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PROFESSIONALISM
PRACTISING A PROFESSION: RIGHT, PRIVILEGE, RESPONSIBILITY? continued from front page
This also means that regulated professionals cannot always behave in the same manner as other members of society. For example, in the human health context, the courts have repeatedly held that sexual relations with a client are prohibited, even if the relationship appears to be consensual. The reason is because of the fundamental power imbalance between regulated professionals and their clients. In this context, the Court of Appeal has noted there is no constitutionally protected right to practise a profession.
In addition, regulated professionals may sometimes face additional consequences for activities because of their status. For example, a regulated professional who engages in criminal activity may be sanctioned by the state as well as by the regulator. This was explained by the Divisional Court in a case involving a pharmacist as follows:
“ The appellant, a member of society, committed a criminal act of dishonesty, namely, a $ 21,000 plus fraud. In the criminal proceedings, he was given a jail sentence which he has served. Although the appellant has paid his debt to society in general, the College of Pharmacists, a self governing body, is entitled to impose another penalty because the appellant has violated the trust placed in him as a pharmacist, trust placed by both the public and by the College of which he is a member. He violated the Criminal Code; he has also violated the code of conduct demanded by the provisions of the Pharmacy Act. Before the College, the appellant cannot say:‘ I’ ve already been punished, to punish me again would be unfair and harsh.’
With additional privileges come additional responsibilities.” 4
Conclusion
Licensed veterinarians fulfill an extremely important function in society. Veterinarians are held in high regard for their specialized knowledge and skill relating to the treatment of animals. As regulated professionals, veterinarians should also be aware of the additional responsibilities that come with the practise of the profession.
1. Patel v. Ontario College of Pharmacists, [ 2000 ] O. J. No. 256( QL)
2. Chauhan v. Health Professions Appeal and Review Board and The College of Physicians and Surgeons of Ontario, 2013 ONSC 1621( CanLII)
3. Green v. Law Society of Manitoba, [ 2017 ] 1 SCR 360, 2017 SCC 20( CanLII)
4. Patel v. Ontario College of Pharmacists, [ 2000 ] O. J. No. 256( QL)
CHANGES TO THE HPPA REQUIREMENTS NOW IN EFFECT
The Health Protection and Promotion Act( HPPA) specifies the organization and delivery of public health programs and services that are administered by the Ministry of Health and Long-Term Care, including disease prevention and control.
The HPPA requires Ontario’ s 36 boards of health( also called public health units) to oversee, provide or ensure the provision of public health programs and services. Certain provisions in the Act and its regulations are relevant to veterinary practice where veterinary practice intersects with public health concerns.
Amendments to Regulation 567, made under the HPPA, came into effect on July 1, 2018. Below is what a veterinarian needs to know about how these amendments will impact his or her practice. Amendments include:
• More robust requirements for both certificates of immunization and statements of exemption have been introduced through the requirement for additional information that must be included on those certificates. A copy of each certificate of immunization and each statement of exemption issued must be retained by a veterinarian for a period of three years from the date of its issue
• Animals that must be vaccinated now include a ferret that is three months of age or older and a horse, cow, bull, steer, calf, sheep or other livestock for which a rabies vaccine licensed for use in Canada is available, unless the livestock is accessible only to the person or persons who are responsible for the care and control of the animal
The College’ s Legislative Overview: Rabies has been updated to reflect these new provisions.
Canadian importers of rabies vaccines will be phasing out the importation of the“ 1-year” labelled inactivated rabies vaccines( i. e. rabies vaccines with a one-year duration of immunity claim and an annual revaccination label recommendation for dogs and cats). These vaccines will no longer be offered for sale in Canada after March 31, 2019.
The three-year rabies vaccines in Canada may continue to be marketed with one-year revaccination recommendations for non-dogand-cat species, as duration of immunity beyond one year for these minor species has not been established.
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