Legal issues for large animal practitioners (Proceedings)

The large animal veterinary practitioner is faced with a number of unique legal considerations in the daily discharge of his or her professional duties. Given the fact that most of the professional engagements take place outside of a controlled-clinical setting, it is crucial that the large animal practitioner have an appreciation of some of the important legal considerations affecting the delivery of veterinary services.

Records Management

Every large animal practitioner is fully aware of the legal requirement to keep and maintain accurate medical records; unfortunately, in far to many instances adequate records are not attended to. The state veterinary legislation often sets out the minimum requirements for record keeping and the prudent equine or herd health practitioner will ensure that he or she is familiar with those minimums. In most cases, the requirements would include the following:

1. Patient identification including species, age and sex;

2. The Client name, address and contact telephone numbers (for emergencies contacts as well);

3. The date for each time the practitioner sees the animal or has a telephone inquiry;

4. A history of the animal's health including a record of vaccinations;

5. The animal's current weight (in order to determine appropriate drug dosages);

6. Particulars of each assessment including any laboratory results obtained;

7. Notes of any professional advice given and an indication to whom and when such advice was given - in particular, it is very important to note any advice which has been declined by the client;

8. All medical or surgical treatments and procedures that have been performed or prescribed must be noted including the name, strength, dosage and quantity of any drugs;

9. The records should include copies of any reports or certificates issued by the practitioner;

10. The notes should indicate the final assessment of the animal;

11. The records should include a copy of any professional account rendered including drug costs or dispensing fees; and

12. The notes should include a record of any communications, by telephone or otherwise, that has occurred between the clinic and the client.

Too often, the large animal practitioner attends the farm or stable premises leaving instructions on the "white board" for later follow-up by farm staff or horse trainers. It is important to note the same instructions in the medical records for later reference.

Accounts Receivable Management

The bane of the large animal practitioner's existence is ensuring that he or she is properly and regularly paid for the professional services rendered. Very often, promises for payment are not kept and large values of accounts receivable accrue. It is important for large animal practitioners to be mindful of the accounts problems and take diligent steps to avoid bad debts.

In most cases, it would be appropriate to ensure that payment is received when the service is delivered. As you know, in large animal practices this has not been widely accepted as an industry standard. As such, it would be important for the practitioner to obtain a deposit for extraordinary services that may be required from time to time.

As well, if the practitioner is being asked to extend credit, much in the same manner as a bank or other financial institution, then it is appropriate for the veterinarian to, indeed, act like the bank and ensure that some form of collateral security over the herd is obtained. Such liens can be registered in the state where one practices and acted upon in the event that the account has not been paid.

The final resort is to the court system which is generally time-consuming and expensive. While the practitioner will often be successful in obtaining a judgement, the process of enforcing the judgement can be frustrating.

Pre-Purchase Examinations

In many jurisdictions it represents a breach of ethical codes for a veterinarian to perform a pre-purchase examination of an animal (typically, horses) on behalf of both the seller and the purchaser given the obvious conflict of interest. As well, one should be careful not to be drawn into a conflict position by acting for one of the parties but having the account paid by the other. The prudent practitioner will simply decline such engagements.

Food Safety

The large animal practitioner often plays an important public health role in food safety. New notions of bio-terrorism often place the practitioner on the "front lines" in the role of diagnoses and reporting. In this regard the practitioner should be aware of any legislative requirements to report public health concerns.