case.
Dr Strokowska was reprimanded for her serious professional misconduct in relation to her admitted failure to obtain necessary consent for posts on social media and her dishonesty in communication.
She was warned that she should in future be fully aware of, and comply with, the provisions of the RCVS Code of Professional Conduct and its supporting guidance, in particular as it relates to the use of social media, including the need to ensure that she has obtained all the necessary consents from all relevant parties.
A total of 8,234 votes were cast in this year’s election, a turnout of 25.5%. The College says the previous highest turnout recorded this century was 22.8%, and it thinks this year's result may even be an all-time record.
The full results, in order of number of votes, are:
Niall Connell – 3,766 votes (re-elected)
Linda Belton – 3,581 votes (elected)
Jo Dyer – 3,146 votes (re-elected)
John Innes – 2,716 votes
Kate Richards – 2,283 votes
Tim Greet – 2,280 votes
Peter Robinson – 1,791 votes
John Davies – 507 votes
Tom Lonsdale – 422 votes
Eleanor Ferguson, RCVS Registrar and Returning Officer for the election, said: "Congratulations to Niall and Jo for being re-elected to Council and congratulations also to Linda who we look forward to welcoming to Council at this year’s Royal College Day on Friday 12 July. I would also like to thank Kate, Tim and Peter for their contributions during their time on Council and give my commiserations to them and the other candidates who were unsuccessful this year.
"I was delighted to see that, this year, we had over a quarter of those eligible to vote doing so which means both a record number of votes and a record turnout – it seems this was assisted by our email reminders which, each time they were sent out, lead to a significant boost in uptake.
"However, we will not rest on our laurels and will continue to think about how we can further improve engagement in the election process and turnout for subsequent years."
The results of the election will be declared formally at this year’s Royal College Day – the College’s Annual General Meeting and awards ceremony – which takes place at the Royal Institute of British Architects on Friday 12 July 2019 where the successful candidates will also start their new four-year terms.
No election to Veterinary Nursing Council was held this year due to the fact that there were only two candidates – Liz Cox and Jane Davidson – standing for the two elected places. Both Liz and Jane will take up their three-year terms at Royal College Day.
According to the College, the increase in fees is needed primarily to develop its regulatory capacity for paraprofessionals. However it also says it needs to increase fees to pay for a new, Midlands-based headquarters designed by Foster and Partners, following the announcement last year about the sale of Horseferry Road.
Brexit is another significant factor in the decision to raise fees.
As has been widely reported, the College has already been on a number of fact-finding trips to India, with a view to making up the shortage of vets in the UK with graduates from Indian vet schools. But however forward-thinking these trips were, they have not borne fruit in time for Brexit.
For this reason, the College has announced that it has set aside an emergency contingency fund of £6M in order to fly as many as twenty veterinary surgeons from India and pay them to act as OVs on short term contracts in the event of a no deal Brexit.
An RCVS spokesperson said: "Brexit has dominated proceedings over the last two years, and we have been working collaboratively with our colleagues in Defra and the BVA to make appropriate plans to ensure that vital veterinary work will continue, whatever the outcome of Brexit. However, we have been unable to persuade the government to put veterinary surgeons on the Shortage Occupation List and our only alternative is to recruit from abroad."
Dr Frill Poao from the Indian Veterinary Association Kerala said: "We are standing by to help our British colleagues in their time of need".
Photo: Could the new RCVS headquarters look something like this? Foster and Partners also designed London City Hall. Gary Knight / Wikipedia CC BY-SA 2.0
On Monday, Kathy Kissick, current Veterinary Nurses Council member and former Head of School Veterinary Nursing and Farriery at Myerscough College, will give a talk entitled 'It’s not the job you do; it’s how you do the job'.
The talk will look at how clinical coaches can encourage their students not only to achieve their qualification, but also develop professional accountability, consider issues regarding fitness to practise and understand the links between professional, legal and ethical responsibilities and accountability.
The next day, RCVS Director of Veterinary Nursing Julie Dugmore (pictured right) and Jill Macdonald, VN Project Coordinator, will give an update on VN Futures and report the work done by its various working groups.
These working groups were set up shortly after the publication of the VN Futures Report in July 2016 to focus on areas such as retention and recruitment in the veterinary nursing workforce, Training Practices, developing meaningful career progression routes for the profession and developing ‘One Health’ links with other healthcare professions, including medical nurses.
Julie said: "Much of the work of the VN Futures project has been going on under the radar for the past few years, but with the appointment of Jill as our VN Futures Project Manager, and moving towards the deadline of the five-year VN Futures plan, we want to make sure the profession is aware of what has been happening and our plans for the next two years."
Finally, RCVS CEO Lizzie Lockett will give a talk about the Mind Matters Initiative. She'll explain how the project is aiming to improve the mental health and wellbeing of those in the veterinary team by offering mental health awareness training, trying to break down the stigma associated with mental ill-health and developing support resources and courses to help members of the veterinary team flourish and, where needed, get back on form.
She will also give an outline of current activities, provide tips on improving wellbeing in the practice and give information on how veterinary nurses can get involved in the project as well. Further information about the Initiative can be found at www.vetmindmatters.org
Miss Panait faced the charge that on 3 April 2018, at Cardiff Magistrates’ Court, she was convicted of causing serious injury by dangerous driving for which she was sentenced to 10 months in prison, disqualified from driving for 41 months and ordered to pay a victim surcharge of £140.
At the start of the hearing Miss Panait admitted to the charge against her which related to an accident on 15 May 2017 in which, following an attempt to overtake a number of vehicles, she lost control of her car and collided with a vehicle on the other side of the road, causing serious injuries to herself and life-changing injuries to the other driver. The Committee subsequently found this charge to be proved.
The Committee then considered whether the charge found proved made her unfit to practise veterinary surgery.
In doing so, it took into account the fact that Miss Panait was convicted of a serious crime which resulted in serious harm to another and for which she received a custodial sentence.
The Committee decided that the criminal conviction and the custodial sentence fell far below the standard expected of a veterinary surgeon and therefore rendered her unfit to practise veterinary surgery.
In considering her sanction, the Committee heard directly from Miss Panait who attended the hearing having been released from prison on licence.
Stuart Drummond, chairing the Committee and speaking on its behalf, said: "After the submissions the respondent spoke directly to the Committee. She was understandably emotional and was remorseful and apologetic. She acknowledged that she had made a mistake and apologised for bringing the profession into disrepute…. To the Committee her sense of personal responsibility or shame was palpable."
The Committee also took into account other aggravating and mitigating factors in the case.
The Committee recognised that it was a serious offence with significant consequences for both the victim and Miss Panait but accepted it was a single isolated incident, that Miss Panait has made efforts to avoid repetition of the incident by undertaking further driving instruction and recognised that she had displayed full insight and remorse. Furthermore, it also considered the many testimonials from colleagues and clients and that she had received significant support from her employers.
Mr Drummond added: "The Committee came to the conclusion that this was one of those exceptionally unfortunate and sad cases where it is appropriate and proportionate to take no further action. The respondent has insight and is deeply remorseful and has accepted full responsibility for what has happened.
"In the circumstances of this case the Committee determined that the public interest has been met by the finding that the respondent’s conviction renders her unfit to practise. The Committee was of the view that to impose any sanction now would be disproportionate."
It’s very significant because it’s the first time the College has produced material for practices that highlights the responsibilities of pet owners, as well as those of veterinary surgeons and nurses.
As such, it should be a really useful tool to support the advice given by veterinary surgeons and nurses in practice.
In other words, don’t just stick it on the wall in some hidden part of the waiting room. Display it prominently by the reception desk, and point to it when explaining why owners need to make their own arrangements to bring the animal into the practice in emergency, for example. Or why you can’t prescribe drugs when you haven’t seen the animal for 8 years.
The idea for the poster was first mooted by Jonathan Wray MRCVS in the forum on VetSurgeon.org, after he’d seen a similar thing produced by the French regulator for veterinary practices in France.
VetSurgeon.org decided to produce an English version with input from vets as to what they would like a UK version of the poster to say.
On reflection, however, it was always something which would carry so much more clout if it came from the regulator, so we turned the idea over to the RCVS.
To its great credit, the College ran with the idea and had the poster designed and put through its Standards Committee. The result has now been posted to all practices in the UK, with a pdf version available to download from www.rcvs.org.uk/poster.
The RCVS is now inviting feedback about the poster at communications@rcvs.org.uk.
If you like the poster, I really do urge you drop the College a quick line at that email address and say so. Better still - and I will probably be put on the naughty step for saying this - cc L.Lockett@rcvs.org.uk and i.holloway@rcvs.org.uk. It was they who took the idea forward and made it happen. I think they deserve a round of applause.
RCVS Registrar, Eleanor Ferguson said: "Changes to the chapter of the supporting guidance to the Code of Professional Conduct titled ‘Miscellaneous procedures: legal and ethical considerations’, specifically in regards to surgical artificial insemination in dogs, were discussed at a meeting of the Standards Committee on 30 January 2019.
"The proposed changes to the guidance were to clarify that surgical artificial insemination (AI) in dogs is prohibited by animal welfare legislation – specifically the Animal Welfare Act 2006, which prohibits mutilations. Prohibited procedures are defined as those which interfere with sensitive tissue or bone structure. Surgical AI in dogs is not one of the exemptions permitted within the Mutilations (Permitted Procedures) (England) Regulations 2007.
"Due to an unfortunate oversight, the guidance had not been updated following this legislative change, although, in the interim, the guidance still made it clear that surgical AI in dogs was unlikely to be in the animal’s best interests and could only be carried out and justified in very limited circumstances and for exceptional reasons.
"However, we apologise for the oversight, and as soon as the College was made aware that the guidance on surgical AI did not conform exactly with the legislation and regulations, a paper was prepared for the Standards Committee to consider as soon as possible and update the guidance accordingly.
"As always, if any members of the profession or the public have any questions about any aspect of our Code of Professional Conduct and supporting guidance, they are welcome to contact our Standards and Advice Team on advice@rcvs.org.uk."