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Law and Ethics Law and Ethics

Law And Ethics

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Page 1: Law And Ethics

Law and EthicsLaw and Ethics

Page 2: Law And Ethics

Scope of PracticeScope of Practice

A licensed veterinary technician can A licensed veterinary technician can do anything a veterinarian can do do anything a veterinarian can do with the exception of: with the exception of:

prescribeprescribe

diagnosediagnose

prognosesprognoses

perform surgeryperform surgery

Page 3: Law And Ethics

Scope of PracticeScope of Practice

ANDAND

they must work under the they must work under the supervision of a NYS licensed supervision of a NYS licensed veterinarianveterinarian

Page 4: Law And Ethics

Scope of PracticeScope of Practice

Practice Act is the law which governs Practice Act is the law which governs the practice of veterinary medicine and the practice of veterinary medicine and veterinary technology in a stateveterinary technology in a state

Rules and regulations as to what a Rules and regulations as to what a technician can do are written by the technician can do are written by the statestate

A few states still don’t define veterinary A few states still don’t define veterinary technology in their practice acttechnology in their practice act

Page 5: Law And Ethics

Levels of SupervisionLevels of Supervision

Immediate Supervision:Immediate Supervision:

A licensed veterinarian is within A licensed veterinarian is within direct eyesight and hearing range direct eyesight and hearing range

Page 6: Law And Ethics

Levels of SupervisionLevels of Supervision

Direct Supervision:Direct Supervision:

A licensed veterinarian is on the A licensed veterinarian is on the premises and readily availablepremises and readily available

Page 7: Law And Ethics

Levels of SupervisionLevels of Supervision

Indirect Supervision:Indirect Supervision:

A licensed veterinarian is not on the A licensed veterinarian is not on the premises, but is able to perform the premises, but is able to perform the duties of a veterinarian by duties of a veterinarian by maintaining direct communicationmaintaining direct communication

Page 8: Law And Ethics

What can an LVT do under What can an LVT do under immediate supervisionimmediate supervision

Induction of anesthesiaInduction of anesthesia

Dental extractions not requiring the Dental extractions not requiring the sectioning of the tooth or resection of sectioning of the tooth or resection of bonebone

Surgical assistantSurgical assistant

Page 9: Law And Ethics

What can an LVT do under direct What can an LVT do under direct supervisionsupervision

EuthanasiaEuthanasia Blood or blood component collection, Blood or blood component collection,

preparation and administrationpreparation and administration Application of splints or slingsApplication of splints or slings Dental procedures including Dental procedures including

scaling/polishing, filing, floating, scaling/polishing, filing, floating, dressing, etc. including equine teeth dressing, etc. including equine teeth

Page 10: Law And Ethics

What can an LVT do under indirect What can an LVT do under indirect supervisionsupervision

Administration and application of Administration and application of treatments, drugs, medications and treatments, drugs, medications and immunological agents by parenteral immunological agents by parenteral and injectable routes (SQ, IM, IV, IP) and injectable routes (SQ, IM, IV, IP) except when in conflict with except when in conflict with government regulations government regulations

Page 11: Law And Ethics

What can an LVT do under indirect What can an LVT do under indirect supervisionsupervision

Initiation of parenteral fluid Initiation of parenteral fluid administrationadministration

Parenteral – taken into the body by other than Parenteral – taken into the body by other than the digestive tract the digestive tract

Intravenous (IV) catheterizationsIntravenous (IV) catheterizations

Radiography including settings, Radiography including settings, positioning, processing and safety positioning, processing and safety proceduresprocedures

Page 12: Law And Ethics

What can an LVT do under indirect What can an LVT do under indirect supervisionsupervision

Collection of blood; collection of urine Collection of blood; collection of urine by expression, cystocentisis, or by expression, cystocentisis, or catheterization; collection and catheterization; collection and preparation of tissue, cellular or preparation of tissue, cellular or microbiological samples by skin microbiological samples by skin scrapings, impressions or other non-scrapings, impressions or other non-surgical methods except when in surgical methods except when in conflict with government regulationsconflict with government regulations

Page 13: Law And Ethics

What can an LVT do under indirect What can an LVT do under indirect supervision supervision

Supervision of the handling of Supervision of the handling of biohazardous waste materialsbiohazardous waste materials

Page 14: Law And Ethics

OtherOther

Services which an LVT is competent Services which an LVT is competent to perform under the appropriate to perform under the appropriate degree of supervisiondegree of supervision

Page 15: Law And Ethics

LVTs in emergency conditionsLVTs in emergency conditions

May render the following life-saving May render the following life-saving aid and treatment:aid and treatment:

Apply tourniquets and/or pressure Apply tourniquets and/or pressure bandages to control hemorrhage bandages to control hemorrhage

Page 16: Law And Ethics

LVTs in emergency conditionsLVTs in emergency conditions

Can administer pharmacological Can administer pharmacological agents and parenteral fluids after agents and parenteral fluids after direct communication with a NYS direct communication with a NYS licensed veterinarian who is either licensed veterinarian who is either present or en route to the location of present or en route to the location of the distressed animalthe distressed animal

Page 17: Law And Ethics

LVTs in emergency conditionsLVTs in emergency conditions

Perform resuscitive procedures (CPR)Perform resuscitive procedures (CPR)

Apply temporary bandages or splints Apply temporary bandages or splints to prevent further injury to bones or to prevent further injury to bones or soft tissuesoft tissue

Provide external supportive Provide external supportive treatment in heat prostration cases treatment in heat prostration cases

Page 18: Law And Ethics

LVTs in emergency conditionsLVTs in emergency conditions

Even in these situations a veterinary Even in these situations a veterinary technician still cannot diagnose, technician still cannot diagnose, prescribe, make a prognoses or do prescribe, make a prognoses or do surgerysurgery

Page 19: Law And Ethics

Valid veterinarian/client/patient Valid veterinarian/client/patient relationship (VCPR)relationship (VCPR)

A VCPR exists when A VCPR exists when ALL ALL of the of the following criteria have been met:following criteria have been met:

1) 1) The veterinarian has assumed the The veterinarian has assumed the responsibility for making clinical responsibility for making clinical judgments regarding the health of judgments regarding the health of the animal (s) and the need for the animal (s) and the need for medical treatment, and the client has medical treatment, and the client has agreed to follow the veterinarian’s agreed to follow the veterinarian’s instructions instructions

Page 20: Law And Ethics

Valid veterinarian/client/patient Valid veterinarian/client/patient relationship (VCPR)relationship (VCPR)

2) 2) The veterinarian has sufficient The veterinarian has sufficient knowledge of the animal (s) to knowledge of the animal (s) to initiate at least a general or initiate at least a general or preliminary diagnosis of the medical preliminary diagnosis of the medical condition of the animal (s) condition of the animal (s)

Page 21: Law And Ethics

Valid veterinarian/client/patient Valid veterinarian/client/patient relationship (VCPR)relationship (VCPR)

3) 3) The veterinarian is readily The veterinarian is readily available for follow-up evaluation, or available for follow-up evaluation, or has arranged for emergency has arranged for emergency coverage in the event of adverse coverage in the event of adverse reactions or failure of the treatment reactions or failure of the treatment regimenregimen

Page 22: Law And Ethics

PenaltiesPenalties

Society as a whole is litigiousSociety as a whole is litigious

Usually anyone or any company Usually anyone or any company involved with the patient is named in involved with the patient is named in the lawsuitthe lawsuit

At present veterinary technicians are At present veterinary technicians are covered under their employing covered under their employing veterinarian’s malpractice insuranceveterinarian’s malpractice insurance

Page 23: Law And Ethics

access to legal systemaccess to legal system

If a client or employee thinks that If a client or employee thinks that they have been harmed in any way, they have been harmed in any way, they have multiple avenues of they have multiple avenues of pursuit for legal actionspursuit for legal actions

However, the clients perception does However, the clients perception does not necessarily mean that there has not necessarily mean that there has been any error or wrong doingbeen any error or wrong doing

Page 24: Law And Ethics

PenaltiesPenalties

Legal actions can be eitherLegal actions can be either

CriminalCriminal

CivilCivil

Regulatory – OPD (Office of Regulatory – OPD (Office of Professional Discipline)Professional Discipline)

Page 25: Law And Ethics

Criminal LawCriminal Law

In criminal law, punishment is In criminal law, punishment is allowed due to the wrongful intent allowed due to the wrongful intent involved in the crime. A punishment involved in the crime. A punishment such as incarceration seeks to give such as incarceration seeks to give any victim involved retribution any victim involved retribution against the offender, deter the against the offender, deter the criminal from future criminal acts, criminal from future criminal acts, and hopefully rehabilitate the and hopefully rehabilitate the offender. offender.

Page 26: Law And Ethics

Criminal LawCriminal Law

Examples:Examples:

Theft of money or property from the Theft of money or property from the practice or fellow employeespractice or fellow employees

Animal abuseAnimal abuse

Page 27: Law And Ethics

Professional MalpracticeProfessional Malpractice

Common law dictates that veterinary Common law dictates that veterinary practitioners must provide a level of practitioners must provide a level of care to their patients that is in care to their patients that is in keeping with a reasonably prudent keeping with a reasonably prudent veterinary practitioner of similar veterinary practitioner of similar training under similar circumstancestraining under similar circumstances

Failure to comply constitutes Failure to comply constitutes malpracticemalpractice

Page 28: Law And Ethics

Professional MalpracticeProfessional Malpractice

Malpractice may be subject to Malpractice may be subject to litigation if the plaintiff can prove the litigation if the plaintiff can prove the following 3 things:following 3 things:

1) The veterinarian or veterinary 1) The veterinarian or veterinary technician agreed to treat and did technician agreed to treat and did treat that particular patienttreat that particular patient

Page 29: Law And Ethics

Professional MalpracticeProfessional Malpractice

2) The veterinarian or veterinary 2) The veterinarian or veterinary technician failed to provide a technician failed to provide a reasonable level of medical care to reasonable level of medical care to the patient and in this way was the patient and in this way was professionally negligent professionally negligent

Page 30: Law And Ethics

Professional MalpracticeProfessional Malpractice

3) The patient was injured as a result 3) The patient was injured as a result of the negligenceof the negligence

Page 31: Law And Ethics

Professional MalpracticeProfessional Malpractice

Professional malpractice can either Professional malpractice can either be litigation in civil court or be litigation in civil court or disciplinary action through the Office disciplinary action through the Office of Professional Discipline (OPD)of Professional Discipline (OPD)

Page 32: Law And Ethics

Professional MalpracticeProfessional Malpractice

Go to board of regents Go to board of regents unprofessional conduct regsunprofessional conduct regs

Page 33: Law And Ethics

Civil LawCivil Law

Civil law is a body of law that Civil law is a body of law that determines private rights and determines private rights and liabilities, as distinguished from liabilities, as distinguished from criminal law. Civil cases usually criminal law. Civil cases usually involve private disputes between involve private disputes between persons or organizations. persons or organizations.

Page 34: Law And Ethics

Civil LawCivil Law

A civil lawsuit is a lawsuit based on A civil lawsuit is a lawsuit based on non-criminal statutes, such as non-criminal statutes, such as disputes involving accidents or disputes involving accidents or contracts. Civil suits typically seek to contracts. Civil suits typically seek to recover money damages or recover money damages or allow/disallow certain acts, rather allow/disallow certain acts, rather than to imprison or punish a person. than to imprison or punish a person.

Page 35: Law And Ethics

Civil LawCivil Law

Examples:Examples:

Someone (client or employee) falls Someone (client or employee) falls on a broken stepon a broken step

An employee’s contract isn’t upheldAn employee’s contract isn’t upheld

Page 36: Law And Ethics

RegulatoryRegulatory

Complaints filed through the Office of Complaints filed through the Office of Professional Discipline (OPD)Professional Discipline (OPD)

Most malpractice complaints are filed Most malpractice complaints are filed with OPDwith OPD

Page 37: Law And Ethics

OPD Disciplinary Proceedings OPD Disciplinary Proceedings

How they workHow they work

Page 38: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

A complaint is filed. It can be written, A complaint is filed. It can be written, emailed, faxed or phoned inemailed, faxed or phoned in

The complainant can identify The complainant can identify themselves or it can be done themselves or it can be done anonymouslyanonymously

Page 39: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

The complaint is turned over to the The complaint is turned over to the regional office.regional office.

At the regional office an investigator(s) At the regional office an investigator(s) will be assigned the casewill be assigned the case

All the investigators are former police All the investigators are former police or BCI investigatorsor BCI investigators

Page 40: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

A full investigation is made. This A full investigation is made. This may include subpoenaing records, may include subpoenaing records, site review, interviewing involved site review, interviewing involved parties, etcparties, etc

The investigators will consult with The investigators will consult with the appropriate state board to see if the appropriate state board to see if the evidence warrants charges being the evidence warrants charges being filedfiled

Page 41: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

If charges are filed, the plaintiff will If charges are filed, the plaintiff will be notified to appear with legal be notified to appear with legal representation at a hearing to be representation at a hearing to be made aware of the chargesmade aware of the charges

They can plead innocent or guiltyThey can plead innocent or guilty

Page 42: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

At this point it will either proceed to At this point it will either proceed to prosecution or settlementprosecution or settlement

Page 43: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

Consent Orders – Licensee pleads Consent Orders – Licensee pleads guilty to all or part of the charges guilty to all or part of the charges and settles the caseand settles the case

Surrender of License – Licensee Surrender of License – Licensee pleads guilty to at least 1 of the pleads guilty to at least 1 of the chargescharges

Page 44: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

Violation of Probation – Licensee Violation of Probation – Licensee pleads guilty or has a hearingpleads guilty or has a hearing

Hearing Panel / Administrative Hearing Panel / Administrative Officers – Proceedings as in a Officers – Proceedings as in a regular court of law with a panel of regular court of law with a panel of the plaintiffs peers hearing all the the plaintiffs peers hearing all the evidence from both sides and evidence from both sides and deciding the outcomedeciding the outcome

Page 45: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

Summary Suspension – Emergency Summary Suspension – Emergency action taken against a licensee if it is action taken against a licensee if it is believed that public health, safety or believed that public health, safety or welfare is in imminent dangerwelfare is in imminent danger

Can you think of an example? Can you think of an example?

Page 46: Law And Ethics

OPD Disciplinary ProceedingsOPD Disciplinary Proceedings

Penalties can constitute any Penalties can constitute any combination of the followingcombination of the following

FinesFines

CensureCensure

Revocation of LicenseRevocation of License

Page 47: Law And Ethics

Practicing without a licensePracticing without a license

Is prosecuted by the NYS Attorney Is prosecuted by the NYS Attorney General’s OfficeGeneral’s Office

It is a felony offenceIt is a felony offence

Page 48: Law And Ethics

NYS Office of the ProfessionsNYS Office of the Professions

Licenses 48 professions in NYSLicenses 48 professions in NYS

The Board of Regents and the State The Board of Regents and the State Education Department regulate more Education Department regulate more than 610,000 professionals in over than 610,000 professionals in over 48 professions48 professions

Page 49: Law And Ethics

NYS Office of the ProfessionsNYS Office of the Professions

The Office of the Professions handles The Office of the Professions handles more than 1,000 complaints of more than 1,000 complaints of fraudulent practice each yearfraudulent practice each year

They have available to the public They have available to the public Consumer Brochures for each of the Consumer Brochures for each of the licensed professionslicensed professions

Page 50: Law And Ethics

NYS Office of the ProfessionsNYS Office of the Professions www.op.nysed.gov/www.op.nysed.gov/ About OP About OP Laws, Rules, & Regulations Laws, Rules, & Regulations News, Events & Reports News, Events & Reports Strategic Plan Strategic Plan State Boards for the Professions State Boards for the Professions Professional Misconduct and Discipline Professional Misconduct and Discipline Program for Professionals Impaired by Alcohol or Program for Professionals Impaired by Alcohol or

Substance Abuse Substance Abuse Frequently Asked Questions Frequently Asked Questions How to Contact Us How to Contact Us

Page 51: Law And Ethics

NYS Office of the ProfessionsNYS Office of the Professions

www.op.nysed.gov/ www.op.nysed.gov/

A Consumer's Bill of Rights A Consumer's Bill of Rights Consumer Information on the Professions Consumer Information on the Professions Online License Verification Online License Verification License Requirements and Application Forms License Requirements and Application Forms Summaries of Professional Discipline Cases Summaries of Professional Discipline Cases Professional Discipline Complaint Form (PDF) Professional Discipline Complaint Form (PDF)

Page 52: Law And Ethics

EthicsEthics

We are all faced with ethical issuesWe are all faced with ethical issues

They can be divided into 3 They can be divided into 3 classificationsclassifications

Page 53: Law And Ethics

Societal EthicsSocietal Ethics

The ethics that are established by The ethics that are established by society are usually written into society are usually written into federal, state or municipal lawfederal, state or municipal law

Examples: murder, rape, arson, Examples: murder, rape, arson, embezzlement, loitering, etcembezzlement, loitering, etc

Most people are taught them from an Most people are taught them from an early ageearly age

Page 54: Law And Ethics

Personal EthicsPersonal Ethics

Besides the laws of society, each Besides the laws of society, each person is guided by a set of personal person is guided by a set of personal principles that gives them a sense of principles that gives them a sense of what is fair and unfair and right and what is fair and unfair and right and wrongwrong

Examples: religious choice, political Examples: religious choice, political choice, family choices choice, family choices

Page 55: Law And Ethics

Professional EthicsProfessional Ethics

A code of ethics is usually A code of ethics is usually established by members of a established by members of a profession to help define and profession to help define and encourage conduct specific to that encourage conduct specific to that professionprofession

This code is important and helps to This code is important and helps to provide additional guidelines by provide additional guidelines by which people carry out their jobswhich people carry out their jobs

Page 56: Law And Ethics

Professional EthicsProfessional Ethics

Refer to the NAVTA code of ethics for Refer to the NAVTA code of ethics for veterinary techniciansveterinary technicians

Technicians, like other professionals, Technicians, like other professionals, can find themselves in can find themselves in uncomfortable situations where they uncomfortable situations where they have to sort out what ethical choices have to sort out what ethical choices to maketo make

Page 57: Law And Ethics

Professional EthicsProfessional Ethics

For guidance, in addition to the For guidance, in addition to the professions code of ethics, ask yourself the professions code of ethics, ask yourself the following 3 questions:following 3 questions:

1) Is it legal? Would I be breaking the law 1) Is it legal? Would I be breaking the law if I carried out my proposed action?if I carried out my proposed action?

Is it fair and balanced? An I being biased in Is it fair and balanced? An I being biased in some way? Does one group or individual some way? Does one group or individual

Page 58: Law And Ethics

Professional EthicsProfessional Ethics

Benefit more from my proposed action Benefit more from my proposed action than another? than another?

How would I feel about myself? If my How would I feel about myself? If my family knew about my action, and if family knew about my action, and if it were published in a newspaper, it were published in a newspaper, how would I feel?how would I feel?

Page 59: Law And Ethics

ReferencesReferences

Clinical Textbook for Veterinary Clinical Textbook for Veterinary Technicians, 6Technicians, 6thth Edition Edition

New York State Office of the New York State Office of the ProfessionsProfessions

Practice Made Perfect, A guide to Practice Made Perfect, A guide to Veterinary Practice ManagementVeterinary Practice Management