Jurisprudence Final (Study Guide)

Why are veterinarians perceived as honest and ethical?

1. Deep trust in care for vulnerable beings

2. Perceived altruism over profit

3. Personal relationships and community presence

4. Consistency over time

5. Low controversy and scandal

What is ethics?

- Beliefs and principles that distinguish between right and wrong, good and bad, just and unjust

What is Law?

- A system of rules that regulate the actions of people, which may be enforced by the imposition of penalties

What happens when veterinarians don't follow ethical principles?

- The public loses trust in the profession's ability to regulate itself.

What are some requirements regarding the veterinarian-client-patient relationship (VCPR)

1. DVM assumes responsibility for care and client agrees to comply

2. DVM has sufficient knowledge of patient due to timely exam or medically appropriate visits

3. DVM is avilable for follow-up by providing emergency coverage and continued care/treatment

4. DVM provides oversight of treatment, compliance, and outcome

5. Medical records are maintained

What do the principles of veterinary medical ethics emphasize?

1. Stewardship

2. Integrity

3. Respect

What does the code of conduct from the AVMA principles of ethics state?

1. Meet the needs of the patient, the client, and the public

2. Work within a Veterinarian-Client-Patient Relationship (VCPR)

3. Be honest and competent; address those who aren't

4. Abide by laws; lead change when indicated

5. Maintain confidentiality of clients and records

6. Continually improve professional knowledge and competence

7. Carefully choose clients, associates, and practice circumstances

8. Advocate for community health

9. Productively engage all people

What is the state veterinary practice act?

- The statutes that define the practice of veterinary medicine in a state — what it covers, who it governs, and where the fifty versions of it could disagree.

What writes the Veterinary Practice Act?

- by state legislature

What does the Veterinary Practice Act create?

- a state board that licenses veterinarians

What does the Veterinary Practice Act define?

- the job itself

Who may offer services without a license? Give an example for each.

1. owners and their employees

- routine animal husbandry

2. goverment and academia

- state vet

3. allied and lay services

- AI

Who is involved in the composition of the state board?

- Governor-appointed members: mostly licensed veterinarians, often a licensed technician, plus a public member

What all is involved in the rulemaking for the state board?

- The board writes the regulations that put the act into daily operation, subject to notice and comment.

What all is involved in discipline for the state board?

- Complaint, investigation, hearing, and sanction — with a veterinarian's right to appeal.

Almost nothing a veterinarian does is lawful without a what?

- VCPR

What does no VCPR mean?

- no diagnosis, no treatment plan, and no prescription.

What must you do to stay licensed?

- renewal and continued education (CE)

When moving states, can you use your same license?

- no, you must get your license in the new state

What is the purpose of licensure?

- to protect the public

Is licensure a privilege or entitlement?

- privilege

What does the state veterinary board do?

- a government agency responsible for enforcing its state's Veterinary Practice Act.

What are the responsibilities of the state veterinary board?

- Issuing veterinary licenses.

- Establishing and enforcing regulations.

- Overseeing license renewal and continuing education.

- Investigating complaints against veterinarians.

- Disciplining veterinarians who violate practice requirements.

What is spectrum of care?

- providing a range of medically appropriate treatment options based on the patient's needs, the client's circumstances, and what is realistically possible.

For spectrum of care, what should a veterinarian consider?

- animals role

- financial considerations

- client expectations

- practical limitations

- patient welfare

What does it mean to "Practice my profession conscientiously"?

- Practice carefully and responsibly.

- Make ethical decisions.

- Take responsibility for your actions.

- Always consider the patient's welfare.

What does the oath mean when it says "with dignity"?

- Maintain professionalism.

- Treat animals, clients, and colleagues with respect.

- Behave in a way that reflects positively on the veterinary profession.

What does this phrase from the oath mean? "Lifelong obligation to the continual improvement of my professional knowledge and competence"

- Continue learning throughout your veterinary career.

- Maintain and improve your clinical skills.

- Stay informed about advancements in veterinary medicine.

What are some characteristics of the US state professional licensing board?

- Created and Empowered by the State General Assembly

- Government

- Board members appointed

What are some characteristics of national and state professional organizations?

- typically non-profit

- private, membership-focused

- board of directors is elected by membership

What is the mission for the US state professional licensing board?

- protect the public

What is the mission for national and state professional organizations?

- provide coordinated research to advance the science and practice of veterinary medicine

- protect the profession and animal industries

What are some regulations in support of licensure?

- Ensures competency in highly complex, technical professions

- protect the public

- pro-consumer and pro-competition

- Helps level the playing field for women and minorities

Evidence that a narrative letter, from an accused licensed veterinarian to the board, should include what?

- to exonerate the veterinarian and cause a grievance case to be dismissed

How does a licensing board increase its revenue?

- Through licensing and related regulatory fees.

A veterinarian (can or cannot) practice in a state where they are not licensed or otherwise legally authorized, even if treating a family member's animal.

- cannot

Describe the civil law system.

- Based on written laws or codes

- The role of the courts is limited

- The legislative body (Congress or a ruler) creates the rules or regulations

Describe the common law system.

- A body of law developed through courts

- Based upon precedent (stare decisis)

- There is a constitution and laws written by the legislative body; however, they are interpreted by the court system.

Every state in the U.S. primarily operates under a "common law" system except for one. What state utilizes a "civil law" system?

- Louisiana

What is federalism?

- a system of government in which the people are regulated by both federal and state governments.

What does the Commerce Clause give the federal government the power to do?

- regulate foreign and interstate commerce

What can states and local government make?

- laws that provide for the general welfare of its citizens.

Federalism is divided into what two powers?

- federal and state

What is associated with state powers?

- police powers

What is associated with federal powers?

- express and implied

What happens if state law & federal law conflict?

- In case of direct conflict between state and federal law, state law is invalid.

What state or country has the longest Constitution in the world?

- Alabama

What is jurisdiction?

- the authority to act in a certain situation. The power of a court to hear a case and render judgments.

What is original jurisdiction?

- the authority of a court to hear a case for the first time.

Describe the federal district court.

- These are trial courts where cases originate. (original jurisdiction)

The US supreme court is the what?

- highest court in the land and is located in D.C.

It is a court of _____ as well as a court of ______

- review (appellate jurisdiction)

- first impression (original jurisdiction)

For the Supreme Court, the appellate review is only when what?

- the original case involves a

question of federal law or a constitutional issue.

To begin a case in the supreme court...

- the party requesting appeal must file a Petition for

Writ of Certiorari. At least 4 justices must vote to grant the

writ.

What is a contract?

- an agreement between 2 or more parties supported by consideration.

What are the 4 elements required in a contract?

1. Mutual consent

2. Consideration (payment)

3. Capable parties (legal age and sound mind) and

4. Legal subject matter

What is the difference between a bilateral and unilateral contract?

- bilateral: both parties make promises to perform

- unilateral: the offer is accepted by performanc

In a unilateral contract, once performance has begun, can the offeror revoke the offer?

- no

Your grandmother is proud that you're attending veterinary school and promises to give you $10,000 when you graduate. After graduation, she changes her mind.

Is this a contract or a gift? Is she legally obligated to pay? Why?

- It is a gift, and Grandma is generally NOT obligated to pay.

- Grandma promised you money.

- You did not promise to do something for Grandma in exchange for the money.

- Graduating from veterinary school was not a bargained-for exchange

What is consideration?

- a promise, performance, or a forbearance bargained for by a promisor in exchange for their promise. Something of value given to someone in exchange for goods, services, or some other promise.

Does a contract need to be in writing to be valid and enforceable?

- No

What is the statute of frauds? Give some examples.

- certain types of contracts must be in writing

- ex: marriage, year, land, execurtor, goods, and suretyship (MYLEGS)

Which rule specifies that the terms of contract "acceptance" may not vary or differ from the terms of the "offer" for a binding contract to be formed?

- mirror image rule

What is the mirror image rule?

- acceptance must match the material terms of the original offer for a contract to be formed under traditional common-law rules.

What are the defenses to performance?

- impossibility and impracticability

Is this an example of impossibility or impracticability?

A agrees to build a gameday porch onto B's house for $20,000. A week before construction begins, B's house burns down. A can no longer perform its contractual obligations.

- impossibility

Is this an example of impossibility or impracticability?

A agrees to build a gameday porch onto B's house for $20,000. Before construction begins, the cost of concrete and lumber triple. The materials alone would cost A $25,000.

- impracticability

What is the U.S.

Laboratory Animal

Welfare Act (AWA)?

- Dog and cat dealers and

laboratories that purchase

them must be licensed and

inspected by the U.S.

Department of Agriculture

and adhere to humane

standards established by

the Secretary of Agriculture.

What does the AWA apply to?

1. Research: Animals used in scientific experiments.

2. Teaching: Animals used for educational purposes.

3. Exhibition: Animals displayed in zoos and other regulated exhibitions.

4. Transportation: Humane handling and transport of covered animals.

5. Breeding and sale: Certain animals bred or sold for research, exhibition, or use as pets.

What is the Institutional Animal Care & Use Committee (IACUC)?

- a self-regulating entity that,

according to U.S. federal law,

must be established by institutions that use animals

for research or instructional purposes to oversee and evaluate all aspects of the

institution's animal care and use program.

Who must be on an IACUC?

- a veterinarian, practicing scientist, nonscientific member, and public member

What is Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC)?

- a private, nonprofit organization that promotes high standards of animal care in research and education through accreditation.

Is AAALAC mandatory?

- no, it is voluntary but it demonstrates high standards of animal care

What is a primary goal of the AWA?

- Prevent stolen pets and improperly obtained dogs and cats from entering research facilities.

What are the requirements of companies that supply animals to research facilities?

- Animal dealers supplying research facilities must be appropriately licensed.

- Research facilities must obtain dogs and cats from licensed dealers when purchasing them.

- Dealers are subject to USDA oversight and inspections.

- Dealers must follow applicable humane handling, care, and transportation regulations.

What is the united states fish and wildlife service (USFWS)?

- a federal agency responsible for protecting, conserving, and managing wildlife and enforcing federal wildlife protection laws.

What are the main responsibilities of the USFWS?

- Enforces federal wildlife laws protecting migratory birds, endangered species, and other protected wildlife.

- Issues permits for activities involving protected wildlife, including rehabilitation, possession, and scientific research.

- Regulates possession and transportation of protected wildlife.

- Oversees wildlife rehabilitation involving federally protected species.

What are some laws associated with the USFWS?

- migratory bird treaty act

- bald and golden eagle protection act

- endangered species act

What are some permit types associated with the USFWS?

- eagle exhibition

- rehabilitation

- salvage

- scientific collection

Licensed veterinarians ________ required to obtain a

Federal migratory bird permit to temporarily possess,

stabilize, or euthanize sick and injured migratory

birds.

- are not

Do veterinarians automatically have permission to possess or treat wildlife simply because they have a veterinary license?

- No

What are some things that veterinarians must consider when treating a client-owned wild animal?

1. Legal possession: Determine whether the client is legally allowed to possess the animal.

2. Proper permits: Verify that the client has the necessary federal and/or state permits.

3. Species restrictions: Determine whether the animal is native wildlife, exotic, captive-bred, or wild-caught.

4. Veterinary limitations: Follow federal, state, and local laws governing treatment and possession.

What are some federal regulations when treating migratory birds?

1. Veterinarians may temporarily possess, stabilize, or euthanize sick or injured migratory birds without a federal migratory bird permit.

2. Birds must be transferred to a federally permitted rehabilitator within 24 hours after stabilization, unless euthanized.

3. USFWS must be notified immediately when receiving a threatened or endangered species.

4. Records of migratory birds must be maintained for 5 years.

Which conditions of birds require euthanasia according to USFWS?

- blindness

- injuries requiring leg, foot, or wing at elbow or above amputation

- inability to feed itself

- inability to perch upright

- inability to ambulate without causing additional injury

What must be obtained before euthanizing a threatened or endangered migratory bird, as emphasized?

- Authorization

Why is euthanasia required?

- The primary goal of wildlife rehabilitation is release back into the wild, not keeping animals permanently in captivity.

- DO NOT treat to place

In Alabama, which species of wildlife cannot be rehabilitated?

- Rabies Vector Species (raccoons, skunks, bats, and foxes)

Veterinary malpractice occurs when what?

- a veterinarian fails to use the ordinary skill, knowledge, and competence expected of a reasonably qualified veterinarian under similar circumstances.

Veterinary malpractice is failing to meet the what?

- standard of care

What is the difference between malpractice and inherent risks?

- An inherent risk is a known, unavoidable complication that can occur during a veterinary procedure even when the veterinarian follows the appropriate standard of care.

What are the 4 elements involved in a malpractice claim?

1. duty of care: The veterinarian had a professional responsibility to the patient.

2. breach of duty: The veterinarian failed to meet the expected standard of care.

3. causation: The veterinarian's failure caused or contributed to the injury.

4. damages: The client suffered a legally recognized loss.

It is estimated that ____ % of all claims are related to some

breakdown in communication

- 70%

What is the best defense for a malpractice claim?

- thorough medical records

What is a board compliant?

- a complaint filed with the state veterinary licensing board alleging professional misconduct or violations of veterinary practice standards.

What are some reasons why a board complaint may result in disciplinary action?

- Inadequate medical records.

- Failure to perform or document appropriate examinations.

- Failure to investigate abnormal clinical findings.

- Inappropriate treatment or patient monitoring.

- Failure to communicate important changes in a patient's condition.

- Violations of veterinary practice laws or regulations.

What does professional liability (PL) insurance provide?

- coverage for allegations of veterinary malpractice or negligence and may pay covered damages resulting from malpractice.

What does PL insurance cover?

- Allegations of professional negligence.

- Covered financial damages resulting from malpractice.

- Legal defense expenses, depending on the policy.

What does PL insurance not cover?

- Goodwill gestures: Voluntary payments intended simply to make an unhappy client feel better.

- Patient mortality insurance: Insurance that pays solely because an animal dies, regardless of negligence.

What Actions Increase the Risk of Malpractice After an Adverse Outcome?

- poor communication

- inadequate medical records

- failure to protect client and patient safety

- failure to respond appropriately to an error

What does the food and drug administration (FDA) oversee?

- Oversees all prescription and over-the-counter drugs used in human and veterinary medicine