The programme, which will look at the achievements and contributions of people of African and Afro-Caribbean descent, will see Dr Greene being interviewed by presenter Alex Beresford alongside a number of other prominent black Britons including athlete and broadcaster Colin Jackson, publisher and author Margaret Busby, Mayor of Bristol Marvin Rees, and nurse and academic Dame Elizabeth Anionwu.
Mandisa said: “I am immensely honoured to be the first Black President of the RCVS and to use this opportunity to speak to the black community, and indeed all communities, about my love of veterinary science and the importance of the work we do in safeguarding animal health and welfare and wider public health.
"I am a great believer in the phrase ‘if you see it, you can be it’ and I hope that my various talks this month and, particularly the upcoming ITV documentary, will help people recognise that veterinary professionals can come from a diverse range of backgrounds and that, provided they have the drive and the ambition, there should be no barriers to them meeting their dreams."
A petition to protect the title Veterinary Nurse has received an impressive 1,285 signatures, including many from veterinary surgeons, and an official response from HM Government.
The petition, which was started by VetNurse.co.uk member Nick Shackleton Dip AVN (Surgical) VN on 6th June last year, explained: "The title veterinary nurse at present is not a protected title. A lot of people who work in practice call them selves veterinary nurses, when they have no theoretical training in such a position. As qualified nurses we feel that this issue should be addressed so that the general public are no longer confused as to the qualification and hopefully make them more aware of the hard work it is to gain the qualification. As we are heading for autonomy within the profession I think it is right and fitting that the title should be protected."
The Government response, whilst predictably noncommittal, did at least seem to recognise the issue: "The Royal College of Veterinary Surgeons (RCVS) maintains the Statutory List of veterinary nurses. In order to qualify, nurses must undergo a two-year period of vocational training which is assessed at work and through examination by the RCVS Awarding Body.
On being added to the Statutory List they are entitled to undertake a range of veterinary treatments and procedures on animals under veterinary direction. Only listed nurses are entitled to use the post-nominal letters 'VN'. The RCVS are introducing new arrangements for 'registered' veterinary nurses which provides greater accountability and transparency for those nurses whose names are entered on the register. These arrangements run in parallel with the Statutory List.
Some veterinary practices may employ staff who do not carry out the duties of a veterinary nurse but possibly use that title or wear a uniform which might imply that they are a trained veterinary nurse. We appreciate that there are issues surrounding best practice that the RCVS and the Veterinary Nursing Council to address.
It is generally accepted that the arrangements for regulating veterinary nursing could be modernised. This would, in due course, help provide greater protection for the title of veterinary nurses. Although Defra currently has no plans to undertake a fundamental review of the Veterinary Surgeons Act, we are regularly in touch with the RCVS to better understand its priorities for regulatory reform.
The RCVS Disciplinary Committee has dismissed charges of serious professional misconduct against a veterinary surgeon and former employee of Medivet (Watford).
Tomasz Nazimek, who qualified in Poland in 2001 before starting work in England in 2005, was alleged to have charged for the use of a blood pressure monitor during an exploratory laparotomy on a cat called Mitzi, whilst working at the Watford branch of Medivet in June 2009, when he knew, or ought to have known, it had not been used.
Despite his previous signed statements to the contrary, Mr Nazimek admitted at the outset of the hearing that no blood pressure monitor had in fact been used.
Accordingly, the Committee only had to establish whether Mr Nazimek himself had entered the fee for its use into Mitzi's records and, if so, whether this was done dishonestly.
The alleged incident came to light as a result of a covert investigation into Medivet conducted by the television production company Fulcrum TV in 2008/9, and subsequently commissioned by the BBC and broadcast in July 2010 as part of the Panorama programme 'It Shouldn't Happen at a Vets''.
Former dental nurse Alexandra Lee was employed by Fulcrum TV as an undercover reporter to work as a 'trainee veterinary nurse' at Medivet, in order to record audio and video footage of her experiences there.
The case against Mr Nazimek was based partly on a conversation overheard by Miss Lee following the operation on Mitzi, where she maintained that Guy Carter, a senior Medivet partner and veterinary surgeon, told Mr Nazimek (who was sitting at the practice computer typing up Mitzi's records) not to forget to include a fee for use of the blood pressure monitor.
However, Miss Lee's equipment had not recorded this exchange, due to a fault, and her video diary of that day's events was not put in evidence before the Committee. Miss Lee also accepted in evidence that she had not actually seen who entered the fee into the records, but had assumed it was Mr Nazimek.
Despite giving serious consideration to all of Miss Lee's evidence, the Committee found it of limited value.
The Committee considered the statements signed by Mr Nazimek, but prepared for him by the Medivet senior management in December 2009 and October 2010, which stated that he had used the monitor, consulted Mr Carter about charging for it and then added the fee himself.
The Committee also considered a third statement provided to the College (September 2011), in which Mr Nazimek recalled that Mr Carter had priced up the operation himself, but not asked for his input.
When questioned about the discrepancies in his statements, Mr Nazimek told the Committee that he had confused different operations and now knew his earlier statements to be wrong.
He indicated that he had been under pressure from his then employers to sign the statements, that his attempts to change them were ignored by Medivet's managing partners and that he was depressed and under stress at the time.
He was not told that the statements could be in relation to charges against him, or that he was entitled to legal advice when discussing them with his employers.
The Committee found Mr Nazimek's oral evidence to be persuasive, his manner open and his responses under cross-examination frank.
In the absence of satisfactory and reliable evidence to the contrary, and in view of supportive testimonials provided from his current employer and former colleagues as to his honesty and integrity, the Committee found Mr Nazimek's repeated assertion that he did not make a charge for the monitor "entirely plausible" and believed that he told the truth.
Nevertheless, the Committee emphasised that a charge for the monitor had been entered into the records when no such device had been used, which it regarded as unacceptable.
Speaking on behalf of the Committee, Chairman Professor Peter Lees said: "The Committee is not satisfied by the evidence so that it is sure that [Mr Nazimek] entered into the records for Mitzi a charge for the blood pressure monitor. [It] believes that [Mr Nazimek] told the truth when giving his evidence and the character references support his honesty.
"In these circumstances, it is not necessary to consider the charges further and the allegations against [Mr Nazimek] are dismissed."
NOAH's third Brexit Barometer found that where in the last report, 17% of its members reported feeling 'very' or 'somewhat pessimistic', that figure has now risen to 32%.
Meanwhile, the National Audit Office has revealed in its 'Progress in Implementing EU Exit' report that Defra has been prevented from consulting with the veterinary market by DExEU.
The report states that Defra is one of the government departments most affected by EU Exit and looks in detail at four of Defra’s main workstreams, including ‘import of animals and animal products’ and ‘exports of animals and animal products’.
In an accompanying press release, the National Audit Office notes that in a no-deal scenario there will be a significant increase in certificates needing to be processed by veterinary surgeons. It says: "Without enough vets, consignments of food could be delayed at the border or prevented from leaving the UK. Defra intended to start engaging with the veterinary industry in April 2018, but has not been permitted to do so and now plans to launch an emergency recruitment campaign in October to at least meet minimum levels of vets required. It plans to meet any remaining gaps through the use of non-veterinarians to check records and processes that do not require veterinary judgement."
The BVA says it has previously outlined concerns about the potential for diluting veterinary certification, and is calling on the Government to fully engage with the veterinary profession before making any changes that could impact the UK’s ability to trade animal products safely and in line with high animal welfare standards.
The RCVS has also weighed in. Amanda Boag, RCVS President, said: "We are glad to see the National Audit Office report recognises that a ‘no deal’ Brexit scenario would be likely to reduce the supply of EU veterinary surgeons to the UK and cause uncertainty regarding the status of those EU veterinary surgeons who are currently living and working in the UK and that this would have a particularly serious impact on necessary veterinary work in public health and certification.
"We continue to engage with Defra and, like the BVA, we want to emphasise the essential need for Government to consult with the profession to ensure their plans meet requirements, including maintenance of the high veterinary standards for which the UK is known. We also want to highlight the importance and value of the veterinary profession in other areas of society including caring for pets, horses and farm animals as well as research, education and industry, and emphasise the impact of workforce shortages on all sectors."
The programme, which was developed in collaboration with the NHS Leadership Academy, is designed to teach a number of skills that underpin good leadership, including decision-making, resilience, implementing an inclusive culture and encouraging reflective learning approaches. It comprises two free-to-access courses and an optional paid for assessment.
The College says that one of the programme's most popular aspects is its audio drama, which follows the lives of veterinary professionals living in the fictional county of Glenvern. The stories that depict the characters’ working lives seek to reveal the diverse leadership challenges that veterinary professionals face on a day-to-day basis. This in turn prompts the listener to reflect, consider how they would respond, and learn from their own experiences as well as those of other people.
The first course was piloted this summer, with over 550 veterinary surgeons, veterinary nurses, students and practice managers helping the College to develop and refine the material, whilst a group of learners are currently piloting the second course in the series.
Simon Patchett MRCVS, who works at Vets Now 24/7 Emergency and Specialty Hospital, Glasgow, said: "This course really highlighted leadership qualities that are often taken for granted. The course demonstrates that you do not need a status position in order to demonstrate effective leadership even though status positions are often where we look for leadership. I would recommend this course to both vets and nurses in clinical practice - it's a real eye opener, and as a result of doing the course perhaps we can see less age-restricted approach to leadership within the veterinary profession?"
Given the overwhelmingly positive feedback received on the first course the RCVS has now opened the programme to all veterinary professionals.
The programme is now accepting registrations for a new cohort of learners to begin the first of three courses on 26th November. A ‘sign-up’ email will be sent out to all veterinary surgeons and veterinary nurses ahead of the course starting.
Director of Leadership and Innovation at the RCVS, Anthony Roberts, said: "I am very pleased to be able to announce the launch of this programme. I would urge anyone with an interest in developing their leadership skills, as well as those looking to refine their longstanding leadership skills, to take part. The feedback we have received on the first course in this programme [please see Notes to Editors] has shown us that this MOOC has a far-reaching application, and is both educational and enjoyable. Whether you are a vet, veterinary nurse, practice manager or student, this programme will be relevant and useful in your professional career."
For more information, visit: www.rcvs.org.uk/leadershipmooc or email: leadership@rcvs.org.uk
In his talk, 'Digital Veterinary Practice', Adam presents an exciting and compelling vision as to how technology will transform the profession and enable veterinary surgeons to offer better care to more patients.
His talk begins with an interesting look at how technological change has gathered pace in recent years, before considering some of the emerging technologies that could be applied to veterinary practice.
In particular, he talked about the so-called 'Internet of things': the way more and more 'things' other than computers are connected to the Internet.
There are now about 9bn 'things' connected to the internet, by 2020 there are expected to be 50bn. Adam predicted that more and more of them are going to be worn by animals: to measure reproductive health in farm animals; to track performance in equines; and to monitor behaviour and activity in companion animals.
Adam discussed how there is already a smart litter box which measures an animal’s habits, an oral pill camera that can take 360 degree internal photos, 3D printed drugs and digitised microscopy. By uniting these technologies with increasingly accurate virtual reality technology, he said, long-distance examinations could become a real possibility.
In relation to the role of the RCVS, Adam explored how the profession could be proactive in engaging with these technologies, such as by: using regulation as a mechanism to attract 'disruptors' to work alongside the profession; identifying areas of retraining and creating targeted learning opportunities; fostering an entrepreneurial mindset; creating an early-adopter network of practices to foster initial collaboration; and framing industry challenges as targeted problems whose solutions can be crowd-sourced.
Earlier this year, the RCVS Council approved the roll-out of a more outcomes-based model of CPD to encourage veterinary professionals to engage in greater reflection on learning and development, and the impact that it has on their professional practice.
To support this approach, Council also approved the development of a new CPD recording platform designed to be more intuitive and to make it easy to record CPD in real time.
The College says the new platform – which has the working title of 'One CPD' – will be a ‘one stop shop’ CPD management solution for veterinary surgeons and nurses at all stages of their careers, including veterinary students and student veterinary nurses.
Richard Burley, RCVS Chief Technology Officer, said: "We’re excited to open up access to this powerful, next-generation, tool we’ve been building and welcome our members into an important phase of the development process. Testing with our members will be absolutely critical in delivering the very best experience possible for all those that use 'One CPD' in the future. Ease of use and truly valuable functionality are key deliverables for us and both these need the feedback of our members to perfect."
Dr Linda Prescott-Clements, RCVS Director of Education (pictured right), added: "The first stage of the development of the CPD recording platform is due to finish in October and so we are looking for a cohort of both veterinary surgeons and nurses who can spend a few months this autumn using the new platform to record and reflect on their CPD, in order to test out some of the new features which aim to make this process so much easier to do. We will consider their feedback carefully in order to improve the recording platform ready for launch in January 2020.
"The new ‘One CPD’ platform will ultimately replace the current Professional Development Record, and its use will become mandatory for recording CPD from January 2022.
"In addition to setting up the testing group, we are also looking to meet with key CPD providers for veterinary surgeons and veterinary nurses over the coming months to discuss our plans for outcomes-based CPD and the development of the recording platform in greater detail."
Veterinary surgeons who'd like to take part in the testing for the CPD app, as well as CPD providers who want to discuss the College’s CPD policy plans, should contact Jenny Soreskog-Turp, RCVS CPD Officer, on cpd@rcvs.org.uk or 020 7202 0701.
The Disciplinary Committee considered a number of charges against Javier Salas Navarro MRCVS and Roman Kristin over 35 days.
The charges against Dr Navarro concerned his treatment of a kitten named Marnie. They included:
In August 2016, failing to read the anaesthesia consent form in relation to a surgical spay he performed;
When Marnie was readmitted for surgery, failing to read the anaesthesia consent form, failing to undertake adequate assessment of Marnie’s condition; performing surgery without adequately considering her condition; subjecting Marnie to anaesthesia without recognising the seriousness of her illness; failing to obtain informed consent from the owners; administering medication which was contra-indicated; and failure to make an adequate record of his involvement in Marnie’s care.
The charges against Dr Kristin also related to his treatment of Marnie. They included:
In August 2016, failing to undertake an adequate assessment of her condition; failure to recognise and record the fact that Marnie could not pass urine; failure to refer or offer her for specialist treatment; and failure to ensure Marnie received care and treatment overnight.
When admitting Marnie for surgery, that he made a number of clinical mistakes including failure to gain informed consent; and failure to recognise the seriousness of her illness;
that there were a number of failings in relation to Marnie’s care, including failure to arrange adequate overnight care, failure to monitor and record her condition, and failure to gain informed consent for the overnight care.
that he failed to advise Marnie’s owners that he suspected her uterers had been ligated during the spay, failed to advise Marnie’s owners that she required specialist veterinary treatment; and advised that Marnie undergo further surgery at the practice in spite of this meaning her having to undergo further anaesthesia in a week and with poor chances of survival;
that the above conduct was misleading and dishonest.
The Disciplinary Committee found a number of the facts in the charges against both Dr Navarro and Dr Kristin proven (the full details can be found in the documentation at www.rcvs.org.uk/disciplinary).
The Committee found that Dr Navarro breached a number of aspects of the Code of Professional Conduct for Veterinary Surgeons including: making animal health and welfare the first consideration when attending to animals; the provision of appropriate and adequate veterinary care; responsible prescription, supply and administration of medicines; communication with professional colleagues to ensure the health and welfare of the animal; being open and honest with clients and respecting their needs and requirements; effective communication with clients; keeping clear and accurate clinical records; and working with the veterinary team to coordinate the care of animals.
Of the proven charges, the Committee found that his initial failure to read Marnie’s anaesthesia consent form on 5 August did not amount to disgraceful conduct in a professional respect, but that the repetition of this failure on 9 August did amount to disgraceful conduct. It also found that Dr Navarro’s failure to undertake adequate assessment and perform surgery without this assessment amounted to serious professional misconduct. Furthermore, the Committee found that subjecting Marnie to anaesthesia in spite of her being unwell, failure to obtain informed consent and failure to keep adequate records also amounted to serious professional misconduct.
For Dr Kristin, in summary, the Committee found not proven the allegation that he had failed to respond on 5 August 2016 to concerns from Marnie’s owners about her condition while she was recovering from a surgical spay and also all the allegations relating to Dr Kristin’s admission of Marnie to the practice on 9 August on the basis that it was not satisfied so as to be sure that Dr Kristin had been the veterinary surgeon who admitted Marnie on that day.
The Committee found proven the remaining charges and found he breached the following parts of the Code of Professional Conduct for Veterinary Surgeons: making animal health and welfare the first consideration when attending to animals; keeping within area of competence and referring responsibly; providing appropriate and adequate veterinary care; responsible prescribing, supply and administration of medicines; communication with colleagues to ensure the health and welfare of the animal; being open and honest with clients and respecting their needs and requirements; communicating effectively with clients and obtaining informed consent; keeping clear and accurate clinical records; and working with the veterinary team to coordinate the care of animals.
Of the proven charges, the Committee determined that his failure to adequately assess Marnie’s health, to obtain a clinical history, to undertake blood tests and recognise that she was seriously ill, amounted to disgraceful conduct in a professional respect and led to “Marnie’s underlying condition going undetected and undoubtedly contributed to her eventual death two days later”.
The Committee also found that Dr Kristin’s decision to hospitalise Marnie without adequate overnight care, place her on IV fluids without monitoring the treatment or her condition, and failure to obtain adequate informed consent – among other things – amounted disgraceful conduct in a professional respect.
Stuart Drummond, chairing the Committee and speaking on its behalf, said: "As a direct result of Dr Kristin’s acts and omissions, Marnie was left alone overnight on fluids when those fluids had nowhere to go. Had he done his job properly he would have known that and Marnie could have avoided the prolonged suffering caused by the chosen course of treatment that did not address the underlying condition. Every element of Dr Kristin’s behaviour was catastrophic for Marnie, and yet he took no personal responsibility for her welfare and just went home.”
Following its findings on disgraceful conduct in a professional respect, the Committee then went on to consider its sanction for both Dr Navarro and Dr Kristin.
In respect of Dr Navarro, the Committee considered the mitigating factors including previous good character, admissions to some of the facts of the case from the outset; genuine insight and remorse into the seriousness of the actions; his youth and inexperience; and relevant and good-quality testimonials from colleagues. The Committee noted that the testimonials were universally positive and demonstrated that Dr Navarro had reflected on his conduct, had become more mature and confident in his practice and made efforts to rectify the areas in which he had fallen below standards.
Stuart Drummond said: “Although the consequences for Marnie and her owners were clearly devastating, the Committee considered that Dr Navarro’s part in her demise has to be seen in the context of all the evidence. In light of the extensive mitigation, including significant evidence of insight and remediation, the Committee was able to conclude that Dr Navarro did not represent a future risk to animals or the public. In such circumstances, the Committee considered that it was not necessary to restrict Dr Navarro’s registration and that a reprimand was the appropriate and proportionate sanction in his case.”
In relation to Dr Kristin, the Committee took into account positive character evidence from Mr Karel Daniel, a semi-retired veterinary surgeon and Vice-President of the Czech Republic Veterinary Chamber, a similar body to the RCVS in that country, as well as other testimonials on his behalf. In mitigation, the Committee considered Dr Kristin’s previously unblemished career, the fact that it was a single case involving a single animal; some development of insight into his conduct; no evidence of repetition; expressions of remorse; the impact of a family bereavement during the course of proceedings; and his financial position.
However, the Committee also took into account aggravating factors including a lack of candour from Dr Kristin when he was giving evidence, demonstrated by a tendency to blame others rather than take responsibility, as well as his recklessness in suggesting a third operation on Marnie that was not in her interests, rather than referring her into specialist care.
The final decision of the Committee on the sanction for Dr Kristin was that, given the seriousness of the misconduct, it was satisfied that this warranted a six-month suspension period. However, given the mitigating factors, the Committee decided that four months was appropriate and proportionate.
Commenting on the sanction Stuart Drummond said: “The Committee determined that it was important a clear message be sent that this sort of behaviour is wholly inappropriate and not to be tolerated. It brings discredit upon the respondent and discredit upon the profession and, most importantly, caused harm to Marnie and great distress to her owners.
"The Committee did consider whether to remove Dr Kristin from the Register. However, in light of the mitigation in this case, the fact that this was a single case in an otherwise unblemished career, together with the unlikelihood he would repeat his disgraceful conduct, the Committee decided that, in all the circumstances, to remove him from the Register would be disproportionate.
"The Committee therefore decided to order that the Registrar suspend Dr Kristin’s registration…. The Committee was satisfied that a period of four months was appropriate and proportionate in all the circumstances."
The full facts and findings from the case can be found at www.rcvs.org.uk/disciplinary
Unite and the British Veterinary Union (BVU) have written to the government asking for the Professional Standards Authority (PSA), which regulates such governing bodies as the General Medical Council, General Dental Council, and Nursing and Midwifery Council (NMC), to have 'scrutiny' of the RCVS.
In a letter to junior minister at the Department for Environment, Food and Rural Affairs, George Eustice, the BVU chair Dr Shams Mir cited the case of Munhuwepasi Chikosi struck off the register of veterinary surgeons by the RCVS in June 2013.
Dr Mir said that this case was "widely seen by the veterinary profession as blatant miscarriage of justice and many expressions of 'outrage' were published in the veterinary press and online.
"One popular online veterinary forum recorded over a thousand posts criticising and challenging various aspects of the decision."
The current statutory duties of the RCVS, established by Royal Charter in 1844, are determined by the Veterinary Surgeons Act (VSA) of 1966, which Unite says is now 'outdated.
Dr Mir said: "BVU petitions the government to extend the remit of the PSA to incorporate the RCVS to ensure appropriate overview and scrutiny.
"The RCVS proposed new Royal Charter could be exploited by the RCVS to give itself proxy powers to introduce incontestable new regulatory measures."
Unite has asked for an urgent meeting with Mr. Eustice.
Unite professional officer Jane Beach said: "Our initiative is designed to safeguard the interests of both the public, and practicing vets and veterinary nurses in the UK.
"Basically, the way that the RCVS is presently constituted means that it is both judge and jury in disciplinary matters. It sets the rules and hands down the judgements - and we believe that an extra layer of scrutiny needs to be introduced which we would like to be the PSA."
David, who is Head of Clinical Intelligence at Vets Now, came in eighth place with 1,756 votes in this year’s RCVS Council elections.
The place was originally offered to Dr Tom Witte, who came in seventh place. However, due to a change in personal circumstances, he decided not to accept.
Professor Stephen May, RCVS President, said: "The loss of such a young, talented and respected Council member as Sarah has been difficult to come to terms with and she is greatly missed by her fellow Council members and others amongst the profession.
"It is also important to recognise that the New Year will bring us fresh challenges and opportunities and we will face them best with a full complement of Council members. Therefore, I am delighted that David will be joining Council from January and is able to attend his first Council meeting, which will be held in committee, with us on Thursday 18 January.
"The circumstances under which David will be joining us have been extremely sad, but I am sure he will be an excellent addition to our team and I look forward to working with him."
More information about David Leicester, including his candidate biography and manifesto, can be found in the Council election booklet sent out earlier this year and available to download from www.rcvs.org.uk/publications. A video of David talking about what he would bring to RCVS Council can also be found on the College’s YouTube channel: www.youtube.com/rcvsvideos
Under the protocol trial, the RCVS can launch private prosecutions against unqualified people practising veterinary surgery or using the title 'veterinary surgeon'.
The College says that where breaches of the Veterinary Surgeons Act cross over to other criminal offences, for example, fraud by false representation, they will be more properly dealt with by the relevant police force.
Local authority trading standards agencies will also deal with issues around, for example, misleading courses that purport to lead to registration with the RCVS but do not; concerns about dog grooming businesses and concerns about dog breeding establishments (other than where there is illegal practice of veterinary surgery by unqualified persons).
Eleanor Ferguson, RCVS Registrar and Director of Legal Services, said: “This protocol recognises that there are constraints on the time, resourcing, and budgets of both the police and public prosecutors which means that the pursuit of these breaches of the Veterinary Surgeons Act, both of which carry minor criminal penalties, is not necessarily a priority.
“While we are always willing to work with the police and other agencies to pursue such breaches, the protocol details how we can act independently where appropriate and ensure we are fulfilling our stated ambition to safeguard the interests of the public and animals, as well as the reputation of the professions, by ensuring that only those registered with us can carry out acts of veterinary surgery.
“We would like to manage expectations around this trial period as we will only be launching private prosecutions where they meet the criminal evidential standards of ‘beyond a reasonable doubt’ and it is judged to be in the public interest to do so.
"We will also be relying on members of the professions and the public to report breaches and provide sufficient evidence to us, as we have no statutory investigatory powers.”
The trial period will last for one year and the College has set aside £50,000 to pursue private prosecutions.
The trial will be overseen by the Disciplinary Committee/ Preliminary Investigation Committee Liaison Committee while decisions on whether to pursue private prosecutions will lie with the Registrar/ Director of Legal Services.
Suspected breaches of the Veterinary Surgeons Act can be reported to the RCVS Professional Conduct Department on breachvsa@rcvs.org.uk.
At the beginning of the hearing legal applications were made to rule that the whole proceedings should be stopped as an abuse of process on various grounds including the delay that had occurred in the matters being referred to the RCVS, and that there had been flaws in the original investigatory process.
There was also application that the evidence of one of the College’s witnesses should be excluded on the grounds that the witness had been convicted of bribery.
The Committee decided that the proceedings should continue but ruled that the statement and evidence of one witness should be excluded from the hearing based upon their conviction.
Mr Gracey faced five charges, all of which he was found guilty of. They were:
Three other charges were found not proven and one allegation was withdrawn by the RCVS.
The Committee then considered if the proven charges amounted to serious professional misconduct.
In doing so it made reference to the Code of Professional Conduct and its supporting guidance, particularly in relation to the 10 Principles of Certification.
Dr Hazel Bentall MRCVS, chairing the Committee and speaking on its behalf, said: “The Committee considered individually and cumulatively all matters it had found proved.
"It concluded that the public relies on veterinary surgeons to be honest and transparent when completing and signing forms.
"There is a public interest in being able to trust the profession to uphold high standards of probity because veterinary surgeons are trusted to play an important role in the promotion of animal health and welfare and associated human health.
"The Committee therefore concluded that cumulatively Charges 1, 2, 3 and 4 amounted to serious professional misconduct because the respondent had failed to meet the necessary high standards of honesty and transparency.
"In particular the fact that there were four separate events relating to animal welfare and public health was significant when considering what sanction to impose.”
“The Committee is satisfied that such conduct, when taken together, would be considered deplorable by other members of the profession.
"The respondent’s conduct on four occasions in respect of four animals and three conflicts of interest called into question his competence in relation to completing such forms.”
In considering the appropriate sanction for Mr Gracey, the Committee took into account both mitigating and aggravating circumstances, as well as a number of character witnesses for the respondent who highlighted his positive personal and professional qualities.
In mitigation, the Committee considered that Mr Gracey has hitherto been of good character with no previous disciplinary findings, that he had admitted some parts of the charges against him at the outset of the hearing, that he had made efforts to avoid repeating the misconduct and remediate it – this included making alternative certification arrangements for his father’s farm and taking more appropriate care with record keeping.
The Committee also acknowledged the significant lapse of time between the date of the misconduct and the hearing and the stress that had caused to Mr Gracey, as well as the insight he had shown into his misconduct.
Taking into account all the factors, the Committee decided that imposing a period of six months suspension from the Register of Veterinary Surgeons was the appropriate sanction for Mr Gracey.
Dr Bentall added: “The Committee concluded that suspension of the respondent’s registration for a period of six months was proportionate.
"The Committee considered whether a shorter period was appropriate bearing in mind the mitigating factors it had found applied in this case.
"It decided that a period of six months was proportionate and the minimum length necessary to meet the public interest balancing the seriousness of the misconduct and the mitigation.
"It decided that a shorter period of suspension would be insufficient to uphold proper standards within the profession, or to have a deterrent effect.
“The Committee was satisfied that the respondent had shown sufficient insight and efforts to remediate his misconduct and it concluded that at the end of this period of suspension he would not pose a further risk to animal welfare or public health.
"The Committee considered that the respondent was a valued veterinary surgeon with extensive farm animal experience and that a more severe sanction such as removal from the RCVS Register would not properly reflect the Committee’s findings on the scale of dishonesty and would not take account of the respondent’s mitigation.”
www.rcvs.org.uk/disciplinary
The plans developed by the Animal and Plant Health Agency (APHA), an agency of the Department for Environment, Food & Rural Affairs (DEFRA), involved the creation of a new role of Certification Support Officers (CSOs), non-veterinarians who would support the work of Official Veterinarians (OVs) in the signing of export health certificates for products of animal origin such as meat, dairy, processed products and animal by-products.
The proposals for the creation of CSOs by APHA has arisen due to concerns about the growth of exports in recent years and the potential for an up to 300% increase in products requiring OV certification if the UK has to certify exports of products of animal origin to the EU once the UK leaves the EU. Under APHA’s plans CSOs will work under the direction of veterinary surgeons and support their certification work (for example, verifying temperature checks), although the final certification will always need to be signed by OVs. The role will not involve certification relating to live animals or germinal products.
At the RCVS Council meeting on Thursday 1 November 2018 Council members agreed to facilitate APHA’s proposals and to make changes to the RCVS requirements so as to allow CSOs to support OVs in their certification work.
Amanda Boag, RCVS President, said: "As we have stated in our recent statement on ‘no-deal’ Brexit, it has been estimated that there would be 325% increase in veterinary certification requirements if the UK leaves the EU without a deal, and with these proposals Defra and APHA are preparing for this by increasing the support available for Official Veterinarians. Furthermore the proposal is in line with the concept of a vet-led team, with veterinary surgeons focusing on tasks only vets can do, whilst delegating some tasks to suitably trained and quality-assured members of our teams.
"We appreciate that there were some concerns over the level of education and training required by CSOs and are glad that the APHA has accommodated those views by increasing the level of education to three A-Levels (or equivalent in Scotland) and clarifying the nature of the training required by CSOs.
"By signalling its support for the proposals, RCVS Council has been assured that the integrity and value of the veterinary signature will be upheld and we are glad that we can play a key role in helping the veterinary profession prepare the UK for leaving the EU."
The RCVS position statement on the potential impact of a ‘no-deal’ Brexit scenario is available at www.rcvs.org.uk/brexit
The RCVS has launched a new College honour, the RCVS Queen's Medal.
RCVS President Col Neil Smith said: "The Queen's Medal will be the most prestigious honour that the RCVS can bestow upon a veterinary surgeon and will be reserved for those whose distinguished careers and outstanding lifetime achievements deserve wider recognition."
The honour was created following a review of the RCVS honours system, which demonstrated the need for a new aspirational award.
The RCVS wrote to the Cabinet Office last year, together with letters of support from Peers and MPs, many of whom attended the reception, to request permission to name this new honour after Her Majesty the Queen.
Col Smith said: "We are honoured that Her Majesty has supported the proposal and allowed the College to name the award after her, and express our sincere thanks to those Parliamentarians who supported our endeavour."
The first RCVS Queen's Medal will be presented at RCVS Day in July 2014. The nomination form for the Queen's Medal can be found at www.rcvs.org.uk/Queensmedal.
Lynn Jo Ann Davies MRCVS first appeared before the Committee in January 2018 to face a number of charges related to two drink-driving offences, breaching the terms of her undertakings to the College as part of its Health Protocol, and being under the influence of alcohol on three occasions while she was on duty as a veterinary surgeon in December 2016.
Dr Davies admitted all five charges against her and admitted that this meant she was unfit to practise veterinary surgery and that she was guilty of disgraceful conduct in a professional respect. The Committee accepted her admissions and found, with the exception of one allegation, that her conduct was disgraceful in a professional respect.
At its first hearing the Committee having considered both aggravating and mitigating circumstances decided to postpone the hearing for six months on the basis of Dr Davies’ entering into a new set of undertakings, including one not to practise veterinary surgery and to remain abstinent from alcohol during the period of postponement.
At the second hearing, in July 2018, the Disciplinary Committee resumed its sanction inquiry decision. Dr Davies’ Counsel submitted on her behalf that Dr Davies wished to return to practise and the Committee reviewed her witness statements, documentary proof and medical records that she provided to demonstrate she had complied with the her undertakings given at the last hearing.
Stuart Drummond, Chairing the Committee and speaking on its behalf, said: "Having had the opportunity to see and hear from the respondent when she gave evidence and when she answered the questions put to her, the view formed of her current state of health was favourable. All members of the Committee considered that the account she gave of herself in the witness box was confident and they were reassured by her evidence as to how she now sets about managing her levels of stress and how she reacted to stressful incidents.
"Such concerns as the Committee had about her return to practice concerned her ability to receive support from a third party who would act as a mentor…the Committee therefore requires the Respondent to identify, within a period of one month of today’s date, a veterinary surgeon who would agree to act as her mentor. That mentor would have to be a veterinary surgeon acceptable to the College as someone suitable to act in that capacity and that mentor would have to be approved before the Respondent could resume practice.
"A further requirement of the Committee would be that the Respondent should make a disclosure to any new employer of the fact of her appearances before this Committee in January 2018 and in July 2018 and of the decisions of the Committee in relation to both such hearings. The final requirement of the Committee in this respect is that the respondent should not accept a 'sole charge position' at any time during her employment during this next period of postponement of sanction."
The Committee directed that the hearing be postponed for a further 12 months.
The survey was conducted by Mo Gannon & Associates, which asked 2,000 UK adults about their satisfaction with the service they and their animals received from veterinary surgeons, levels of trust in the profession, and whether the service provided by vets represents value for money.
32% of the respondents felt that veterinary surgeons represented excellent (8%) or good (24%) value for money. 38% thought that veterinary fees are fair. However, 29% thought that veterinary surgeons and their services provided poor (21%) or very poor (8%) value for money. The results were very similar to the last time the survey was conducted, in 2015.
Nevertheless, veterinary surgeons continue to enjoy very high levels of trust amongst the public. 94% said they either completely trust (34%) or generally trust (60%) vets. This put veterinary surgeons in third place amongst the most trusted professions, below opticians and pharmacists but above GPs and and dentists.
Satisfaction with the profession was also high. 80% said they were either very satisfied (39%) or satisfied (41%), putting vets in fourth place below opticians, pharmacists and dentists, but above general practitioners and accountants.
RCVS President Dr Niall Connell, pictured right (would you trust this man?) said: "These results clearly demonstrate that there is a great deal of good will towards the veterinary profession and the work they do in treating the nation’s animals and serving their communities. The basis of all good relationships is trust, and it is fantastic to see that our clients continue overwhelmingly to trust our knowledge and expertise and remain very happy with the service we provide them.
"The picture on value for money is clearly a bit more mixed, although clearly 70% of the respondents recognise that we at least charge fair fees in terms of our time and expertise. There is, of course, always more work that we can do in order to help the public understand veterinary costs and fees and promote the value of veterinary care, as demonstrated by last year’s joint Pets Need Vets social media campaign with BVA, in which we highlighted the benefits to pet owners of being registered with a vet."
In writing the guide, Liz has drawn upon her own experience of the disciplinary process to offer practical advice to others who find themselves in the same situation.
Liz found herself on the receiving end of a complaint by a pet owner after an elderly dog she had operated on died that night at her practice. It took two years for the complaint to progress to a DC hearing. They were two years which she described as absolute hell. Not just because of the threat of losing her livelihood, but also because of the vilification on social media.
Her booklet explains the whole process, from the first notice from the College to moving on after the hearing, with practical advice as to how you can make the experience, well, if not a positive one, at least not quite as hellish as it might otherwise be.
You can download the booklet from Liz’s website, here: https://howtosurviveanrcvshearing.wordpress.com/
The first is that the College will allow veterinary surgeons and nurses to carry over some of the CPD hours they have accrued in 2019 into 2020, to smoothen the transition to an annual hourly requirement.
Vets will be allowed to carry over 25 hours and VNs 10 hours of accumulated CPD from 2019 through to 2020.
This will apply once, in 2020 only, and is only applicable to vets and VNs who have been CPD-compliant from 2017 to 2019 and have a surplus number of hours to carry over.
Secondly, the College is going to allow vets and VNs to take a six-month 'CPD pause' for planned periods away from work, such as parental leave, and exceptional circumstances, such as serious ill health or unforeseen changes to family responsibilities, without the need to make up the hours when they return to work. This will reduce the burden on vets and VNs returning to work after a break.
RCVS Director of Education, Dr Linda Prescott-Clements said: "We hope that these changes to the CPD policy will support vets and VNs to make the transition to an annual hourly requirement.
"We received a sample of feedback from some members of the veterinary professions regarding the move to annual hourly CPD requirements and these additions have been introduced support members during this transition and to mitigate some of the concerns raised."
For more information about the CPD requirement for both vets and vet nurses, what activities might count as CPD, how to record your CPD and a series of frequently asked questions about CPD please visit our dedicated page: www.rcvs.org.uk/cpd.
A paper introduced by the RCVS Registrar Eleanor Ferguson looked at the possibility of the RCVS prosecuting, for example, unqualified individuals undertaking veterinary work and courses falsely purporting to lead to a registerable qualification.
The paper also explored other options, including better educating animal owners about veterinary services and assisting people with concerns about the breaches of the VSA to raise them with the authorities.
Council heard that over the past year, the RCVS had assisted other agencies on investigations of suspected VSA breaches on a number of occasions.
It was considered that the RCVS could consider undertaking its own private investigations and criminal prosecutions when statutory prosecuting authorities did not have the resources to pursue these cases.
However, the RCVS has no statutory powers of investigation, so if it did pursue a private prosecution, it would have no powers to carry out a criminal investigation or compel evidence.
Council members voted for a further paper setting out a draft policy on private prosecutions, as well as what general information regarding breaches of the Veterinary Surgeons Act could be provided to members of the public and the professions.
The CMA review generated 11,000 responses from people working in the veterinary industry, including 1/5th of the country's vets and nurses. There were a further 45,000 responses from the general public.
Issues identified by the review were that:
So far, the RCVS, the BVNA and IVC have all responded to the announcement, the RCVS welcoming the call for modernising the regulatory framework and the BVNA likewise (taking the opportunity to remind everyone that this would also be the moment to protect the 'veterinary nurse' title).
Meanwhile, IVC said that for its part, it has always tried to ensure its prices are competitive and that customers are informed of costs before treatment, adding that it believes price increases in the sector have been driven predominantly by the shortage of vets, necessary improvements to pay and conditions for veterinary professionals and inflation.
The CMA has now launched a 4-week consultation to seek views from the sector on the proposal to launch a market investigation.
The consultation closes on 11 April 2023 at which point it will consider the responses received and a decision will be made on how to proceed.
https://www.gov.uk/government/consultations/consultation-on-the-proposal-to-make-a-market-investigation-reference-into-veterinary-services-for-household-pets-in-the-uk
The Veterinary Workforce Summit was held last November, when 80 stakeholders from independent and corporate practices, veterinary schools, charities, government, the food hygiene sector, species associations and industry bodies came together to look at how the profession could address the workforce crisis.
Prior to the Summit, preliminary research was carried out to assess the profession's views on the workforce crisis and how it was affecting them.
Based on findings from the preliminary research, six themes around the issue of workforce shortages were identified and used to structure the discussions of the day.
These were: readiness for work; work-life balance; workplace culture; client interactions; career development; and return to work.
The day was opened by Lizzie Lockett, RCVS Chief Executive, who focused on the issues underpinning the workforce crisis:
Later in the day, delegates were divided into groups and asked to develop ideas and pitch a solution to a problem the sector is facing.
Some of the solutions that the professions might use to address the key workforce issues which came out of the pitches included:
Kate Richards, RCVS President, said: “Although the issues affecting the UK veterinary sector aren’t new, they have been exacerbated over the past few years by factors outside of the sector’s control.
"We know that putting in place solutions to address and solve the issues that the veterinary sector is facing will take time.
"We want to reiterate that the Summit was the first, albeit an incredibly important, first step in co-creating innovative solutions to workforce shortages.
"I look forward to working collaboratively with our veterinary colleagues from across the professions to bring the workforce action plan to life and work on the solutions that come out of it.”
The RCVS says the next steps from the Summit are to consider the feasibility of the suggested solutions and integrate those that seem likely to deliver effective results into an action plan, alongside other activities that are already underway.
The College says it is open to hearing additional ideas for the professions and encourages anyone who has suggestions to get in touch with Sophie Rogers, ViVet Manager, on s.rogers@rcvs.org.uk
The full Workforce Summit report can be found at www.rcvs.org.uk/publications
The RCVS Disciplinary Committee has restored a veterinary surgeon who had previously been convicted of fraud to the Register, after finding him fit to resume practising.
Matthew Morgan had pleaded guilty to four counts of fraud in July 2013 having fraudulently claimed over £200,000 in pet insurance claims between November 2009 and December 2012. In August 2013 he was sentenced to two years’ imprisonment, for which he served 12 months and was then released on licence.
Following his conviction and sentence, his case was brought to the RCVS Disciplinary Committee in February 2014 where it was decided to strike him off the Register. When his licence period expired on 18 August 2015, Mr Morgan applied for restoration to the Register.
During the course of the hearing, the Disciplinary Committee heard evidence from Mr Morgan, who accepted the findings of the Committee, describing the evidence as ‘fair’ and acknowledging the seriousness of his actions.
The Committee felt that Mr Morgan’s criminal conduct was very grave, as reflected in his custodial sentence and the fact that, as an Australian citizen, he had been issued with a deportation notice by the Home Office. It also felt that his crime had struck at the heart of public confidence in a profession for which honesty and integrity is expected.
However, the Committee considered that Mr Morgan, if restored, would pose few risks in respect of protection of the public, having no concerns about his competence as a veterinary surgeon, and accepted that there was little future risk to animal welfare if he were to be restored.
The Committee also considered that, since his release from prison, Mr Morgan has taken extensive steps to rehabilitate himself, has undertaken continuing professional development and has been working as a veterinary care assistant at two veterinary practices to keep up-to-date with current practice.
Furthermore, the Committee was satisfied that there was public support for Mr Morgan continuing as a veterinary surgeon given the references and testimonials submitted on his behalf.
In coming to its conclusion the Disciplinary Committee reiterated the seriousness of Mr Morgan’s criminal offending, saying that it had caused it “the greatest concern”. However, it also felt that issues of rehabilitation needed to be considered.
Professor Alistair Barr, chairing the Committee and speaking on its behalf, said: “The Committee cannot emphasise enough the fact that veterinary surgeons who commit acts of fraud in the exercise of their practice can expect severe consequences, both in the criminal courts and within their own College and there can be no doubt that the decision to remove the applicant from the Register was a proper reflection of the seriousness of his offending.
“Given all of the matters referred to above, however, the Committee considers that the applicant has demonstrated sufficiently that he has learned the lessons required and is now fit to be restored to the Register.”
Specifically, Ms Hodgkinson was alleged to have placed five orders between 1 September 2013 and 1 April 2015:
The medications for charges (i) to (iii) above, were intended for her own personal use, as she had previously at various times been prescribed Codeine, Naproxen and Amitriptyline after being involved in a serious car accident in November 2012, as a result of which she suffered from chronic back pain and other problems.
Charges (iv) and (v) above, were intended for her dog, ‘Minnie’, but the dosages ordered were incorrect. The medications were never removed from the practice or given to Minnie, but were instead returned to the wholesaler.
From the outset Ms Hodgkinson admitted the charges against her, although she believed that other staff at the practice had placed similar personal orders and that she had been given permission to do so as well. Ms Hodgkinson also accepted that the facts amounted to disgraceful conduct in a professional respect.
The Committee accepted Ms Hodgkinson’s admission of the charges and, accordingly, found the charges proved. The question of whether the facts amounted to serious professional misconduct was, however, a matter for the Committee’s judgement, notwithstanding Ms Hodgkinson’s admission.
In reaching its decision, the Committee took into account Ms Hodgkinson’s assertion that she believed she had been given permission to order medication through the practice. She did admit however that she must have been mistaken in that belief. The Committee also took note of the College’s submission that a number of aggravating features were present which amounted to serious professional misconduct, namely: the potential risk posed to animal welfare; Ms Hodgkinson’s ignorance of fundamental legislative provisions; a breach of trust placed in her by virtue of her RVN status; the fact that the misconduct was repeated over a period of time; and a lack of awareness of professional responsibilities at the time of the conduct. The Committee therefore had no hesitation that the conduct did amount to serious professional misconduct.
The Committee then turned to the question of sanction. A number of mitigating factors were put forward in Ms Hodgkinson’s defence including the fact that a period of lengthy suspension or removal from the register would result in her losing an offer of employment, the fact that up to the relevant conduct she had had an unblemished career and the fact that she had made early admissions of guilt and shown insight into her misconduct.
The Committee decided that a period of 10 months’ suspension would be appropriate and proportionate in this case.
Chitra Karve, who chaired the Committee and spoke on its behalf, said: "The length of the period of suspension…is intended to reflect this Committee’s view, assisted as it has been by the experience and knowledge of a practising RVN and a veterinary surgeon, of the seriousness of the respondent’s conduct in its totality and of the need for the message to go out to all veterinary professionals that the ordering of POMs without the authority of a valid prescription is a most serious instance of misconduct. In such circumstances the personal mitigations that a practitioner might place before a Disciplinary Committee, whilst not immaterial, is inevitably of limited persuasion. And that is what this Committee has concluded in this particular case, having reflected carefully on the mitigation factors placed before it.
"Having weighed the matters of personal mitigation against the fact that a rudimentary knowledge of the governing legislation was effectively all that was required of the Respondent to ensure that the misconduct complained of did not occur, it is the clear view of the Committee that it would be failing in its public duty were it to do anything less than to impose a period of suspension from practice and the least period of suspension that is appropriate in this case is one of ten months. The Committee therefore instructs the Registrar to act accordingly."
The Disciplinary Committee had found Dr Schulze Allen guilty of four charges, namely that he had been convicted of the criminal offence of petty theft in the US which rendered him unfit to practise, and that on three subsequent occasions, twice to the RCVS and once to a notary in California, dishonestly represented that he had no criminal convictions.
Following the DC hearing, Dr Schulze Allen submitted an appeal to the Privy Council. The basis of his appeal revolved around whether, under Californian law, his conviction for petty theft was a conviction for a criminal offence or an infraction, and whether an infraction under US law was a criminal offence.
The RCVS had argued that while the theft is not a criminal felony in California, it would be considered so under English law.
However, the Board of the Privy Council which heard the appeal – comprising Lords Wilson, Carnwath and Lloyd-Jones, found the College had not proven beyond all reasonable doubt that Dr Schulze Allen was convicted of a criminal offence under Californian law. It therefore upheld his appeal against the DC’s finding that he had committed a criminal offence.
The Privy Council then considered Dr Schulze Allen’s appeal against the third and fourth of the charges against him - that he was dishonest in his representations to the College that he did not have a ‘criminal’ conviction and did not have a ‘criminal record’. The Privy Council found that, since the conviction for petty theft was an infraction, and was not a criminal offence and did not leave Dr Schulze Allen with a criminal record, then, strictly speaking, his representations to the RCVS were not false and so upheld his appeal against these two charges.
The Privy Council then considered Dr Schulze Allen’s appeal against the College’s second charge against him. This charge was that he had, in a written application for restoration to the Register, represented that he did not have any cautions, criminal convictions or "adverse findings". The College argued that he still had a responsibility to make a full and frank disclosure about his infraction, even if it did not meet the threshold of ‘criminal’ under Californian law.
The Board of the Privy Council said it had, on Dr Schulze Allen’s behalf, done its best to identify some argument that his conviction for a petty theft infraction did not amount to an "adverse finding", but failed. Rather, it found that "the conviction obviously amounted to an adverse finding."
The Board added that "there is no material by reference to which the Board [of the Privy Council] can depart from the [Disciplinary] Committee’s conclusion that, in answering “no” to that question, he knew that his answer was untrue. In other words, his denial was dishonest."
The Board therefore allowed the appeal against the DC’s conclusion on the first, third and fourth charges. But it dismissed the appeal against its conclusion on the second charge, namely that in that regard Dr Schulze Allen had been guilty of disgraceful conduct in a professional respect."
The Board then set aside the original sanction, that Dr Schulze Allen be removed from the Register, and tasked the Committee with identifying the appropriate sanction in relation to the second charge.
The Disciplinary Committee will now hold a further hearing to decide the sanction, at some time in the future. In the meantime Dr Schulze Allen remains on the Register of Veterinary Surgeons.
The RCVS Disciplinary Committee has struck off a Wiltshire-based veterinary surgeon for charges relating to tuberculin (TB) testing on cattle that he undertook and certified at four farms during June and July of 2010.
At the end of the ten-day hearing, the Disciplinary Committee found Sorin Dinu Chelemen guilty of 32 charges relating to his work as an Official Veterinarian (OV) for Animal Health, while employed as a locum at Endell Veterinary Group, Salisbury. Mr Chelemen, who represented himself at the hearing, disputed all of the charges. He also said he had had poor knowledge and comprehension of written and spoken English at the time, which had since improved.
Mr Chelemen gave the Committee detailed accounts of what he said occurred in relation to the TB testing at all four farms. However, in almost all the points where the facts were denied, the Committee found a stark divergence between his evidence and that given by witnesses for the College.
The Committee was generally unimpressed by Mr Chelemen's account of events, finding many of his allegations and explanations for his actions to be incredible or unreliable. For example, he claimed that during his Animal Health training, he had not been given a copy of the 'Manual of Procedures' containing Standard Operating Procedures (SOPs) for TB testing. Although the Committee accepted Mr Chelemen's English had been poor at the time, leading to communication problems, he had satisfactorily demonstrated that he knew how to perform TB tests in accordance with these SOPs when he started work at the practice. Overall, the Committee found Mr Chelemen's attitude was that he had not done anything wrong and nothing was his fault, and that he had little understanding of the professional responsibilities incumbent on an OV.
By contrast, the Committee considered all the witnesses called by the College to have given clear, credible and consistent evidence. Complaints had been made about three farms that were separate and unconnected, and where the tests had been conducted on different dates. These complaints, if not identical, were very similar. The evidence was overwhelming that Mr Chelemen had not followed the SOPs when carrying out testing at three of the farms.
The Committee noted that the measurements recorded by Mr Chelemen did not show the differences which would be normally expected. Mr Chelemen had not measured the animals in accordance with the SOPs when he knew he ought to have, and he had been dishonest in certifying the tests.
When considering sanctions, the Committee found an aggravating factor was that Mr Chelemen's actions undermined procedures to prevent the spread of disease. In particular, he failed to notify the owners of animals on three farms that he had found reactors or inconclusive reactors, resulting in those animals not being isolated. Nor did he submit paperwork to Animal Health about these animals, which was a fundamental breach of his duties as an OV.
In mitigation, the Committee accepted that Mr Chelemen had no previous RCVS disciplinary findings against him; and, that the OV training he received was limited, having regard to English not being his first language and relative inexperience as a TB tester. It also took into account that this disciplinary case had been in progress for three years, his poor health and his financial and family circumstances.
Mrs Judith Webb, chairing and speaking on behalf of the Committee said: "The Committee is of the view that this is a most serious case, in which the integrity of TB testing was undermined, and animal health was put at risk, which may have resulted in the spread of disease. Furthermore, this case involves findings of dishonesty, which has been held to come at the top end of the spectrum of gravity of disgraceful conduct in a professional respect."
She directed that Mr Chelemen be struck off the Register.