8 Mar 2024
An RCVS disciplinary panel said Jemma Louise Francis had “put the cart before the horse” by taking medicines before obtaining a prescription, but had not acted with dishonest intent.
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A Bristol-based veterinary nurse has been cleared of serious professional misconduct over allegations of drugs being taken from her practice.
Jemma Louise Francis admitted taking one box of buprenorphine for her dog, but denied committing similar acts on two earlier occasions over a period of almost 18 months.
An RCVS disciplinary committee has now concluded that, while her actions fell below expected standards, they “could not realistically be described as disgraceful conduct in a professional respect”.
Mrs Francis was accused of taking one box of the medicine in January 2021, 15 more boxes and/or a number of vials on 9 June 2022 and a further box on 27 June 2022.
She denied each of the first two allegations, which were subsequently found “not proved” by the committee, as it felt it could not be sure she had done what was alleged on the basis of the evidence presented.
A newly published report of the six-day hearing into the case stated that, in relation to the second alleged incident, Mrs Francis had given “a consistent account from when she was first asked about this issue”.
On the third occasion, the committee heard Mrs Francis had “panicked” when a colleague who had seen her take the box in question asked her what she was doing.
The report acknowledged that her subsequent request for the colleague not to tell anyone what had happened could be seen as evidence of a dishonest intent if taken in isolation.
But the panel accepted Mrs Francis’ evidence that she was worried about an internal investigation that had been launched earlier that month and concluded that she took it with the intention of seeking a further prescription later.
The report said: “In effect, she put the cart before the horse in taking the medication prior to requesting a prescription, which in all likelihood would be, and indeed was, given.”
Because of her admission, the committee found that Mrs Francis was not acting in accordance with either veterinary instruction or a valid prescription and had failed to properly record the amounts of buprenorphine taken, by not signing relevant log sheets, proved in respect of the third incident.
But committee chairperson Paul Morris said the evidence presented to the hearing suggested that the latter omission was “commonplace at the practice”.