You may have heard that the Veterinary Surgeons Act (VSA) is being reformed by DEFRA/at government level. At this stage, the main outcomes likely to impact CCABs, are that the regulation of some allied veterinary professionals (AVPs), including clinical animal behaviourists, will change and that (in addition to individual clinicians) businesses will be regulated.
The Royal College of Veterinary Surgeons (RCVS) has stated they feel they have a role in the regulation of clinical animal behaviourists. Members of the CCAB Certification committee were present at the RCVS Fellows Day meeting where this was originally discussed and we have been present at multiple RCVS and DEFRA meetings since. The RCVS have discussed their intent to regulate those making an inference about internal state, akin to a diagnosis and those giving advice based on that assessment/diagnosis. Clinical animal behaviourists, making assessments about motivation and emotion and creating behavioural modification plans based on that assessment, fall under this remit. The RCVS have not stated an interest in the regulation of dog trainers.
CCAB Certification support the regulation of clinical animal behaviourists, as allied veterinary professionals (AVPs) by the RCVS for the following reasons:
- The prevalence of recognised behavioural problems in companion animals has increased significantly in the last ten years and the need for regulation for those offering assistance to caregivers/keepers of those animals is high.
- Clinical animal behaviour involves assessment of underlying motivation and emotional responses of presenting individual animals, akin to a diagnosis, and the implementation of behavioural modification plans, akin to treatment, based on the assessment.
- CCAB Certification value the close working relationship between veterinarians and clinical animal behaviourists and believe one shared regulatory body improves this.
- With the RCVS as the regulator for CCABs, the route to appropriate referral for behaviour cases to appropriately qualified clinical animal behaviourists would be clearer for veterinary surgeons. By ensuring that veterinarians refer to those meeting the appropriate standards, improvements in animal welfare should result.
- Regulation of the behaviour industry by a Royal College and within law is the best viable option available to prevent unregulated “behaviourists” doing harm whilst also . increasing work for appropriately qualified clinical animal behaviourists, ensuring that those meeting the appropriate standards have viable businesses.
- CCAB Certification feel that CCAB standards could be maintained within the RCVS regulation model, though the discussion regarding standards for AVPs has not yet started with the RCVS, as it is not required within the current, primary legislation, phase.
- CCAB Certification’s CPD requirements and recording already align with those of the RCVS with vets completing 35hrs, vet nurses 15hrs, and CCABs 30hrs per year, each with reflection.
There are some potential downsides to consider, which we have already raised with both DEFRA and the RCVS. These predominantly relate to the, as yet unknown, costs associated with a different regulatory model – especially one which regulates industries with hugely varying average incomes. CCAB Certification are continuing to attend meetings and offer the perspectives of our members to the RCVS and DEFRA (the details of relevant points are detailed below) to do our best to ensure that if/when these changes go ahead, the new measures and fees are proportionate, sensible and feasible.
CCAB Certification ltd have responded as an organisation but we really encourage every single CCAB and pre-certificated CCAB to have your individual say. This is for two reasons, firstly – so that your own unique experience and perspective is represented and secondly – because the more voices with a similar perspective that respond to DEFRA, the louder that perspective will be heard and the more weight it will be given. We appreciate that everyone has time pressures at the moment, but this is a once-in-a-generation change in legislation that, for most of us, will impact the rest of our working lives, so we really do encourage you to input where you can.
Further questions?
You will see some quotes from within the DEFRA consultation document below – we have listed those that we feel are likely to be most relevant to our members. In italics, you can see CCAB Certification’s position and actions, where relevant, on each of these points:
Regulator’s role/powers:
- The regulator would determine the activities that can be completed by that profession, and any conditions required for the activities to be completed. This includes the level of oversight required by veterinary surgeons of activities completed by non-veterinary surgeons, as well as protocols for allocation, delegation, direction, and supervision required for all professions. Guidance on this would be produced by the regulator. The regulator (likely to be the RVCS) can recommend to government which AVPs should be regulated.
Expectations of those being regulated:
- Once the law is implemented, the AVPs would be able to continue to work in their field. This would either be under an exemption order, or by commencing the requirements for specific AVPs sometime after the primary legislation has come into force. As time progresses, there would gradually be a shift requiring the AVPs to gain a licence to practise for them to continue to work as their profession becomes incorporated into the Act.
- All AVPs would (continue to) be expected to work within their own individual competence.
- Individuals applying for a licence to practice would hold an eligible qualification/complete the minimum training in order to meet the Day One Competencies for their profession. This would be determined by the regulator, would be different for each profession, and would include approved university degrees or diplomas, the statutory membership exam (which is undertaken by overseas vets who have qualified from a university that is not recognised by the RCVS), and other qualifications. Knowledge should be updated using continuous professional development (CPD).
- Have no criminal record, or a record which does not include specific (as yet unlisted) crimes.
Protected titles:
- The proposals mean that all regulated professions within the veterinary team would have recognised and protected titles (including all reasonable variations of the titles).
Student regulation/allowances:
- CCAB Certification have discussed the existing practice of gaining experience prior to assessment in the clinical animal behaviour sector and advised that we feel this should be able to continue under future regulation. It may be that this may only be performed by certain individuals (e.g. those who have been recognised to achieve the required knowledge and understanding relevant to the work) – but this is a discussion which will be undertaken in more depth once primary legislation is agreed.
- Students of each of the allied professions (in addition to vet and vet nursing students) are being considered by DEFRA/the RCVS, so that those training to become clinical animal behaviourists are not prevented from gaining experience. Licensed professionals, including students of each licensed profession, conducting veterinary acts could be considered to be part of the veterinary team under these proposals. The regulator will consider what protections could be given to students to enable them to use the titles, and to ensure they can complete veterinary acts while completing their training, including any requirements for supervision.
Business ownership and regulation:
- CCAB Certification have discussed with DEFRA and the RCVS, that if individuals are working without a premises/from their family home/online, part-time or as sole practitioners (without employees), then inspections should be proportionate to this with regards to costs, frequency and nature (e.g. physical visits vs online meeting vs document submission only).
- AVPs will (continue to) be permitted to own their own businesses.
- DEFRA information (from consultation): Business regulation: All veterinary/animal healthcare businesses in the UK would require a licence to be able to operate. This does not include veterinary pharmacies or Suitably Qualified Persons retailers, as they are regulated by other legislation. For an independent business, the business and premises would likely be the same. For a business which operates a number of premises, such as if they are part of a group, there would be some requirements at each location (‘premises’) and some for the central business/corporate headquarters (‘business’). Both of these are essential to ensuring there is clear accountability for upholding standards. Businesses would be required to register and obtain a licence for each individual veterinary practice location (‘premises’) with the regulator. This licensing scheme would be operated by an independent non-government regulator, who is also responsible for the licensing of individual professionals.
- The definition of a veterinary or animal healthcare business would include any entity which is a provider of veterinary clinical and animal healthcare or a service (whether paid or unpaid) that is delivered in the UK. That veterinary or animal healthcare business may be responsible for more than one premises. The definition of the businesses in scope, would be linked to the definition of a “veterinary act”, meaning that care that is delivered through this entity cannot be delivered by someone without a licence to practise.
- A veterinary/animal healthcare business includes:
- Clinical services provided by an educational establishment
- Ambulatory services (a fixed address would be required for registration)
- Businesses run entirely by veterinary nurses or allied veterinary professionals
The definition would include businesses and premises that only employ veterinary nurses or allied veterinary professionals (AVPs). There would likely be a phased introduction by the regulator, starting with regulation for veterinary/animal healthcare businesses which employ veterinary surgeons first before expanding to cover further business types, based on potential risk.
- Those who deliver veterinary/animal healthcare businesses would be required to demonstrate that:
- each premises they operate meets specified standards; and
- their veterinary or animal healthcare business complies with specified standards.
- The specifics of the standards, and how these are assured, would be set by the regulator, with strategic steer given by Defra Secretary of State in relation to business elements of proposals. Standards would include:
- health and safety (both animal and human) and animal welfare;
- suitably qualified, registered, and adequately trained staff; (this links to the veterinary business requirement to resolve fitness to practise issues in-house, mentioned in the fitness to practise chapter)
- good governance, record and data keeping and alignment with professional and legal requirements; (this could include keeping and sharing data on specific items, such as antibiotic usage)
- responsible management and usage of medicines;
- good leadership and staff welfare;
- safe physical working environment including equipment and facilities; and
- consumer focused duties: this could include the pro-competition requirements the CMA has provisionally recommended should apply under a CMA Order.
- Veterinary/animal healthcare businesses would be asked for evidence that they meet the standards, which could include an inspection of the premises. In order to get a licence, a business could be expected to:
- register the premises with the regulator
- pay an annual licensing fee for the premises to the regulator (the fee would be set by the regulator to ensure cost recovery and a fee would also be charged for the inspections conducted by the regulator, at cost recovery)
- self-declare that the premises (and where appropriate the central business functions) meets the required standards of the scheme name of the licence holder/business owner
- name of a responsible person for the premises
- submit required evidence of compliance with standards to the regulator
- undergo an initial inspection (and subsequent inspections on a risk basis), if applicable
- An inspection process would be required to assure standards are being complied with. The regulator would appoint authorised inspectors to conduct inspection visits of all premises on its behalf. Premises would pay the cost of these inspections, which would be charged on a cost-recovery basis.
- Some veterinary or animal healthcare businesses may be operated from private dwellings. Balance would be needed to ensure that private family life remains protected whilst ensuring compliance with standards. Clear written authorisation from the regulator presented to the premises occupier or owner would be required to exercise powers of entry.
