VN March 2023

Vetnuus | Maart 2023 32 The “Rules Relating to the Practising of Veterinary Professions” (“the Rules”) sets out what is regarded as professional veterinary conduct. When necessary, these rules can be amended to adapt to the needs and views of modern society. One of the rules that often creates controversy and unhappiness amongst colleagues is the principle of “supersession”. Does this still have a place in our modern veterinary society? What is supersession? The ordinary dictionary meaning of the word means “the act of superseding” or “replacement or replacing someone or something”. Another dictionary defines it as: “Supersede means to take the place of, as by reason of superior worth or right.” Perhaps this latter definition makes many people uncomfortable with the concept. Within the medical and veterinary fields, supersession has a more specific meaning. In the A-Z of Medical Law, David McQuoid-Mason, Mahomed Lada defines it as “… the practice of taking over the patient of another doctor without informing the other practitioner in situations where the patient has not terminated the other healthcare provider’s services ”. Unfortunately, the Rules currently do not have a definition for supersession but set out how it should be managed. It specifically states,“…. examine or treat any patient currently being treated by a colleague in the profession, or give advice regarding the diagnosis or treatment of that patient…” and we can therefore regard this as the meaning of supersession in the context of professional veterinary conduct. What is the purpose of supersession? I have not been able to find the origin and history of this principle, but it is used and accepted internationally in the medical and veterinary disciplines. Based on the way it has neem applied, there seem to be two underlying principles. The first is the protection of the original client-veterinarian relationship. At least initially, part of the goal was to protect the commercial value of this relationship from unlawful interference. Over time we have embraced the principle of fair competition in all spheres of society. Therefore this no longer seems to be a valid reason for the continued existence of supersession in the veterinary profession. Legal Mews SUPERSESSION – DOES IT STILL HAVE APLACE INTHE RULESOF CONDUCT? 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.