- Principles of Certification
- Additional Matters
- Identification of Animals
- Official Certification for Export of Live animals and Animal Products and Casualty Slaughter Certificates
1) The simple act of signing their names on documents has a great potential for error for veterinary surgeons. A certificate is a "written statement of fact made with authority", the authority in this case coming from the veterinary surgeon's professional status.
2) Some documents (for example, forms, declarations, insurance claims, witness statements and self-certification documents) may involve the same level of responsibility even if they do not bear the name of "certificate." If the facts are incorrect or misleading, the professional integrity of the veterinary surgeon is called into question. Cases coming before the Disciplinary Committee may arise from allegations of false certification.
3) There are three hazards for the veterinary surgeon when "certifying" in the wider sense:
a) Negligence: A breach of the duty owed to a relevant party with consequent damage. Negligence may arise from a failure to disclose all of the material facts or supplying incorrect information. The consequence may be civil court proceedings.
b) Criminal Offences: Criminal offences may be committed under trade descriptions legislation, legislation controlling animal exports and by aiding and abetting a third party. They may include fraud or knowingly or recklessly supplying false information. Any conviction brought to the notice of the RCVS may be considered in relation to the fitness of the veterinary surgeon to practise.
c) Professional Misconduct: Even if no criminal charges are brought, an aggrieved party or enforcement authority may make a formal complaint to the RCVS. If the complaint is judged to be justified, penalties may follow.
Principles of Certification
4) The twelve principles of certification were drafted by RCVS, BVA and MAFF (now DEFRA) and adopted by the Federation of Veterinarians of Europe. Eight of the twelve principles are included in the EU Directive 96/93/EC). Their purpose is to provide the foundation of certification for all those who draft or prepare, use or sign veterinary certificates even though at the present time veterinary surgeons may be presented with certificates which do not conform to all of them.
5) In framing obligations which veterinary surgeons must fulfil under day-to -day working conditions, the RCVS has taken into account not only the Twelve Principles of Certification but also relevant UK law including the Trade Descriptions Act 1968 (as amended) which specifies the defences open to the signatory of a certificate or equivalent document if he or she is challenged and also the fact that veterinary surgeons may be presented with certificates which do not conform to all of the Twelve Principles.
6) Given that veterinary surgeons' professional reputations and livelihoods may be at stake if their signatures on certificates are open to challenge and that they may be presented with certificates that do not conform to all of the Twelve Principles of Certification, the RCVS strongly advises veterinary surgeons as follows:
7) CAUTION Before signing any certificate veterinary surgeons must:
(a) scrutinise the document whatever its title
(b) be clear as to whom they are responsible in exercising their authority when they sign the document
8) CLARITY Scrutinising the document includes:
(a) reading and understanding any explanatory supporting material
(b) checking carefully for any ambiguity which should be clarified with whoever has issued the certificate
(c) in the case of certificates relating to international or European Economic Area trade, veterinary surgeons may need to ask DEFRA's assistance. They should record in writing the information received, the date and time it is received and the name of the DEFRA official giving the advice. They should expect their own queries to be similarly recorded. They may request and expect to receive written confirmation of the guidance given to them
9) CERTAINTY In considering what they will attest in order to satisfy the obligation of certainty, veterinary surgeons:
(a) must be sure that they attest only to what to the best of their knowledge and belief is true
(b) do not attest to future events
(c) do not recklessly attest to what others have declared or asserted
(d) they may attest to what another veterinary surgeon has certified. They may also attest to the fact that a declaration or assertion has been made by another person without attesting to its validity
10) CHALLENGE If they have gone further in what they have attested, they must consider what their defence would be if challenged and keep appropriate written records made at the time of the decision to sign.
For example, if challenged under the Animal Health Act 1981 (as amended) with false certification could they show (in the words of that Act):
that he did not know of that falsity and that he could not with reasonable diligence have obtained knowledge of it
or if challenged under the Trade Descriptions Act 1968 (as amended) could they show (in the words of that Act):
(a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control
Additional Matters
11) All parts of a certificate or its equivalent should bear the date of the examination or test carried out, vaccination or sample taken, the date of signing the certificate and the name and address of the signatory veterinary surgeon.
12) A veterinary surgeon who is an LVI should use the LVI stamp only on official certificates issued or approved by DEFRA.
13) Self-certification of practices for the purpose of securing particular entries in the RCVS Directory of Practices, Practice Standards Scheme and Veterinary Nursing Scheme is subject to the obligations of this Guide in the same way as any other certification procedure.
Identification of Animals
14) If an alleged identification mark is not legible at the time of inspection, no certificate should be issued until the animal has been re marked or otherwise adequately identified.
15) When there is no identification mark the use of the animal's name alone is inadequate. If possible the identification should be made more certain by the owner inserting a declaration identifying the animal, so that the veterinary surgeon can refer to it as 'as described'.
16) Age, colour, sex, marking and breed may also be used.
17) The owner's name must always be inserted. (In the case for example of litters of unsold puppies this will be the name of the breeder or the seller.)
18) Where microchipping or tattooing has been applied it should be referred to in any certificate of identification.
Official Certification for Export of Live animals and Animal Products and Casualty Slaughter Certificates
19) Guidance is issued by DEFRA for the completion of these certificates and should be scrupulously followed. When problems are identified the DVM should be consulted, and if not then resolved, the advice of the RCVS should be sought.
November 2004
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