VCNZ Code of Professional Conduct

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Professional Integrity

Veterinarians must act in a manner that promotes the public's trust and confidence in the profession.

[Show All Explanatory Notes]

[Show Explanatory Notes - Guiding Statement]

Veterinarians must display high standards of integrity and accountability and must not engage in fraud, misrepresentation or deception.

[Show Explanatory Notes - Section 1]
Understanding Section 1

Integrity means adherence to professional and ethical standards. It is a personal quality that is characterised by consistency of conduct, honesty and incorruptibility. As such, integrity is an essential and defining element of professionalism.

Accountability is the professional obligation on veterinarians to be able to justify and be held responsible for their actions.

Veterinarians must maintain the integrity of certification.

[Show Explanatory Notes - Section 2]
Understanding Section 2

Integrity of certification is central to the national interest, continuity of trading access, and public confidence in the profession. Any action by a veterinarian which contributes to bringing the integrity of veterinary certification into disrepute is considered very seriously by VCNZ. While this section of the Code refers mainly to written signed certificates, the principles apply equally to systems using electronic means of certification.

Subject to the variations permitted by paragraph (e) below, the following basic principles apply to all forms of certification by veterinarians:

It is unacceptable for veterinarians to sign certificates which they know or should have known are untrue, misleading, or inaccurate.

Certifying veterinarians are personally responsible for their signature on a certificate and therefore must ensure they retain the sole and indisputable right to issue or to refuse to issue a certificate (unless instructed not to issue it by an appropriate authority).

Certifying veterinarians must familiarise themselves with the form of certificate and any accompanying instructions, guidelines etc and consider carefully all the implications of issuing it bearing in mind the individual circumstances of each case.

Certifying veterinarians must only attest to matters which:

Are within their current knowledge; or

Can readily be ascertained personally; or

Are the subject of a supporting document of attestation from another individual who does have personal knowledge of the matter in question and is officially recognised (e.g. Government appointed or accredited) as competent to provide such a supporting document or statement; or

Are supported by regularly updated advice provided by another veterinarian or an officially recognised person who has personal knowledge of the matters in question, and whose name and contact details are recorded on an electronic database accessible to the certifying veterinarian.

Matters outside the current knowledge of the veterinarian, and not the subject of a supporting document but known to other persons (e.g. farmer, breeder, truck driver) should be the subject of a declaration by those persons only. The form of declaration may vary from a simple signed statement to a sworn affidavit depending on the significance of what is being certified. Care should be taken to ensure that the person supplying the supporting document has no real or perceived conflict of interest in the matter.

Certifying veterinarians must only attest to compliance with law if they are familiar with the matters of law concerned; or the matters are set out on the certificate; or the designer of the certificate has provided clear guidance in relation to the law concerned.

In the event of any real, possible or perceived conflict between their own interests (including those of their professional clients) and the interests of the person or organisation to whom the certificate is directed, the certifying veterinarian must not issue a certificate without:

Identifying the conflict, or possibility of conflict, to the person/s or organisation concerned

Abiding by the decision on how this should be managed.

Refer to the Explanatory Notes for section 3 of this part of the Code for further guidance on what to do in these situations.

The animal(s) or products being certified must be clearly identifiable from the details on the certificate.

The veterinarian must not sign and issue a blank or incompletely filled certificate form to be completed later by another party.

The veterinarian must complete the certificate with care and accuracy and in a manner and using a means which does not lend itself to alteration, or additions, by a second party after the certificate has been issued i.e. all required information must be entered before the certificate is signed.

The certificate must bear not only the veterinarian's signature but also clearly identify their name, qualifications and address or organisation and (where appropriate) bear official or practice stamps. Veterinarians might also give consideration to using their unique VCNZ registration number on the certificate. This provides an easy means of identifying the certifying veterinarian and their contact details should this be required (via checking with VCNZ office staff - vet@vetcouncil.org.nz or 04 4739600).

The certificate must bear the date on which the certificate was signed and issued (pre-dating and post-dating is not permissible) and (where appropriate) the time for which the certificate remains valid. The certificate should not attest to future events beyond the control of the veterinarian.

Only one original certificate must be issued. Where a copy or replacement is provided or retained it must be clearly marked COPY or DUPLICATE or REPLACEMENT as the case may be. Where practicable the veterinarian should ensure that the certificate being replaced is surrendered or withdrawn and either destroyed or clearly identified as to its revised status.

Where, after issuing a certificate, veterinarians become aware that the certificate should not have been issued or is no longer true, they must withdraw or cancel the certificate, identify the copies accordingly, and inform the affected parties of their action forthwith.

Where veterinarians compile and complete their own form of certificate (or one compiled on their behalf) they must ensure that:

The certificate is written in terms which are as simple and easy to understand (by a non-veterinarian) as possible and which are not capable of more than one interpretation.

The certificate is written in the language(s) of which they have a thorough understanding. If a translation into another language is required it should be provided and certified by a professional translator and be attached to the veterinarian's original certificate.

A copy must be retained and/or be accessible to the certifying veterinarian.

Preferably, each certificate should be given a unique identifier to distinguish it from other certificates.

Veterinarians completing and signing a standardised form other than an official certificate:

Must not add to, or alter, or delete parts of the certificate form unless the certificate indicates that it is permissible to do so.

Must clarify any statements they do not fully understand or consider to be of questionable integrity and, where appropriate, should seek explanation from the form's designers and, if necessary, advice from VCNZ.

Veterinarians issuing official assurances must first familiarise themselves with all regulatory requirements, instructions and guidelines pertaining to the particular category of official assurance being dealt with and:

Ensure they have the necessary prior authority (e.g. appointment, accreditation, delegation) and knowledge before issuing any particular category of official assurances. (As a general rule only MAF-employed veterinarians are so authorised);

Must not add to, or alter, or delete parts of the form of assurance provided unless given specific authority to do so;

Should seek further advice from a MAF (or other Government) official with the appropriate authority and knowledge, if in doubt about issuing an official assurance.

Subject to the qualifications set out in (v) and (vi) below, must adhere to the principles listed in paragraph (b) above;

Despite paragraph (b)(v) above may accept a supporting document of attestation signed by a person who is not an officially recognised individual provided that they, as the certifying veterinarian, are satisfied the person is in a position to sign the attestation accurately and honestly, and there is no reason to doubt the person's integrity; and

May sign an official assurance which invites them to certify 'after due enquiry and to the best of my knowledge' (or similar phrasing) where satisfied as to the authenticity and validity of the document.

In relation to paragraph (e) above it is important that veterinarians distinguish between official assurances explicitly requiring veterinary involvement, and official assurances not requiring veterinary involvement. As a result of international demand the scope of official assurances is now broad, covering: agriculture, horticulture, food, wine, and in recent years 'commercial' claims such as organics and halal. As such, veterinarians are involved in regulatory systems for products with no essential veterinary connection. Under these circumstances veterinarians should exercise their professional judgement soundly and apply the standards and principles of this Code as guidelines when operating in a non-veterinary official assurance environment.

Personal responsibility for one's signature as described in paragraph (b) (ii) above does not preclude the use of electronic signatures. The conditions for use of electronic signatures (including the digitised image of one's actual signature) must include:

Security and controls (system encryption, passwords, etc) of the hardware and software systems which are the repositories of the veterinarian's electronic identity.

Controls sufficient to ensure that no one other than the veterinarian him/herself has access to their electronic identity. The individual veterinarian must ensure they do not compromise the integrity of an electronic system through, among other things, sharing passwords, or remaining logged in to a system while not in attendance, or having the computer they routinely use auto-remember passwords.

Practising in accordance with the Electronic Transactions Act 2002, administered by the Ministry of Economic Development. To achieve this veterinarians engaged in providing certification or other formal correspondence solely through electronic means should familiarise themselves with the relevant provisions of this Act.

Veterinarians must identify, declare and manage conflicts of interest so as to demonstrate that they are acting with impartiality and independence.

[Show Explanatory Notes - Section 3]
Understanding Section 3

A conflict of interest arises when a veterinarian's duties and responsibilities may be affected by some other interest that the veterinarian has, usually a personal or commercial interest. The test for a conflict of interest is not whether the veterinarian thinks that such an interest may affect their ability or actions but rather the perceptions of other people as to whether the conflict may have an affect on the ability or actions of the veterinarian.

A veterinarian must declare a conflict of interest, or a possible conflict, at the earliest possible time that they become aware of circumstances that exist, or that may arise, as to a conflict. Conflicts of interest may arise at any time and the obligation to declare a conflict of interest, or a possible conflict, is ongoing.

The first step in dealing with a conflict of interest is to identify and declare the conflict, or possible conflict. Veterinarians need to consider the nature of their relationship with the person(s) or organisation(s) concerned and also the nature of their duty or obligation. One test is to ask the question - would a reasonable person, aware of all of the facts, consider that the relationship between the veterinarian and the person(s)/organisation(s) concerned would affect the way in which the veterinarian acted? If the answer is 'yes' or 'maybe', then the circumstances of the conflict, or possible conflict, should be disclosed to the person(s) affected. If the answer is 'no', then it is appropriate to proceed.

The second step in dealing with a conflict of interest is to manage the conflict, or possible conflict, and decide what action to take. This would usually involve discussing the matter with the affected person(s) or organisation. Veterinarians should use their judgement in making a decision whether to proceed. In many circumstances it may be more appropriate to withdraw and to refer the person or matter to another veterinarian.

The existence of a conflict of interest does not necessarily mean that a veterinarian cannot be involved in an activity and must withdraw. However if the veterinarian decides to proceed then a procedure needs to be followed to ensure that the person(s) who may be affected by the conflict is fully informed of the circumstances of the conflict, or possible conflict, and gives consent to the veterinarian continuing to act. If there is any doubt as to what action should be taken, it is better to withdraw.

Veterinarians may have access to workplace policies and procedures for managing conflicts of interest. In the absence of such policies the Flowchart for Managing Conflicts of Interest offers some guidance on how to manage conflicts.

Veterinarians are advised to keep records in all situations where conflicts, or possible conflicts of interest arise. These should include:

The nature of the conflict

The process by which the conflict is managed

Situations where they identified that a possible conflict might exist, but decided that no conflict existed and they proceeded to provide services.

Where a veterinarian is asked for an opinion, or to issue a certificate in an area where the veterinarian has a conflict of interest, then it is advisable to notify the conflict and withdraw. However, if the requester still wishes the veterinarian to provide an opinion or issue a certificate then the veterinarian should declare the conflict as part of the opinion or certificate so that the reader of the certificate or opinion is aware of any associated interest that the veterinarian may have.

Veterinarians must not seek or accept inducements that can be shown to influence their treatment or sales decisions.

[Show Explanatory Notes - Section 4]
Understanding Section 4

Veterinarians are expected to make conscientious and judicious use of current best evidence and integrate this with their own clinical expertise and experience when making decisions about the treatment of animals. Veterinarians must also be satisfied that the choice of veterinary medicine used to treat an animal(s) is justified, and that use is appropriate to achieve the intended effect. Veterinarians in a practice are expected to be satisfied that their staff follow the same standards when making sales recommendations.

The perception that a veterinarian or a practice staff member is making treatment decisions or recommendations on the basis of commercial influence will undermine the public's trust in the profession.

The potential for commercial influence is relevant for decisions involving the authorisation and/or sale of both restricted and unrestricted veterinary medicines.

Veterinarians should use their judgement when offered inducements. Those which are low in monetary value, provide negligible personal benefit, or which are directly relevant to veterinary practice (eg text books, veterinary equipment etc) are likely to be acceptable. Ultimately the test the veterinarian should apply is whether they believe the gift has the potential to influence their professional judgement. Even though the potential for influence may seem low in a given situation it is likely to be more obvious to members of the public than to the veterinarians. Questions worth considering when faced with the offer of an inducement include:

Would my clients consider that my treatment recommendations might be influenced if I accept?

How would the media respond if the inducement was disclosed?

Standard commercial arrangements between suppliers and veterinary practices around the purchase of products such as rebate structures, volume discounts, loyalty programmes and marketing/promotion agreements are acceptable, provided:

They reasonably reflect the level and type of business transacted between the practice and the supplier; and

Any commercial benefits are directed to the business (not the individuals who are responsible for making the treatment or sales decision).

The veterinary supply industry often contributes to the financing of veterinary continuing professional development activities through sponsorship. This valuable contribution promotes advances in the clinical and professional standards of individual veterinarians and staff as well as of veterinary practices. Such individual and group sponsorship should be publically disclosed in order to minimise perceptions of a conflict of interest, and to encourage the conscious avoidance of improper influence.

Veterinarians must immediately notify MAF when they suspect the presence of any organism (disease, parasite etc.) not usually seen in New Zealand, and any notifiable organism and then comply with the instructions of MAF.

[Show Explanatory Notes - Section 5]
Understanding Section 5

In the event of an exotic pest or disease incursion or notifiable disease outbreak most animal owners can be expected to seek veterinary advice. In both situations early disease recognition and containment offer the best opportunity for effective pest or disease control and eradication.

Veterinarians are expected to be able to distinguish 'normal' endemic pests and diseases from the abnormal notifiable or exotic. When they suspect a notifiable or exotic disease they must remain on the property and immediately phone the suspected exotic disease hotline 0800 809966 to notify. The Investigation and Diagnostic Centre (IDC) veterinarian on call is required to respond within 15 minutes and determine the next steps of the investigation. The onsite veterinarian should request that all movements on and off the property cease until the IDC veterinarian responds.

The veterinarian must follow the instructions given by the IDC veterinarian.

Veterinarians called as either a witness or an expert witness in a court or tribunal must give their evidence honestly and accurately. When presenting expert evidence, veterinarians must do so impartially and within their areas of expertise.

[Show Explanatory Notes - Section 6]
Understanding Section 6

Veterinarians may on occasions be asked to prepare or present evidence for a court or tribunal. This could be either as a witness as to the facts of a case or as an expert witness. All witnesses must give their evidence accurately and honestly. Expert witnesses have extra responsibilities conferred on them by rules of evidence and codes of conduct required by the courts.

Where a veterinarian is called as a witness as to the facts the purpose of their evidence is to set out the factual circumstances. It is not the role of a veterinarian to give an opinion but rather to report the facts accurately in their evidence.

An expert witness may be called either by a party or by the court or tribunal. When a veterinarian is called as an expert witness to give expert evidence in a court or tribunal they must give their evidence impartially and within their area of expertise. The veterinarian may be asked to give an opinion and in doing so they have an over-riding duty to assist the court or tribunal. They are not an advocate for the party that engages them, whether that person is a client or not.

When a veterinarian gives their expert evidence in the courts they are required to comply with the code of conduct for expert witnesses under the High Court Rules. The Rules require that the expert witness has read the code of conduct and agrees to comply with it. For the full code see Judicature Act 1908 No89, Schedule 4 Code of Conduct for expert witnesses (r9.43).

Veterinarians acting as expert witnesses must state:

Their qualifications as an expert;

The issues that the evidence addresses; and

That the evidence is within their area of expertise.

When giving an expert opinion to the court veterinarians acting as expert witnesses must state the facts, the assumptions on which the opinion is based, and the reasons for the opinion. They must also identify any literature, examinations, tests or other investigations, or any other material used or relied on in support of the expert opinion. Where third party information is relied upon the veterinarian must give details of the qualifications of that person.

Where the court directs the veterinarian to confer with another expert witness to try to reach agreement as to the expert opinions, the veterinarian must comply with the direction of the court. In doing so, the veterinarian must exercise independent and professional judgement and must not act on the instructions and direction of any person to withhold or avoid disagreement.

Veterinarians officiating in a professional capacity at animal based events such as races, shows or competitions must:
1. Declare any conflict of interest relevant to their official duties to the appropriate authority at the earliest opportunity;
2. Behave in accordance with the principles and rules of the competition and those of its organisers;
3. Use their professional judgement to prevent any situation which is likely to compromise an animal's welfare;
4. Avoid any act which unfairly influences any animal's performance.
[Show Explanatory Notes - Section 7]
Understanding Section 7

Whether veterinarians are paid, or not, for officiating at animal based events such as races, shows or competitions their obligations are the same.

It is expected that when acting as official veterinarians at animal based events veterinarians will carry out their role in a manner which is competent, correct, fair, and impartial.

Because of the competitive nature of such events and the potential for commercial gain, it is imperative that veterinarians do not officiate in situations where the perception of a conflict of interest might exist, without that conflict being managed appropriately. Refer to the Explanatory Notes for section 3 of this part of the Code for further guidance.

Before undertaking any official duties veterinarians must ensure they have a full knowledge of the expected duties and associated rules.

Where veterinarians' official duties at such events include the performance of veterinary clinical assessments and treatments, they must ensure that they possess the necessary competency, equipment and materials expected.

When making clinical assessments veterinarians must ensure that the welfare of the animals involved is protected and their decisions are not related to the value of the animal or any betting related impact.

When treating or prescribing for any animal before a race, show or event, veterinarians must ensure that the relevant rules of the Racing, or Harness Racing Conferences, Greyhound Association or similar bodies are followed.

[Show Explanatory Notes - Section 8]
Understanding Section 8

When attending an animal known to be competing in any event, veterinarians must ensure that they are aware of and comply with the relevant rules of the body responsible for organising the event providing such rules are lawful and do not contradict the requirements of this Code.

Where available, veterinarians must be aware of, and take account of, relevant published guidelines which provide authoritative advice on detection times for therapeutic substances used when treating competing animals.

When veterinarians are considering the administration of therapeutic substances, the welfare of the animal must take precedence over decisions based purely on clearance times and the desire to have the animals competing in a particular event.

Veterinarians must not administer treatments which will unfairly influence the performance of the animal.

When promoting services and products:
1. Veterinarians must act fairly representing their capability and competence accurately;
2. Veterinarians must not exaggerate any claim or comparison of the service or product over another or overstate their skills and knowledge by using misleading descriptors.
[Show Explanatory Notes - Section 9]
Understanding Section 9

The promotion of services and products offered by the profession occurs in various ways. Sometimes promotion occurs through direct contact between veterinarians and existing or potential clients. Other forms of promotion are indirect through electronic or written communications, promotional activities, advertising, and media.

When promoting services and products veterinarians need to take care not to claim or imply any personal superiority of professional attributes relative to other veterinarians and must not act in a manner that may impair public confidence in the profession, such as to discredit other veterinary services or products.

Veterinarians need to be accurate when promoting services and products. They must not mislead or deceive the public directly nor by implication, omission, ambiguity, or exaggerated claim or comparison of their service or product over another. When comparing products, veterinarians must only make comparison between products with a similar intended purpose of use.

Promotion involving scientific terminology should be appropriate but also able to be readily understood by the audience to whom it is directed.

When advertising their services and products, veterinarians must act in accordance with the advertising codes of practice. The Advertising Codes of Practice are overseen by the Advertising Standards Authority and establish the following five basic principles:

All advertisements must comply with the law of New Zealand;

No advertisement should impair public confidence in advertising;

No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer;

All advertisements should be prepared with a due sense of social responsibility to consumers and to society; and

All advertisements should respect the principles of free and fair competition generally accepted in business.

The various codes of practice for advertising can be found at www.asa.co.nz.

When advertising a registered veterinary Medicine, veterinarians must act in accordance with MAF guidance. The MAF document Advertising guidelines for products registered under the ACVM Act (at http://www.foodsafety.govt.nz/industry/acvm/publications/labelling-guides/). sets out MAF expectations under the ACVM Act regarding the standards to be maintained by veterinarians when advertising and promoting veterinary medicines.

Endorsements and testimonials involve the public declaration or personal approval by a veterinarian for a product or service. Such activities are a form of advertising and must comply with the guidelines above. In addition any veterinarian providing an endorsement or testimonial must:

Be a bona fide user of the product or service;

Disclose any financial, business or other relationship they have with the seller/supplier; and

Be able to substantiate any claims they make in relation to the product or service.

The VCNZ Policy on Additional registered qualifications and the use of post nominal and courtesy titles provides further guidance and covers:

Restrictions on the use of the title specialist

Advertising areas of particular interest

Use of the courtesy title 'doctor'

Recommendations on advertising qualifications, offices and honours and membership of organisations

Veterinarians must use their professional judgement in deciding whether to notify VCNZ where they have reason to believe that the health, conduct or competence of a colleague is adversely affecting patient care or undermining the public’s trust in the profession.

[Show Explanatory Notes - Section 10]
Understanding Section 10

Notifying Health Concerns

Under the Veterinarians Act 2005 a person is not entitled to be registered, or to continue to practise subsequent to registration, if they cannot practise satisfactorily because of a mental or physical condition.

Conditions that may affect a veterinarian's ability to practise include:

Alcohol or drug abuse or dependence;

Mental health issues;

Stress related impairment;

Declining competence due to loss of motor skills or the early stages of dementia;

Other illnesses and injuries.

The VCNZ Policy on Health Impaired Veterinarians sets out how VCNZ manages unwell practitioners.

Veterinarians who face up to a problem and report their difficulty to VCNZ take the first important step towards recovery. Some veterinarians are not aware they have problems, and resist any offers of support. If professional help is not sought, it is often only a matter of time before serious problems occur. VCNZ's experience is that where an illness is treatable, early intervention usually enables veterinarians to continue practising while receiving treatment. However where this is not the case it is vital, in the public interest, that the veterinarian is closely monitored if that is appropriate and safe, or discontinues work if necessary.

Covering up for a colleague is counter productive. Without help and support, an unfit veterinarian risks putting patients, the profession and his or her reputation in jeopardy.

Questions to consider in deciding whether to notify VCNZ:

Are my reasons for believing the veterinarian is unwell valid?

Are my reasons for believing their health is adversely affecting their practice valid?

Should I be discussing my concerns with my employer/colleagues?

Have I discussed my concerns with the veterinarian concerned?

Have I, or should I, advise the veterinarian that I am considering reporting to VCNZ?

Is the veterinarian aware of the problems and willing to address them?

Have local measures been put in place which assure me that the veterinarian is now practising safely?

Have I encouraged the veterinarian to report their difficulties to VCNZ? Has this occurred?

It is strongly recommended that veterinarians notify VCNZ in circumstances when:

Direct approaches and/or local interventions have not worked

The veterinarian is not aware they have problems and/or resists offers of support or help

The veterinarian has resisted recommendations to report their health issues to VCNZ

The illness or condition is impacting on the veterinarian's practice to the extent that s/he poses a significant risk of harm to their patients, to the public interest or themselves.

Notifying Competence Concerns

Veterinarians are required to maintain their competence in the areas they practise in. In situations where a veterinarian's competence has been called into question VCNZ can assess their practise and put in place remedial measures if competence is found wanting.

The VCNZ Policy on Competence and Competence Assessment contains further information and sets out what VCNZ takes into consideration in deciding whether to undertake a competence assessment.

Questions to consider in deciding whether to notify VCNZ

Are my reasons for believing that the veterinarian's competence is impaired valid?

Is there a one off incident that concerns me, or does it appear that there is a pattern of errors or poor practice? For example lack of skills or knowledge, inadequate understanding of concepts and procedures, poor judgment.

Should I be discussing my concerns with my employer/colleagues?

Have I discussed my concerns with the veterinarian concerned? Note in discussing your concerns it is helpful if you have specific incidents or cases to point to, particular issues in those cases that concern you and some suggestions on steps the veterinarian could take to address the concerns

If it was a one off incident how serious was the departure from accepted standards? Did the veterinarian have an adequate explanation for this departure?

Is the poor performance related to factors beyond the veterinarian's control e.g. high workload, lack of CPD opportunities, lack of support?

Is the veterinarian aware of the concerns and willing to address them?

Have local measures been put in place to address the concerns? For example education, mentoring, support, supervision, performance management

It is strongly recommended that veterinarians notify VCNZ in circumstances when:

A veterinarian resigns or has been dismissed for reasons related to competence;

Local interventions have been offered or put in place to address the concerns and these have been rejected, or have not worked.

Notifying Conduct Concerns

The Code of Professional Conduct sets out the professional and ethical conduct standards veterinarians are expected to meet. Breaches of the Code can result in charges of professional misconduct being laid against the veterinarian before the VCNZ's Judicial Committee.

Veterinarians concerned about the conduct of another veterinarian can make a formal complaint to VCNZ (under s38 of the Veterinarians Act, 2005) or notify it as a concern.

Questions to consider in deciding whether to notify VCNZ:

Are my reasons for believing that the veterinarian's conduct is adversely affecting patient care or undermining the public's trust in the profession valid?

What professional or ethical standards are being breached?

Should I be discussing my concerns with my employer/colleagues?

Has there been a recent change in the veterinarian's behaviour? If so could this be due to a health issue?

Have I discussed my concerns with the veterinarian concerned? Note:
- In discussing your concerns it is helpful if you have specific incidents or cases to point to, particular issues in those cases that concern you and some suggestions on steps the veterinarian could take to address the concerns
- In some circumstance you may wish to put your concerns in writing to the veterinarian concerned. For example when oral approaches have not worked or are not appropriate.

How serious was the departure from accepted professional or ethical standards? Did the veterinarian have an adequate explanation for this departure?

Have local measures been put in place to address the concerns?

It is strongly recommended that veterinarians notify VCNZ in circumstances when:

A veterinarian resigns or has been dismissed for reasons related to conduct;

Direct approaches and/or local interventions have been offered or put in place to address the concerns and these have been rejected, or have not worked;

The breaches are serious. For example falsifying records, exploiting clients, the behaviour is dishonest, fraudulent, or malicious, criminal offending, selling restricted veterinary medicines without a consultation, providing veterinary medicines for human use;

The veterinarian displays a reckless or willful disregard:
- Of their duty of care to the animals being treated and/or the public interest;
- To the requirements of the Code of Professional Conduct.

General Guidance on Notifications

It is recommended that employers consider specifying, in their employment agreements with veterinarian staff, the circumstances under which they will notify VCNZ. For example where the veterinarian resigns or is dismissed for reasons of competence, conduct or health.

Notifications about a fellow veterinarian should be in writing to the VCNZ Registrar and include the notifier's name and contact details.

Formal complaints must be in writing.

VCNZ prefers to disclose the identity of the person who has made the notification to the veterinarian concerned. It is difficult to comply with the requirements of the Veterinarians Act 2005 and the principles of natural justice when the identity of the complainant / notifier is not known.

It is usual to disclose the whole of the notification or complaint letter to the veterinarian so that he or she knows all of the circumstances surrounding the concerns raised. This will generally be the case unless there is a need to withhold information, for example, if the notifier has a genuine fear of retaliation or harm or there is reference to confidential information about other individuals for one of the statutory reasons set out in s27 and s29 of the Privacy Act 1993.

It is recommended that, before referring a matter to VCNZ, veterinarians contact the VCNZ Registrar to to find out what information VCNZ expects to be provided.

Veterinarians must, at the time of completing their annual practising certificate application, declare if they have:
1. Any health conditions;
2. Been charged with or found guilty of a criminal offence;
3. Been suspended or dismissed on conduct or competence grounds;
4. Resigned for reasons relating to competence or conduct;
5. Been subject to an adverse finding by an overseas veterinary regulatory body.
Veterinarians must also consider notifying VCNZ of any of the above issues at the time they arise rather than delaying until the annual practising certificate round.

[Show Explanatory Notes - Section 11]
Understanding Section 11

Notifying Health Concerns

Veterinarians must declare any health conditions with the potential to affect their fitness to practise in their annual practising certificate applications.

Conditions that may affect a veterinarian's ability to practise include:

Alcohol or drug abuse or dependence;

Mental health issues, including depressive disorders;

Stress related impairment;

Declining competence due to loss of motor skills or the early stages of dementia;

Physical deterioration due to injury, disease or degeneration;

Other illnesses and injuries.

Veterinarians should not rely on their own assessment of the impact of their condition on their practice. If in doubt the condition should be notified or advice sought from the VCNZ Registrar.

It is strongly recommended that veterinarians notify VCNZ of any health issues at the time they arise and not wait until the annual practising certificate renewal round. VCNZ's experience is that early notification and early intervention results in better outcomes. Unless the VCNZ Health Committee can work with the veterinarian and treating health practitioners at the beginning, there is a likelihood that treatment plans may need to be altered following the (later) practising certificate declaration.

The VCNZ Policy on Health Impaired Veterinarians sets out how the VCNZ's Health Committee manages unwell practitioners. The approach is non-judgmental, rehabilitative and confidential, except in extreme cases where the veterinarian refuses to co-operate and the public interest is threatened.

Notifications should be in writing to the VCNZ Registrar and include copies of medical reports where relevant.

Before notifying veterinarians are encouraged to contact the VCNZ Registrar to discuss their situation and to find out what information is needed.

Notifying Competence and Conduct issues

VCNZ must be satisfied that veterinarians remain competent and fit to practise. Matters occurring in New Zealand or overseas that may bring a veterinarian's competence or fitness to practise into question include:

Police investigations, criminal charges or convictions, including traffic offences involving alcohol and/or drugs;

Investigations by an employer, or registration or professional body or educational institution or other authority that may become the subject of disciplinary proceedings;

Suspension or dismissal from work on conduct or competence grounds;

Resignation for reasons related to competence or conduct;

Adverse findings in any disciplinary actions by an employer, registration, professional body or other authority.

Veterinarians must declare such matters in their annual practicing certificate applications.

It is also strongly recommended that veterinarians notify VCNZ of these matters at the time they occur and not wait until the annual practising certificate renewal round.

Veterinarians should not rely on their own assessment as to whether this matter impacts adversely on their practice. If in doubt the matter should be notified or advice sought from the VCNZ Registrar.

Failure to notify can have serious consequences.

The VCNZ Policy on Competence and Competence Assessment contains information on how VCNZ manages performance concerns.

Notifications about conduct are considered in the first instance by VCNZ, to determine whether the matter adversely affects on the veterinarian's fitness to practice. VCNZ takes into account the individual circumstances of each case. For example, in the case of convictions or adverse disciplinary findings, VCNZ will consider:

The severity of the matter;

Any extenuating circumstances;

Subsequent conduct and any steps taken to rehabilitate;

The veterinarian's attitude - including, where relevant, the steps taken to address reparation and their insight into the impact of their actions.

Notifications should be in writing to the VCNZ Registrar and include copies of relevant background information. For example copies of disciplinary findings and orders, conviction notices etc

Before notifying VCNZ, veterinarians are encouraged to contact the VCNZ Registrar to discuss their situation and to find out what information is needed.

Veterinarians must respond to complaints in a timely, honest and constructive manner.

[Show Explanatory Notes - Section 12]
Understanding Section 12

Many veterinarians will receive complaints from members of the public or other veterinarians at some stage during the course of their career. The way that a practice responds can often have an impact on the outcome of the complaint and also the way that the veterinarian and the profession are perceived by the public.

A complaint is a verbal or written concern expressed to the veterinarian or a staff member of the practice (or place of employment) that contains one or more issues that relate to a particular activity undertaken by that veterinarian or the practice on their behalf.

The initial response to a complaint should include acknowledgement of receipt and an indication of the process by which the complaint will be handled. This can be an immediate explanation, or an outline of the investigation process and expectation of time frames for reporting

The response can be given by the veterinarian or delegated to another person within the business. It is recommended that records of the complaint and the process and detail of the response are kept by the veterinarian.

It is important that the complaint is responded to in a timely manner. The time taken to respond should be appropriate to the circumstances of the complaint and the requirement for satisfactory understanding of the issue to be gained by the veterinarian. It is important that an agreed timeframes is reached early.

Honesty is a core component of professional integrity and integral to the maintenance of public trust and confidence. Sometime genuine mistakes can be made by a veterinarian in the course of their activities, so early acknowledgement of these in an open manner will often avoid subsequent complaints.

A constructive approach to complaints acknowledges the reasons for the complaint and works towards providing a satisfactory outcome. This is preferable to anger, defensive behaviour or confrontation. While some complaints may be vexatious or totally unfounded, a professional approach should always be maintained.

Many complaints that occur are the result of poor communication or lack of alignment between client expectation and outcome. Clear communication prior to the onset of work on behalf of clients and careful attention to consent processes will also reduce the number of subsequent complaints

As well as receiving complaints directly from clients, veterinarians from time to time will find themselves investigated by a Complaints Assessment Committee for a complaint that has been forwarded to VCNZ. The principles of honesty and timeliness outlined above apply equally in the context of a CAC investigation. However, the responsibility for answering the complaint in this situation rests with the veterinarian specified in the CAC correspondence. Veterinarians are advised to seek guidance and support from NZVA, their lawyer or their professional indemnity providers when they find themselves in this situation.

Veterinarians are encouraged to seek advice regarding complaints from VCNZ, NZVA or their lawyer when dealing with difficult complaint situations, and are encouraged to do this even if the veterinarian may regard the complaint as vexatious.

Professional Integrity

Glossary