Interpreting an old Act for modern purposes

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Peter Jinman, president of the Royal College of Veterinary Surgeons, discusses the College's new Code of Professional Conduct.

In your role as regulator of the veterinary profession, the Royal College of Veterinary Surgeons (RCVS) draft Code of Professional Conduct for Veterinary Surgeons is currently going through a period of consultation. What is the purpose of the new Code?

Fundamentally there is an old Act of Parliament (Veterinary Surgeons Act 1966) with which the RCVS has to work and we are trying to ensure that we can interpret that Act in a way that fits current needs. Regulation of professions has moved on, but we are working against the backdrop of an Act that is inflexible and therefore somewhat restricting.

The question for the College is how we can interpret the Act for the benefit of animals, the public and the profession, in a way that meets modern requirements.

What differences are there between the existing Guide to Professional Conduct and the new Code of Professional Conduct?

The purpose of the Guide to Professional Conduct and the proposed new Code of Professional Conduct is to provide a benchmark for professional standards and to set out the principles governing the conduct of veterinary surgeons and their responsibilities.

When I go around the vet schools and talk to the students due to graduate next year, I show them the current Guide, saying if you want to know the answer to a question, it will most likely be in here. The typical response is: where within the Guide can the information be found? So, compared with the Guide, the proposed Code is shorter, simpler, has clearer language and is more focused.

The aim is to make the Code user-friendly for the profession, so that there is clarity as to roles and responsibilities. We also needed to make sure that the language used could be sufficiently understood by the public.

Although the new Code is shorter than the Guide, there will be additional supporting advice. When the Code is finalised, people will be able to go on to the internet, find a particular section that is appropriate, click on the link and view additional and related advice.

What level of feedback are you expecting from both professionals and the public as a whole?

We hope to receive a good level of feedback. As ever with a consultation, the more feedback we receive, the more we can understand and adapt accordingly.

We want the profession to respond, and we want the public to respond. We are also keen for MPs to become involved in the process – ultimately, the new Code will provide assistance to both them and their constituents.

What the College can't do is change the Act, but we can ensure that we interpret the Act in a way that is helpful.

Of course, if MPs wish to change the Act, we can assist them in that!

In the meantime, we are not standing still. Defra is likely to be consulting on a Legislative Reform Order in the coming months, which provides a short-term solution to reforming one difficult area of the Veterinary Surgeons Act and will provide better, fairer and more effective regulation, by allowing the RCVS to constitute its key disciplinary committees independently of the College Council

What are the primary responsibilities of veterinary surgeons, to both animals and their owners, as outlined in the Code?

The draft Code sets out quite clearly what should be viewed as the principal responsibilities of a veterinary surgeon – the welfare of the animal is clearly the starting point, and is at the very heart of the profession.

There are references to professional competence, integrity, honesty, independence, impartiality and client confidentiality. These are all areas that we must consider.

The document itself sets out in sections the responsibilities of vets with regard to animals, clients and the profession. Through the division of the Code in this way, we are trying to ensure that the public and the profession are clear as to where different responsibilities lie.

The Code refers to responsibility of veterinary surgeons to animals and their owners, but what role and responsibilities do animal owners have in ensuring the health and welfare of their animals?

Fundamentally, the responsibility for the animal's welfare lies with the owner. The Animal Welfare Act was very helpful in setting that out.

Veterinary surgeons can be put in a rather difficult position, with many people, often including vets themselves, believing that they should be taking on greater responsibilities for an individual animal's health and welfare.

It is critical for the public to understand this point to assist in building the partnership between an animal owner and the veterinary surgeon, into whose care an animal will be entrusted. The veterinary surgeon has a series of responsibilities, which the Code details, and animal owners must also play there part.

For example, when an animal is well, most owners do not perceive any problems and do not plan ahead, however, the moment the animal falls ill, there can be a feeling of panic and confusion. The veterinary profession has made a commitment to 24/7 availability of emergency care, but such provision may not be at an animal owner's usual practice. There may be an arrangement in place with another local practice.

The key to dealing with this lies in animal owners planning ahead, when the animal is well, and creating contingency plans for if it falls ill. This kind of planning is part of the responsibility of being an animal owner

The costs of having an animal also need to be appreciated. The cost to the profession of providing a 24/7 emergency service is high, and this is reflected in costs to the client. Being aware of this, and making provision for this, is the responsibility of the owner.

How is the relationship between the College and veterinary surgeons outlined in the Code?

There are specific sections in the Code that focus on the veterinary team, professional responsibilities and the responsibility to the RCVS as regulator.
The College has also recently undertaken a rebranding exercise to help the profession and public better understand the role of the RCVS and its relationship with the profession.

A key part of the rebranding exercise was the development of a new strapline that outlines the RCVS's role as regulator: 'setting veterinary standards'. We had found that the old statement – 'promoting and sustaining public confidence in veterinary medicine' – was deemed confusing and people did not know whether we were promoting the profession or protecting the public.

We hope that the new line will dispel some of this confusion and help the public – and the profession – to understand that we are here to set and maintain standards of veterinary care and, in doing so, maintain the health and welfare of animals.