VN January 2023

Vetnews | January 2023 39 A duty is placed on veterinary professionals and students to report the impairment or suspected impairment of another veterinary professional or student to the Council if it is of such a nature that it could compromise the welfare of patients, the interest of clients, or the profession. The Rule goes further to impose a duty on veterinary professionals to report their own impairment if they become aware of it or have been advised by a colleague to act appropriately. It is unclear what consequences there would be for a professional who reports him- or herself. Recommendations The Veterinary Act has not been amended to accommodate the replacement of the Mental Health Act with the Mental Health Care Act, which means there is currently some legal uncertainty in this regard. Furthermore, including mental and physical disabilities under “unprofessional, improper or disgraceful conduct”, as set out in Section 33 of the Veterinary Act, seems inappropriate and contrary to the spirit of the Constitution. A special category should be created for these situations so they can be dealt with appropriately, without discrimination and stigmatization. Rule 45, which places a duty on a professional to report him- or herself to Council, is somewhat bizarre, especially since there is no clarity on the consequences it will have for such a person. It should be clarified or amended. If you have any questions in this regard, please feel free to contact me at trudie@legalvetservices.co.za . v i Veterinary and Para-Veterinary Professions Act, No. 19 of 1984 ii Rules Relating to the Practicing of the Veterinary Professions iii Mental Health Act, No. 18 of 1973 iv Mental Health Care Act, No. 17 of 2002 v Constitution of the Republic of South Africa, 1996 Legal Mews