VN 23. Protection of title, advertising, and endorsement

Introduction

23.1 The purpose of this guidance is to help veterinary surgeons and veterinary nurses understand protection of title under the Veterinary Surgeons Act 1966 (VSA) and their professional obligations relating to advertising and endorsement.

23.2 Protection of title is explained at paragraphs 23.3 to 23.10 below. Professional expectations set by the RCVS are at paragraphs 23.11 to 23.41 below, and relevant obligations set by other regulators, such as the Advertising Standards Authority (ASA), the Veterinary Medicines Directorate (VMD), and the Information Commissioner’s Office (ICO) (in relation to GDPR), are briefly summarised from paragraph 23.42 below. This guidance is not a replacement for obtaining necessary legal and/or relevant advice from other regulatory bodies. 

Protection of title and company names

23.3 It is an offence under the VSA for a person to take or use the titles, ‘vet’, ‘veterinary’, ‘veterinary surgeon’, or ‘veterinary practitioner’, to claim or imply they are a veterinary surgeon registered with the RCVS, if they are not. A company may also commit an offence if it permits an officer to take or use such titles without appropriate registration with the RCVS.

23.4 As such, these titles are considered sensitive words for the purposes of company incorporation. For this reason, a ‘letter of non-objection’ from the RCVS must be obtained before Companies House will incorporate a company with a name containing one of these sensitive words.  

Letters of non-objection

23.5 Generally, the RCVS will only issue a letter of non-objection (LONO) regarding the use of sensitive words in a company name where there is a veterinary surgeon involved in the running or management of the company.

23.6 Whilst a LONO is likely to be issued in most cases where a veterinary surgeon is involved in the running or management of a company, this does not guarantee that the company name is automatically compliant with all other professional obligations, for example, those relating to advertising. Where relevant, advice will be provided alongside the issuing of a LONO which may include a recommendation to choose an alternative practice name.

23.7 Where a veterinary surgeon is not involved in the running or management of a company, a LONO will only be provided where no offence under the VSA is likely to be committed. An example is where a company provides operational services to the veterinary sector, e.g., “Veterinary Accountants Ltd”, and there is no risk of the business being mistaken for a veterinary practice or providing other veterinary clinical services. All requests will be considered on a case-by-case basis.

23.8 LONO requests should include the following information and be made in writing to [email protected]:

a. The name and MRCVS number of a veterinary surgeon involved in the running and management of the company or where there is no such person, context as to why no offence is likely to be committed under the VSA;

b. The full name of the company to be incorporated at Companies House including Ltd or Limited; and

c. Details of the nature of the services to be provided.

23.9 A company may commit an offence under the VSA if, after the issuing of a LONO, it continues to use the protected titles but no longer engages a veterinary surgeon to be involved in the running or management of the company. Veterinary surgeons should not apply for a LONO if their involvement in the running or management of the company is not ongoing or meaningful.  

23.10 For further information in relation to LONOs, please see Advertising of practice names - FAQs.

Advertising

23.11 Advertising is usually to provide information to the public and attract new business. There are many different forms of advertising (including the recommendation, endorsement, and/or promotion of veterinary products and services) and publicity can be achieved across multiple media, including but not limited to, printed materials, websites, and social media platforms (see Chapter 28 for specific guidance in relation to social media, online networking, and publicity).

23.12 Veterinary products include prescription medicines and other products that may be used as part of the practise of veterinary surgery, as well as retail products that, although not veterinary products in and of themselves, become so when associated with, or are sold by, veterinary surgeons and veterinary nurses. For example, nutritional supplements, shampoos, dog leads, chewy toys, and pet foods, including prescription diets.

23.13 Veterinary services include the prescribing of medicines, the diagnosis of disease, the treatment and tests of animals, vaccination services, and other services that may be offered as part of the practise of veterinary surgery.

Forms of advertising

23.14 Where the word ‘advertising’ is used in this chapter, it should be read to include all forms of advertising. The RCVS defines these different forms of advertising as follows:

a. Advertisement - the dissemination of information with the aim of informing the public about a veterinary product or service.

b. Endorsement – the association of a veterinary surgeon or veterinary nurse with a veterinary product or service with the aim of encouraging the public to buy or use the veterinary product or service based on the support or approval of the veterinary surgeon or veterinary nurse.

c. Promotion – the dissemination of information with the aim of increasing the sales or use of a veterinary product or service.

d. Publicity – the dissemination of information with the aim of attracting attention to a veterinary product or service.

e. Recommendation - a suggestion or specific veterinary advice stating that a veterinary product or service is good, suitable, or the best choice for a particular purpose or animal.

23.15 All advertising should be accurate, truthful, and not of a character likely to bring the profession into disrepute or undermine public confidence in veterinary surgeons and veterinary nurses, e.g., an unsolicited approach by visit or telephone (a telephone call to a business may not be considered unprofessional, provided that data protection and marketing laws are complied with, and telephone preferences registered with the TPS or CTPS are respected). All advertising should provide factual and balanced information which enables the public to make informed choices about the veterinary products and services available to their animals.

Advertising of practice names

23.16 Practice names, whether a trading name or a company name to be incorporated at Companies House, are a form of advertising. 

23.17 Veterinary surgeons and veterinary nurses should ensure that practice names meet the expectations in this chapter, ideally at practice inception, i.e., before applying to become a registered veterinary practice premises (RVPP) (see Chapter 4 of the supporting guidance), commencing trading, or applying for a LONO.

23.18 If PSS accreditation is a future aspiration, veterinary surgeons and veterinary nurses should also consider the Practice Standards Scheme (PSS) Rules. This is because additional restrictions might later become applicable when joining the scheme (see paragraph 27 of the PSS Rules). For example, it is contrary to PSS Rules for practices in PSS to use ‘hospital’ (whether alongside the word 'veterinary' or not) unless they are accredited at Veterinary Hospital level or are going through the accreditation process to achieve this. A practice already calling itself ‘hospital’ may be required to change its name if the PSS accreditation process concludes and the practice does not achieve Veterinary Hospital Level. Please note that use of the words ‘Veterinary Hospital’ together is considered misleading unless a practice is accredited as such (or is going through the accreditation process to achieve this), whether a practice is part of PSS or not.

23.19 Please see paragraph 23.28 below in relation to the use of ‘specialist’ or ‘advanced practitioner’ in practice names. For further information in relation to advertising practice names more generally, please see Advertising of practice names - FAQs.

Advertising of professional status and qualifications

Advanced practitioners

23.20 The RCVS Advanced Practitioner List (advanced practitioner list) is a list of veterinary surgeons who meet certain entry criteria and are entitled to use this title. The purpose of the advanced practitioner list is to provide a clear indication to the profession and the public of those veterinary surgeons who have been accredited at postgraduate certificate level by the RCVS, by virtue of having demonstrated knowledge and experience in a particular area of veterinary practise beyond their initial primary veterinary degree as well as undertaking additional CPD. Continued inclusion on the advanced practitioner list requires veterinary surgeons to undertake periodic revalidation. For more information about entry criteria and revalidation please see the Advanced Practitioner status web page.

23.21 Veterinary surgeons must be registered with the RCVS and included on the advanced practitioner list if they want to practise in the UK and use the title ‘advanced practitioner’, or imply they are an ‘advanced practitioner’. This includes veterinary surgeons seeking to use such titles, or allowing others to use such titles, in connection with their business, trade, employment, or profession.

23.22 Veterinary surgeons on the advanced practitioner list may use the title 'Advanced Practitioner'.

Specialists

23.23 The RCVS Specialist List is a list of veterinary surgeons who meet certain entry criteria and are entitled to use the title ‘specialist’. The purpose of the specialist list is to provide a clear indication to the profession and the public of those veterinary surgeons who have been accredited as specialists by the RCVS. Continued inclusion on the specialist list requires veterinary surgeons to undertake periodic revalidation. For more information about entry criteria and revalidation please see the Specialist status web page.

23.24 Veterinary surgeons do not have to join the specialist list to practise any particular specialty, but they must be registered with the RCVS and included on the specialist list if they want to practise in the UK and use the title ‘specialist’, or imply they are a specialist. This includes veterinary surgeons seeking to use such titles, or allowing others to use such titles, in connection with their business, trade, employment, or profession. Please note there are specific requirements for veterinary surgeons who wish to refer to ‘specialist’ qualifications obtained outside of the UK (see paragraph 23.32, below). 

23.25 Only veterinary surgeons on the specialist list may use the title ‘specialist’ or ‘RCVS Recognised Specialist’ or imply they are a ‘specialist’. Specialists on the specialist list may also use an appropriate title conferred by their speciality college.

23.26 Veterinary surgeons who are not on the specialist list should not use the title ‘specialist’ or imply they are a specialist, for example, they should not use such terms as ‘specialising in’. They may however use terms such as ‘having a particular interest in…’, ‘experienced in…’, or ‘practice limited to…’, when promoting their services.

23.27 Exceptionally, veterinary surgeons not on the RCVS Specialist list may refer to qualifications obtained outside of the UK containing the word ‘specialist’. However, when making reference to such a qualification, veterinary surgeons must make clear that they are not an RCVS recognised specialist. This clarification should be prominent and immediately follow the reference to the relevant qualification. It is not acceptable to include the clarification as a footnote or to attempt to hide or disguise it. An example of an appropriate clarification is: [title] [name] [qualification] (not an RCVS recognised specialist).

23.28 Veterinary surgeons may only use ‘specialist’ in the name of their practice where there is genuine and meaningful involvement, and oversight, in case management by at least one RCVS specialist in all disciplines where any clinical services are offered under this business name. The same applies to the use of ‘advanced practitioner’ in a practice name (see from paragraph 23.16 above in relation to advertising of practice names).

The courtesy title 'Doctor' or 'Dr'

23.29 Nothing prevents veterinary surgeons using the courtesy title 'Doctor' or 'Dr' ('the title') if they wish to, however veterinary surgeons using the title must be careful not to mislead the public.

23.30 A courtesy title does not reflect academic attainment, instead it is associated with professional standing. As a result, it is important that the use of 'Doctor' or 'Dr' by a veterinary surgeon does not suggest or imply that they hold a human medical qualification or a PhD if they do not.

23.31 As a result, if the title is used, the veterinary surgeon should use the title in conjunction with:

a. their name; and
b. the descriptor 'veterinary surgeon'; or
c. the post-nominal letters 'MRCVS'.

For example: 'Dr Alex Smith, veterinary surgeon' or 'Dr Alex Smith MRCVS'.

Inaccurate claims

23.32 Veterinary surgeons and veterinary nurses should not hold themselves or others out as veterinary surgeons, veterinary nurses, specialists, or advanced practitioners unless they are appropriately registered or listed as such with the RCVS.

23.33 When describing the experience or seniority of those working within their practice, veterinary surgeons and veterinary nurses in a clinical practice should focus on recognised veterinary terms such as ‘RCVS Specialist’ and ‘RCVS Advanced Practitioner’. Use of other terms, such as ‘consultant’ and ‘referral surgeon’, should be avoided to prevent confusion and/or the implication that individuals hold further qualifications (RCVS recognised or otherwise) when they do not.

23.34 Veterinary surgeons and veterinary nurses should not allow organisations to make misleading or inaccurate claims on their behalf.

Endorsement

23.35 Veterinary surgeons and veterinary nurses should only endorse veterinary products and services that are underpinned by sound scientific principles or have a recognised evidence base. All advertising that promotes or publicises an endorsement of a veterinary product or service should provide factual and verifiable information only and not be of a character likely to bring the profession into disrepute.

23.36 Veterinary surgeons and veterinary nurses should ensure they do not expressly or implicitly suggest that their endorsement is shared by the whole profession. Veterinary nurses should ensure that their endorsement does not amount to, or give the impression of, the giving of advice or recommendation of a treatment option based upon a diagnosis.

23.37 Veterinary surgeons and veterinary nurses may endorse non-veterinary products and services so long as that endorsement does not bring the profession into disrepute and any relevant legislation or regulation applicable to those non-veterinary products and services is complied with. Please see Chapter 9 for guidance in relation to animal insurance.

Recommendations in the course of treatment or when providing other veterinary services to clients

23.38 Where veterinary surgeons recommend veterinary products and services in the course of treatment or when providing other veterinary services to clients (including by way of referrals and second opinions – please see Chapter 1), this recommendation should be clinically justified, i.e., based on sound scientific principles or have a recognised evidence base, and be in the best interests of the animal.

23.39 Veterinary surgeons should not allow any interest in a particular product or service to affect the way they prescribe or make recommendations (see also paragraph 1.9 of Chapter 1 in relation to veterinary medicinal products and incentives).  This is the case whether the interest is held by the veterinary surgeon themselves, their employer, or any other organisation they are associated with. Veterinary surgeons should inform clients of any real or perceived conflict of interest.

Maintaining clinical freedom

23.40 Advertisements, endorsements, or claims of ‘general’ veterinary approval made by organisations should not impact upon the clinical freedom and decision-making of veterinary surgeons and veterinary nurses employed by, or associated with, that organisation.

23.41 Veterinary surgeons and veterinary nurses should not allow any interests, including those arising from associations with particular organisations or products, to affect their clinical decision-making, i.e. they must make animal health and welfare their first consideration when attending to animals.

Obligations set by other regulators

Advertising veterinary medicines

23.42 In relation to advertising veterinary medicines, veterinary surgeons and veterinary nurses should not make medicinal claims about unlicensed products. When advertising licenced veterinary medicines, including the publishing of medicines prices, veterinary surgeons and veterinary nurses should comply with the Veterinary Medicines Regulations and associated guidance on advertising veterinary medicines legally, issued by the Veterinary Medicines Directorate (VMD).

23.43 Concerns about the advertisement of unlicensed products should be raised with the VMD’s enforcement team in the first instance so a finding can be made by the appropriate regulator. Veterinary surgeons and veterinary nurses must disclose to the RCVS any adverse findings made against them as individuals, including those made by the VMD.

UK advertising codes and claims of general veterinary approval

23.44 All advertising should also comply with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code), which is enforced by the ASA.

23.45 Veterinary surgeons and veterinary nurses who make claims of superiority or other comparisons with competitors, including in practice names, for example, ‘Superior Vets Ltd’, should have regard to section 3 of the CAP Code and should not mislead the public.

23.46 Veterinary surgeons and veterinary nurses who manufacture their own veterinary products, for example, health supplements, may make claims about the health benefits of those products only where they hold ‘robust clinical evidence’ to support them (see rule 12.1 of the CAP Code). Claims to treat adverse conditions are likely to be considered medicinal claims and should only be made for licenced veterinary medicines in accordance with the relevant guidance linked at paragraph 23.xx below.

23.47 An organisation claiming ‘general’ veterinary approval for a product or service should also ensure it complies with the CAP Code.

23.48 Claims of ‘general’ veterinary approval should not suggest that the whole profession endorses those veterinary products or services. Claims of this kind are regulated by the ASA through the CAP Code. Where an organisation makes a claim of ‘general’ veterinary approval, there should be no suggestion that veterinary surgeons or veterinary nurses employed by, or associated with, the organisation, endorse those veterinary products or services, unless those veterinary surgeons or veterinary nurses have expressly agreed to do so. Where express agreement is sought from employees to claim endorsement on their behalf, it should be made clear that the employee may opt out. Veterinary surgeons and veterinary nurses should not feel under any pressure to endorse their employer’s products, and clauses requiring endorsement of products and services as part of contracts of employment should be avoided so that clinical freedom is maintained (see paragraph 23.20, below). Where veterinary surgeons and veterinary nurses freely choose to endorse the products or services of their employer, they should do so in accordance with the guidance in this chapter.

23.49 Veterinary surgeons and veterinary nurses should not allow organisations to suggest that they endorse a veterinary product or service unless they expressly agree to do so, in compliance with the guidance in this chapter.

23.50 Concerns about advertisements that appear contrary to the CAP Code, including in relation to claims of superiority or comparisons with competitors in practice names (or otherwise), should be raised with the ASA in the first instance so a finding can be made by the appropriate regulator. Veterinary surgeons and veterinary nurses must disclose to the RCVS any adverse findings made against them as individuals, including those made by the ASA.

Advertising by email and GDPR

23.51 Veterinary surgeons and veterinary nurses undertaking email marketing will need the consent of the recipient (see paragraph 23.53 below), unless they can rely on a “soft opt-in” (see paragraph 23.53 below). Email marketing would include vaccination reminders and information regarding any promotions, but not appointment reminders or information about 24-hour emergency first aid and pain relief. There should be systems and processes in place to keep consent up to date and veterinary surgeons and veterinary nurses should comply promptly if an individual withdraws their consent. Care should be taken before sending any email marketing to clients of the practice who have not been seen for some time, as there may not be valid and up to date consent in place or where it is unclear whether GDPR compliant consent has been obtained (see paragraph 23.53 below). Emailing clients to ask them to give consent to email marketing may amount to direct marketing without consent, and therefore be a breach of data protection and/or direct marketing laws. Clients can be contacted by post on the basis that keeping in touch with them is in the practice’s legitimate interest.

23.52 Veterinary surgeons and veterinary nurses relying on consent for email marketing should ensure that, (a) the client has given clear, specific and informed consent, and (b) the practice has records of the wording provided to the client at the time consent was given, to show that the consent was “informed”. Consent should be freely given and there should be a specific opt-in by the client. It is not acceptable to rely on a pre-ticked box or infer consent from silence. Consent can include verbal consent. If relying on a discussion with a client, a record should be made to this effect (for example, when the consent was obtained, what the client was told about how their data would be used and, for what purpose).

23.53 It may be possible to send direct marketing to existing clients without their specific consent, where, (a) the practice obtained the client’s email address in the context of providing veterinary services, (b) the marketing relates to its own services, which are similar to those previously provided to the client, and (c) the client was clearly given the opportunity to opt out of email marketing at the time their email address was collected, and each time a marketing email is sent. This is known as a “soft opt-in”, and could apply, for example, to vaccination reminders where the client has previously paid for vaccinations. The practice would have a legitimate interest in sending such marketing emails. However, if the practice does not have records that the opt-out information was given when the email address was collected, it should not rely on the soft opt-in for email marketing. If the opt-out information was given to some clients but not to others, the practice can only rely on the soft-opt in for the relevant clients and should divide its database accordingly for marketing purposes.

23.54 For further advice in relation to advertising in a GDPR compliant manner, please contact the ICO or obtain independent legal advice.