BVA and BVNA call for proportionate regulation in RCVS’ legislative review

The BVA and BVNA have made a headline call for the right level of regulation proportionate to the level of risk in a joint response to the RCVS’ consultation on legislative reforms. 

Responding to the RCVS legislative reform consultation that closed today (23 April), they support the RCVS’ commitment to progressing “as a modern, fit-for-purpose regulator”, but said a holistic approach and careful consideration of the order of changes was needed. They added accountability and transparency must underpin any transition.

The response was drawn up following a series of focused working groups to consider recommendations by the RCVS legislation working party and interim proposals for changes that do not need legislative change, such as changing the standard of proof for disciplinary cases.

Standard of proof

Among their joint recommendations, the BVA and BVNA want the RCVS to not progress plans to change the standard of proof from criminal to civil in isolation, but consider bringing in a package of measures to foster a “curative rather than punitive system”.

In order of the consultation paper, key elements of the BVA/BVNA response are:

• Support for the regulation of some groups of evidence-led allied professions via the RCVS, but with safeguards to protect the reputation of the veterinary professions (Rec 1.1).
• Support for separating employment and delegation to RVNs, but only within the context of the vet-led team (Rec 1.3).
• Strong support for the protection of the veterinary nurse title (Rec 1.4).
• A call for the development of a framework for enhancing the RVN role rather than focusing on specific tasks, such as cat castrations (Rec 2.2).
• A call for a clear definition of a “practice” before the RCVS proceeds with mandatory practice regulation, and a phased approach that enables a culture shift. We also call for a whistle-blowing process for employees to raise concerns anonymously (Rec 3.1),
• Rejection of proposals for the RCVS to have powers of entry, and instead we propose a system of short-notice interim inspections (Rec 3.2).
• Support for the principle of modernising the disciplinary process to focus on remedial action (Fitness to practise section), including support for interim orders to be used in a measured, consistent, and evidence-based way (Rec 4.3) and the introduction of a wider range of sanctions in line with a less punitive and more curative approach (Rec 4.5).
• Rejection of proposals for limited/restricted licensure for UK graduates with disabilities, as it may result in a two-tier system. Instead, we propose that vet schools and the RCVS make reasonable adjustments under the Equalities Act to enable students with disabilities to take exams and demonstrate day one competences (Rec 5.1).
• Cautious support for the principle of revalidation, subject to a clear articulation of the purpose and consultation on the details. We support the principle that veterinary professionals be required to demonstrate continued professional competence (Rec 5.2).
• A call for the process of setting the renewal fee to be transparent (Rec 8.2).

Proportionate

On the joint consultation response, BVA president James Russell said: “This enormous piece of work to modernise our regulatory systems flows from the Vet Futures project, and we’re pleased to be able to feed in our members’ views and concerns to the process.

“At the heart of our joint response with the BVNA is a call for the right level of regulation that is proportionate to the level of risk. We embrace change and progress, but it must be evidence-based, and delivered with a culture shift towards increased transparency and accountability of the RCVS as our regulator.”

And Jo Oakden, BVNA president, said: “The regulation of veterinary nursing has changed a lot in recent years and continues to evolve, so we welcome this detailed consideration into the further enhancement and development of our profession.

“We’re delighted to see the RCVS re-stating its commitment to protecting the veterinary nurse title and this should be a priority in the coming months; it is something we at the BVNA are very keen to drive forward.

“As we’ve set out in this joint response with BVA, it’s essential that any changes to regulation and disciplinary systems have the confidence of veterinary professionals.”

The full response is online and the RCVS’ working party report is on its website. The consultation period was extended from January to allow more time due to the new lockdowns.