Chapter 6: Veterinary Ethics and Legal Issues

Chapter Objectives

  • Upon completion of this chapter, the reader should be able to:

    • 6.1 Discuss the differences between ethical and unethical practices

    • 6.2 Discuss veterinary responsibilities related to emergency care

    • 6.3 Describe the Veterinary Practice Act

    • 6.4 Explain the Rules and Regulations of the Veterinary Practice Act

    • 6.5 Demonstrate professional responsibility in veterinary medicine

    • 6.6 Describe the difference between common law, state law, and federal law

Introduction

  • Veterinarians and Veterinary Staff Members

    • Must uphold a standard of ethical conduct.

  • Veterinary Practice Act

    • Outlines ethics and laws within the profession.

    • Many practices go beyond the laws to determine specific rules and regulations for the facility.

Veterinary Ethics

  • Ethics

    • Defined as the rules that govern proper conduct, often based on higher standards than minimal legal requirements.

    • Dictate moral conduct of veterinarians and their professional staff members.

  • Veterinary Medical Ethics

    • Established by the American Veterinary Medical Association (AVMA).

    • Principles include putting the patient’s needs first and alleviating suffering and pain in animals.

    • Fulfilling these obligations is considered ethical; failing to fulfill these obligations is unethical.

Examples of Unethical Practices

  • Not following the laws pertaining to the Veterinary Practice Act.

  • Misrepresentation as a veterinarian (working without a valid license).

  • Slander: speaking negatively about other veterinary professionals.

  • Violating confidentiality agreements.

  • Practicing below the established standards of patient care.

  • Substance abuse issues among veterinary staff members.

  • Committing animal abuse or neglect.

  • Prescribing medication without a Veterinary-Client-Patient Relationship (VCPR).

Veterinary-Client-Patient Relationship (VCPR)

  • Veterinarian Responsibilities:

    • Required to examine an animal prior to making any diagnosis or providing treatment, surgeries, prescription medications, or prognosis.

    • Must maintain VCPR within a one-year timeframe to provide ongoing services.

    • Obligation to re-examine patients annually to uphold legal responsibilities to both clients and patients.

    • Required to continue the standard of care for the patient, including emergency services.

  • Ending the VCPR:

    • Clients can terminate the relationship at any time.

    • Veterinarians may only end the relationship after treatment of the animal is concluded.

Medical Records and Confidentiality

  • Confidentiality of Medical Records:

    • Medical records are considered confidential and can only be shared among involved staff during patient care.

    • Personal client information cannot be disclosed without proper authorization.

    • Medical records are the property of the veterinary facility, not the client or veterinarian.

    • Clients may request copies of their records in writing, but the physical copies remain with the veterinary facility.

Veterinary Laws and Veterinary Practice Acts

  • Veterinary Practice Act:

    • Outlines the rules and regulations governing veterinary professionals.

    • Varies by state, regulated by the State Board of Veterinary Medicine.

    • Requires licensed veterinary professionals to attend Continuing Education (CE) seminars.

    • Mandates that veterinarians provide either direct or indirect supervision:

    • Direct Supervision: Veterinarian must be present in the same room.

    • Indirect Supervision: Veterinarian must be on the premises and readily available to assist.

Veterinary Common Law

  • Common Law:

    • Established through legal precedents.

  • Statutory Law:

    • Based on written laws enacted by government bodies.

  • Legal Status of Animals:

    • Animals are treated as private property.

    • Owners have rights related to damage, loss, or injury to pets.

  • Liability for Veterinary Facilities:

    • Veterinary facilities can be held liable for malpractice.

    • Malpractice: Professional failure to meet the standard of practice.

    • Negligence: Failure to act according to required standards of care.

Preventing Malpractice and Negligence

  • Important practices to minimize risks:

    • Document all aspects of client interactions and treatments in the medical record.

    • Provide client estimates and obtain signed consent forms.

    • Ensure all windows, doors, and drug cabinets are locked for security.

    • Provide leashes and carriers for small pets to prevent escapes.

    • Proper animal restraint should only be conducted by trained personnel.

    • Keep hospitalized animals separate to prevent injury and stress.

    • Use identification cards and neckbands on all hospitalized patients.

    • Record the use of controlled substances in a daily-maintained log.

    • Regularly check for safety hazards and post signage warning clients about potential risks.

    • Comply with Occupational Safety and Health Administration (OSHA) regulations.

Proving Malpractice and Negligence

  • Three Essential Elements to Prove Negligence or Malpractice:

    1. The veterinarian agreed to treat the animal.

    2. The veterinarian failed to provide necessary treatment, violating legal obligations to the animal.

    3. The animal suffered neglectful injury.

  • Application to Other Staff:

    • Malpractice and negligence principles also apply to veterinary technicians, veterinary assistants, and non-licensed employees.

Federal Veterinary Laws

  • Various federal laws influencing veterinary practices include:

    • Occupational Safety and Health Administration (OSHA):

    • Governs workplace safety regulations.

    • Americans with Disabilities Act (ADA):

    • Prohibits discrimination against employees with disabilities.

    • Fair Labor Standards Act (FLSA):

    • Governs wages, overtime, and regulations concerning child labor.

    • Equal Employment Opportunity (EEO):

    • Protects employees against discrimination and provides a basis for wrongful termination lawsuits.

    • Animal Welfare Act:

    • Regulates the treatment and handling of animals in veterinary care.

Knowledge Check

  • Question: Which type of law protects against discrimination in the veterinary workplace?

    • Correct Answer: Equal Employment Opportunity (EEO) laws protect against various forms of discrimination.

Medication Regulations

  • Food and Drug Administration (FDA):

    • Sets standards for the manufacturing of food additives and medications used with animals.

    • Ensures the safety, efficacy, and security of both human and veterinary medicinal products.

  • Drug Enforcement Agency (DEA):

    • Responsible for monitoring controlled substances and establishing veterinary DEA licenses.

    • Requires controlled substances to be securely locked and logged upon being prescribed.

Medical Waste Management

  • Disposal regulations vary by state and locality.

  • Common veterinary waste includes:

    • Needles and syringes.

    • Vials containing live vaccines.

    • Vials containing controlled substances.

    • Animal remains potentially exposed to infectious diseases.

    • Bodily fluids from animals, such as tissue and blood.

Controlled Substances

  • Controlled Substances:

    • Also known as scheduled drugs, recognized for their potential for abuse and addiction.

    • Legally required to be stored in locked cabinets.

    • Regulated by the DEA based on the potential for abuse.

    • Dispensing requires a DEA license and maintenance of a controlled substance log.

Summary of Veterinary Professional Expectations

  • Veterinary professionals are expected to:

    • Adhere to both veterinary ethics and legal statutes.

    • Be knowledgeable and observant of applicable laws.

    • Maintain a professional demeanor and approach to care.

    • Ensure high-quality standards of care for both patients and clients.

Clinical Situations

  • Clinical Situation 1: A distressed client arrives with a bleeding dog needing immediate attention.

    • Juan, the veterinary assistant, ethically assesses the situation, acknowledges the severity, and gives advice but cannot treat the dog without a veterinarian present.

  • Clinical Situation 2: The client is frustrated with Juan's inability to assist further and is referred to an emergency clinic. Despite their distress, Juan maintained ethical guidelines by not overstepping his role.

Clinical Situation Questions

  • Questions to consider regarding Juan's actions:

    • What did Juan do that was ethical in this scenario?

    • What actions could be deemed unethical?

    • How could Juan have better managed the situation?

Self-Assessment Questions

  • Consider the challenges faced in this chapter and thoughts on mandatory continuing education for veterinary professionals. Reflect on the most important skills covered and ways to improve them.