Actions the RCVS can take against veterinary surgeons
Removal from the Register
The RCVS can suspend or remove – strike off – veterinary surgeons from the RCVS Register. Striking off a veterinary surgeon is a serious action to take, as it means the veterinary surgeon can no longer practise and may lose his or her livelihood. The RCVS does this to protect animals and the public.
There are three reasons why a veterinary surgeon may be removed from the register:
- They have behaved in a way that amounts to ‘disgraceful conduct in a professional respect’, sometimes referred to as ‘serious professional misconduct’;
- they can have been convicted of an offence that renders them unfit to practise;
- they have registered fraudulently.
Before a veterinary surgeon can be removed from the Register, there is a formal complaints and investigation procedure which must be followed.
The RCVS can only remove a veterinary surgeon from the Register if the Disciplinary Committee – a judicial tribunal that operates like a court of law – finds the complaint proved – ‘so as to be sure’.
After the Disciplinary Committee has announced its decisions, including any sanctions, there is a 28-day period during which the veterinary surgeon may appeal to the Privy Council. If no appeal is lodged, then the decision stands. If a struck-off veterinary surgeon wishes to be reinstated, he or she can apply for restoration (this must be at least ten months after being removed from the register). The Disciplinary Committee will then consider the application.
Suspension from the Register
The Disciplinary Committee may suspend a veterinary surgeon from the Register for a period of time. Veterinary surgeons may not practise whilst suspended.
After the Disciplinary Committee has announced its decisions, including any sanctions, there is a 28-day period during which the veterinary surgeon may appeal to the Privy Council. If no appeal is lodged, then the decision stands.
Once the suspension period is over the veterinary surgeon’s name is restored to the register.
Postpone judgement for a set time period
The Disciplinary Committee may offer to postpone judgement for a period of time not longer than two years if the veterinary surgeon concerned agrees to specific undertakings, such as undertaking to complete additional training, or to seek medical help.
The Disciplinary Committee must be satisfied that this will be sufficient to protect animals and the wider public interest.
The veterinary surgeon can practise during this period and may be required to provide regular updates to the Disciplinary Committee. Any costs incurred in meeting these undertakings and monitoring compliance are normally borne by the veterinary surgeon.
At the end of the postponement – or earlier if the Committee is not satisfied with the updates from the veterinary surgeon – the Committee will re-convene the inquiry to decide on the appropriate sanction.
At this hearing the Committee takes into account how far the veterinary surgeon has fulfilled these undertakings in deciding upon an appropriate sanction.
No further action
In certain cases, the Committee may decide to close the case with ‘no further action’ on the basis that the veterinary surgeon has sufficiently addressed the findings made against him or her.
Reprimand or warning
The Disciplinary Committee may issue a reprimand or warning as to future conduct. Reprimands and warnings may be taken into account in any future complaint against a veterinary surgeon.
A reprimand or warning may be appropriate where the misconduct is at the lower end of the spectrum of seriousness, there is no future risk to animals or the public and there is evidence of insight.
Dismiss the case
If the Committee does not find the facts of the case to proved to the standard ‘so as to be sure’, or that the facts do not amount to serious professional misconduct or that the conviction does not render them unfit to practise or has not registered fraudulently, they will dismiss the case.
Give formal advice
The RCVS can also give formal advice to a veterinary surgeon. If the veterinary surgeon is involved in any further complaints, we may take into account the advice that has been given to them previously.
Will my constituent receive any compensation?
The RCVS has no powers either to fine veterinary surgeons or to award compensation to their clients. Any claim for compensation would need to be pursued though the civil courts.
What happens when someone is removed from the register?
It is a criminal offence to practise as a veterinary surgeon unless appropriately registered with the Royal College of Veterinary Surgeons (section 19 of the Veterinary Surgeons Act 1966).
If a person’s name has been removed or suspended from the RCVS Register they must not practise as a veterinary surgeon, for example, examining animals, making diagnoses or giving veterinary advice or treatment, even under the direction of another veterinary surgeon at the practice. Furthermore, they must not hold themselves out as a veterinary surgeon.
Veterinary practices may be owned and managed by non-veterinary surgeons, however, there must be a clear distinction between managing or working within a veterinary practice and practising veterinary medicine.
Veterinary surgeons who have been removed or suspended from the Register are advised that while their name is removed from the Register they may not practise veterinary surgery or medicine in the UK or hold themselves out as being prepared to do so. They may not describe themselves as a UK veterinary surgeon or a member of the Royal College of Veterinary Surgeons. This means, among other things, that their name should be removed from, or covered over on, any professional plates, practice stationery or any other professional items on which it may appear.
Those who are removed or suspended from the Register and continue to work or assist in the practice in which they have previously worked should be careful not to hold themselves out as veterinary surgeons and, if necessary, explain the situation to clients. Lay staff in the practice should be made aware of the situation and the veterinary surgeon(s) from whom veterinary advice should be sought.
