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board update - Veterinary Practitioners Registration Board of Victoria

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Vol. 30, no. 2 Winter 2006<br />

BOARD UPDATE<br />

PRESIDENT: Dr. L R COGHLAN BVSc<br />

REGISTRAR: Miss MB WILSON ACIS<br />

Newsletter <strong>of</strong> the <strong>Veterinary</strong> <strong>Practitioners</strong> <strong>Registration</strong> <strong>Board</strong> <strong>of</strong> <strong>Victoria</strong><br />

VETERINARY<br />

PRACTITIONERS<br />

REGISTRATION<br />

BOARD OF<br />

VICTORIA<br />

ABN 88 393 171 326<br />

Level 11, 470 Collins Street,<br />

Melbourne, <strong>Victoria</strong>, Australia 3000<br />

Telephone +613 9620 7444<br />

Facsimile +613 9620 7044<br />

Email enquiries@vet<strong>board</strong>.vic.gov.au<br />

Message from the President<br />

Leigh Coghlan<br />

Resignation and Appointment<br />

I am sorry to advise you that Mr John Dillon, the appointed<br />

legal member <strong>of</strong> the <strong>Board</strong> has resigned. John was first<br />

appointed to the <strong>Board</strong> on 18 March 1998 after the<br />

introduction <strong>of</strong> the <strong>Veterinary</strong> Practice Act 1997. John’s<br />

enthusiasm for, and commitment to, the work <strong>of</strong> the <strong>Board</strong>,<br />

his desire to ensure the <strong>Board</strong> was properly appraised <strong>of</strong> its<br />

statutory obligations, his wise counsel and friendship has been<br />

invaluable and will be missed. On behalf <strong>of</strong> the <strong>Board</strong> and<br />

staff I express our appreciation and wish him well.<br />

We welcome Ms Joanna Devrome who has been appointed to<br />

fill the casual vacancy. Ms Devrome graduated with<br />

Degrees in Economics and Law with Honours from Monash<br />

University. She is an experienced litigator in public liability,<br />

pr<strong>of</strong>essional indemnity law, is an accredited mediator and<br />

accredited specialist in personal injury law with the Law<br />

Institute <strong>of</strong> <strong>Victoria</strong>. Ms Devrome is a Partner with law firm<br />

Wisewoulds.<br />

Evaluation <strong>of</strong> <strong>Board</strong> Performance<br />

The <strong>Board</strong> has recently conducted an Evaluation <strong>of</strong> <strong>Board</strong><br />

Performance as part <strong>of</strong> its governance obligations. This was<br />

carried out as an internal self assessment questionnaire<br />

followed by informal interviews <strong>of</strong> each <strong>Board</strong> member by<br />

the President. This evaluation process was in keeping with the<br />

requirements <strong>of</strong> the Department <strong>of</strong> Primary Industries<br />

Governance Guidelines booklet for Statutory Authority<br />

<strong>Board</strong> Members issued in October 2005. As an extension <strong>of</strong><br />

the <strong>Board</strong> Evaluation process, the <strong>Board</strong> determined to<br />

conduct a pilot survey <strong>of</strong> thirty randomly selected registered<br />

veterinary practitioners as to their view <strong>of</strong> the <strong>Board</strong>’s<br />

performance. This is a precursor to conducting a full-scale<br />

survey <strong>of</strong> all registered veterinary practitioners. The results<br />

<strong>of</strong> this survey will be made available on the website –<br />

www.vet<strong>board</strong>.vic.gov.au<br />

Appointment <strong>of</strong> 4 th <strong>Board</strong><br />

The term <strong>of</strong> the current <strong>Board</strong> will expire on 17 March 2007<br />

and on the back page <strong>of</strong> this newsletter you will find an<br />

advertisement seeking applications from persons interested in<br />

putting their names forward for consideration by the<br />

Minister. Applications close on 5 th September 2006. If you<br />

would like to be considered for appointment but first want to<br />

know more about the operations <strong>of</strong> the <strong>Board</strong>, please do not<br />

hesitate to contact me or the Registrar.<br />

Inside this issue:<br />

Legislation<br />

Privacy Act 1988 2<br />

Drugs, Poisons & 2<br />

Controlled Substances<br />

Regulations 2006<br />

Proposed Agricultural & 2<br />

<strong>Veterinary</strong> Chemicals<br />

(Control <strong>of</strong> Use)<br />

Regulations<br />

<strong>Registration</strong><br />

Policy regarding nonpractising<br />

registration 3<br />

International Foreign<br />

<strong>Veterinary</strong> Exams 4<br />

Confirmation <strong>of</strong> 4<br />

<strong>Registration</strong><br />

New graduate 4<br />

<strong>Registration</strong><br />

Inability to provide a letter 4<br />

Of pr<strong>of</strong>essional standing<br />

Complaints<br />

Case Study 1 5<br />

Case Study 2 6<br />

Complaints timeline 7<br />

summary<br />

Complaints 2005-2006 7<br />

Guidelines<br />

Guidelines 8<br />

“Off-label” use <strong>of</strong> drugs 8<br />

Communications<br />

www.vet<strong>board</strong>.vic.gov.au 9<br />

<strong>Board</strong> publications 9<br />

Advertisement for 10<br />

4 th <strong>Board</strong>


PRIVACY ACT 1988 (COMMONWEALTH)<br />

The Privacy Act 1988 (Commonwealth) is<br />

the legislation affecting privacy matters in<br />

private sector organisations. The following<br />

section from Guidelines to the National Privacy<br />

Principles issued by the Office <strong>of</strong> the Federal<br />

Privacy Commissioner in September 2001<br />

needs to be noted by veterinary practices:<br />

“The new privacy provisions will apply to<br />

businesses (including non-pr<strong>of</strong>it<br />

organisations) with an annual turn-<br />

over <strong>of</strong> more than $3 million and<br />

health service providers.<br />

Businesses with an annual turnover <strong>of</strong> $3<br />

million or less are exempt from the new<br />

laws unless one <strong>of</strong> the following statements is<br />

true for the business:<br />

• It is related to another business (for<br />

example its holding company or a<br />

subsidiary) that has an annual<br />

turnover <strong>of</strong> more than $3 million<br />

• It provides a health service and holds<br />

health records<br />

• It discloses personal information for a<br />

benefit service or advantage<br />

• It provides someone else with a<br />

benefit, service or advantage to<br />

collect personal information<br />

• It is a contracted service provider for<br />

a Commonwealth contract”<br />

In the majority <strong>of</strong> cases veterinary<br />

practices in <strong>Victoria</strong> are exempt from the<br />

Privacy Act 1988 as they do not provide<br />

health services as defined in the legislation<br />

and the annual turn-over is less than $3<br />

million, therefore practitioners cannot<br />

refuse to provide medical records by citing<br />

the Privacy Act 1988.<br />

Further information regarding the Privacy<br />

Act 1988 (Commonwealth) can be<br />

obtained from their website<br />

www.privacy.gov.au where they provide<br />

guidelines, information sheets and other<br />

relevant documentation.<br />

DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS<br />

2006<br />

The new Drugs, Poisons and Controlled<br />

Substances Regulations 2006 were authorised on<br />

25 May 2006 and revoke all previous<br />

regulations <strong>of</strong> the Drugs, Poisons and Controlled<br />

Substances Act 1981. They can be<br />

downloaded from the web at the following:<br />

www.dms.dpc.vic.gov.au under Statutory<br />

Rules as either a PDF document or Word<br />

file, or can be purchased in hard copy from<br />

Information <strong>Victoria</strong>, 356 Collins St<br />

Melbourne 3000, telephone 1300 366 356,<br />

fax (03) 9603 9920.<br />

PROPOSED AGRICULTURAL AND VETERINARY CHEMICALS<br />

(CONTROL OF USE) REGULATIONS 2006<br />

The <strong>Board</strong> was requested to comment on the<br />

proposed Agricultural and <strong>Veterinary</strong><br />

Chemicals (Control <strong>of</strong> Use) Regulations<br />

2006. The <strong>Board</strong> supports the continuance<br />

<strong>of</strong> regulations providing for the control <strong>of</strong><br />

use <strong>of</strong> agricultural and veterinary chemicals<br />

and confined its comments to proposed<br />

Regulation 10: “10 Advice notes<br />

An advice note prepared by a veterinary practitioner<br />

in connection with the treatment <strong>of</strong> a stock animal<br />

with a veterinary chemical product must be supplieda)<br />

in person to the person responsible for the<br />

management <strong>of</strong> the animal before treatment <strong>of</strong> the<br />

animal using the product commences or at the time <strong>of</strong><br />

initial treatment; or<br />

b) by facsimile to the person responsible for the<br />

management <strong>of</strong> the animal before treatment <strong>of</strong> the<br />

animal using the product commences.”<br />

As there appeared to be a contradiction in<br />

the Regulation, in that on the one hand<br />

the practitioner must provide the advice<br />

note in person, and on the other may<br />

send it by facsimile, the <strong>Board</strong> requested<br />

deletion <strong>of</strong> the words “in person”. This<br />

would ensure continuance <strong>of</strong> the spirit <strong>of</strong><br />

the Regulation – that the veterinary<br />

practitioner has a legal responsibility to<br />

provide a written advice note to the<br />

person responsible for the animal, but<br />

removes the legal requirement to be<br />

physically present when the<br />

documentation is handed over.<br />

Page 2 <strong>of</strong> 10


BOARD UPDATE VOL. 30, no 2 Winter 2006<br />

POLICY REGARDING NON-PRACTISING REGISTRATION<br />

Section 7A <strong>of</strong> the <strong>Veterinary</strong> Practice Act<br />

1997 provides for non-practising<br />

registration:<br />

“7A.Non-practising registration<br />

(1) The <strong>Board</strong> may grant or refuse to grant<br />

registration as a non-practising veterinary<br />

practitioner to an applicant if the applicant –<br />

(a) is qualified for general registration; and<br />

(b) the applicant has satisfied the <strong>Board</strong> that<br />

he or she does not intend to practice as a<br />

veterinary practitioner for the period <strong>of</strong> the<br />

registration<br />

(2) A grant <strong>of</strong> non-practising registration<br />

under this section is subject to any conditions,<br />

limitations or restrictions imposed by the <strong>Board</strong><br />

on the registration.<br />

(3) The <strong>Board</strong> may, <strong>of</strong> its own motion, or on<br />

the application by a veterinary practitioner<br />

granted registration as a non-practising<br />

veterinary practitioner, amend, vary or revoke<br />

any condition, limitation, or restriction<br />

imposed under sub-section (2).”<br />

Non-practising registration applies to<br />

retirees, those working in a totally nonveterinary<br />

occupation, those on maternity<br />

leave or full-time child rearing and those<br />

working overseas or interstate. It enables<br />

veterinary practitioners who have, to all<br />

intents and purposes, retired from practice<br />

but who wish to maintain ties with the<br />

pr<strong>of</strong>ession, to remain on the veterinary<br />

register.<br />

To be eligible for non-practising registration<br />

the veterinary practitioner:<br />

• may not carry out veterinary<br />

procedures in <strong>Victoria</strong>; and<br />

• may not provide veterinary services<br />

in <strong>Victoria</strong>; and<br />

• may not exercise authority requiring<br />

registration as a veterinary<br />

practitioner in <strong>Victoria</strong>.<br />

Therefore, holders <strong>of</strong> non-practising<br />

registration may not consult, provide<br />

certificates <strong>of</strong> any type, nor purchase,<br />

possess or supply scheduled drugs under the<br />

Drugs and Poisons legislation in <strong>Victoria</strong>.<br />

Applicants for non-practising registration<br />

must sign a declaration that they meet the<br />

eligibility requirements as follows:<br />

“I do not intend to practise as a veterinary<br />

practitioner: that is, I will not carry out procedures,<br />

provide services or exercise authority requiring<br />

registration as a veterinary practitioner, during the<br />

registration period applied for.”<br />

Non-practising registration is granted on<br />

an annual basis and must be re-applied for<br />

each year.<br />

<strong>Veterinary</strong> practitioners holding nonpractising<br />

registration will be listed<br />

separately on the veterinary register and<br />

will not be included in the database posted<br />

on the <strong>Board</strong>’s website.<br />

<strong>Veterinary</strong> practitioners who hold<br />

endorsement as a specialist under section 8<br />

<strong>of</strong> the Act and who are granted nonpractising<br />

registration may describe<br />

themselves as ‘registered specialist nonpractising’,<br />

and may not <strong>of</strong>fer any level <strong>of</strong><br />

veterinary procedure or veterinary services<br />

– general or specialist. This includes the<br />

provision <strong>of</strong> specialist consulting services.<br />

For those practitioners holding Nonpractising<br />

<strong>Registration</strong> who wish to apply<br />

for General <strong>Registration</strong> the following<br />

applies:<br />

a) applicants who have held nonpractising<br />

registration for less than<br />

three years are able to have their nonpractising<br />

registration converted to full<br />

registration up until the end <strong>of</strong> the<br />

deeming period by completing a<br />

renewal form and paying the renewal<br />

fee minus the non-practising fee<br />

already paid with the amount to be<br />

paid dependant upon the date the<br />

original payment was made<br />

b) applicants who have held nonpractising<br />

registration for less than<br />

three years who wish to convert to full<br />

general registration after the deeming<br />

period are required to complete a<br />

general registration form and pay the<br />

general registration fee<br />

c) applicants who have held nonpractising<br />

registration for over three<br />

years and who have not been practising<br />

elsewhere may be assessed for<br />

competency in practise.<br />

The registration fee for non-practising<br />

registration has been set at $36.00. This is<br />

a flat rate fee and no late, restoration or<br />

penalty fees apply.<br />

Page 3 <strong>of</strong> 10


INTERNATIONAL FOREIGN VETERINARY EXAMINATIONS<br />

Following recommendations from the Australasian<br />

<strong>Veterinary</strong> <strong>Board</strong>s Council Inc (AVBC) the <strong>Board</strong><br />

now recognises a number <strong>of</strong> foreign examinations<br />

for foreign veterinary graduates as equivalent to the<br />

Australian National <strong>Veterinary</strong> Examination<br />

(NVE) for the purposes <strong>of</strong> gaining general<br />

registration in <strong>Victoria</strong>.<br />

The New Zealand National <strong>Veterinary</strong><br />

Examination (NZNVE) is recognised as equivalent<br />

to the NVE, therefore holders <strong>of</strong> this qualification<br />

can gain general registration in <strong>Victoria</strong>. The<br />

Educational Commission for Foreign <strong>Veterinary</strong><br />

Graduates (ECFVG) awarded in the United States<br />

is also recognised as equivalent to the NVE, as is<br />

the Canadian National Examination <strong>Board</strong> (NEB)<br />

examination for foreign veterinary graduates.<br />

Holders <strong>of</strong> these qualifications can now apply for<br />

general registration in <strong>Victoria</strong> without further<br />

examination. However applicants will be required<br />

to have an interview with the Registrar before<br />

registration is granted in order to ascertain<br />

knowledge <strong>of</strong> <strong>Victoria</strong>n legislation relevant to the<br />

veterinary pr<strong>of</strong>ession, and their standard <strong>of</strong> the<br />

English language.<br />

CONFIRMATION OF REGISTRATION<br />

All registration, including restoration and reregistration,<br />

applications will not be put forward to<br />

the <strong>Board</strong> until advice has been received from the<br />

bank that payment <strong>of</strong> the fee has been honoured.<br />

Consequently applications will need to be received<br />

at least a week before the sitting <strong>of</strong> the <strong>Board</strong>.<br />

Confirmation <strong>of</strong> registration will now be a two<br />

step process where payment requires to be<br />

honoured before the application in put to the<br />

<strong>Board</strong> and if the <strong>Board</strong> accepts the application the<br />

applicant will be notified in writing that<br />

registration is confirmed.<br />

NEW GRADUATE REGISTRATION<br />

New graduate registration is available to those new<br />

graduates who have not been previously registered<br />

elsewhere and within twelve months <strong>of</strong> graduation.<br />

New graduates are required to complete a new<br />

graduate registration form and provide a certified<br />

copy <strong>of</strong> their degree with payment <strong>of</strong> the<br />

registration fee.<br />

After twelve months since graduation applicants<br />

are no longer considered to be new graduates,<br />

even though they have not been registered<br />

elsewhere. Such applicants are required to<br />

complete a <strong>Registration</strong> form, provide a certified<br />

copy <strong>of</strong> their degree, a detailed CV describing<br />

pr<strong>of</strong>essional activities since graduation with<br />

payment <strong>of</strong> the registration fee. The application<br />

will be brought to the <strong>Board</strong>’s attention at the<br />

relevant <strong>Board</strong> meeting.<br />

INABILITY TO PROVIDE A LETTER OF PROFESSIONAL STANDING<br />

It has come to the <strong>Board</strong>’s attention that some<br />

applicants have been unable to provide the <strong>Board</strong><br />

with a letter <strong>of</strong> pr<strong>of</strong>essional standing. In the<br />

following cases alternative have been agreed upon:<br />

1. Residency program: for those who have<br />

been enrolled in a residency program<br />

pro<strong>of</strong> must be provided <strong>of</strong> being or having<br />

been enrolled in a residency program, sent<br />

directly to the <strong>Board</strong> from the university<br />

where the residency program is situated<br />

stating the full name <strong>of</strong> the applicant, the<br />

type <strong>of</strong> program, the length <strong>of</strong> the<br />

program, the fact that<br />

registration/licensing was not required and<br />

that there was no incidence <strong>of</strong><br />

unpr<strong>of</strong>essional conduct.<br />

2. No registering authority: for those who<br />

have been working in a jurisdiction where<br />

there was no registering authority a letter<br />

must be provided from their employer/s<br />

(voluntary or otherwise) directly to the<br />

<strong>Board</strong> stating the full name <strong>of</strong> the<br />

applicant, the type <strong>of</strong> work the applicant<br />

was undertaking, the period <strong>of</strong> time<br />

employed and the fact no registering<br />

authority exists in the jurisdiction<br />

therefore registration was not required.<br />

3. As 2 above but unable to provide a letter<br />

from the employer: the applicant must<br />

provide a statutory declaration stating<br />

where the work was situated, the type <strong>of</strong><br />

work undertaken, the length <strong>of</strong> time the<br />

work was undertaken and why<br />

registration was not required.<br />

Page 4 <strong>of</strong> 10


BOARD UPDATE VOL. 30, no 2 Winter 2006<br />

COMPLAINTS<br />

Case Study 1<br />

A 10 year old cat was presented to Dr Z<br />

for dental prophylaxis. Dr Z was<br />

informed by the owner <strong>of</strong> the cat’s<br />

history <strong>of</strong> asthma. Dr Z performed a<br />

clinical examination <strong>of</strong> the cat which<br />

revealed no abnormalities. The owners<br />

were present for the majority <strong>of</strong> the<br />

dental prophylaxis. The cat was inducted<br />

with Aquafol®, intubated and maintained<br />

on is<strong>of</strong>lurane gaseous anaesthesia<br />

throughout the procedure. After the<br />

procedure, whilst still intubated, the cat<br />

ceased breathing. Efforts were made to<br />

resuscitate; however the cat was unable to<br />

be revived.<br />

The matter was referred to an Informal<br />

Hearing into the pr<strong>of</strong>essional conduct <strong>of</strong><br />

Dr Z. It was alleged that Dr Z engaged<br />

in unpr<strong>of</strong>essional conduct in that Dr Z<br />

did not obtain written consent for a<br />

procedure as required by Guideline 8.4.<br />

It was further alleged that Dr Z engaged<br />

in unpr<strong>of</strong>essional conduct in that Dr Z<br />

did not <strong>of</strong>fer a post-mortem as required<br />

by Guideline 16.4.1.<br />

In relation to the first allegation regarding<br />

consent, the <strong>Board</strong> found that Dr Z had<br />

not engaged in unpr<strong>of</strong>essional conduct.<br />

The <strong>Board</strong> deemed that the veterinary<br />

treatment provided by Dr Z was<br />

appropriate and <strong>of</strong> a satisfactory standard.<br />

The <strong>Board</strong> noted that clinical examination<br />

<strong>of</strong> the cat revealed no abnormalities on<br />

the day and the anaesthetic regime used<br />

was an appropriate choice for a cat <strong>of</strong><br />

such age and clinical history. The <strong>Board</strong><br />

could not determine the cause <strong>of</strong> death as<br />

no post mortem was performed. The<br />

<strong>Board</strong> noted that unexpected and<br />

unexplained deaths relating to an<br />

anaesthetic or surgical procedure do<br />

occasionally occur in veterinary practice.<br />

In this case, the death was an unfortunate<br />

but unforeseeable event.<br />

Whilst Dr Z admitted written consent<br />

was not obtained for the procedure, the<br />

<strong>Board</strong> considered that the presence <strong>of</strong><br />

the owners as witnesses to the<br />

procedure, constituted their consent.<br />

The owners informed the <strong>Board</strong> that at<br />

the time <strong>of</strong> the procedure they were<br />

aware <strong>of</strong> the possible risks and<br />

complications <strong>of</strong> anaesthesia. Therefore<br />

the <strong>Board</strong> considered that the consent<br />

was informed.<br />

The <strong>Board</strong> noted that Dr Z has since<br />

implemented the mandatory use <strong>of</strong><br />

written consent forms to record<br />

informed consent.<br />

In relation to the second allegation<br />

regarding post<br />

mortem, the <strong>Board</strong> found Dr Z had<br />

engaged in unpr<strong>of</strong>essional conduct and<br />

was counselled as follows:<br />

• In the event <strong>of</strong> the<br />

unexplained/unexpected<br />

death <strong>of</strong> an animal whilst<br />

under the care <strong>of</strong> a veterinary<br />

practitioner, the practitioner<br />

should <strong>of</strong>fer the owner the<br />

option <strong>of</strong> a post mortem,<br />

which may provide<br />

information regarding the<br />

cause <strong>of</strong> death, as required by<br />

and in compliance with<br />

Guideline 16.4.<br />

The <strong>Board</strong> found that a post mortem<br />

was not <strong>of</strong>fered in an attempt to<br />

establish cause <strong>of</strong> death. The <strong>Board</strong><br />

acknowledged the traumatic nature <strong>of</strong><br />

the event and understood Dr Z’s<br />

reticence to add to the owner’s distress.<br />

However, the <strong>Board</strong> deemed that in<br />

order to comply with Guideline 16.4, a<br />

post mortem should have been <strong>of</strong>fered.<br />

Page 5 <strong>of</strong> 10


Case Study 2<br />

A 3 year old dog was presented to Dr K for<br />

pregnancy diagnosis. Dr K was unable to confirm<br />

pregnancy through physical examination and<br />

referred the dog for abdominal ultrasound. An<br />

ultrasound examination revealed the presence <strong>of</strong> at<br />

least six pups. An appointment was subsequently<br />

made for the dog to undergo an elective caesarean<br />

section on a date close to that <strong>of</strong> the calculated<br />

whelping date.<br />

Dr K later examined the dog and based on the<br />

clinical findings; believed the dog was approaching<br />

natural parturition. An elective caesarean section<br />

was undertaken by Dr K. Six puppies were<br />

delivered alive; however no viable puppies survived<br />

despite efforts to resuscitate. One <strong>of</strong> the puppies<br />

was born with no hind limbs. Another had an<br />

umbilical hernia <strong>of</strong> which the origin is unclear.<br />

These two puppies were subsequently euthanised.<br />

No oxytocin was administered to the dog in the post<br />

surgical period as none was available in the clinic.<br />

Dr K advised the owner to be cautious breeding<br />

with the dog again due to the incidence <strong>of</strong> genetic<br />

abnormality. Six days post surgery, the dog naturally<br />

delivered a further two puppies at home. One was<br />

found dead in the garden and one has survived.<br />

During the natural delivery the dog herniated the<br />

surgical wound.<br />

The matter was referred to an Informal Hearing into<br />

the pr<strong>of</strong>essional conduct <strong>of</strong> Dr K. It was alleged<br />

that Dr K engaged in unpr<strong>of</strong>essional conduct in that<br />

Dr K failed to complete a caesarian section with due<br />

care, resulting in the retention <strong>of</strong> two puppies. It<br />

was further alleged that Dr K engaged in<br />

unpr<strong>of</strong>essional conduct in that Dr K failed to use an<br />

appropriate anaesthetic regime, as required by<br />

Guideline 12.2 and this may have contributed to<br />

foetal depression and the subsequent death <strong>of</strong> the<br />

neonates. The final allegation was that Dr K<br />

engaged in unpr<strong>of</strong>essional conduct in that Dr K may<br />

have misdiagnosed the neonatal mortalities as being<br />

due to genetic abnormality.<br />

In relation to the first allegation Dr K was found to<br />

have engaged in unpr<strong>of</strong>essional conduct, and was<br />

cautioned. A caution is a formal notification, in the<br />

context <strong>of</strong> an advisory warning, to a registered<br />

veterinary practitioner. It warns the registered<br />

veterinary practitioner that a change in his or her<br />

manner <strong>of</strong> practice is required in order to conform<br />

to the minimum standards <strong>of</strong> the pr<strong>of</strong>ession as<br />

dictated by the requirements <strong>of</strong> the <strong>Veterinary</strong><br />

Practice legislation, or by ancillary legislation (e.g.<br />

Drugs, Poisons and Controlled Substances<br />

legislation), or by the written Guidelines <strong>of</strong> the <strong>Board</strong>,<br />

or by the commonly understood community standards<br />

and those <strong>of</strong> the veterinary practitioner's peers. It<br />

becomes a matter <strong>of</strong> permanent record on the<br />

veterinary practitioner's file and may be referred to in<br />

any future Hearing or action taken by the <strong>Board</strong>.<br />

The <strong>Board</strong> determined that Dr K be cautioned to<br />

change such manner <strong>of</strong> practice in order to conform<br />

to the minimum standards <strong>of</strong> the pr<strong>of</strong>ession as<br />

dictated by the requirements <strong>of</strong> the <strong>Veterinary</strong> Practice<br />

Act 1997, and was further instructed to undertake<br />

further private study on the use <strong>of</strong> oxytocin.<br />

The <strong>Board</strong> accepted that the decision to proceed with<br />

the caesarean section was made in good judgement<br />

based on clinical findings indicating that parturition<br />

was imminent. However both Dr K and the <strong>Board</strong><br />

agreed that the surgery was not carried out with due<br />

care, resulting in the retention <strong>of</strong> two puppies. The<br />

<strong>Board</strong> found that Dr K failed to adequately inspect<br />

the uterus before completing the surgery and thus<br />

overlooked the remaining two puppies. The <strong>Board</strong><br />

considered checking the uterus before closing the<br />

surgical incision to be a basic principle <strong>of</strong> caesarean<br />

surgery and that failure to do so was unacceptable<br />

veterinary practice. As such the <strong>Board</strong> determined that<br />

Dr K did not exercise reasonable skill and care as is<br />

expected <strong>of</strong> a registered veterinary practitioner.<br />

The <strong>Board</strong> also believed that the failure to administer<br />

oxytocin may have contributed to the unfortunate<br />

outcome. The <strong>Board</strong> considered that had oxytocin<br />

been administered it may have aided uterine<br />

contractions and resulted in the delivery <strong>of</strong> the further<br />

two puppies in the period before the dog was<br />

discharged home. The <strong>Board</strong> understood that no<br />

oxytocin was available in the clinic but believed that<br />

an alternative source should have been sought. The<br />

<strong>Board</strong> advised that in most cases, even those without<br />

complications, the use <strong>of</strong> oxytocin may be beneficial<br />

after whelping.<br />

The <strong>Board</strong> questioned Dr K on the choice <strong>of</strong> suture<br />

technique. The <strong>Board</strong> advised that Dr K consider the<br />

use <strong>of</strong> a simple interrupted suture pattern rather than a<br />

simple continuous pattern in cases where undue stress<br />

may be placed on the incision site.<br />

The <strong>Board</strong> noted that as a result <strong>of</strong> this event Dr K<br />

has made changes in surgical preparation and<br />

technique. The <strong>Board</strong> further noted that Dr K is<br />

undertaking further studies in surgery.<br />

In relation to the second allegation Dr K was found<br />

not to have engaged in unpr<strong>of</strong>essional conduct.<br />

Page 6 <strong>of</strong> 10


BOARD UPDATE VOL. 30, no 2 Winter 2006<br />

The <strong>Board</strong> read extracts <strong>of</strong> current and reputable<br />

references provided by Dr K, which indicated the<br />

anaesthetic regime used fell within the range <strong>of</strong><br />

those recommended by such references. Whilst the<br />

<strong>Board</strong> considered that it was possible that Dr K’s<br />

choice <strong>of</strong> anaesthetic regime may have contributed<br />

to foetal depression and the subsequent death <strong>of</strong> the<br />

puppies, this could not be ascertained with the<br />

evidence provided. The <strong>Board</strong> noted that as a result<br />

<strong>of</strong> this event Dr K has revised particular anaesthetic<br />

protocols.<br />

In relation to the final allegation Dr K was found to<br />

have engaged in unpr<strong>of</strong>essional conduct and was<br />

counselled that any diagnosis and/or advice given<br />

must be based on sufficient and sound evidence to<br />

support the claim being made. The <strong>Board</strong> noted<br />

there were disparities between the owner and Dr K<br />

as to their respective recollection <strong>of</strong> the statements<br />

made and that there may have been certain<br />

misunderstandings between them. However, the<br />

<strong>Board</strong> accepted the account <strong>of</strong> the owner that Dr K<br />

stated that there was evidence <strong>of</strong> genetic abnormality<br />

and advised caution in breeding with the dog or the<br />

same sire again. The <strong>Board</strong> considered Dr K’s<br />

diagnosis <strong>of</strong> genetic abnormality to be without<br />

sufficient evidence and therefore inappropriate. The<br />

<strong>Board</strong> deemed that one deformed pup out <strong>of</strong> eight is<br />

not conclusive evidence <strong>of</strong> a genetic abnormality,<br />

particularly as this was the first litter, and it did not<br />

adequately explain the death <strong>of</strong> all <strong>of</strong> the puppies<br />

delivered by caesarean section. The <strong>Board</strong> found that<br />

there was insufficient evidence for Dr K to reach such<br />

a diagnosis and that any future advice provided to<br />

owners be based on solid scientific evidence.<br />

COMPLAINTS TIMELINE SUMMARY<br />

The Complaints Committee met in May 2006 and<br />

reviewed the Complaints timeline for the July to<br />

December and January to June 2005 periods. The<br />

timeline includes the average number <strong>of</strong> days taken<br />

for a complaint to be delegated from the date it was<br />

received, the average number <strong>of</strong> days taken to send<br />

letters to veterinary practitioners informing them <strong>of</strong><br />

the complaint and requesting their response, the<br />

number <strong>of</strong> days in which a veterinary practitioner<br />

responded, the average number <strong>of</strong> days a<br />

complainant takes to respond to a veterinary<br />

practitioner’s response and the average number <strong>of</strong><br />

days in which a complaint is concluded.<br />

It was noted that the average number <strong>of</strong> days in<br />

which a complaint was delegated by the <strong>Board</strong>, after<br />

receipt, was 15 days in the July to December period,<br />

6 days less than in the previous six month period.<br />

The average number <strong>of</strong> days taken to present cases to<br />

the Preliminary Investigation Panel between July and<br />

December was 52 days, 41 days less than in the<br />

previous period. The average number <strong>of</strong> days in which<br />

the Preliminary Investigation Panel made a<br />

recommendation to the <strong>Board</strong> was 26 days, 11 days<br />

less than in the previous period. Between receipt <strong>of</strong> a<br />

complaint and complaint closure the average<br />

timeframe was 172 days during the July to December<br />

period, compared to 215 days in the January to June<br />

2005 period. This figure represents a significant 20<br />

per cent reduction in the timeframe <strong>of</strong> complaints<br />

processing.<br />

There are currently 27 complaints being investigated,<br />

including those being prepared for Formal and<br />

Informal Hearings.<br />

COMPLAINTS 2005-2006<br />

During June 2005-June 2006 a total <strong>of</strong> 32% (2005:<br />

39%) <strong>of</strong> complaints enquiries dealt with were<br />

formalised in writing. This represents a ratio <strong>of</strong><br />

one complaint per 48.91 registered veterinary<br />

practitioners (2005: 30.53). It is interesting to show<br />

how the level <strong>of</strong> complaints relates to the number <strong>of</strong><br />

veterinary consultations provided over the course <strong>of</strong><br />

a year. Most complaints were lodged against the<br />

81% <strong>of</strong> veterinary practitioners in private practice in<br />

2005/6.<br />

Based on an estimate that each practitioner saw on<br />

average 10 cases per working day, there were<br />

4,099,500 animal consultations in <strong>Victoria</strong> in the<br />

reporting period, which equates to one complaint per<br />

89,119 animal consultations or less than 0.001%.<br />

This is significant in that it shows that the vast<br />

majority <strong>of</strong> veterinary consultations are conducted at<br />

a standard that is acceptable to animal owners<br />

Page 7 <strong>of</strong> 10


GUIDELINES<br />

The <strong>Veterinary</strong> Practice Act 1997 states<br />

in Section 62(1)(e) that “The <strong>Board</strong> has the<br />

following function – to issue guidelines about<br />

appropriate standards <strong>of</strong> veterinary practice and<br />

veterinary facilities” Consequently the<br />

<strong>Board</strong> expects registered veterinary<br />

practitioners to follow the guidelines<br />

issued by the <strong>Board</strong> as minimum<br />

standards in veterinary practice. The<br />

expectation is also that veterinary<br />

practitioners will keep up-to-date with<br />

their guidelines so they are always<br />

referring the most recent issue <strong>of</strong> a<br />

particular guideline.<br />

Although Guidelines will continue to be<br />

<strong>update</strong>d as necessary throughout the<br />

year, acting on suggestions from<br />

registered veterinary practitioners all<br />

Guidelines issued by the <strong>Board</strong> will be<br />

reviewed annually – in July.<br />

Guidelines will be identified as having<br />

been ‘<strong>update</strong>d’ meaning that amendments<br />

have been made to the guideline, or as<br />

‘reviewed’ meaning that the guideline is<br />

current.<br />

A listing showing the most current<br />

<strong>update</strong>/review date will be included on<br />

the Guidelines page <strong>of</strong> the website, and<br />

printed as a standard item in each issue<br />

<strong>of</strong> <strong>Board</strong> Update.<br />

<strong>Practitioners</strong> will be able to download a<br />

new set <strong>of</strong> guidelines from the website<br />

from the end <strong>of</strong> August and may obtain a<br />

hard copy on request to the <strong>of</strong>fice (9620<br />

7444).<br />

Currency <strong>of</strong> Guidelines as at July 2006<br />

Guideline<br />

Status<br />

1 Standards <strong>of</strong> <strong>Veterinary</strong> Practice Reviewed July 2006<br />

2 Standards <strong>of</strong> House-Call Reviewed July 2006<br />

Practices<br />

3 Standards <strong>of</strong> Mobile <strong>Veterinary</strong> Reviewed July 2006<br />

Clinics<br />

4 After-Hours Hospitalisation Reviewed July 2006<br />

5 Provision <strong>of</strong> Certificates Reviewed July 2006<br />

6 Supply and Use <strong>of</strong> Drugs in Updated July 2006<br />

<strong>Veterinary</strong> Practice<br />

7 Employer/Employee Relations Reviewed July 2006<br />

8 Communication with Clients Updated July 2006<br />

9 Obligation to Provide Treatment Reviewed July 2006<br />

10 Euthanasia <strong>of</strong> Animals Updated July 2006<br />

11 <strong>Veterinary</strong> Medical Records Updated July 2006<br />

12 Caesarean Section in Dogs and Reviewed July 2006<br />

Cats<br />

13 Continuing Pr<strong>of</strong>essional Reviewed July 2006<br />

Development<br />

14 Registered Specialists and Reviewed July 2006<br />

Specialist Practice Standards<br />

15 Inter-Practitioner<br />

Reviewed July 2006<br />

Communications<br />

16 Conflict <strong>of</strong> Interest for Reviewed July 2006<br />

<strong>Veterinary</strong> <strong>Practitioners</strong><br />

17 Provision <strong>of</strong> Services Across Reviewed July 2006<br />

Borders & Remote Clients<br />

Updates to Guidelines are:<br />

6 6.7.1 and 6.8 relating to the re-scheduling <strong>of</strong><br />

Ketamine<br />

8 8.5 relating to the use <strong>of</strong> consent forms<br />

10 10.4.1 relating to medical records for stray animals<br />

11 11.1.8 relating to medical records for stray<br />

animals<br />

11.2.1 retention <strong>of</strong> medical records<br />

11.2.2 and 11.2.3 deleted<br />

11.3.2 relating to transfer <strong>of</strong> medical records<br />

11.4 – 11.4.4 – renumbered to 11.5 – 11.5.4<br />

11.4 – 11.4.3 new clauses relating to sale, transfer<br />

or closure <strong>of</strong> a practice<br />

“OFF-LABEL” USE OF DRUGS<br />

The <strong>Board</strong> has been made aware, through<br />

the complaints process, that there are<br />

registered veterinary practitioners who are<br />

not following Guideline 6.15 in their<br />

prescribing <strong>of</strong> “<strong>of</strong>f-label” drugs. It is <strong>of</strong><br />

concern to the <strong>Board</strong> that the misuse <strong>of</strong><br />

the privilege to be able to supply “<strong>of</strong>flabel”<br />

may lead to the withdrawal <strong>of</strong> this<br />

privilege.<br />

<strong>Veterinary</strong> practitioners must be aware <strong>of</strong><br />

the legal limits that have been placed on<br />

the “<strong>of</strong>f-label” prescribing <strong>of</strong> drugs as<br />

detailed in Guideline 6.15. They must also<br />

be aware <strong>of</strong> the restrictions placed by the<br />

Agriculture and <strong>Veterinary</strong> Chemicals Act,<br />

also explained in Guideline 6.15<br />

.It is essential that veterinary practitioners<br />

who prescribe “<strong>of</strong>f-label” advise the client<br />

<strong>of</strong> what they are doing and explain why they<br />

are prescribing this particular drug. The<br />

informed consent <strong>of</strong> the client must also be<br />

documented in the clinical records <strong>of</strong> the<br />

animal concerned.<br />

Page 8 <strong>of</strong> 10


BOARD UPDATE VOL. 30, no 2 Winter 2006<br />

WWW.VETBOARD.VIC.GOV.AU<br />

The website <strong>of</strong> the <strong>Board</strong> now has its own<br />

search engine. This facility is available on the<br />

three main pages <strong>of</strong> the site: Home, Public<br />

and Vets.<br />

When searching for registered veterinary<br />

practitioners on the website, on either the<br />

Public or Vets page, a number <strong>of</strong> searching<br />

tips need to be remembered:<br />

1. If a practitioner has only given a<br />

private address, the location and<br />

postcode will not appear.<br />

2. Business telephone numbers are<br />

only included if they have been<br />

provided by the practitioner<br />

3. Search on one field at a time as<br />

searching is literal, consequently<br />

if there is no information in one<br />

<strong>of</strong> the fields the search result will<br />

be zero.<br />

4. Occasionally spelling errors<br />

are made in the database so<br />

if a search in one field is<br />

unsuccessful, try another<br />

field.<br />

5. When searching on location<br />

it may be preferable to use<br />

the postcode as location<br />

names can be input in a<br />

number <strong>of</strong> different<br />

formats, depending on how<br />

it is supplied by the<br />

applicant, eg Carlton Nth or<br />

Nth Carlton<br />

6. Non-practising veterinarians<br />

and veterinarians holding<br />

specific or conditional<br />

registration are not listed on<br />

the website.<br />

7. The on-line Register is<br />

<strong>update</strong>d monthly after the<br />

<strong>Board</strong> meeting, so if a<br />

practitioner does not appear<br />

please ring the <strong>of</strong>fice to<br />

check on their status.<br />

The Links are kept as up to date as<br />

possible. If, in the process <strong>of</strong> using a<br />

link, it is discovered to be no longer<br />

current please contact the <strong>of</strong>fice and<br />

advise which link it is so we can organise<br />

to have it <strong>update</strong>d. Either telephone 03<br />

9620 7444, fax 03 9620 7044 or email<br />

deputyregistrar@vet<strong>board</strong>.vic.gov.au.<br />

BOARD PUBLICATIONS<br />

The 2006 Vet List is available for those<br />

practitioners who would like a copy. A<br />

mailing list is kept in the <strong>of</strong>fice <strong>of</strong><br />

practitioners who wish to receive a Vet List<br />

every year, as they are no longer posted out<br />

automatically. If you would like to be added<br />

to that mailing list please advise the <strong>of</strong>fice<br />

and also the address to which the Vet List is<br />

to be posted.<br />

The 2005-2006 Annual Report <strong>of</strong> the<br />

<strong>Board</strong> will be available in early October.<br />

Copies <strong>of</strong> the Annual Report can be<br />

provided to practitioners. Please advise<br />

the <strong>of</strong>fice if you would like to receive one<br />

or be placed on the annual mailing list.<br />

The Annual Report will also be available<br />

to be downloaded from the website.<br />

Page 9 <strong>of</strong> 10


DEPARTMENT OF PRIMARY INDUSTRIES<br />

BOARD MEMBERS<br />

<strong>Veterinary</strong> <strong>Practitioners</strong> <strong>Registration</strong> <strong>Board</strong><br />

<strong>of</strong> <strong>Victoria</strong><br />

Applications for selection to seven positions on the <strong>Veterinary</strong><br />

<strong>Practitioners</strong> <strong>Registration</strong> <strong>Board</strong> <strong>of</strong> <strong>Victoria</strong> are now being<br />

sought from suitably qualified people who are interested in the<br />

veterinary pr<strong>of</strong>ession.<br />

The <strong>Board</strong><br />

The <strong>Veterinary</strong> <strong>Practitioners</strong> <strong>Registration</strong> <strong>Board</strong> <strong>of</strong> <strong>Victoria</strong><br />

is a statutory authority created through the passing <strong>of</strong> the<br />

<strong>Veterinary</strong> Practice Act 1997.<br />

The legislative functions <strong>of</strong> the <strong>Board</strong> are:<br />

• to register veterinary practitioners;<br />

• to investigate complaints against registered<br />

veterinary practitioners;<br />

• to subject registered veterinary practitioners to disciplinary<br />

procedures when appropriate;<br />

• to issue guidelines; and<br />

• to advise the Minister on any matters relating to the<br />

<strong>Board</strong>’s functions.<br />

The <strong>Board</strong>’s mission is to protect the public by ensuring access<br />

to veterinary services <strong>of</strong> an appropriate standard, delivered by<br />

veterinary practitioners acting in accordance with appropriate<br />

standards <strong>of</strong> pr<strong>of</strong>essional conduct through the effective and<br />

efficient administration <strong>of</strong> the <strong>Veterinary</strong> Practice Act 1997.<br />

Candidates<br />

Of the seven positions to be filled, four are to be registered<br />

veterinary practitioners, one is to be a lawyer and two persons<br />

are not to be veterinary practitioners, but may have an interest<br />

in the use <strong>of</strong> veterinary services. The term <strong>of</strong> <strong>of</strong>fice <strong>of</strong> these<br />

part-time positions is three years from 18 March 2007 and<br />

a statutory sitting fee is applicable.<br />

Appointment<br />

The <strong>Board</strong> is established under the <strong>Veterinary</strong> Practice Act 1997<br />

and members are appointed by the Governor in Council upon<br />

the recommendation <strong>of</strong> the Minister for Agriculture following<br />

consideration <strong>of</strong> the applications.<br />

Applications<br />

Applications are invited from veterinary practitioners, and<br />

suitably qualified and interested people who can contribute<br />

with expertise in finance and business management, legal<br />

practice and the use <strong>of</strong> veterinary services.<br />

You must provide details <strong>of</strong> your qualifications, knowledge and<br />

experience which you believe qualifies you for appointment.<br />

Applications in writing should be forwarded to:<br />

Miss Hilary Pope, Project Officer, Chief <strong>Veterinary</strong> Officer’s Unit,<br />

Department <strong>of</strong> Primary Industries, 475 Mickleham Road,<br />

Attwood, VIC 3049, or by e-mail to hilary.pope@dpi.vic.gov.au<br />

Applications close: Tuesday 5 September 2006.<br />

For information about DPI visit the website<br />

at www.dpi.vic.gov.au or call the Customer<br />

Service Centre on 136 186.<br />

F PRIMARY INDUSTRIES<br />

<strong>Board</strong> Members<br />

Page 10 <strong>of</strong> 10

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