The RCVS Disciplinary Committee has reprimanded a veterinary surgeon for submitting a certificate of Clinical Inspection for Veterinary Inspectors ("TB52") for tuberculin tests he had undertaken on cattle, despite knowing that he had not fully complied with the standard operating procedures (SOP) for these tests.
At the outset of the three-day hearing, John Wilson admitted that, when acting as an Official Veterinarian (OV) he had not carried out tuberculin tests on cattle at a Wiltshire farm on 19 May 2011 strictly in accordance with the SOP required by the Animal Health and Veterinary Laboratories Agency (AHVLA), an executive agency of Defra.
The admitted shortcomings were that on 19 May, the second day of testing, Mr Wilson had failed to confirm the identity of all the animals, failed to inspect the animals digitally (ie using his hands) and had not measured the fold of skin at the injection site of all the animals. The College argued that this was contrary to the directions of the AHVLA and, in subsequently signing the TB52 certificate, he was either dishonest or should have known that the certification was incorrect. Mr Wilson admitted that he ought to have known the certification was incorrect but denied dishonesty, because he believed that he had conducted the test in a satisfactory manner and had correctly identified all the reactors in the herd.
Mr Wilson was a veterinary surgeon of over 40 years experience and unblemished record, and the Committee found his account of events to be accurate and honest. He said the farm involved was unprepared and test arrangements were chaotic, with poor handling facilities, and he would have been concerned for the safety of the animals and their handlers if he had complied fully with the SOP. He had advised the farmer to delay the test but his advice was rejected.
The Committee accepted that the testing had been carried out under exceptional and difficult circumstances. It noted that Mr Wilson had identified a reactor and taken appropriate actions, knowing that the outcome would be the quarantining of the whole herd. He had made no financial or other gain, other than the nominal fee charged for the work. Although failing to comply with the SOP fell short of what was expected of a veterinary surgeon, because of these circumstances, and as he had acted in what he considered to be the best interests of the animals and personnel, these actions did not amount to serious professional misconduct.
The Committee found that, even allowing for these difficulties and concerns, in signing the TB52 certificate a few days later, without any qualification, Mr Wilson ought to have known that it was incorrect, and his actions fell far short of the standards expected of the veterinary profession. They did not however find that he had been dishonest.
The Committee stressed the importance attached to accurate and reliable certification, in maintaining the confidence of the public and the profession, and in ensuring animal welfare.
Professor Lees, chairing and speaking on behalf of the committee said: "The Committee is aware, as confirmed by AHVLA, that this is a single, isolated event and the first offence in some 40 years of the Respondent working as a LVI [local veterinary inspector] or OV. After considering all the mitigating factors.and, given the exceptional circumstances of this specific case, the decision of the Committee is to reprimand Mr Wilson."
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