The Legislative Reform Order (LRO) to reconstitute the RCVS disciplinary committees separately from its Council has come into force and has amended the Veterinary Surgeons Act 1966 (VSA).
The LRO brings the RCVS in line with regulatory best practice and, says the College, improves the independence of its disciplinary processes, marking a major step towards the College becoming a 'First Rate Regulator'.
The amendment made by the LRO requires that the RCVS Preliminary Investigation and Disciplinary Committees are made up of veterinary surgeons and lay members who are not RCVS Council members, and who are appointed independently. This ensures that the same group of people is not responsible for setting the rules, investigating complaints and adjudication.
The LRO also brings lay people formally into the Preliminary Investigation Committee and will allow the RCVS to increase the pool of people available to investigate complaints and sit on disciplinary hearings.
The first external members will join the Disciplinary and Preliminary Investigation Committees from July 2013. After a two-year transition period, members of the RCVS Council will become ineligible for membership of these committees.
RCVS Registrar, Gordon Hockey, said: "The LRO has been the culmination of many years hard work by the RCVS and Defra, with the support of the British Veterinary Association. At first glance the change that the LRO makes to the Act may appear minor, but the reform fundamentally improves the way the veterinary profession is regulated, and will help to ensure public confidence in the RCVS disciplinary processes."
At the beginning of the hearing legal applications were made to rule that the whole proceedings should be stopped as an abuse of process on various grounds including the delay that had occurred in the matters being referred to the RCVS, and that there had been flaws in the original investigatory process.
There was also application that the evidence of one of the College’s witnesses should be excluded on the grounds that the witness had been convicted of bribery.
The Committee decided that the proceedings should continue but ruled that the statement and evidence of one witness should be excluded from the hearing based upon their conviction.
Mr Gracey faced five charges, all of which he was found guilty of. They were:
Three other charges were found not proven and one allegation was withdrawn by the RCVS.
The Committee then considered if the proven charges amounted to serious professional misconduct.
In doing so it made reference to the Code of Professional Conduct and its supporting guidance, particularly in relation to the 10 Principles of Certification.
Dr Hazel Bentall MRCVS, chairing the Committee and speaking on its behalf, said: “The Committee considered individually and cumulatively all matters it had found proved.
"It concluded that the public relies on veterinary surgeons to be honest and transparent when completing and signing forms.
"There is a public interest in being able to trust the profession to uphold high standards of probity because veterinary surgeons are trusted to play an important role in the promotion of animal health and welfare and associated human health.
"The Committee therefore concluded that cumulatively Charges 1, 2, 3 and 4 amounted to serious professional misconduct because the respondent had failed to meet the necessary high standards of honesty and transparency.
"In particular the fact that there were four separate events relating to animal welfare and public health was significant when considering what sanction to impose.”
“The Committee is satisfied that such conduct, when taken together, would be considered deplorable by other members of the profession.
"The respondent’s conduct on four occasions in respect of four animals and three conflicts of interest called into question his competence in relation to completing such forms.”
In considering the appropriate sanction for Mr Gracey, the Committee took into account both mitigating and aggravating circumstances, as well as a number of character witnesses for the respondent who highlighted his positive personal and professional qualities.
In mitigation, the Committee considered that Mr Gracey has hitherto been of good character with no previous disciplinary findings, that he had admitted some parts of the charges against him at the outset of the hearing, that he had made efforts to avoid repeating the misconduct and remediate it – this included making alternative certification arrangements for his father’s farm and taking more appropriate care with record keeping.
The Committee also acknowledged the significant lapse of time between the date of the misconduct and the hearing and the stress that had caused to Mr Gracey, as well as the insight he had shown into his misconduct.
Taking into account all the factors, the Committee decided that imposing a period of six months suspension from the Register of Veterinary Surgeons was the appropriate sanction for Mr Gracey.
Dr Bentall added: “The Committee concluded that suspension of the respondent’s registration for a period of six months was proportionate.
"The Committee considered whether a shorter period was appropriate bearing in mind the mitigating factors it had found applied in this case.
"It decided that a period of six months was proportionate and the minimum length necessary to meet the public interest balancing the seriousness of the misconduct and the mitigation.
"It decided that a shorter period of suspension would be insufficient to uphold proper standards within the profession, or to have a deterrent effect.
“The Committee was satisfied that the respondent had shown sufficient insight and efforts to remediate his misconduct and it concluded that at the end of this period of suspension he would not pose a further risk to animal welfare or public health.
"The Committee considered that the respondent was a valued veterinary surgeon with extensive farm animal experience and that a more severe sanction such as removal from the RCVS Register would not properly reflect the Committee’s findings on the scale of dishonesty and would not take account of the respondent’s mitigation.”
www.rcvs.org.uk/disciplinary
The plans developed by the Animal and Plant Health Agency (APHA), an agency of the Department for Environment, Food & Rural Affairs (DEFRA), involved the creation of a new role of Certification Support Officers (CSOs), non-veterinarians who would support the work of Official Veterinarians (OVs) in the signing of export health certificates for products of animal origin such as meat, dairy, processed products and animal by-products.
The proposals for the creation of CSOs by APHA has arisen due to concerns about the growth of exports in recent years and the potential for an up to 300% increase in products requiring OV certification if the UK has to certify exports of products of animal origin to the EU once the UK leaves the EU. Under APHA’s plans CSOs will work under the direction of veterinary surgeons and support their certification work (for example, verifying temperature checks), although the final certification will always need to be signed by OVs. The role will not involve certification relating to live animals or germinal products.
At the RCVS Council meeting on Thursday 1 November 2018 Council members agreed to facilitate APHA’s proposals and to make changes to the RCVS requirements so as to allow CSOs to support OVs in their certification work.
Amanda Boag, RCVS President, said: "As we have stated in our recent statement on ‘no-deal’ Brexit, it has been estimated that there would be 325% increase in veterinary certification requirements if the UK leaves the EU without a deal, and with these proposals Defra and APHA are preparing for this by increasing the support available for Official Veterinarians. Furthermore the proposal is in line with the concept of a vet-led team, with veterinary surgeons focusing on tasks only vets can do, whilst delegating some tasks to suitably trained and quality-assured members of our teams.
"We appreciate that there were some concerns over the level of education and training required by CSOs and are glad that the APHA has accommodated those views by increasing the level of education to three A-Levels (or equivalent in Scotland) and clarifying the nature of the training required by CSOs.
"By signalling its support for the proposals, RCVS Council has been assured that the integrity and value of the veterinary signature will be upheld and we are glad that we can play a key role in helping the veterinary profession prepare the UK for leaving the EU."
The RCVS position statement on the potential impact of a ‘no-deal’ Brexit scenario is available at www.rcvs.org.uk/brexit
The RCVS has announced that it has accepted the resignation of council member Bob Partridge.
Bob, who had been an elected member of the RCVS Council since July 2006, tendered his resignation for personal reasons.
Peter Robinson will take up the vacated Council position, as he came next in the ballot in the 2013 election.
Unite and the British Veterinary Union (BVU) have written to the government asking for the Professional Standards Authority (PSA), which regulates such governing bodies as the General Medical Council, General Dental Council, and Nursing and Midwifery Council (NMC), to have 'scrutiny' of the RCVS.
In a letter to junior minister at the Department for Environment, Food and Rural Affairs, George Eustice, the BVU chair Dr Shams Mir cited the case of Munhuwepasi Chikosi struck off the register of veterinary surgeons by the RCVS in June 2013.
Dr Mir said that this case was "widely seen by the veterinary profession as blatant miscarriage of justice and many expressions of 'outrage' were published in the veterinary press and online.
"One popular online veterinary forum recorded over a thousand posts criticising and challenging various aspects of the decision."
The current statutory duties of the RCVS, established by Royal Charter in 1844, are determined by the Veterinary Surgeons Act (VSA) of 1966, which Unite says is now 'outdated.
Dr Mir said: "BVU petitions the government to extend the remit of the PSA to incorporate the RCVS to ensure appropriate overview and scrutiny.
"The RCVS proposed new Royal Charter could be exploited by the RCVS to give itself proxy powers to introduce incontestable new regulatory measures."
Unite has asked for an urgent meeting with Mr. Eustice.
Unite professional officer Jane Beach said: "Our initiative is designed to safeguard the interests of both the public, and practicing vets and veterinary nurses in the UK.
"Basically, the way that the RCVS is presently constituted means that it is both judge and jury in disciplinary matters. It sets the rules and hands down the judgements - and we believe that an extra layer of scrutiny needs to be introduced which we would like to be the PSA."
David, who is Head of Clinical Intelligence at Vets Now, came in eighth place with 1,756 votes in this year’s RCVS Council elections.
The place was originally offered to Dr Tom Witte, who came in seventh place. However, due to a change in personal circumstances, he decided not to accept.
Professor Stephen May, RCVS President, said: "The loss of such a young, talented and respected Council member as Sarah has been difficult to come to terms with and she is greatly missed by her fellow Council members and others amongst the profession.
"It is also important to recognise that the New Year will bring us fresh challenges and opportunities and we will face them best with a full complement of Council members. Therefore, I am delighted that David will be joining Council from January and is able to attend his first Council meeting, which will be held in committee, with us on Thursday 18 January.
"The circumstances under which David will be joining us have been extremely sad, but I am sure he will be an excellent addition to our team and I look forward to working with him."
More information about David Leicester, including his candidate biography and manifesto, can be found in the Council election booklet sent out earlier this year and available to download from www.rcvs.org.uk/publications. A video of David talking about what he would bring to RCVS Council can also be found on the College’s YouTube channel: www.youtube.com/rcvsvideos
Lynn Jo Ann Davies MRCVS first appeared before the Committee in January 2018 to face a number of charges related to two drink-driving offences, breaching the terms of her undertakings to the College as part of its Health Protocol, and being under the influence of alcohol on three occasions while she was on duty as a veterinary surgeon in December 2016.
Dr Davies admitted all five charges against her and admitted that this meant she was unfit to practise veterinary surgery and that she was guilty of 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 its first hearing the Committee having considered both aggravating and mitigating circumstances decided to postpone the hearing for six months on the basis of Dr Davies’ entering into a new set of undertakings, including one not to practise veterinary surgery and to remain abstinent from alcohol during the period of postponement.
At the second hearing, in July 2018, the Disciplinary Committee resumed its sanction inquiry decision. Dr Davies’ Counsel submitted on her behalf that Dr Davies wished to return to practise and the Committee reviewed her witness statements, documentary proof and medical records that she provided to demonstrate she had complied with the her undertakings given at the last hearing.
Stuart Drummond, Chairing the Committee and speaking on its behalf, said: "Having had the opportunity to see and hear from the respondent when she gave evidence and when she answered the questions put to her, the view formed of her current state of health was favourable. All members of the Committee considered that the account she gave of herself in the witness box was confident and they were reassured by her evidence as to how she now sets about managing her levels of stress and how she reacted to stressful incidents.
"Such concerns as the Committee had about her return to practice concerned her ability to receive support from a third party who would act as a mentor…the Committee therefore requires the Respondent to identify, within a period of one month of today’s date, a veterinary surgeon who would agree to act as her mentor. That mentor would have to be a veterinary surgeon acceptable to the College as someone suitable to act in that capacity and that mentor would have to be approved before the Respondent could resume practice.
"A further requirement of the Committee would be that the Respondent should make a disclosure to any new employer of the fact of her appearances before this Committee in January 2018 and in July 2018 and of the decisions of the Committee in relation to both such hearings. The final requirement of the Committee in this respect is 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 directed that the hearing be postponed for a further 12 months.
A paper introduced by the RCVS Registrar Eleanor Ferguson looked at the possibility of the RCVS prosecuting, for example, unqualified individuals undertaking veterinary work and courses falsely purporting to lead to a registerable qualification.
The paper also explored other options, including better educating animal owners about veterinary services and assisting people with concerns about the breaches of the VSA to raise them with the authorities.
Council heard that over the past year, the RCVS had assisted other agencies on investigations of suspected VSA breaches on a number of occasions.
It was considered that the RCVS could consider undertaking its own private investigations and criminal prosecutions when statutory prosecuting authorities did not have the resources to pursue these cases.
However, the RCVS has no statutory powers of investigation, so if it did pursue a private prosecution, it would have no powers to carry out a criminal investigation or compel evidence.
Council members voted for a further paper setting out a draft policy on private prosecutions, as well as what general information regarding breaches of the Veterinary Surgeons Act could be provided to members of the public and the professions.
The survey was conducted by Mo Gannon & Associates, which asked 2,000 UK adults about their satisfaction with the service they and their animals received from veterinary surgeons, levels of trust in the profession, and whether the service provided by vets represents value for money.
32% of the respondents felt that veterinary surgeons represented excellent (8%) or good (24%) value for money. 38% thought that veterinary fees are fair. However, 29% thought that veterinary surgeons and their services provided poor (21%) or very poor (8%) value for money. The results were very similar to the last time the survey was conducted, in 2015.
Nevertheless, veterinary surgeons continue to enjoy very high levels of trust amongst the public. 94% said they either completely trust (34%) or generally trust (60%) vets. This put veterinary surgeons in third place amongst the most trusted professions, below opticians and pharmacists but above GPs and and dentists.
Satisfaction with the profession was also high. 80% said they were either very satisfied (39%) or satisfied (41%), putting vets in fourth place below opticians, pharmacists and dentists, but above general practitioners and accountants.
RCVS President Dr Niall Connell, pictured right (would you trust this man?) said: "These results clearly demonstrate that there is a great deal of good will towards the veterinary profession and the work they do in treating the nation’s animals and serving their communities. The basis of all good relationships is trust, and it is fantastic to see that our clients continue overwhelmingly to trust our knowledge and expertise and remain very happy with the service we provide them.
"The picture on value for money is clearly a bit more mixed, although clearly 70% of the respondents recognise that we at least charge fair fees in terms of our time and expertise. There is, of course, always more work that we can do in order to help the public understand veterinary costs and fees and promote the value of veterinary care, as demonstrated by last year’s joint Pets Need Vets social media campaign with BVA, in which we highlighted the benefits to pet owners of being registered with a vet."
The first is that the College will allow veterinary surgeons and nurses to carry over some of the CPD hours they have accrued in 2019 into 2020, to smoothen the transition to an annual hourly requirement.
Vets will be allowed to carry over 25 hours and VNs 10 hours of accumulated CPD from 2019 through to 2020.
This will apply once, in 2020 only, and is only applicable to vets and VNs who have been CPD-compliant from 2017 to 2019 and have a surplus number of hours to carry over.
Secondly, the College is going to allow vets and VNs to take a six-month 'CPD pause' for planned periods away from work, such as parental leave, and exceptional circumstances, such as serious ill health or unforeseen changes to family responsibilities, without the need to make up the hours when they return to work. This will reduce the burden on vets and VNs returning to work after a break.
RCVS Director of Education, Dr Linda Prescott-Clements said: "We hope that these changes to the CPD policy will support vets and VNs to make the transition to an annual hourly requirement.
"We received a sample of feedback from some members of the veterinary professions regarding the move to annual hourly CPD requirements and these additions have been introduced support members during this transition and to mitigate some of the concerns raised."
For more information about the CPD requirement for both vets and vet nurses, what activities might count as CPD, how to record your CPD and a series of frequently asked questions about CPD please visit our dedicated page: www.rcvs.org.uk/cpd.
Specifically, Ms Hodgkinson was alleged to have placed five orders between 1 September 2013 and 1 April 2015:
The medications for charges (i) to (iii) above, were intended for her own personal use, as she had previously at various times been prescribed Codeine, Naproxen and Amitriptyline after being involved in a serious car accident in November 2012, as a result of which she suffered from chronic back pain and other problems.
Charges (iv) and (v) above, were intended for her dog, ‘Minnie’, but the dosages ordered were incorrect. The medications were never removed from the practice or given to Minnie, but were instead returned to the wholesaler.
From the outset Ms Hodgkinson admitted the charges against her, although she believed that other staff at the practice had placed similar personal orders and that she had been given permission to do so as well. Ms Hodgkinson also accepted that the facts amounted to disgraceful conduct in a professional respect.
The Committee accepted Ms Hodgkinson’s admission of the charges and, accordingly, found the charges proved. The question of whether the facts amounted to serious professional misconduct was, however, a matter for the Committee’s judgement, notwithstanding Ms Hodgkinson’s admission.
In reaching its decision, the Committee took into account Ms Hodgkinson’s assertion that she believed she had been given permission to order medication through the practice. She did admit however that she must have been mistaken in that belief. The Committee also took note of the College’s submission that a number of aggravating features were present which amounted to serious professional misconduct, namely: the potential risk posed to animal welfare; Ms Hodgkinson’s ignorance of fundamental legislative provisions; a breach of trust placed in her by virtue of her RVN status; the fact that the misconduct was repeated over a period of time; and a lack of awareness of professional responsibilities at the time of the conduct. The Committee therefore had no hesitation that the conduct did amount to serious professional misconduct.
The Committee then turned to the question of sanction. A number of mitigating factors were put forward in Ms Hodgkinson’s defence including the fact that a period of lengthy suspension or removal from the register would result in her losing an offer of employment, the fact that up to the relevant conduct she had had an unblemished career and the fact that she had made early admissions of guilt and shown insight into her misconduct.
The Committee decided that a period of 10 months’ suspension would be appropriate and proportionate in this case.
Chitra Karve, who chaired the Committee and spoke on its behalf, said: "The length of the period of suspension…is intended to reflect this Committee’s view, assisted as it has been by the experience and knowledge of a practising RVN and a veterinary surgeon, of the seriousness of the respondent’s conduct in its totality and of the need for the message to go out to all veterinary professionals that the ordering of POMs without the authority of a valid prescription is a most serious instance of misconduct. In such circumstances the personal mitigations that a practitioner might place before a Disciplinary Committee, whilst not immaterial, is inevitably of limited persuasion. And that is what this Committee has concluded in this particular case, having reflected carefully on the mitigation factors placed before it.
"Having weighed the matters of personal mitigation against the fact that a rudimentary knowledge of the governing legislation was effectively all that was required of the Respondent to ensure that the misconduct complained of did not occur, it is the clear view of the Committee that it would be failing in its public duty were it to do anything less than to impose a period of suspension from practice and the least period of suspension that is appropriate in this case is one of ten months. The Committee therefore instructs the Registrar to act accordingly."
Nebojsa Petrovic faced eight charges, although charge four was withdrawn at the start of the hearing.
At the outset of the hearing, Dr Petrovic admitted a number of allegations, including:
Charge 1 - that in November 2021, he falsely represented to the Animal and Plant Health Agency (APHA) that blood samples he submitted in respect of four horses were from the same horses as the samples he submitted on 1 November 2021.
Charge 2 – that in November 2021, he told APHA’s Veterinary Head of Border Control that he had checked the microchips and/or passports of the four horses when he hadn’t done so;
Charge 3 – that in November 2021, he signed Export Health Certificates for the four horses, in which it was stated that blood samples taken from these horses on October 2021 had been submitted to the Veterinary Laboratories Agency laboratory, Weybridge, with a negative result for Leptospirosis when in fact those samples had tested positive;
Charge 5 – that he failed to send the APHA’s Centre for International Trade, within seven days of signing, certified copies of the export health certificates;
Charge 7 – that in January 2022, he told an APHA officer that he was satisfied that he had properly identified the horses for which you had submitted the two samples when he had not done so;
Charge 8c – that he risked undermining government procedures designed to promote animal health and international relations in relation to the charges he admitted; and
Charge 9 – that in February 2022, he failed to have in place any or any adequate Professional Indemnity Insurance (PII).
Dr Petrovic, who was at the time of all the allegations carrying his duties as an Official Veterinarian on behalf of the APHA, denied charge 6 – that in November 2021, he failed to take sufficient steps to prevent the four horses being exported to Serbia, when he had been informed that there were concerns and/or doubts about whether those horses had tested negative for Leptospirosis.
He also denied charge 8 – that in relation to the allegations relating to his submitting the blood samples to the Veterinary Laboratories Agency on 8 November 2021, certification of the Export Health Certificates on 16 November 2021 and his subsequent conversations with members of APHA staff regarding both sets of documentation he had acted in a misleading (Charge 8a) and/or dishonest (Charge 8b) way.
The Committee considered evidence presented by the College including hearing from APHA staff witnesses called by the College and also hearing from a witness and character evidence presented by Dr Petrovic. Dr Petrovic also gave evidence to the Committee.
It found most charges proven with the exception of Charge 6, and also found that Dr Petrovic had not acted dishonestly in submitting the blood samples or certifying the EHC’s as alleged in charges 1 and 3.
The Committee concluded that Dr Petrovic had acted in a dishonest and misleading way in his conversations with the APHA staff as detailed in charges 2 and 7.
The Committee then considered whether the individual proven charges amounted to serious professional misconduct, determining that, with the exception of charges 3 and 5, all proven charges amounted to disgraceful conduct.
Paul Morris, chairing the Committee and speaking on its behalf, said: “In the Committee’s judgement, the respondent’s position as an Official Veterinarian also meant that he had a responsibility to ensure that the trust which was delegated to him was not breached.
"In his role, the respondent was acting in a position of trust, as a representative of the government, and the Committee found that he had breached that trust…. It took these matters into account when determining that the respondent’s behaviour cumulatively amounted to disgraceful conduct in a professional respect.”
Regarding the sanction for Dr Petrovic, the Committee considered his request that it consider suspension, rather than removal, from the Register.
In terms of aggravating factors – the Committee found that Dr Petrovic had acted without integrity, recklessly and without regard for the APHA’s systems relating to the export of animals.
In mitigation, it took into account: the fact that no animal was harmed by his conduct, albeit there was risk of harm; his long and unblemished career in the UK since 1994; admissions he had made to the APHA and Disciplinary Committee at the first day of the hearing; had remediated his lack of professional indemnity insurance by putting in place a retrospective policy; the significant amount of time that had elapsed since the conduct; and six positive character references from experienced fellow veterinary surgeons who held him in high regard.
Paul Morris added: “The Committee took into account that the respondent had continued to work as a veterinary surgeon with no subsequent complaints and that he had a previous long and unblemished record and there was support by several positive character references.
"The Committee also took into consideration the pressures of Brexit and the pandemic which the respondent had faced at the time, but which were unlikely to occur again.
“The Committee had concluded that the respondent was unlikely to repeat similar behaviour or to pose a risk to animals, particularly because he was no longer involved in certifying animals for export.
"Furthermore his admissions to most of the matters it had found proved showed that he had some insight.
"The Committee was also satisfied that the respondent had a genuine concern for the welfare of animals and it noted that the Respondent did not require any further training to continue in practice as a veterinary surgeon.
“The Committee therefore concluded that a suspension from the Register was the proportionate sanction in this case taking into account the seriousness of the conduct it had found proved but also all of the mitigating factors.”
The Committee recommended that Dr Petrovic be suspended for six months to reflect the seriousness of the conduct and the damage it could do to public confidence in the profession, while meeting the public interest and sending a clear message of deterrence.
The Veterinary Workforce Summit was held last November, when 80 stakeholders from independent and corporate practices, veterinary schools, charities, government, the food hygiene sector, species associations and industry bodies came together to look at how the profession could address the workforce crisis.
Prior to the Summit, preliminary research was carried out to assess the profession's views on the workforce crisis and how it was affecting them.
Based on findings from the preliminary research, six themes around the issue of workforce shortages were identified and used to structure the discussions of the day.
These were: readiness for work; work-life balance; workplace culture; client interactions; career development; and return to work.
The day was opened by Lizzie Lockett, RCVS Chief Executive, who focused on the issues underpinning the workforce crisis:
Later in the day, delegates were divided into groups and asked to develop ideas and pitch a solution to a problem the sector is facing.
Some of the solutions that the professions might use to address the key workforce issues which came out of the pitches included:
Kate Richards, RCVS President, said: “Although the issues affecting the UK veterinary sector aren’t new, they have been exacerbated over the past few years by factors outside of the sector’s control.
"We know that putting in place solutions to address and solve the issues that the veterinary sector is facing will take time.
"We want to reiterate that the Summit was the first, albeit an incredibly important, first step in co-creating innovative solutions to workforce shortages.
"I look forward to working collaboratively with our veterinary colleagues from across the professions to bring the workforce action plan to life and work on the solutions that come out of it.”
The RCVS says the next steps from the Summit are to consider the feasibility of the suggested solutions and integrate those that seem likely to deliver effective results into an action plan, alongside other activities that are already underway.
The College says it is open to hearing additional ideas for the professions and encourages anyone who has suggestions to get in touch with Sophie Rogers, ViVet Manager, on s.rogers@rcvs.org.uk
The full Workforce Summit report can be found at www.rcvs.org.uk/publications
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.
In writing the guide, Liz has drawn upon her own experience of the disciplinary process to offer practical advice to others who find themselves in the same situation.
Liz found herself on the receiving end of a complaint by a pet owner after an elderly dog she had operated on died that night at her practice. It took two years for the complaint to progress to a DC hearing. They were two years which she described as absolute hell. Not just because of the threat of losing her livelihood, but also because of the vilification on social media.
Her booklet explains the whole process, from the first notice from the College to moving on after the hearing, with practical advice as to how you can make the experience, well, if not a positive one, at least not quite as hellish as it might otherwise be.
You can download the booklet from Liz’s website, here: https://howtosurviveanrcvshearing.wordpress.com/
The RCVS has launched a new College honour, the RCVS Queen's Medal.
RCVS President Col Neil Smith said: "The Queen's Medal will be the most prestigious honour that the RCVS can bestow upon a veterinary surgeon and will be reserved for those whose distinguished careers and outstanding lifetime achievements deserve wider recognition."
The honour was created following a review of the RCVS honours system, which demonstrated the need for a new aspirational award.
The RCVS wrote to the Cabinet Office last year, together with letters of support from Peers and MPs, many of whom attended the reception, to request permission to name this new honour after Her Majesty the Queen.
Col Smith said: "We are honoured that Her Majesty has supported the proposal and allowed the College to name the award after her, and express our sincere thanks to those Parliamentarians who supported our endeavour."
The first RCVS Queen's Medal will be presented at RCVS Day in July 2014. The nomination form for the Queen's Medal can be found at www.rcvs.org.uk/Queensmedal.
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 RCVS Disciplinary Committee has struck off a Wiltshire-based veterinary surgeon for charges relating to tuberculin (TB) testing on cattle that he undertook and certified at four farms during June and July of 2010.
At the end of the ten-day hearing, the Disciplinary Committee found Sorin Dinu Chelemen guilty of 32 charges relating to his work as an Official Veterinarian (OV) for Animal Health, while employed as a locum at Endell Veterinary Group, Salisbury. Mr Chelemen, who represented himself at the hearing, disputed all of the charges. He also said he had had poor knowledge and comprehension of written and spoken English at the time, which had since improved.
Mr Chelemen gave the Committee detailed accounts of what he said occurred in relation to the TB testing at all four farms. However, in almost all the points where the facts were denied, the Committee found a stark divergence between his evidence and that given by witnesses for the College.
The Committee was generally unimpressed by Mr Chelemen's account of events, finding many of his allegations and explanations for his actions to be incredible or unreliable. For example, he claimed that during his Animal Health training, he had not been given a copy of the 'Manual of Procedures' containing Standard Operating Procedures (SOPs) for TB testing. Although the Committee accepted Mr Chelemen's English had been poor at the time, leading to communication problems, he had satisfactorily demonstrated that he knew how to perform TB tests in accordance with these SOPs when he started work at the practice. Overall, the Committee found Mr Chelemen's attitude was that he had not done anything wrong and nothing was his fault, and that he had little understanding of the professional responsibilities incumbent on an OV.
By contrast, the Committee considered all the witnesses called by the College to have given clear, credible and consistent evidence. Complaints had been made about three farms that were separate and unconnected, and where the tests had been conducted on different dates. These complaints, if not identical, were very similar. The evidence was overwhelming that Mr Chelemen had not followed the SOPs when carrying out testing at three of the farms.
The Committee noted that the measurements recorded by Mr Chelemen did not show the differences which would be normally expected. Mr Chelemen had not measured the animals in accordance with the SOPs when he knew he ought to have, and he had been dishonest in certifying the tests.
When considering sanctions, the Committee found an aggravating factor was that Mr Chelemen's actions undermined procedures to prevent the spread of disease. In particular, he failed to notify the owners of animals on three farms that he had found reactors or inconclusive reactors, resulting in those animals not being isolated. Nor did he submit paperwork to Animal Health about these animals, which was a fundamental breach of his duties as an OV.
In mitigation, the Committee accepted that Mr Chelemen had no previous RCVS disciplinary findings against him; and, that the OV training he received was limited, having regard to English not being his first language and relative inexperience as a TB tester. It also took into account that this disciplinary case had been in progress for three years, his poor health and his financial and family circumstances.
Mrs Judith Webb, chairing and speaking on behalf of the Committee said: "The Committee is of the view that this is a most serious case, in which the integrity of TB testing was undermined, and animal health was put at risk, which may have resulted in the spread of disease. Furthermore, this case involves findings of dishonesty, which has been held to come at the top end of the spectrum of gravity of disgraceful conduct in a professional respect."
She directed that Mr Chelemen be struck off the Register.
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 RCVS Disciplinary Committee has dismissed charges of serious professional misconduct against a veterinary surgeon and former employee of Medivet (Watford).
Tomasz Nazimek, who qualified in Poland in 2001 before starting work in England in 2005, was alleged to have charged for the use of a blood pressure monitor during an exploratory laparotomy on a cat called Mitzi, whilst working at the Watford branch of Medivet in June 2009, when he knew, or ought to have known, it had not been used.
Despite his previous signed statements to the contrary, Mr Nazimek admitted at the outset of the hearing that no blood pressure monitor had in fact been used.
Accordingly, the Committee only had to establish whether Mr Nazimek himself had entered the fee for its use into Mitzi's records and, if so, whether this was done dishonestly.
The alleged incident came to light as a result of a covert investigation into Medivet conducted by the television production company Fulcrum TV in 2008/9, and subsequently commissioned by the BBC and broadcast in July 2010 as part of the Panorama programme 'It Shouldn't Happen at a Vets''.
Former dental nurse Alexandra Lee was employed by Fulcrum TV as an undercover reporter to work as a 'trainee veterinary nurse' at Medivet, in order to record audio and video footage of her experiences there.
The case against Mr Nazimek was based partly on a conversation overheard by Miss Lee following the operation on Mitzi, where she maintained that Guy Carter, a senior Medivet partner and veterinary surgeon, told Mr Nazimek (who was sitting at the practice computer typing up Mitzi's records) not to forget to include a fee for use of the blood pressure monitor.
However, Miss Lee's equipment had not recorded this exchange, due to a fault, and her video diary of that day's events was not put in evidence before the Committee. Miss Lee also accepted in evidence that she had not actually seen who entered the fee into the records, but had assumed it was Mr Nazimek.
Despite giving serious consideration to all of Miss Lee's evidence, the Committee found it of limited value.
The Committee considered the statements signed by Mr Nazimek, but prepared for him by the Medivet senior management in December 2009 and October 2010, which stated that he had used the monitor, consulted Mr Carter about charging for it and then added the fee himself.
The Committee also considered a third statement provided to the College (September 2011), in which Mr Nazimek recalled that Mr Carter had priced up the operation himself, but not asked for his input.
When questioned about the discrepancies in his statements, Mr Nazimek told the Committee that he had confused different operations and now knew his earlier statements to be wrong.
He indicated that he had been under pressure from his then employers to sign the statements, that his attempts to change them were ignored by Medivet's managing partners and that he was depressed and under stress at the time.
He was not told that the statements could be in relation to charges against him, or that he was entitled to legal advice when discussing them with his employers.
The Committee found Mr Nazimek's oral evidence to be persuasive, his manner open and his responses under cross-examination frank.
In the absence of satisfactory and reliable evidence to the contrary, and in view of supportive testimonials provided from his current employer and former colleagues as to his honesty and integrity, the Committee found Mr Nazimek's repeated assertion that he did not make a charge for the monitor "entirely plausible" and believed that he told the truth.
Nevertheless, the Committee emphasised that a charge for the monitor had been entered into the records when no such device had been used, which it regarded as unacceptable.
Speaking on behalf of the Committee, Chairman Professor Peter Lees said: "The Committee is not satisfied by the evidence so that it is sure that [Mr Nazimek] entered into the records for Mitzi a charge for the blood pressure monitor. [It] believes that [Mr Nazimek] told the truth when giving his evidence and the character references support his honesty.
"In these circumstances, it is not necessary to consider the charges further and the allegations against [Mr Nazimek] are dismissed."
Dr Radev faced three charges concerning his treatment of an American Bulldog in 2021.
The first charge, which contained a number of sub-charges, was that he failed to provide appropriate and adequate care to the animal.
The second was that he failed to keep adequate records.
The final charge was that his failure to keep records was misleading and dishonest.
At the outset of the hearing Dr Radev admitted that, having recognised free fluid in the dog’s abdomen, he failed to take adequate and appropriate action and failed to aspirate the dog’s abdomen with regards to the possibility of it having septic peritonitis.
He also admitted writing the clinical notes approximately two months after the event.
After considering and rejecting an application by the RCVS to amend and withdraw elements of the first charge, the Committee then considered each of the remaining sub-charges in turn.
Sub-charge 1(a) was that Dr Radev repeatedly administered meloxicam to the dog when it had recently undergone intestinal surgery and had a recent history of vomiting.
The Committee found that this was not proven.
Dr Radev said it had been administered just once and the Committee was not satisfied so as to be sure that it was repeatedly administered.
Sub-charge 1(b) (i) was that Dr Radev failed to recognise free fluid in the dog’s abdomen as shown on an ultrasound scan.
The Committee found this not proven.
Sub-charge 1(c) (i) was that Dr Radev failed to recognise the possibility of septic peritonitis in the dog.
Sub-charge 1(e) was that Dr Radev failed to provide a full medical history when referring the dog to a different practice.
The Committee found the charge not proven.
Regarding charge 2 (ii), that Dr Radev had failed to include in clinical records a reference to the colonotomy surgery, the Committee found this charge not proven as it had been provided with clinical records disproving this charge.
Finally, regarding both aspects of charge 3, namely that Dr Radev had acted misleadingly and dishonesty, the Committee found this not proven.
The Committee then considered whether the charges that Dr Radev had admitted amounted to gross misconduct in a professional respect.
In all cases it found that, while Dr Radev’s conduct had fallen below what was expected of veterinary professionals, it did not fall so far below as to constitute serious professional misconduct.
Under the protocol trial, the RCVS can launch private prosecutions against unqualified people practising veterinary surgery or using the title 'veterinary surgeon'.
The College says that where breaches of the Veterinary Surgeons Act cross over to other criminal offences, for example, fraud by false representation, they will be more properly dealt with by the relevant police force.
Local authority trading standards agencies will also deal with issues around, for example, misleading courses that purport to lead to registration with the RCVS but do not; concerns about dog grooming businesses and concerns about dog breeding establishments (other than where there is illegal practice of veterinary surgery by unqualified persons).
Eleanor Ferguson, RCVS Registrar and Director of Legal Services, said: “This protocol recognises that there are constraints on the time, resourcing, and budgets of both the police and public prosecutors which means that the pursuit of these breaches of the Veterinary Surgeons Act, both of which carry minor criminal penalties, is not necessarily a priority.
“While we are always willing to work with the police and other agencies to pursue such breaches, the protocol details how we can act independently where appropriate and ensure we are fulfilling our stated ambition to safeguard the interests of the public and animals, as well as the reputation of the professions, by ensuring that only those registered with us can carry out acts of veterinary surgery.
“We would like to manage expectations around this trial period as we will only be launching private prosecutions where they meet the criminal evidential standards of ‘beyond a reasonable doubt’ and it is judged to be in the public interest to do so.
"We will also be relying on members of the professions and the public to report breaches and provide sufficient evidence to us, as we have no statutory investigatory powers.”
The trial period will last for one year and the College has set aside £50,000 to pursue private prosecutions.
The trial will be overseen by the Disciplinary Committee/ Preliminary Investigation Committee Liaison Committee while decisions on whether to pursue private prosecutions will lie with the Registrar/ Director of Legal Services.
Suspected breaches of the Veterinary Surgeons Act can be reported to the RCVS Professional Conduct Department on breachvsa@rcvs.org.uk.
Warwick Seymour-Hamilton, a former veterinary surgeon who practised in Kent, has had his third application for restoration to the Register refused by the RCVS Disciplinary Committee this week.
Mr Seymour-Hamilton was struck off in 1994 following an inspection of his premises, equipment and facilities in Orpington, which were found to be in such poor condition that it constituted a risk to the health and welfare of animals brought to the practice and brought the profession into disrepute.
Mr Seymour-Hamilton had made two previous restoration applications in July 1995 and June 2010. Both of these were refused on the grounds of poor preparation for re-entering practice life as, in both cases, he had made no attempt to engage in continuing professional development or visit and observe other veterinary practices.
Representing himself at this week's hearing, Mr Seymour-Hamilton said that, since the 2010 hearing, he had further developed an interest in herbal medicine and, after visiting a number of veterinary practices in continental Europe, had attended the College of Naturopathic Medicine in Dublin, gaining a qualification in herbal and naturopathic medicine. He told the Committee that he currently worked as a herbalist and naturopath with human patients but wanted to widen his work and research to include animal patients.
The Committee was concerned by his answers to a number of questions, Mr Seymour-Hamilton having described the hearing as an 'exploratory meeting' and indicating a lack of knowledge in a number of areas to do with veterinary practice and its regulation. The Committee felt that this demonstrated a fundamental lack of understanding as to its function and terms of reference.
Professor Noreen Burrows, chairing the Committee and speaking on its behalf, said: "The Committee expresses its surprise and concern at the lack of preparation for this hearing by the applicant, given that these issues have arisen at his previous restoration hearings, and that the result of a positive finding in favour of him would be his ability to practise unfettered as a veterinary surgeon forthwith."
In particular the Committee highlighted Mr Seymour-Hamilton's lack of understanding of the regulatory framework for veterinary practice as set out in the RCVS Code of Professional Conduct, the requirements of continuing professional development and what 'fitness to practise' meant, beyond the practical issues of his physical and mental capacity.
Professor Burrows added: "Based on all of the evidence available to the Committee it is very clear that he has failed to satisfy... that he is fit to be restored to the Register and this application is therefore dismissed."
The Committee's full findings and decision are available on the RCVS website (www.rcvs.org.uk/disciplinary).
The College was ranked seventh in the medium-sized company or organisation category (50 to 449 employees) of the Best Workplaces for Women initiative.
This year is the first that the Great Place to Work Institute has run this initiative and, in making its rankings, it looked at a number of factors including the number and proportion of women in leadership positions, pay parity between men and women, workplace policies and how they support female employees, as well as training and development and mentoring.
Amanda Boag, RCVS President, said: "I am delighted that the RCVS has been recognised for being an excellent and supportive place for women to work and pleased that the hard work of the team at Belgravia House in this area has been publicly rewarded in this way.
"One of the key themes of my Presidential year is diversity and I think it is very important that, as a regulator, we reflect the veterinary profession (which is currently 63% female for veterinary surgeons and 98% female for veterinary nurses) as far as possible. With two-thirds of the staff at the RCVS being women it demonstrates that the College is largely reflective of the profession it serves.
"However, it’s not just about the numbers and with 60% of the Senior Team at the RCVS being women, including the CEO and Registrar, it demonstrates that the College has developed a culture in which women can shatter the glass ceiling and pursue leadership roles.
"Also, with policies such as flexible working hours, encouragement of home working, shared parental leave and enhanced maternity and paternity pay, the College goes the extra mile to support working parents."
The RCVS is looking to recruit two veterinary surgeons as part-time Postgraduate Deans, to help oversee new veterinary graduates during their Professional Development Phase (PDP).
Freda Andrews, RCVS Head of Education said: "The PDP is an online recording system to guide new graduates as they work towards achieving the "year one competences" - the competences expected of a new graduate who's had about a year's experience in practice. Postgraduate Deans monitor PDP participants' progress and respond to their queries, and ultimately sign-off the graduates once their PDP is complete."
The roles have become available as two of the current post-holders, Stephen Ware and Professor David Noakes, wish to hand over to new colleagues. Both Stephen and David have served as Postgraduate Deans since 2007, when the PDP first became a requirement for all new veterinary graduates.
Stephen said: "Being a Postgraduate Dean gives you the opportunity to assist new graduates in the early stages of their career. It is also a way to encourage employers to take a responsible attitude towards new vets, particularly during their first job or two."
Postgraduate Deans are expected to spend up to 20 days a year working mainly online from home, and attend occasional meetings at the RCVS in London. They need experience of general practice, and to be used to dealing with and advising students, or employing and supporting new graduates. A sympathetic understanding of the challenges faced by newly qualified veterinary graduates is also required.
Further information about the role can be found at www.rcvs.org.uk/jobs, and information about the PDP, including a preview, at www.rcvs.org.uk/pdp.
Applicants should send a brief CV, and a covering letter setting out their relevant experience, to education@rcvs.org.uk by 7 March 2011.