
Veterinary Physiotherapy and The Law
What is Veterinary Physiotherapy?
Veterinary Physiotherapy is the assessment and treatment of neurological and musculoskeletal injuries and conditions in animals.
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Veterinary Physiotherapy aims to:
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Restore or optimise range of movement
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Improve proprioception and co-ordination
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Reduce symptoms of chronic conditions
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Optimise healing
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Reduce pain and tension
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Enhance performance
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Therapy modalities include:
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Remedial Exercise Programmes: exercise programmes increase strength, suppleness, endurance, proprioception, co-ordination and balance.
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Manual therapy: soft tissue and massage techniques, myofascial release, stretching and manipulations
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Electrotherapy: laser, TENs, microcurrent, H-wave, ultrasound, electromagnetic field therapy and electrical muscle stimulation.
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Advice: management advice on handling and adaptations that will facilitate rehabilitation.
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Thorough assessment and clinical reasoning will determine the choice of treatment programme, each will be tailored to the individual, with permission of the veterinarian.
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(NAVP, 2017)
The Law
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To safeguard the welfare of animals and personal protection as a veterinary physiotherapist, there are a number of legislations I needed to become familiar with before qualifying.
Veterinary Surgeons Act 1966
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The Veterinary Surgeons Act 1966 ensures only veterinary surgeons (except for specific exemptions) can offer elements of veterinary surgery on animals, including diagnosis and diagnostic tests. One of the exemptions created by the Veterinary Surgery (exemptions) Order 1962, allows physiotherapy as a treatment method. The Veterinary Surgeons Act 1966 states the following with regards to physiotherapy:
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"19.4 Veterinary surgeons and veterinary nurses should be aware of the exceptions as they apply, for example, to:
g. persons providing physiotherapy in accordance with the Veterinary Surgeons (Exemptions) Order 2015"
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"19.19 The Veterinary Surgeons (Exemptions) Order 2015 (which revokes the Veterinary Surgery (Exemptions) Order 1962) allows the treatment of an animal by physiotherapy if the following conditions are satisfied:
(1) the first condition is that the person providing the treatment is aged 18 or over
(2) the second condition is that the person is acting under the direction of a qualified person who—
(a) has examined the animal, and
(b) has prescribed the treatment of the animal by physiotherapy.”
19.21 'Physiotherapy' is interpreted as including all kinds of manipulative therapy. It therefore includes osteopathy and chiropractic but would not, for example, include acupuncture or aromatherapy."
Therefore, as a Veterinary Physiotherapist I am prohibited from diagnosing conditions, and I must treat every animal with permission from the client’s veterinarian.
Animal Welfare Act 2006
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Introduced to the House of Commons in 2005 and introduced in 2006 - this law aims to improve the welfare of animals, enforcing prosecution and punishment if the minimum welfare standards for animals are not adhered to.
Section 9 of the Animal Welfare Act 2006 states that the person responsible for an animal must ensure the following welfare needs are met:
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A suitable living environment
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A suitable diet
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Exhibiting normal behaviour patterns
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Circumstances whereby the animal must be housed apart or with other animals (i.e. is it a solitary species or prefer living in groups)
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Protected from suffering, disease, injury and pain
Unnecessary suffering to an animal is an offence and enforcement action must be taken.
A a veterinary physiotherapist I must consider this act when seeing my clients. Dependent on the extremity of the offence, I should enforce the problem in question must be rectified (i.e. weight issues, environment) if it is down to negligence. However in an extreme case of animal cruelty I must call the Royal Society of the Protection of Cruelty to Animals (RSPCA).
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Dangerous Dogs Act 1991
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The Dangerous Dogs Act 1991 was introduced in response to a series of dog attacks. A dog ‘dangerously out of control’ (i.e. has shown hostility raising a complaint or injured someone) in a public setting or prohibited place was made a criminal offence. In 2014, the legislation was updated so that dogs on private property were also covered. It also banned ’Specially Control Dogs’, including:
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Japanese Tosa
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Fila Braziliero
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Dogo Argentino
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Pit Bull Terrier
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The owners may be punished with a ban on owning dogs or a prison sentence, as well as a fine and compensation. If a dog is suspected to be a banned breed, police and dog wardens can take it away even if there has been no problems reported - however they will need a warrant for seizing on private property. From there, a dog expert will decide the dog’s type and whether it is/has the potential to be a danger to the public. It will either be returned, or a court application in place with conditions of ownership (neutered, microchipped, on a lead, muzzled and in a secure environment), the owner must be over 16 years old and have insurance against the dog.
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As a veterinary physiotherapist, I have the right to report an animal if it causes me injury, displays enough aggression for me to feel threatened or if I suspect it to be a banned breed. I am aware that my canine clients are likely to show aggressive behaviours if they are in pain (Camps et al, 2012), however the extent of the hostility shown should determine whether I believe this animal is simply in pain or dangerous. If I suspect a dog may bite, I will request the owner to apply a correctly fitting muzzle prior to treatment minimising risk to myself.
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The Copyright, Designs and Patents Act 1988
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This law allows one to control the ways in which their material is used. As a veterinary physiotherapist, this law is not quite so important but protects me from:
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People copying my work, e.g. information leaflets, website, poster etc
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Distributing copies of it
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Placing it on the internet without consent
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Lending or renting copies of my work
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The Data Protection Act 1998
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This law protects personal information on computers or filed on paper. With risk that personal data could get into the wrong hands or be misused, the Data Protection Act 1998 was brought out to regulate its use and protection. It states this information must be:
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Kept safe and secure
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Kept no longer than necessary
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Accurate
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Used for a specific purpose
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Used lawfully and fairly
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If conditions aren’t adhered to, a fine of up to £500,000 can be enforced. As a veterinary physiotherapist The Data Protection Act 1998 is important to protect the clinical documentation of my patients. Once qualified, I plan to keep my clinical notes organised and locked away so only I have access. I will keep my notes for up to 7 years in case any complaints are filed, but then dispose of them through shredding or burning so they cannot be read by anyone else.
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Health and Safety at Work Act 1974
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This protects me from any harm that may come to myself or any employees whilst at work. Risk assessments should be carried out to determine any potential dangers, the likelihood and ways to minimise them. A health and safety policy should be in place and adhered to, and PPE worn where necessary.
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Aswell as these legislations I also have to consider:
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Duty of Care: A legal obligation to ensure anyone under my care (clients or employees) is protected from foreseeable harm.
Negligence: A common type of personal injury lawsuit. It is the injury or damage caused to someone through a negligent manner. It involves a legal analysis to investigate the case. Cases can be brought for up to 6 years so it is important I keep clinical notes for up to 7 years as evidence for my actions.
Confidentiality: Clients' information should never be discussed with anyone unless with the client's permission.
Insurance: Professional indemnity-liability insurance should be sought to cover financial losses suffered by animals due to negligence. Public liability insurance covers any injuries sustained by people, or damage occurred in relation to the treatment given.
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