The consultation invited members of the professions to explain how they currently understand and interpret Schedule 3 in practice, how it could be clarified and how it might be amended to bolster the veterinary nursing profession.
11,625 people responded to the consultation, the highest number that has ever responded to an RCVS consultation. 6,873 were veterinary nurses (around 35% of the profession and including 1,665 student veterinary nurses) and 4,752 were veterinary surgeons (around 21% of the profession).
The report on the consultation, which is published today by the Institute for Employment Studies, found that 92% of veterinary nurses and 71% of veterinary surgeons think veterinary nurses should be able to undertake additional areas of work.
However, neither vets nor nurses seem to have an especially good understanding of the current scope of Schedule 3 and how it applies in practice, rating their personal understanding at 5.6 and 6.7 out of 10 respectively.
When asked what prevented the full utilisation of veterinary nurses, the majority of both vet and vet nurse respondents highlighted a lack of understanding of what tasks can be delegated under Schedule 3, with around 60% of veterinary surgeons also admitting that they are not good at delegating.
61% of veterinary nurses and 50% of veterinary surgeons thought that the RCVS gives sufficient support and advice about Schedule 3, though the relatively poor level of understanding amongst veterinary surgeons in particular suggests more needs to be done.
In corresponding comments both veterinary nurses and veterinary surgeons said they would like more clarity, especially around 'grey areas' such as the meaning of the term 'minor surgery', as well as further communication from the College about Schedule 3 and for more training for veterinary nurses to ensure they have the competence and the confidence to carry out delegated procedures.
Liz Cox, Chair of RCVS Veterinary Nurses Council, said: "Thank you to all those who responded to the consultation in such large numbers and who shared their views on this topic. The consultation grew out of the government’s suggestion that we review Schedule 3 as a means of bolstering the VN profession, and from the VN Futures project last year, when Schedule 3 was identified as an area where there could be some additional work to clarify the rules around delegation to veterinary nurses.
"There was a clear consensus that veterinary nurses could do more in their role and under Schedule 3 and so we will be feeding the findings back to the RCVS Legislation Working Party, which will be looking, in the round, at possible changes to the framework of veterinary legislation, including how it applies to veterinary nurses and other paraprofessionals.
"In terms of the understanding of Schedule 3 and how it applies in practice it is clear that we need to do some further work to clarify the rules and develop guidance to assist both veterinary nurses and veterinary surgeons in exercising their professional judgement in respect to delegation, for example, through case studies and other examples."
Looking at the tasks currently performed by veterinary nurses, the survey found the five most commonly performed are: clinical cleaning (92%), administration of medicines by subcutaneous injection (91%), administration of medication (90%), monitoring of anaesthesia (86.5%) and administration of medicines by intramuscular injection (86%).
The consultation also found that the majority of veterinary nurses are involved in clinics aimed at educating animal owners on various different aspects of animal health and welfare. The most common include puppy/kitten care (66.5% of respondents), nutrition (65% of respondents), general check-ups (62.5% of respondents) and dental care clinics (57% of respondents).
Post-survey interviews with 10 veterinary nurses and 10 veterinary surgeons found a number of recurring themes, including: limited career paths for veterinary nurses; poor pay for VNs relative to their training and complexity of work; lack of recognition and appreciation for the VN role; enthusiasm for advanced practitioner and specialist status for VNs; and difficulty recruiting experienced VNs.
The College says the results of the consultation will now be considered by the RCVS Schedule 3 and Legislation Working Parties, which are reviewing the efficacy of the current Veterinary Surgeons Act and whether changes need to be made to bring the legislative framework for the profession up-to-date, including consideration of the part played by allied professions like veterinary nurses in the veterinary team.
The full report can be downloaded here.
The Veterinary Capability and Capacity Project (VCCP) is co-chaired by the UK’s Chief Veterinary Officer Nigel Gibbens, RCVS Senior Vice-President Dr Chris Tufnell, and BVA Senior Vice-President Gudrun Ravetz. The project board also comprises the CVOs for Scotland, Wales and Northern Ireland, Sheila Voas, Christianne Glossop and Robert Huey, as well as the Animal and Plant Health Agency and the Food Standards Agency.
The project’s objective is to work with the veterinary sector to better understand the UK’s workforce needs and ensure that both the Government and veterinary businesses can continue to protect animal health and welfare, safeguard the food chain and maintain levels of public health and public services, and enable trade in animals and animal products.
The project will include a joint BVA-RCVS submission to the Migration Advisory Committee’s call for evidence on workforce issues post-Brexit. Three working groups have been set up within the project to look specifically at issues of veterinary resources, recruitment and retention.
The UK’s Chief Veterinary Officer, Nigel Gibbens, said: "Leaving the EU provides us with an opportunity to develop gold standard policies on animal welfare. The UK Government is determined to get a good Brexit deal for Britain and Ministers have been absolutely clear we will maintain our world-leading animal welfare standards.
"The VCCP is a great example of collaborative working between government, professional bodies and regulators to prepare for our exit from the European Union.
"I am pleased the Prime Minister has set out the government’s aim to secure the status of the veterinary workforce as a top priority as we leave the EU. The UK’s vets - both Official Veterinarians and those in the private sector - play a key role in protecting our country from endemic and exotic diseases, tackling outbreaks when they occur, safeguarding our animals and tackling global challenges like antibiotic resistance."
Chris Tufnell said: "Since the vote to leave the European Union last year the RCVS has been working in partnership with BVA to highlight to Government and others the potential workforce shortages that could arise from a loss of non-UK EU-qualified vets, particularly in public health work where they tend to predominate. Our position was highlighted in our Brexit Principles published earlier this year and at an event organised by us and the BVA at the Palace of Westminster for MPs and Peers.
"We are very glad that Defra is working proactively with us and BVA to understand the scale of the issues and map out the risks and opportunities and to help us plan for a number of different scenarios in advance so that we do not find ourselves in a position whereby animal health and welfare or public health might be compromised by workforce shortages."
BVA Senior Vice President Gudrun Ravetz said: "Vets provide the foundation for the UK’s high animal health and welfare, and make an essential contribution to the UK economy and wider society. Veterinary teams up and down the country support the UK’s 11 million pet-owning households; not a penny of the UK’s £12.7 billion livestock industry could be realised without vets; and vets are vital to facilitating UK trade, through health certification and controls, so that consumers have confidence in the food safety and welfare of the products they buy.
"Non-UK EU vets make up around 50% of our new workforce each year yet, since the EU referendum; we are facing increasing problems in recruiting and retaining EU colleagues to the UK. The impact of the loss of even a small percentage of the veterinary workforce could have serious repercussions on the practices, communities and industries that vets serve. This profession-wide project is pivotal to ensuring we have a veterinary workforce that can serve the UK’s needs post-Brexit."
The BVA’s Brexit and the veterinary profession report can be found at www.bva.co.uk/news-campaigns-and-policy/policy/future-of-the-profession/brexit/
To read the College’s Brexit Principles in full visit www.rcvs.org.uk/brexit
The Prime Minister has set out the government’s offer for EU citizens in the UK and UK nationals in the EU on their rights and status after the UK leaves the EU: https://www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and-uk-nationals-in-the-eu
The government’s response to House of Lord’s EU Energy and Environment Sub-Committee’s inquiry into Brexit: Farm Animal Welfare also addresses veterinary capability post-Brexit:https://www.parliament.uk/documents/lords-committees/eu-energy-environment-subcommittee/Brexit-farm-animal-welfare/Gov-Brexit-farm-anim.pdf
Ms Gatehouse faced two charges, the first being that she inaccurately assured another veterinary surgeon that she had vaccinated a horse against influenza and tetanus when she had not, and she subsequently failed to undertake adequate checks to confirm whether she had done so.
The second charge was that she later made a false entry in the same horse’s clinical records to cover up her previous inaccurate statement.
Ms Gatehouse admitted the facts alleged in relation to both charges and also admitted that in relation to the second charge she was guilty of disgraceful conduct in a professional respect.
The Committee, having heard submissions from Counsel for the RCVS and Ms Gatehouse found her guilty of disgraceful conduct in relation to the first charge.
Under the first charge the Committee found that she had breached the RCVS Code of Professional Conduct for Veterinary Surgeons by not keeping clear, accurate and detailed clinical and client records, and by acting in a manner that was likely to undermine public trust in the profession.
They also considered that her falsehood was unpremeditated, and that the decision was made in a moment of panic. Ultimately, however, by claiming the horse was vaccinated to another veterinary surgeon and not taking the necessary steps to confirm this, she failed to put the welfare of the animal first, potentially endangering it and any other horses it came into contact with, as well as potentially jeopardising the position of the veterinary surgeon she confirmed it to.
Having found Ms Gatehouse guilty of serious professional misconduct in relation to both parts of the charge the Committee then considered its sanction against her. In mitigation the Committee considered the fact that she had been in practice for 22 years without any untoward conduct, the testimony of three witnesses who attested to her being an honest and trustworthy practitioner, and the fact that Ms Gatehouse was in a troublesome relationship with the complainant until June 2014 which led her to be reluctant to contact him to correct her initial confirmation.
In summing up Stuart Drummond, Chair of the Committee, said: "The Committee has considers that it is material to have regard to the general emotional state to which the Respondent was reduced by the controlling and debilitating conduct of her then partner when they were living together and the consequential loss of self-esteem and ability to stand up to him and his demands. The deleterious effect of an abusive relationship lingers after such a relationship ends.
"Taking into account this knowledge, the Committee considers that the period of suspension that would, in other circumstances, be entirely merited, can properly be reduced in this instance to reflect the fact that this veterinary surgeon would not have acted as she did during this period but for the fact that her judgement was adversely affected by her experience at the hands of her then former partner.
"The decision is that, whilst it is necessary, in order sufficiently to protect animals and the wider public interest, to impose a period of suspension from practice, that period can be reduced to one of two months. In so concluding the Committee wishes to make it clear that this decision reflects the special features of this case."
Ms Gatehouse can choose to appeal the decision after a period of 28 days.
The RCVS played a proactive role in Mr Keniry’s arrest and trial after its Chief Investigator, Michael Hepper, was alerted to the fact that he was working at a veterinary practice in Taunton, Somerset.
Within 24 hours Mr Hepper reported this to Avon & Somerset Police and attended the practice with officers to assist in Mr Keniry’s identification and arrest. Mr Hepper continued to assist with police investigations and gave a witness statement.
Eleanor Ferguson, RCVS Registrar, said: "We are grateful to the veterinary professional who voiced her suspicions to us, to our Chief Investigator who reacted quickly to confirm his identity and report the matter to the police and to Avon & Somerset Police for taking matters forward so quickly.
"Mr Keniry was known to the RCVS as we have assisted in previous police investigations into him for similar offences. As with recent cases Mr Keniry impersonated a legitimate member of the veterinary profession using fraudulent documentation and this is why we have previously published photographs of him to raise awareness with veterinary practices and to try and stop him being employed in the future.
"We believe that Mr Keniry is a threat to animal health and welfare. He is a repeat offender and so we are glad that he has been handed a significant custodial sentence.
"While sophisticated and convincing fraudsters like Mr Keniry can be very difficult to prevent, we would urge veterinary practices to be vigilant. For example, we recommend that potential employers contact our Registration Department to make checks, always interview a potential employee face-to-face, ask to see supporting identity documents, prepare questions which confirm where and when they studied, obtain references and, if they are employed, mentor the new member of staff to oversee their performance.
"For members of the public we recommend that, if they have concerns about the legitimacy of their veterinary surgeon or veterinary nurses, they talk to someone else in the practice about their concerns or contact us so that we can make further enquiries. Members of the public can also check on the status of veterinary professionals using our Find a Vet search tool: www.findavet.org.uk.
"We would like to emphasise that cases such as that of Peter Keniry are, in our experience, extremely rare. There are around 23,000 veterinary surgeons registered to practise in the UK who are fully trained professionals dedicated to upholding and improving the health and welfare of animals under their care. We don’t believe that the unprecedented actions of this one fraudulent individual should in any way undermine the confidence and trust that animal owners place in their veterinary team."
Since 2014 the RCVS has trialled two different ADR services with the aim of helping resolve complaints between animal owners and veterinary practices that do not meet its threshold for serious professional misconduct.
Since October 2016, this has been in the form of the Veterinary Client Mediation Service (VCMS), administered by Nockolds Solicitors. The VCMS is free for both animal owners and veterinary professionals and cases will only be taken with the consent of both parties.
Eleanor Ferguson, RCVS Registrar, said: "We are very pleased that ADR in the form of mediation has received the unanimous support of RCVS Council members as part of the process for handling veterinary complaints.
"Throughout its trial period the VCMS has very much been complementary to our concerns investigation and disciplinary process. While we are bound by statute to investigate concerns, it has allowed our Professional Conduct Team to 'triage' cases, and to signpost complainants either to the College or the VCMS as appropriate. This has allowed greater time and resources to investigate concerns that could constitute serious professional misconduct.
"We also believe that the VCMS is good for both the public and the profession because it encourages both parties to communicate, find areas of agreement and come to constructive solutions, rather than being an adversarial process that assigns blame and adjudicates remedies."
Jennie Jones, a partner at Nockolds Solicitors which administers the VCMS, said: "The service is here to help veterinary clients and practices find a resolution for complaints that cannot be resolved within the practice. Complaints are referred to the VCMS by clients and practices where the relationship has become strained or communication may be difficult. Importantly the service does not look at who is right or wrong, but focuses on finding an outcome that both parties can live with and bringing an end to the complaint.
"In our experience this has ranged from reassuring clients and helping them to come to terms with what has happened, refunding fees, further explanations, apologies, small goodwill payments, securing procedural changes at the practice and agreement by the client to settle outstanding fees which have been withheld because of the complaint.
"We understand complaints are highly emotional and stressful for both parties, so the VCMS team will not ask parties to speak to one another directly. It is also not about assigning blame but is about moving forward to allow both parties to bring the complaint to a conclusion. When we hear from practices and clients alike that they can now sleep at night, or their relief that a complaint is resolved, I know ADR and the VCMS does help and make a difference."
The College says that during the trial period, 165 of the 870 enquiries received by the VCMS went to mediation. Of these, 129 were successfully mediated with the other 36 remaining unresolved. Of the other enquiries 297 resulted in the animal owner being referred back to the practice so that internal complaints processes could be exhausted first, 93 did not progress because the animal owner did not pursue the complaint, 73 were dealt with through advice, 66 did not progress as the practice declined to engage, 76 were outside the service’s remit and 100 are currently ongoing.
Taking into account the overall feedback received from both animal owners and veterinary professionals and the positive responses on the independence and fairness of the VCMS, Council agreed that Nockolds continue administering the scheme, with a review starting in 18 months’ time to take into account experience and learning as the scheme continues to evolve. During the Council meeting statements of support for the VCMS were also heard from a representative of the Veterinary Defence Society (VDS) and an independent consultant on consumer affairs.
A spokesperson for the VDS said: "The VDS assisted over 150 practices that agreed to participate in the ADR trial and developed a constructive working relationship with the VCMS staff. In the vast majority of cases mediation has resulted in a satisfactory outcome with little or no financial consequences.
"The Society considers this voluntary scheme particularly suited to the many client care complaints that are directed at the RCVS due to public misunderstanding of the College’s role, but the investigation of which creates disproportionate concern to the professionals involved. The independent nature of the VCMS has been a key feature of the trial, although access to experienced, non-judgemental, veterinary advice has provided the necessary professional expertise when necessary."
More information about the VCMS and its processes can be found on the service’s dedicated website: https://www.vetmediation.co.uk/
To contact the service directly call 0345 040 5834 or enquiries@vetmediation.co.uk
Under the RCVS Code of Professional Conduct veterinary surgeons are expected to demonstrate that they are keeping their skills and knowledge up-to-date by engaging in at least 105 hours of CPD over a rolling three-year period.
As part of the auditing process the 1,071 vets will be asked to share their CPD records for 2014 to 2016, either by allowing the College to access their online Professional Development Record or by sending the College a copy of their CPD record card.
The audit will focus on six groups:
The College says that if any of the veterinary surgeons who have been audited are found to be non-compliant they will be asked to explain why and send a plan stating how they will make up the hours in order to become compliant.
The deadline for sharing records is Tuesday 31 October 2017.
As part of the auditing process the College is reminding veterinary surgeons that CPD encompasses a wide range of recorded activities, which can be clinical or non-clinical, including private reading/study, webinars, mentoring, clinical audit and discussion groups as well as attending seminars and workshops.
Don't forget that reading content and participating in forum discussions on VetSurgeon.org can count towards your annual requirement, using the 'Claim CPD' feature at the top of each page.
Those with any questions about the auditing process or what constitutes CPD can contact Jenny Soreskog-Turp, RCVS Education Officer, on cpd@rcvs.org.uk.
ViVet (derived from the Latin word ‘vivet’ meaning ‘it will thrive’) will, says the College, provide a variety of resources and support to help the professions keep pace with change and remain at the forefront of animal healthcare provision.
Chris Tufnell, RCVS Senior Vice-President, helped develop the scope of the ViVet programme during his presidential year. He said: "This is an ambitious project for the College to embark upon but also very important for the future relevance and survival of the professions. Technology in the animal health sector is developing rapidly, such as the growth of telemedicine, wearable and implantable devices to gather health-related data from our animals, and low-cost genomic sequencing.
"These technologies could have a disruptive effect on the veterinary sector, so it’s important to encourage and support veterinary input at an early stage to enable the professions to shape their development and ensure that animal health and welfare is a foremost consideration.
"ViVet will help veterinary professionals to engage proactively with innovation in animal health, so that they can embrace and drive change and are not side-lined by it."
The Vivet website (www.vivet.org.uk), which was launched simultaneously at the College's inaugural Innovation Symposium in London today, contains a number of resources to showcase new technologies and innovative business models.
Anthony Roberts, Director of Leadership and Innovation at the College, said: "The aim of these resources is to help veterinary professionals harness the immense opportunities that innovation can bring to animal health and welfare by providing practical advice on areas such as launching new products and services and, in turn, encourage innovators to think about how the expertise and knowledge of the veterinary professions could input into new technologies.
"Furthermore, the programme will also help the College gain insights into the animal health market and how it is evolving. This will allow us to develop a regulatory framework that is relevant and adaptable to 21st century technology, while continuing to foster and support responsible innovation."
ViVet will also continue to organise events like today’s live-streamed symposium, which brought together thought-leaders from across the animal health, technology and business sectors, and provided a forum to discuss the opportunities and threats presented by innovation in the veterinary sphere, the impact it may have on the professions and how they are regulated.
Further details about the RCVS Innovation Symposium, including the full programme and speaker profiles, are available at www.rcvs.org.uk/innovation. Videos of speakers and a written report of the proceedings will be available from www.vivet.org.uk in due course.
The College says that although professional bodies advise their members to value their own wellbeing and seek help if unwell, there has been an absence of senior professionals who have felt able to say 'been there myself'.
By asking senior medical professionals to share their stories of overcoming struggles with mental health, &me aims to encourage other medical professionals to seek help, in part by showing that such experiences do not exclude people from achieving leading roles in healthcare.
With the addition of Dr Cathy Wield in August, there are now seven ambassadors for the &me campaign, and all of their stories can be read at www.vetmindmatters.org/&me:
Lizzie Lockett, Director of the Mind Matters Initiative, said: "Over the past eight months we have seen an incredible level of support for our &me ambassadors. Our Facebook post about Rob Pettitt, for example, reached nearly 25,000 people, many of whom posted stories about Rob helping them navigate veterinary school and better understand their own mental health issues. These kind of role models really do help reduce stigma, and we thank every one of our ambassadors for having the courage to share their own experiences with mental health."
Louise Freeman, Vice-Chair of the Doctors’ Support Network, said: "The &me campaign has really shown how the medical professions can work together when it comes to mental health. Medical professionals face many of the same challenges, and we needn’t face them alone – instead we can work as one to tackle stigma and speak openly about mental health issues. And it’s not just in the UK that health professionals can feel as if they are ‘not allowed’ to experience mental health problems. As a direct result of the &me campaign, health professionals from around the world including Australia and the U.S. have been in contact with DSN to confirm that they have similar issues within their local health culture."
The campaign is still interested in hearing from not only doctors and veterinary surgeons but also nurses, veterinary nurses, dentists, pharmacists and other healthcare professionals who want to open up about their experiences of mental ill health. To participate in the campaign, please email Dr Louise Freeman on vicechair@dsn.org.uk.
On social media tweets about the campaign are sent from @vetmindmatters and @DocSupportNet twitter accounts using the hashtag #AndMe.
The redesign includes an overhaul of the layout, structure and navigation of all the College’s websites: Professionals, Animal Owners, Find a Vet and RCVS Knowledge.
Some of the main changes are:
Ian Holloway, Head of Communications, said: "We’re delighted to be launching our new-look site today and hope all the improvements we’ve incorporated will make using the site a much better experience for veterinary professionals and animal owners alike.
"Working closely with our website provider, NetXtra, over the past nine months, we’ve been able to develop a new-look site with vastly improved design, structure and navigation, whilst avoiding the major expense of building a completely new website from scratch.
"We’re very grateful to them, and to all those vets, vet nurses and members of the public who have helped us with user-testing and content mapping to improve the site as much as possible for everyone who uses it."
Anyone with any comments or feedback about the new-look site is invited to send it to communications@rcvs.org.uk.
Dr Westwood, who now lives in Australia, had been referred to the Committee in relation to a number of charges against him relating to the treatment of a cat at his former practice in Cardiff in October 2015.
He was not present at the inquiry and had requested that his solicitor, Tony Wilson, act on his behalf.
Mr Wilson made an application to the Committee that the hearing should be adjourned contingent on a form of undertakings being accepted. These undertakings were that Dr Westwood’s name be removed from the Register with immediate effect and that he never apply to be restored to the Register under any category.
The application was granted by the Committee, taking into account a number of factors. These included the fact that Dr Westwood has retired as a veterinary surgeon, that he has closed his practice and returned to his home in Australia with no intention of returning to the UK, and that animal welfare and the reputation of the profession have been protected as Dr Westwood will no longer be in practice.
The Committee noted that there were several precedents for concluding cases in such a manner, and that the application was not objected to by the complainant or opposed by the College.
Dr Westwood’s name was removed from the Register of Veterinary Surgeons with immediate effect as of Monday 14 August 2017.
The first part of the charge was that, between 3 November 2014 and 10 December 2016 he did not provide CPD records to the RCVS requested in four separate letters dated November 2014, September 2015, November 2015 and November 2016. The second part of the charge was that, between 11 December 2016 and 26 July 2017, he did not provide the RCVS with his CPD records despite requests.
Dr Zukauskas admitted to the charge against him at the outset of the hearing.
The Committee considered whether Mr Zukauskas’ failure to respond to requests for his CPD records constituted serious professional misconduct.
The Committee found that he had breached the RCVS Code of Professional Conduct for Veterinary Surgeons by not responding to the repeated requests for information from the College, although the Committee noted that there had not been total silence. Mr Zukauskas had made email contact on at least two occasions in response to RCVS letters and gave evidence that he had attempted to phone the authors of the letters. The Committee also noted that in early February 2017 Mr Zukauskas had made repeated attempts to give the RCVS access to his online CPD account, which he had been updating to reflect CPD work that he had undertaken.
Mr Zukauskas’ explanation for his failure was that he had not fully appreciated the importance of the letters, that his English was poor, and that he failed to obtain appropriate advice about the content of the letters until recently. It was only in a witness statement dated 27 July 2017 that he finally disclosed his full CPD records.
The Committee noted Mr Zukauskas' admission in his evidence that his English was not good, particularly in light of the obligation, brought into the Code in February 2016, for veterinary surgeons to be able to communicate effectively in written and spoken English.
Chitra Karve, chairing the Committee and speaking on its behalf, said: "From that date, if not earlier, the respondent should have been concerned to understand English sufficiently well to address the correspondence from the College. Whilst the Committee did not consider that his conduct in this respect amounted to disrespect, it did consider that he had shown a disregard of his obligations.
"At all times he could and should have made appropriate efforts to respond to the correspondence from the College and obtain appropriate advice. In effect he put off dealing with these matters and put his head in the sand."
Regarding his failure to respond to requests between December 2016 and July 2017, Ms Karve added: "This caused the College a considerable amount of concern and extra work. Had he done so much earlier, much of this matter would have been avoided. The respondent was once again in breach of his obligations."
Having found Mr Zukauskas guilty of serious professional misconduct in relation to both parts of the charge the Committee then considered its sanction against Mr Zukauskas, taking into account the fact that the Veterinary Nurse Disciplinary Committee had recently suspended a veterinary nurse from the Register for a period of two months having found her guilty of similar charges.
In mitigation the Committee considered a number of testimonials from colleagues and clients, his hitherto long and unblemished career in the United Kingdom, and his open and frank admissions and subsequent efforts to avoid repetition of his behaviour. Language problems were also considered as an explanation for why the situation had occurred. However, it also considered the aggravating factor that the misconduct was sustained over a period of time and that there was unacceptable disregard for the obligations he had to the College as a veterinary surgeon.
In summing up Ms Karve said: "The Committee has determined to impose a reprimand. In doing so it acknowledged that the respondent has shown considerable insight into his behaviour. He had acknowledged that he has needed help in communicating with the College. It noted that he is a good and proficient veterinary surgeon in the work which he undertakes. He expressed remorse for his behaviour. He has carried out sufficient CPD and since December 2016 has been communicating with the College. The Committee considers it unlikely that he will transgress again.
"The Committee has decided that it is appropriate in this case to add a warning to the decision to impose a reprimand. It is mindful of the fact that other veterinary surgeons registered with the College have a duty to discharge their CPD obligations and they honour those obligations. Moreover, the conduct of the respondent has involved a considerable amount of work and expense for the College."
The warning was that in future Mr Zukauskas must respond in a timely and appropriate manner to any communications from the RCVS.
The RCVS Inspiration Award is for a veterinary surgeon or veterinary nurse who has demonstrated the ability to inspire and enthuse others consistently throughout his or her career.
The award is open to those who have inspired and motivated individuals or groups or who have worked at a profession-wide level. It will recognise those who have gone 'above and beyond' what may normally be expected from a professional colleague or tutor.
The RCVS Impact Award is for a veterinary surgeon or veterinary nurse who has made a considerable impact that has affected the profession, animal health or welfare, or public health. Such impact could have been made through any field of veterinary endeavour, including clinical practice, research, education or veterinary politics.
Chris Tufnell, Senior Vice-President of the RCVS, said: "I am very excited to be introducing these two new awards for those veterinary surgeons and nurses who go above-and-beyond the call of duty for the benefit of their profession, animals and society as a whole.
"I am keen to emphasise that these two new awards are relevant for veterinary professionals from all walks of life and any stage of their career – these are not life-time achievement awards but are for those making a tangible difference whether that’s in their practice, their region or across the country as a whole.
"If you know someone like this then I would strongly encourage you to find out more on our website and fill out a nomination form."
These two awards join four others made by the College:
Nominations for all six honours are now open. Nomination forms and guidance notes can be downloaded from www.rcvs.org.uk/honours and any questions can be directed to Peris Dean, Executive Secretary, on p.dean@rcvs.org.uk.
The deadline for making nominations is Friday 22 September 2017.
Mr Cortes had pleaded guilty to the offences in January 2017 at Cardiff Crown Court. In February 2017, he was sentenced to six months imprisonment suspended for two years with a requirement to complete unpaid work and rehabilitation activity and a victim surcharge. Following Mr Cortes’ conviction the matters were referred to the RCVS and Mr Cortes was subsequently referred to the Disciplinary Committee.
Mr Cortes did not attend at the Disciplinary Committee hearing and was not represented. The Disciplinary Committee, being satisfied that Mr Cortes had been served with the Notice of Inquiry and having considered and taken into account a number of separate factors, decided that it would be in the interests of justice to proceed with the hearing in his absence.
The Committee considered whether Mr Cortes’ convictions rendered him unfit to practise as a veterinary surgeon. Chitra Karve, chairing the Committee and speaking on its behalf, said: "The Committee has reached the conclusion that the respondent’s possession of this material which has led to his convictions was so reprehensible as to merit the description disgraceful. It considers that by possessing this material, the respondent has brought disgrace on the profession and will have undermined confidence in it. It therefore finds that the convictions have rendered the respondent unfit to practise veterinary surgery."
In considering the sanction the Committee decided that removing Mr Cortes from the Register of Veterinary Surgeons was the only available option. Ms Karve added: "The Committee has determined that the respondent’s behaviour is fundamentally incompatible with being a member of the veterinary profession. It therefore directs the Registrar to remove the respondent’s name… from the Register of Veterinary Surgeons."
The panel, chaired by veterinary ethicist Professor David Morton CBE, was established last year on a trial basis as a means of offering an ethical review process for practice-based research projects that may not have the same access to resources as clinical studies in academia or industry.
Since its establishment at the end of July last year it has received 23 applications, mostly concerning small animal clinical studies. However, due to demand from the profession, it will shortly be considering applications for equine or farm animal-based research and will be recruiting new panel members to cover these areas.
Eleanor Ferguson, RCVS Registrar, said: "Although the number of cases considered so far have been relatively small, the service has been very well received as a means of providing ethical review to those who might not otherwise be able to do so and so, therefore, might struggle to get papers published.
"Considering the importance of practice-based research we expect there to be an increase in the number of applications as word gets out about the service and so are happy to extend the trial for another year and for it to consider a wider range of applications."
Further details about the Panel, as well as guidelines for making applications and the application forms, can be found at www.rcvs.org.uk/ethics
For an initial discussion about submitting an application to the Ethics Review Panel, contact Beth Jinks, Standards and Advisory Officer, on 020 7202 0764 or ethics@rcvs.org.uk
Amir Kashiv faced a charge of being unfit to practise veterinary surgery after twice being found guilty of letting dogs roam freely on public highways or land not owned or controlled by him in Peterborough Magistrates’ Court, once on 20 April 2016 and once on 16 November 2016, and by having repeatedly breached court orders in relation to the same.
Dr Kashiv admitted the convictions, but denied that individually or in any combination they rendered him unit to practise veterinary surgery. This was therefore left to the judgement of the Committee.
In considering whether the convictions rendered Dr Kashiv unfit for practice, the Committee first considered the facts of the convictions.
Dr Kashiv had long taken in house dogs with physical and behavioural problems, at some stages having as many as 30 on his property. In 2014 neighbours became concerned by dogs escaping and noise nuisances, and on 14 November 2014 Dr Kashiv was served by the Police with a Warning Notice, requiring him to install adequate fencing within 28 days.
Four days later he was then served with an Abatement Notice for a Noise Nuisance about the dogs, and on 10 January 2015 he was then served with a Community Protection Notice requiring him to stop his dogs roaming and ensure adequate fencing.
After multiple subsequent escapes Dr Kashiv pleaded guilty of being in breach of the Community Protection Order at the Magistrates’ Court on 20 April 2016, receiving penalties amounting to £5,000 and costs of £6,000, as well as a two year Criminal Behaviour Order requiring him to reduce the number of dogs to no more than five with 28 days, and requiring his dogs to be supervised at all times while they were outside the house.
Two months later one of the dogs was seen outside the property, resulting in another conviction for breach of the Criminal Behaviour Order on 16 November 2016, and Dr Kashiv was fined £250 as well as £250 in costs.
The Committee then considered whether this resulted in Dr Kashiv being unfit to practise veterinary surgery. It considered it a serious matter that a veterinary surgeon should allow himself to be made subject to a Warning Notice, and that, being subject to such a Notice, he should then be found in repeated breach of the Notice and invite prosecution. While the Committee accepts that it is difficult to fence his entire grounds, ten acres in total, the Committee took it as a mark against Dr Kashiv that he failed to address the concerns of the authorities by reducing the number of dogs he housed until he was compelled to do so.
Jane Downes, who was chairing the Committee and speaking on its behalf, said: "The Committee regards this as a case close to borderline. These offences, involving the mismanagement by a veterinary surgeon of his animals and repeated offences demonstrate that Dr Kashiv had a less than adequate insight in 2014 and 2015 into the seriousness of the situation or into the understandable concerns of his neighbours and of the authorities. They are capable of bringing the profession into disrepute so as to undermine public confidence in it.
"But, in the end, The Committee has concluded that Dr Kashiv is not unfit by reason of these convictions to practise as a veterinary surgeon.
"It is apparent from the material before the Committee that Dr Kashiv is a dedicated veterinary surgeon whose life’s work has been devoted to the welfare of small animals and who has gone to extraordinary lengths, at his own expense, to do all that he possibly could to alleviate the suffering of, and rehabilitate, unloved and abandoned and unwell dogs.
"In all the circumstances and in the light of all the evidence the Committee finds that the convictions, whether taken individually or in any combination, do not render Dr Kashiv unfit to practice veterinary surgery."
Dr Crespo appeared in front of the Disciplinary Committee earlier this week with two charges against her. The first was that, in November 2015, she dishonestly and falsely made an online representation to the College that she had no criminal convictions, cautions or adverse findings despite having been convicted, in January 2015, of failing to provide a specimen of breath. The second charge against her was that, in March 2016, she once again dishonestly and falsely failed to declare her conviction when renewing her registration.
During the hearing the Committee had two main considerations in respect of both charges – as to whether Dr Marin Crespo had been dishonest in failing to declare the conviction and as to whether the respondent ought to have known that her representations were false. Regarding the dishonesty element, the Committee found the College had not sufficiently proven this, as it accepted Dr Marin Crespo’s evidence that she did not believe she needed to declare a motoring-related offence as it was not relevant to her professional practice.
However, the Committee found it proven that the respondent ought to have known that the representations were false, taking into account that Dr Marin Crespo made admissions that she ought to have checked the guidance on declaring convictions, cautions and/or adverse findings and ought to have been aware that making such declarations is a requirement of the RCVS Code of Professional Conduct.
Having found the parts of the two charges relating to false representation proven, the Committee then considered whether this constituted serious professional misconduct.
Judith Webb, chairing the Committee and speaking on its behalf, said:"The Committee considers that the false declarations made by the respondent were born of a careless disregard for the disclosure process. The Committee notes that the respondent could easily have checked online, and/or by telephone, as to what she was obliged to do when making the relevant declarations. She failed to do that.
"In these circumstances, the Committee considers that the respondent’s conduct fell far short of that which is to be expected of the veterinary profession. Therefore, in the judgement of the Committee, on the facts found proved, the respondent is guilty of disgraceful conduct in a professional respect."
In considering Dr Marin Crespo’s sanction the Committee took into account a number of mitigating factors including her full cooperation with the College’s investigation, her hitherto unblemished career, her testimonial evidence which it felt demonstrated her dedication and professionalism, and the fact that she has displayed remorse and insight into her conduct.
Judith Webb concluded: "The Committee notes that the respondent’s conduct caused no harm, or risk of harm, to animals or humans. The Committee also notes that there is no charge arising out of the criminal conviction itself. The Committee considers that, if the respondent had answered the online questions correctly, it is unlikely that the respondent would have appeared before the Committee.
"Every veterinary surgeon must ensure that they adopt a careful and accurate approach to the self-certification exercise, which is crucial if the public and the College are to have trust in that process. In these circumstances, the Committee considered that the proportionate sanction in this case is that the respondent be… reprimanded for her conduct."
By becoming a Stonewall Diversity Champion, the RCVS joins over 750 other organisations who are striving to create workplaces that are equal, inclusive and accepting.
Lizzie Lockett, RCVS Deputy CEO and Director of the Mind Matters Initiative, said: "We are delighted to be working with Stonewall and will benefit greatly from its expertise and energy. These may not be easy issues to tackle but we hope that this tie-up with Stonewall will, in itself, send a positive message of our intent to take the issues seriously and make the RCVS, and the veterinary profession at large, as inclusive as possible.
"There are three aspects to the work we plan: first, to ensure the RCVS is a welcoming and accepting employer by integrating inclusion and diversity into all aspects of our organisation; second, to review our policies and procedures around areas such as registration, to make sure that they take account of the diversity within the veterinary profession; and, finally, through our Mind Matters Initiative, we aim to work with our partners to develop inclusive workplaces throughout the veterinary profession. The ability to be oneself in the workplace has a big impact on mental health and wellbeing so it’s a core issue for Mind Matters."
The College says that the move to link up with Stonewall came about as a result of discussions with Mat Hennessey, President of the British Veterinary Lesbian, Gay, Bisexual and Transgender group, who said: "We are extremely excited about the collaboration between the RCVS and Stonewall, and feel this positive move to culture equality and inclusivity will benefit the profession as a whole. Stonewall is the largest LGBT+ charity in the UK and Europe and thus has a wealth of knowledge and resources relating to LGBT+ issues. We look forward to continuing to work with both parties during this important venture."
Abby Crawford, Public Sector Client Manager at Stonewall, said: "We know that LGBT staff can face specific barriers in the workplace and it’s great that the RCVS has taken a strong commitment to LGBT equality in this way. We look forward to working with them to create more inclusive environments for their staff and service users – working towards a world where all lesbian, gay, bi and trans people are accepted without exception."
Peter Keniry has convictions dating back to 1986 in his native South Africa for fraud and impersonating a veterinary surgeon. The College says that in the UK, he has been known to steal the identities of legitimately registered members in order to support fraudulent applications for employment or practise fraudulently.
The College says that in the past, Mr Keniry has been able to gain employment in large and small animal practice and greyhound racing. He is known to have ties in Norfolk, Swindon, Somerset and possibly Cornwall.
Michael Hepper, Chief Investigator at the RCVS, has worked with several police forces in order to bring Mr Keniry to justice. He said: "Peter Keniry’s modus operandi is to steal the identity of properly registered members to obtain work as a veterinary surgeon. As he impersonates members of the College whose names are legitimately on the Register, this can make it extremely difficult, even for practices that do check prospective employees’ credentials, to identify him.
"He is well known to the College and to the police having been convicted in 1998, 2001, 2005 and 2011 and has served custodial sentences for practising as a veterinary surgeon and fraud.
"Peter Keniry is a repeat offender and we suspect that he will continue to re-offend. We hope that by publishing his photograph it will help practices recognise him and contact the RCVS Professional Conduct Department should he apply for employment as a veterinary surgeon."
The RCVS Professional Conduct Department can be contacted on profcon@rcvs.org.uk or 020 7202 0789.
Stephen has been an elected member of RCVS Council since 2012, having previously been an appointed member of Council representing the Royal Veterinary College between 2001 and 2009.
In 2016 he was re-elected to Council to serve a further four-year term and currently chairs the Legislation Working Party.
Stephen graduated from Cambridge in 1980 and subsequently spent time as a large animal practitioner. After undertaking further training in equine surgery and diagnostic imaging at the University of Liverpool, he studied for a PhD at the Royal Veterinary College (RVC) before returning to Liverpool as a Lecturer in Equine Orthopaedics.
He went back to the RVC in 1993 to concentrate on equine clinical services and, in 1997, became Head of the Farm Animal and Equine Clinical Department. He was appointed the RVC’s Vice-Principal for Teaching from 2000 to 2013, Deputy Principal from 2013 to 2017 and currently holds the post of Senior Vice-Principal.
Addressing the need for a learning culture in his speech Stephen said: "Veterinary graduates have never had greater knowledge and technical skills than those graduating this year. But this can make their job so much harder when the certainty of scientific knowledge is confronted with the uncertainties of the sick animal, and the increasing number of possibilities for treatment have to be weighted alongside ethical and economic considerations.
"Of his age, but also prophetic of our age, the philosopher Bertrand Russell commented that 'habits of thought cannot change as quickly as techniques with the result that as skill increases, wisdom fails'.
"So it is important that our young professionals are well-prepared in terms of professional, non-technical skills to cope with the sheer variety of challenges that they encounter, and we, as a profession, within our professional model, provide a nurturing learning culture rather than the blame and cover-up culture that the current emphasis on external regulation fosters, so pervasively and distressingly."
Stephen added that his other priorities would be working with the British Veterinary Association and other stakeholders to uphold the College’s first Brexit principle that 'vital veterinary work continues to get done', a project on graduate outcomes, which flows from the Vet Futures project, and the Legislation Working Party.
Kit was appointed by RCVS Council at its June meeting, making him responsible for maintaining an overview of the College’s financial affairs, ensuring the College’s financial viability, and making sure proper records and procedures are maintained.
Kit replaces Dr Amanda Boag who was elected Junior Vice-President by RCVS Council at its March meeting. He has been an RCVS Council Member since 2013 and currently sits on the Standards Committee, as well as lecturing, writing and other projects such as teaching at the local primary school. He also works three days a week seeing clinical cases in both referral and primary care practices.
Kit said: "I am very honoured to have been appointed Treasurer, and look forward to continuing Amanda’s careful stewardship of the College finances with the support of other Council members and the team at Belgravia House.
"Due to uncertainties surrounding the impact of Brexit and increasing inflation, RCVS Council decided at its June meeting to increase the annual renewal fees for veterinary surgeons. I am confident that this will keep the College finances in a healthy state, and I look forward to building on Amanda’s legacy ensuring that the College remains steady over the course of my tenure."
At RCVS Day Amanda will also be made Junior Vice-President, and Dr Stephen May will take up the position of RCVS President for 2017-2018.
The briefing highlighted to members of both Houses the vital role the veterinary profession plays in order to ensure that the veterinary resource in clinical practice, public health, government services, academia and research is appropriately considered and effectively used during Brexit negotiations.
Lord Gardiner of Kimble, Parliamentary Under Secretary of State for the Department of Environment, Food and Rural Affairs (Defra), environment spokespeople for the Scottish National Party (SNP) and Plaid Cymru, and other parliamentarians from the Conservatives, Labour, Liberal Democrats, Plaid Cymru and the SNP, joined Crossbenchers, senior civil servants and key stakeholders at the event.
BVA President Gudrun Ravetz delivered a speech highlighting the main asks from the association's Brexit and the veterinary profession report, which was developed through consultation with BVA members, devolved branches, BVA specialist divisions and other key stakeholders.
The report sets out 52 recommendations for the short, medium and long term across seven areas of public policy: veterinary workforce, animal health, animal welfare, food hygiene and safety, veterinary medicines, research and development, and trade.
Addressing attendees, Gudrun said: "We are a relatively small profession, but we are a diverse profession with far-reaching influence and impact in so many areas of political and public life.
"Last week, we were delighted to hear the Defra Secretary of State, speaking to the Today programme, rightly acknowledged the importance of EU vets to the UK economy; from food hygiene and safety, to monitoring disease outbreaks and facilitating trade. This is why BVA is calling on the Government to guarantee the working rights for non-UK EU vets and vet nurses currently working and studying in the UK at the existing level and with no time limit.
"As we progress with the Repeal Bill we are also calling on the Government to ensure we maintain animal health and welfare current standards – and prioritise them in all trade negotiations, so that high standards of animal health, welfare and food hygiene are a unique selling point for the UK. We can only make a success of Brexit if we harness our veterinary resource."
In his speech, RCVS Junior Vice-President Professor Stephen May highlighted the three RCVS Brexit Principles as well as the findings from the College’s recent survey of non-UK EU vets working in the UK. Professor May also made a call for greater certainty from the Government on the status of EU citizens living and working as veterinary surgeons in the UK and for a substantial transition period to prevent potential veterinary workforce shortages, particularly in areas such as public health and food safety.
Professor May said: "Negotiations with our European partners will no doubt be lengthy and complex on all manner of issues that affect the veterinary sector. For everyone concerned, we join other voices in calling for a substantial transition period to any new order created. This will provide us with time to take stock, to understand the implications and to navigate a pathway that safeguards the interests of our sector and the RCVS is determined to work with all its stakeholders, in particular Government and yourselves [parliamentarians], to ensure that vital veterinary work gets done.
"Key to this will be meeting the need for high-quality, capable veterinary surgeons in all sectors. This can only be achieved in the short-term by emphasising the continued welcome and appreciation of all veterinary non-UK nationals working hard for this country, to encourage them to stay, and continued access to graduates of accredited schools from around the world, alongside increased training of UK nationals to meet our ever expanding veterinary needs."
The event was hosted by BVA Honorary Member and RCVS Past-President, Lord Trees MRCVS, who has sat on a number of House of Lords committees and subcommittees that consider and seek to influence the Government’s plans and policy-making during the UK’s exit from the EU.
Lord Trees closed the BVA and RCVS Brexit briefing by encouraging fellow Peers and MPs to capitalise on the evidence-based, science-led perspective that the veterinary profession is able to provide, particularly as Brexit discussions continue to develop.
Lord Gardiner has since publicly recognised the vital role of the veterinary profession, responding to a question in the House of Lords regarding the retention of skilled workers post-Brexit. In his role as Defra Parliamentary Under Secretary of State, Lord Gardiner said:
"I am most grateful to the noble Lord [Teverson] because I was at the BVA and RCVS reception yesterday, where I know a number of noble Lords were also in attendance. This is an important issue and an element of the negotiations that we want to deal with as promptly as possible. Yes, we do rely on and warmly welcome the support we have from EU national vets, who are hugely important to us."
The Vet Futures Action Plan included a series of 24 work-streams to be completed over five years (2016-2020), building on the six core themes of: animal health and welfare; veterinary professionals’ wider roles in society; the health and wellbeing of veterinary professionals; diverse and rewarding veterinary careers; sustainable businesses and user-focused services; and leadership.
Vet Futures reports that over the last twelve months, key activities have included:
VN Futures
The VN Futures project (Action X of Vet Futures) isolated six ambitions to achieve by 2020, with the shorter time-scale reflecting the faster rate of both turnover and training for veterinary nurses.
A number of development groups have been created, focusing on each of these ambitions and creating specific actions to ensure their completion. Of these:
RCVS President, Chris Tufnell said: "When we launched Vet Futures back in 2014, the scope of the project seemed daunting and some were sceptical of our ability to succeed. However, through a robust process of evidence-gathering, analysis, action planning and now taking action itself, we are starting to make an impact on some of those core areas that are so fundamental to the future of our profession, such as animal welfare, technology, veterinary skills and knowledge, and leadership.
"Our Action Plan set out a five-year timeframe and we have made some really excellent progress in year one. This will form the foundation of work yet to come – although it remains important to ensure we scan the horizon for new issues that will have an impact on the profession, navigating our way through challenges as they arise."
BVA President Gudrun Ravetz added: "The excitement was palpable at the Vet Futures Summit last year and it spurred us on to roll up our sleeves immediately to start working on the Action Plan, and so a lot has been achieved already.
"Many of the actions are interlinked and so BVA, RCVS and the VSC are working closely together to oversee their delivery, but we have been particularly pleased at the high level of engagement and enthusiasm from others. The success of Vet Futures will be in the profession coming together to bring about the changes we need for a sustainable future.”
The questionnaire asks you about your perceptions of the PDP, with a focus on the guidance made available both by the RCVS and where applicable the resources provided by the BSAVA.
The company stresses that the survey is confidential, and results will be reported in aggregate only; no individual will be identified. It takes 5 minutes and the results will be used to help evaluate and improve the PDP in the future.
Graduates who are currently or have recently completed the PDP are invited to share their views on the PDP: http://app.keysurvey.co.uk/f/1141621/9038/
Employers / mentors of veterinary graduates are invited to share their views on the PDP here: http://app.keysurvey.co.uk/f/1141665/288d/
Ms Buttler was charged with having been under the influence of alcohol whilst at work on two separate occasions. On both occasions, she was working as a locum veterinary nurse.
The first occasion was between 25th and 28th April 2016 in Frome, and the second from 3rd July to 4th July 2016 in Salisbury.
It was also alleged that a prior conviction of drunk driving on 19th November 2013 rendered her unfit to practise as a veterinary nurse.
The Committee decided to hear the case in Ms Buttler’s absence as it was satisfied that she had properly been served with the notice of hearing and because she had stated that she was aware of the proceedings but did not wish to engage with the process. The Committee also noted that she had not requested any adjournment.
The Committee heard from five witnesses for the first charge, including three veterinary nurses and one veterinary surgeon. They gave testimony that they had had cause to suspect that Ms Buttler was under the influence of alcohol whilst at work due to her demeanour, and recalled Ms Buttler repeatedly retreating upstairs to her accommodation during the working day. Further, an open wine bottle was found in Ms Buttler’s accommodation and was observed to have been drunk during the course of her shift. The Committee found the first charge proved.
The Committee heard from four witnesses in respect of the second charge. Two of the witnesses stated that they smelt alcohol on Ms Buttler’s breath while she was on duty, with one of them stating that Ms Buttler had slurred speech and a flushed face at the end of a fourteen-hour shift. The other two witnesses also presented evidence to support the assertion that Ms Buttler was under the influence of alcohol whilst at work, while the Committee found that Ms Buttler lacked credibility because she had denied having any alcohol on the premises when originally confronted, but later admitted in an email to the College that she had had an open bottle of wine in her bag. The Committee found the second charge proved.
The Committee then considered the third charge, namely the conviction in 2013. The Committee considered the certificate of conviction obtained from the North East Devon Magistrates Court and was satisfied that Ms Buttler had been convicted of driving with excess alcohol as set out within charge 3.
When considering whether these all amounted to a finding of disgraceful conduct in a professional respect, the Committee was concerned about Ms Buttler showing no insight into her drinking, and the repeated nature of the offences. The Committee also considered that being under the influence of alcohol when working as a veterinary nurse was conduct which fell far short of the standards to be expected of members of the veterinary nursing profession.
It therefore concluded that Ms Buttler was guilty of disgraceful conduct in respect of charges 1 and 2.
The Committee then considered whether Ms Buttler’s conviction (charge 3) rendered her unfit to practise as a veterinary nurse. The Committee concluded that Ms Buttler had not acknowledged the seriousness of her actions in 2013, or learnt any lessons from it. Accordingly, it felt that she continued to pose a risk to animals and the public in the future. The Committee also felt that the conviction undermined the reputation of the veterinary nursing profession because the offence inevitably involved a risk of injury to herself and other road users.
Having found Ms Buttler guilty of misconduct, the Committee went on to consider sanction.
The Committee took into account aggravating factors, including that there was a risk of injury to an animal, the fact that the first two charges involved an element of premeditation, the fact that Ms Buttler was under the influence on more than one shift in each practice, that there is no evidence of insight from Ms Buttler and there is a future risk to animals if she continued to practice unrestricted.
They also considered mitigating factors, including the fact that this is the first disciplinary hearing she has faced, that she did not cause any harm to any animal and that she did not gain financially from her conduct.
In reaching its decision Jane Downes, chairing the Committee and speaking on its behalf, said: "The Committee noted that Ms Buttler said she had worked for twenty years without any problem and that she was previously of good character. However because there was no evidence that Ms Buttler would not repeat the conduct with regards to working whilst under the influence of alcohol she could continue to pose a risk to animals or the public in the future. The Committee therefore was bound to consider her removal from the register.
"Although it noted from the brief email correspondence Ms Buttler had sent to the College that she said she did not intend to practice in the future, the Committee decided that until she had shown insight into her behaviour in 2016, she remained a risk to animals. It therefore decided that the proportionate action was to instruct the Registrar to remove her name from the register of veterinary nurses forthwith."
If Ms Buttler chose to re-engage with the College, she could apply for restoration to the register after ten months.
The case against Jose Ignacio Messa MRCVS related to two heads of charge against him.
The first charge was that, on 13th September 2015, Mr Messa failed to provide adequate and appropriate care to Barney, a border collie. The second charge was that on 14th September 2015 Mr Messa failed to ensure adequate and appropriate on-going care for Barney after his examination of him, including failing to take sufficient steps to ensure that Barney was referred urgently to the care of a referral practice and failing to ensure there were adequate arrangements in place for his ongoing care.
Barney was presented to the Basingstoke practice where Mr Messa was employed having suffered a severe 'stick injury' to his jaw on 12th September.
The Committee heard that, on 13th September, Mr Messa re-examined Barney, administered medication and then discharged him to be cared for at home by his owners. During the examination the owners alerted Mr Messa to the condition of the skin on Barney’s neck, but the Committee heard Mr Messa had felt the area and reassured them it was not something to be concerned about.
The Committee heard that at some point on 13th September, after he was discharged, Barney developed a foetid smell from his mouth caused by an infection and the next day his owners went back to the practice because Barney’s condition had deteriorated – he was unable to walk and had laboured breathing.
On 14th September Mr Messa admitted and sedated Barney and examined him again, noting a hole in the side of his throat that was infected. He recommended referring Barney to a referral practice for further treatment, which was agreed by his owners.
The Committee heard that the referral practice was contacted by a veterinary nurse at the practice and that an appointment for 9am on 15th September 2015 was booked directly with the owner. It also heard that, during his time at Mr Messa’s practice, Barney did not receive intravenous fluids or any further antibiotics.
Barney’s owners said they met with Mr Messa again at around 5pm on 14th September when they came to collect Barney, this was disputed by Mr Messa, and the Committee were not satisfied so as to be sure that it had been Mr Messa who had met the owners and discharged Barney although the Committee found that all the witnesses had been honest and reliable.
Barney was admitted to the referral practice on 15th September but, as a result of sepsis, he suffered a cardiac arrest and died at 10.30pm.
In respect of the first charge the Committee concluded that, on 13th September, Mr Messa made only a rudimentary examination of Barney, and the absence of such basic clinical examination of the temperature, the respiration rate and the pulse of Barney was a failure on the part of Mr Messa and that, furthermore, he did not choose the best course of antibiotic treatment for the wound and infection.
In respect of the second charge Mr Messa admitted that he did not provide fluid therapy to Barney on 14th September before he was discharged.
With reference to the remaining aspects of the charge the Committee took into account the Code of Professional Conduct, particularly in respect of the need for veterinary surgeons to refer cases responsibly and the Code’s supporting guidance on referrals.
The Committee determined that, having delegated the arrangements of the referral to a veterinary nurse, Mr Messa made no attempts to follow up and ensure it was a same-day appointment when this would have better suited the severity of Barney’s condition. The Committee found that he was unaware of Barney’s location or of the time of the appointment and did not make provision for antibiotic or fluid therapy.
Having found the majority of the charges against Mr Messa proven, the Committee then considered whether this amounted to serious professional misconduct.
Disciplinary Committee member Stuart Drummond, who was chairing the Committee and speaking on its behalf, said: "In the light of the facts found proved and considering that disgraceful conduct in a professional respect is that which is conduct falling far below that expected of a veterinary surgeon, the Committee had concluded that the heads of charge, when taken individually, or collectively, do fall below the standard expected.
"However, as a matter of judgement, the Committee did not conclude that Mr Messa’s conduct fell far below the requisite standard and therefore did not amount of disgraceful conduct in a professional respect.
"Whilst the Committee did not find Mr Messa’s actions fell far below the requisite standard, there were concerns expressed about several aspects of this case. There were a number of missed opportunities which occurred; in particular the Committee notes the failure of the care plan and to take adequate steps to ensure that the referral process has been timeously effected."