Aspectos Legales Review

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Flashcards for reviewing key concepts in veterinary medicine, based on lecture notes.

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159 Terms

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OCV (Organización Colegial Veterinaria)

An organization in Spain that every veterinarian needs to be registered with to ensure a good image of the field and establish control.

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ICOVV

The Valencia Illustrious Official College of Veterinarians, which verifies that vet centers meet the requirements to be registered as a clinic, hospital, practice, etc.

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Veterinary colleges never support low cost services because…

An incompatibility exists between medicine and low-cost services ethically.

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What area does the General council of veterinary associations in Spain affect?

All of spain

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What area do the Councils of the regional veterinary colleges affect?

The autonomous communities

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What area do the Provincial colleges affect?

The Provinces

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What organization gives the veterinary license?

The college, NOT the school

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What documents are necessary to get a veterinary license?

Veterinary degree diploma, ID card copy, Photograph, Registration sheet, Sworn declaration, Data transfer model, Bank account information

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What expenses are involved in activating your membership with the college?

Membership fee (150.25), Quarterly expenses (57.70 every 3 months), Life insurance, Civil liability insurance against 3rd parties

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What is the General council of veterinary associations in spain formed by?

Permanent executive board, The interterritorial board, The general assembly

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What associations make up the Councils of the regional veterinary colleges in Valencia?

Alicante + Castellon + Valencia

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Can a vet that is registered in Valencia work in Alicante?

Yes, when you are registered in a vet college, you can work anywhere in spain- but you must notify once a year that you are working there.

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Give an example of specific regulation

Small animal practice center regulations

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Give an example of general regulation

Veterinary degree, Veterinary college registration

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What are the 3 levels of regulation in Spain (+EU)?

European level, National level, Regional regulations

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What is transposition?

Adaptation of a regulation to a lower legal step

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What is the importance of the European union laws?

Makes free commerce and transport possible in the EU, because all countries have the same rules

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What are primary EU laws known as?

“Treaties of the EU”

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What are the types of secondary EU laws?

Regulations, Directives, Decisions, Recommendations, Opinions

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What are Regulations?

Legal acts that automatically and uniformly apply to all EU countries as soon as they are made, without transposition needed.

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What are Directives?

Requires EU countries to achieve a result, but allows them to choose how; needs transposition into a national law

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What are decisions?

Acts and regulations that affect countries, business, or even people in the EU; no transposition needed

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What are recommendations?

Allow EU institutions to make their views known and to suggest a line of action without imposing any legal obligation; no binding force

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What are opinions?

-Allow EU institutions to make their views known and to suggest a line of action without imposing any legal obligation.

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What does the Constitution set?

Sets the basic rights (equality, right to a home, etc)

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Where are national laws published?

BOE

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If something is not regulated by laws, what must be applied?

Apply the Lex artis

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What are the 2 types of national laws?

Rango ley laws, Rango no ley laws

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What are the characteristics of Rango ley laws

Establish responsibilities and give rights to citizens; approved at the congress of deputies and the Senate

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What are the types of Rango ley laws?

Organic laws, Ordinary laws, Real decreto (royal decree), Decreto Legislativo (legislative decree)

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What do Organic laws regulate?

Regulate elections, fundamental rights and liberties, approve statute of autonomy for autonomous communities, facts regulated by the constitution.

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What do Ordinary laws regulate?

Regional regulations, developed by the regional congress and regional parliament; regulate facts that are not regulated by organic laws

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What are Real decreto (royal decree) used for?

Used to address urgent or important matters that require immediate action; modifies rights or obligations quickly for extraordinary situations and/or urgent needs

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What are Decreto Legislativo (legislative decree) used for?

Establishes a way for transpositions; publishing “texto refundidos” (Consolidated Text)= new laws that integrate all the former laws about an issue into a single text.

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What are Rango no ley laws?

Legal instruments or decisions that do not have the formal status of a law but still carry significant regulatory or administrative importance

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What are Real decreto (rango no ley) laws?

Developed and approved by congress, under a Rango Ley law; needs a royal signature

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What is the purpose of a “Textos consolidados”?

Summarizes all the updates and changes to a law

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What are Orden ministral laws?

Developed by a ministry

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What is Jurisprudence?

The interpretation of a law by judges. Not a law, but has legal importance

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What is the EU competence?

Member states are not allowed to make their own laws concerning customs, competition rules, monetary policy, conservation of marine biological resources, and common commercial policy.

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What is the Shared EU competence?

Member states can only regulate the part of the shared competence issue that EU has not regulated in areas of Internal market, Social policy, Economical, social, and territorial cohesion Agriculture, environment, and consumer protection, Transport, and Energy

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What actions does the EU Support/coordinate/supplement?

Not regulated by the EU: Protection and improvement of human health, Industry, Culture, Civil protection, Tourism, Administrative cooperation, Education

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What is Diligence?

Doing something correctly, with care, and efficiently- Care, promptness, agility, efficiency during any veterinary work

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What is negligence?

Doing something wrong- Lack of care, effort, or application in any veterinary work

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What is Lex Artis?

Written “technical rules”- the levels of quality required by any professional service

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In case there is negligence, what is it studied by?

The statutory and ethical standards of the college, Lex artis- procedural obligation, the required level of diligence

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What are the different types of responsibilities?

Civil responsibility, Administrative responsibility, Criminal responsibility, Deontological responsibility

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What is Civil Responsibility?

Applies when we do something wrong and need to PAY with money- Affects 3rd persons (the client)

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What is Contractual Civil Responsibility?

A contract (physical or verbal) has been signed

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What is Non Contractual Civil Responsibility?

No contract

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What is Administrative Responsibility?

Whether the administrative regulations are violated- Regarding official documents- Applies to all vets

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What is Criminal Responsibility?

Aligns with the general criminal code in animal welfare, Public health,Professional intrusion, and abandonment

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What is Deontological Responsibility?

Only applies to veterinarians + the owner of the practice, if they leave a nonveterinarian in charge of vet responsibilities

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What happened in Violation Case 1?

Naturopathic vet practice is doing microchipping and small surgeries.

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What happened in Violation Case 2?

Someone found a dead dog inside of an irrigating canal with a stone attached to the collar, and the microchip was not updated

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What happened in Violation Case 3?

The owner of a rabbit goes to an emergency vet- the rabbit needs a surgery on monday and needs to stay hospitalized and monitored until then, but the vet left the rabbit alone overnight and the rabbit died.

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What happened in Violation Case 4?

A vet walks his dog and the dog gets hit by a car and dies. The vet takes the dog’s body and throws it away in a carcass container- BUT the farmer opens the container the next day and the dog was actually alive.

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What happened in Violation Case 5?

An official vet (works for the govt) is offering vaccines and microchips to the pets of neighbors and friends and doing it in their homes.

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What happened in Violation Case 6?

A vet was giving the insurance company his bank account instead of his customer’s so that he would get paid instead of the customer.

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What happened in Violation Case 7?

A vet performed a liposuction on his wife and she died. He chopped up her body and gave it to the carcass company.

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In Civilian responsibility in Violation Case 3, what affect does it have in the long term?

The animal dies.

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In Criminal responsibility in Violation Case 3, what is the problem.

We think that what happened is the vet left the rabbit alone overnight and the rabbit died (it was supposed to be monitored).

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In Deontological responsibility in Violation Case 3, what is the problem?

Bc the vet said it needed to stay to be monitored, but it was not monitored. Animals can NEVER be left alone in the practice. The death could have been avoided. The vet also said they are a 24/7 emergency service, but this applies that there are vets in the practice at all times.

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What are the Main functions of a veterinary clinician?

Prevent, diagnose, and treat diseases of animals, Prevent human disease, Public veterinary and human health

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Who are Clinic centers managed by?

Managed at a national level- In spain, managed by the autonomous communities

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Regulation of the profession is by the veterinary college, which includes:

Consejo general, Consejo autonómico, Consejo provincial

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What law regulates the veterinary colleges?

Law 6/1997

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What do the colleges regulate?

Way to register, Hierarchy, Deontological code

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What does Deontological code include?

  • European - National- National laws - Includes rules on the development of the code and how we should apply and understand the code - Regional - Additional specific regional rules - Includes information about: Professional conflict, Stealing clients Reporting professional intrusion, Reporting requests against the deontological code
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What do guidelines do?

Establish protocols as a reference to know what to do in certain circumstances; Includes specific info about Animal ID, Abandoned animals, Euthanasia, Mutilations

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Regulations is similar to what?

The deontological code, but also adds information about the types of veterinary centers we can have, Registrations, and Fines

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Regulations about working include:

Grade, Veterinary college, Employees vs freelance

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About opening a practice, what is needed?

Council license, Regional registration, Vet college registration (For director and employees), and Insurance (To cover professional activity + civilian responsibility insurance)

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What equipment is needed in small clinics?

Independent access, Reception, Treatment room, Fridge, Microscope, Transponder reader, Tracheal tubes, Ambu

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What can you do in a small clinic?

Primary assistance, Vaccinations, deworming, Minor surgeries, Xrays and ultrasounds, and Labs

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What can't you do in a small clinic?

Major surgeries if there is no surgery room and Hospitalization

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What equipment is needed in clinics?

Surgery room, 2+ treatment rooms, Xrays, Hematology and biochemistry

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What can you do in a clinic?

Everything if you have the equipment, Emergency phone (24/7 service)

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What can't you do in a clinic?

Hospitalization

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What equipment is needed in hospitals?

Surgery room, 2 exploration rooms, Xrays in an independent room, Personnel room, Isolation and hospitalization room, Ultrasound, ECG, Open 24/7 and a High level of diligence

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What can you do in a Hospital?

Everything if you have the equipment, Specialization in one or multiple species, and Referral (Only attends animals referred by colleagues)

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What is a referral?

Specialization in one or multiple species.

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What is a Temporary Center?

Authorized by the govt, Minimum equipment (= small clinic), Temporary authorization for specific services, and Can not refer to other centers

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What can a Mobile Vet do?

Can only attend animals of the address that requests the service, No surgeries and can Refer or transport the animal to a center

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What does nucleo zoologico include?

Breeders, shops, shelters, foundations, rescue centers, dog hotels

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What can a nucleo zoologico do?

Only can attend animals owned by the nucleo zoologico, Hotels can attend to emergencies of the guests, but cannot do vaccinations, Need many official documents and veterinary certificates

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Responsibilities of a vet in the nucleo include:

Training the centers about animal management, handling, etc, Procedures related to disinfection, cleaning, and preventative medicine

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What are the key elements of the EUROPEAN VETERINARY CODE OF CONDUCT?

Professionalism, Competences, Continuous training: need to always be updated on new codes and procedures, Professional and independent advisement, Veterinarians and clients

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What is the purpose of the EUROPEAN VETERINARY CODE OF CONDUCT?

For vets to provide high quality service for the benefit of the animal health, welfare, public health, and environment; For the clients and society to have confidence in the services that veterinarians provide

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Can lead to disciplinary procedures and sanctions?

Contravention to the code of conduct

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What is Competence and professionalism in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets should act in good conscience and to the best of their professional knowledge; Clients expect vets to keep their knowledge up to date and work within their competency level

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What is Independence and impartiality in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets should use good, independent judgment without acting in their own interest or to external influences; Clients have the right to receive impartial, independent, and objective advice

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What is Honesty and integrity in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets should act with courtesy, honesty, and integrity in their relationships with clients and others, including colleagues; Vets do not engage in any behavior or activity that can undermine public confidence

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What is Professional confidentiality in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets should treat all dealings with clients confidentiality (except in special circumstances where disclosure might be required)

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What is Accountability and insurance in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets should ensure that their clients can be adequately compensated in the event of side effects that result from errors or omissions made while providing a service; Vets should have insurance or another form of guarantee

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What are Vets+Clients in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets shall respect the needs and requirements of the client, as long as it complies with the principles and applications of this Code and the laws of the member state; Vets must carry out work with competence, professionalism, independence, impartiality, and integrity, using care, skill, and diligence

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What are Vets+Medicine in the EUROPEAN VETERINARY CODE OF CONDUCT?

Vets understand and comply with the legal, professional, and technical obligations related to recording, prescribing, safekeeping, use, supply, and disposal of medicinal products, according to the general principles of therapeutics and pharmacovigilance

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Food safety is the..

Only field where the job opportunities will increase in the future due to population increase

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What are the characteristics of Listeria monocitogenes?

Needs high temperatures to die; Survives refrigeration

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What does FAO stand for?

Food and agriculture organization; nutrition and international food regulations