college connection
LEGISLATIVE NEWS
THE APOLOGY ACT: IT’S OKAY TO SAY YOU’RE SORRY
The Apology Act came into effect in 2009, yet
most people are not aware of its existence.
The Apology Act is intended to give
individuals an opportunity to apologize for an
adverse event without the apology being used
as evidence of an admission of fault or liability
in a civil or administrative proceeding.
The College often receives complaints where
the client indicates that the desired outcome
is an apology from the veterinarian.
Veterinarians communicate with clients every
day and attempt to do so as empathetically
and openly as possible. It only makes sense
that when an adverse event or error happens
that veterinarians would want to be able to
say that they are sorry. Some veterinarians
are concerned about the impact of an
apology and don’t apologize because it
could be misinterpreted as an admission of
wrongdoing.
The Apology Act restricts a regulatory
committee, like the Complaints Committee
or Discipline Committee, from using a
veterinarian’s apology to a client as evidence
of an admission of fault or liability when
deciding whether a member engaged in
professional misconduct. The Discipline
Committee can refer to a member’s apology
as evidence of his or her empathy or concern
about the issue that led to the complaint or
investigation.
However, veterinarians need to be aware
that the scope of the Apology Act does have
limitations. First, the Act does not apply to
proceedings under the Provincial Offences
Act. Second, the Act makes an exception
for apologies made while testifying during
a civil or administrative proceeding (such
as a College discipline proceeding). In
that scenario, the apology is admissible as
evidence of fault or liability for the purposes
of that particular proceeding only and could
not be relied upon by the client to then
institute a civil proceeding for damages.
Veterinarians should feel comfortable to offer
an apology if they feel it is appropriate to do
so without worrying about the implications of
making the apology. The College is supportive
of veterinarian’s having an open dialogue
with clients, especially when something goes
wrong and an apology is given.
Personal Use Accounts
COLLEGE TAKING ACTION TO PROTECT PUBLIC INTEREST
This spring, the College has shared
information with veterinarians to indicate that
personal use accounts are not to be used to
access drugs.
In its work to serve the public interest,
College Council discussed the situation
involving personal use accounts at its March
meeting. Personal or own use accounts are
permitted at veterinary distributors such as
Veterinary Purchasing in Ontario and at CDMV
in Quebec. Through the account, licensed
veterinarians may purchase items for their
own use and have it delivered to their home
address.
The majority of those who use these accounts
enjoy discounted pet food or grooming
supplies. However, it has recently become
clearer that the accounts are also being
used to purchase drugs, including controlled
substances. The purchase of drugs for own
use, or to provide to others outside of the
veterinarian-client-patient relationship, is not
permitted by the Food and Drug Act federally
or by provincial regulations which are
overseen by the College.
At its March meeting, Council decided to
enforce this existing legislative framework
more carefullly. Personal use accounts to
order any drug have no legal pathway in
Canada. While it is unclear how this practice
began, there is no legal mechanism that
supports this in Ontario.
In 2018, as part of the College’s ongoing
work related to antimicrobial resistance,
the College became aware that some
veterinarians are operating outside of the set
parameters for the prescribing, dispensing
and/or administering of drugs. In particular,
it was discovered that a small number of
licensed veterinarians in Ontario (estimated at
10-20%) have set up personal accounts and
obtain drugs outside of an accredited facility.
It appears a variety of veterinarians hold
these accounts (locums, retired but licensed,
employed outside of an accredited facility,
etc.) and that their use of these accounts has
increased over the past 18 months.
Personal use accounts create an opportunity
for drug diversion, and possibly self-
medication. It also promotes a lack of
participation in drug surveillance programs,
such as the recording of antimicrobial
dispensing.
The College will be working with the
profession to discontinue this improper
practice and support alignment with the
current safeguards.
Spring 2019 / 7