2. THE THEORY OR PHILOSOPHY OF LAW.
A LEGAL SYSTEM.
⢠Jurisprudence or legal theory is the theoretical study of
law, principally by philosophers
⢠What is act and law?
3. ⢠Law is generic in nature, that covers all rules and regulations made by the
government at any point in time. On the other hand, the act is specific, as
it is limited to a specific situation, like all the provisions relating to the
contract are covered under Contract Act, or provisions relating to the
partnership are included in partnership act and so forth.
⢠A law is an established phenomenon, whereas an act is originally a bill,
which is proposed in the parliament first, and when it gets approval from
both the houses, i.e. the Senate and National Assembly
⢠An act is descriptive, which explains why and how laws are enforced.
Conversely, law explains what should be and should not be done in any
context.
4. ⢠The earliest known written legal code, was composed about 1780 B.C.
by Hammurabi, the ruler of Bablyon and contains also the earliest
known regulation of veterinary service delivery
5. THE GENERAL LEGAL ENVIRONMENT
⢠is country specific
embraces a multitude of political, social, cultural,
religious and economic needs
is influenced by the principle of the separation of
powers in a rule-of-law state, being the
Legislature
Executive; and
Judiciary
6. ⢠Legislation for the veterinary profession is not intended to be a âprofession
protection activityâ but is part of the concept of Good Veterinary
Governance to establish a Quality Veterinary Service Delivery System to ensure
animal health, the safety of food derived from animals for human use, animal
welfare etc.
⢠The core elements of Good Veterinary Governance are intimately linked
ď to the universal acceptance of a veterinary profession (and not an occupation)
since the introduction of formal veterinary education in 1761 (Lyon, France).
ď The definition of âprofessionâ is thus the most elementary legal concept
pertaining to the veterinary profession.
7. THE OIE GUIDELINES FORVETERINARY LEGISLATION
â˘In terms of the OIE Guidelines for Veterinary Legislation to ensure the quality of veterinary
medicine, the veterinary legislation should:
1. provide an official definition of veterinary medicine;
2. define the prerogatives of the professionals involved in the practice of veterinary
medicine;
3. define the minimum initial and continuous educational requirements for the
professionals;
4. prescribe the conditions for recognition of diplomas for veterinarians and veterinary
para-professionals;
5. define the conditions for the exercise of veterinary and para-veterinary professions;
6. define the professional responsibilities of veterinarians and persons working under their
control;
7. prescribe the situations where persons other than qualified veterinarians can undertake
activities that are normally to be carried out by veterinarians e.g. in exceptional
circumstances such as epizootics.
8. THE VETERINARY PUBLIC â PRIVATE PARTNERSHIP
Animal
Disease
Zoonosi
-
s
Public
Veterinary
Sector
Livestock
Owner -
Farmer -
Producer
Private
Veterinary
Sector
8
9. ACT OF PAKISTAN ABOUT VETERINARY
⢠The Pakistan Veterinary Medical Council Act, 1996
⢠Standards of Conduct and Professional Ethics of Veterinary
Practitioners) Regulations, 2002.
10. VETERINARIANâS RESPONSIBILITY
⢠A veterinarian shall maintain, uphold and advance the honour and
dignity of the profession.
⢠Shall honestly serve the country, his employer, client.
⢠Shall also use his knowledge and skill for the welfare and
improvement of animal health in the country.
11. ADVERTISING
(1) No veterinarian shall publicize or advertise to project him in a position of
superiority in the profession.
(2) A veterinarian shall not advertise his professional services in a manner
derogatory to the dignity of the profession. He may, however, make the
formal announcement in the press about the following matters, namely:-
a) starting of practice;
b) change of type of practice;
c) change of address;
d) temporary absence;
12. e) resumption of practice; and
f) succeeding to anotherâs practice
(3) He shall not advertise directly or indirectly, through price lists, or publicity
materials of manufacturing firms or traders with whom he may be connected in
any capacity nor shall he publish cases and operations in non-professional
newspapers or journals.
ďśProvided that it is permissible to publish his name in connection with a technical
expertâs report or publication in a professional journal.
13. ⢠FEE FOR PROFESSIONAL SERVICE
GIFTS AND COMMISSIONS
⢠SECRET REMEDIES
⢠AVOIDANCE OF LEGAL RESTRICTIONS
14. OBLIGATION TO THE PATIENT
⢠A veterinarian shall treat each and every case requiring his service or advice, as
the case may be, in emergencies and shall also be mindful of the high character.
⢠A veterinarian shall, in respect of every patient, prepare a statement of history
including his observations, entering clinical and laboratory examinations details,
medicines recommended and other necessary data required on every check up
from time to time.
15. WITHDRAWAL OF SERVICE
A veterinarian shall withdraw his services whose:-
⢠He finds another veterinarian in attendance.
⢠Remedies other than prescribed are being used.
⢠Remedies advised and instructions are avoided.
⢠A client is resorting to the quackery or witchcraft against medical advice; and
⢠Complete information or history concerning the facts and circumstances of the
case are not supplied by a client.
16. ACT OF NEGLIGENCE
⢠A veterinarian shall not willfully commit an act of negligence that may deprive
the patient of the care that is absolutely necessary.
⢠A veterinarian who does not use a drug prepared under standard pharmacological
principals, normally required for that drug, shall be considered to commit a
willful act of negligence.
ďśProvided that the acts of commission or omission of a veterinarian shall not be
judged by any non-veterinary standards and principles.
17. PROGNOSIS
⢠A veterinarian shall neither exaggerate nor minimize the gravity of a patientâs
condition and shall ensure that the legal owner of the patient has such knowledge
of the patientâs condition.
⢠In case of dangerous manifestations or when grave and highly communicable
diseases are encountered, the veterinarian shall inform the client and other
persons concerned to whom the disease can be of a potent danger.
18. ⢠MEMBERSHIP OF SOCIETIES
⢠PROFESSIONAL SERVICES OF VETERINARIANS TO ONE
ANOTHER
⢠CONSULTATION SHOULD BE ENCOURAGED
⢠VETERINARIAN TO COOPERATE WITH AUTHORITIES
PUBLIC HEALTH
⢠LIVESTOCK PRODUCTION AND TECHNOLOGY
⢠ISSUANCE OF CERTIFICATES
19. THE GLANDERS AND FARCY ACT, 1899
⢠Provincial Government to Appoint Inspectors.
⢠Horse to be Examined by Veterinary Practitioner.
⢠Horse to be destroyed if diseased otherwise restored.
⢠When horse diseased, place where it has been to be disinfected, etc.
⢠Prohibition against removal without license, of horse which has been with
diseased horse.
⢠A breach of it shall be punishable with imprisonments for one month, or with
fine which may extend to fifty rupees, or with both.
20. PROFESSIONAL MISCONDUCT
⢠Improper conduct with a patient
⢠Conviction by a court of law of offenses involving moral turpitude
⢠Tampering with or falsely providing professional certificates, reports and other
documents
⢠Selling a drug or poison to the public or clients, in violation of any law or rule;
⢠Fixing a signboard on a chemistâs shop or in places where the veterinarian does
not reside or work
⢠Before euthanasia or before performing an operation by not obtaining in writing
the consent of the client
⢠Hiring touts for procuring patients
⢠Violation of any of these regulations.
21. DISCIPLINARY COMMITTEE
⢠The Council shall constitute a Committee consisting of not more than three
members from amongst its members.
⢠The Committee shall issue a show cause notice to the concerned veterinarian.
⢠The Committee shall complete its proceedings within the period of three
months.
ďśFurther proceedings will be under PEEDA Act, 2006.