VN January 2023

Vetnuus | Januarie 2023 38 This issue is dedicated to mental health, and most people are aware of the tremendous challenges the profession brings in this regard. However, the legal implications of mental health issues are seldom considered, and it may surprise vets to discover that the Veterinary Act 1 and Rules 2 have some requirements regarding the mental health of veterinarians. The Veterinary Act When someone wants to register as a veterinarian, we usually only think of the academic requirements and hardly ever consider any other difficulties. Several conditions will prevent a person from being registered as a veterinarian, even if the person has the appropriate qualification. One such prohibition is a person who is a patient in terms of the Mental Health Act 3 . If a registered veterinarian becomes a patient in terms of the Mental Health Act, their registration will be terminated. The Mental Health Act has since been replaced with the Mental Health Care Act 4 . Unfortunately, the Veterinary Act has not been amended to accommodate these changes, making interpretation and application somewhat problematic. Section 33 of theVeterinary Act deals with the disciplinary powers of the Council and sets out what“unprofessional, improper or disgraceful conduct” means in respect of an accused veterinarian. Suppose a person becomes mentally disabled to such an extent that it would be detrimental to the public interest to allowhimor her to continue to practice. In that case, it will fall within this definition. The same is true for a person addicted to using scheduled substances. Understandably, vets suffering from such conditions should not be allowed to practice until they fully recover. However, it is questionable whether these conditions, which are viewed as illnesses, should be grouped under this classification. Perhaps the Veterinary Act should be amended to align with the Constitution 5 , which prohibits unfair discrimination against people with mental or other disabilities. The Rules Rule 45 deals with the reporting of impairment and unprofessional conduct. Impairment is defined in Rule 1 as: “ means such a level of physical or mental impairment, which includes substance abuse or addiction, that may affect the practice of veterinary science to such an extent that the welfare of the patients, the interest of a client and/or the image of the profession may be compromised .” Legal Mews MENTAL HEALTH IMPAIRMENT: WHATDOESTHEVETERINARYANDPARA-VETERINARY PROFESSIONS ACTDETERMINE? Dr Trudie Prinsloo, Legalvet Services; E-mail: trudie@legalvetservices.co.za This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein.