17. (1) For the purposes of the Act, professional misconduct includes the following: 1.  An act or omission inconsistent with the Act or this Regulation. 2.  Failing to maintain the standard of practice of the profession. 3.  Failing to fulfil the terms of an agreement with a client. 4.  Failing to continue to provide professional services to an animal until the services are no longer required or until the client has had a reasonable opportunity to arrange for the services of another member. 5.  Failing to provide within a reasonable time and without cause any certificate or report requested by a client or his or her agent in respect to an examination or treatment performed by the member. 6.  Revealing information concerning a client, an animal or any professional service performed for an animal, to any person other than the client or another member treating the animal except, i.  with the consent of the client, ii.  if required or authorized to do so by law, iii.  to prevent, or contribute information for the treatment of, a disease or physical injury of a person, or iv.  Revoked: O. Reg. 233/15, s. 11 (1). v.  for the purpose of identifying, locating or notifying the apparent owner of the animal, protecting the rights of the apparent owner or enforcing applicable laws in respect of the animal, where it appears that the animal is not owned by the person presenting it for treatment. 7.  Providing, or attempting or offering to provide, services that are not reasonably useful or needed. 7.1  Recommending, referring, ordering or requisitioning laboratory tests, technical procedures or professional services that are not reasonably useful or needed. 8.  Making a misrepresentation to a client or prospective client. 9.  Making a claim respecting the utility of any remedy, treatment, device or procedure other than a claim which can reasonably be supported as professional opinion. 10.  Guaranteeing a cure, or making a statement which a client would reasonably understand as a guarantee of a cure. 11.  Charging a fee that is excessive in relation to the amount normally charged for the services performed or the product dispensed or adding a charge that is excessive when recovering any disbursement incurred in the course of providing services. 12.  Charging a fee for an unperformed service, except a fee for an appointment missed without at least twenty-four hours notice. 13.  Revoked:  O. Reg. 510/95, s. 4. 14.  Revoked: O. Reg. 233/15, s. 11 (3). 15.  Knowingly submitting a false or misleading account or charge for professional services. 16.  Failing to issue a statement or receipt when a statement or receipt is requested by a client or his or her agent. 17.  Failing to itemize the services provided, the fees therefor and the disbursements charged, when an itemized account is requested by a client or his or her agent. 18.  Reducing, or offering to reduce, an account for prompt payment without notifying the client of the terms of reduction before providing the pertinent service. 19.  Charging interest on an account without notifying the client of the terms of interest before providing the pertinent service, except where interest has been granted by a court. 20.  Selling, or attempting to sell, an account for professional services to a third party. 21.  Failing to dispose of an animal, whether deceased or alive, or a part of it, in accordance with the client’s instructions if those instructions are in accordance with the standards of practice of the profession. 22.  Disposing of an animal, whether deceased or alive, or a part of it, by any means that are not in accordance with the standards of practice of the profession, if the client does not give instructions regarding such disposal or gives instructions that are not in accordance with the standards of practice of the profession. 22.1  Failing to dispose of biological, pathological or hazardous wastes in accordance with the requirements of the Environmental Protection Act or, if there are no such requirements, in accordance with the standards of practice of the profession. 23.  If an animal has died unexpectedly or from an anaesthetic, failing to promptly inform the client about the availability of a necropsy through a veterinarian independent of the attending veterinarian but, having provided the information, the attending veterinarian or an associate, upon the client’s request, may perform the necropsy. 24.  Abusing a client verbally or physically or permitting or counselling an associate or auxiliary to abuse a client verbally or physically. 25.  Having a conflict of interest. 26.  Having a licence under the Livestock Medicines Act or an interest in an establishment or undertaking that has a licence under that Act, or deriving a benefit directly or indirectly from an establishment or undertaking that has a licence under the Livestock Medicines Act. 27.  Failing to make or retain the records required by this Regulation. 28.  Falsifying a record regarding professional services. 29.  Failing to abide by a condition in a licence or a certificate of accreditation. 30.  Failing to direct or supervise, or inadequately directing or supervising, an auxiliary. 31.  Permitting, counselling or assisting any person, other than a member, to practise, or to attempt to practise, veterinary medicine. 32.  Permitting, advising or assisting any person, other than a member, to perform any act or function which should properly be performed by a member. 33.  Directly or by implication representing any person to be a member who is not a member. 34.  Signing or issuing a veterinary certificate, report or similar document that contains a statement that the member knows or ought to know is false, misleading or otherwise improper. 35.  Signing or issuing a veterinary certificate, report or similar document without ascertaining, or taking reasonable measures to determine, the accuracy of its contents. 36.  Permitting a veterinary certificate, report or similar document to be issued in the member’s name, or with his or her concurrence, without personally signing it. 37.  If a licence of another person is suspended or has been revoked, cancelled or terminated, a member for any purpose related to the practice of veterinary medicine, except with the prior written consent of the Executive Committee and subject to the terms of that consent, i.  retains or uses the services of that person, ii.  employs or is employed by him or her, iii.  maintains a partnership or association with him or her or is a shareholder in a professional corporation in which he or she is a shareholder or of which he or she is an employee, iv.  directly or indirectly receives, makes or confers any remuneration or benefit from or to him or her, or v.  shares or occupies space with him or her. 38.  Failing to reply appropriately to a written inquiry received from the College or failing to reply to the inquiry within the time specified in the inquiry or, if no time is specified, within 25 days after the day the inquiry was received by the member. 38.1  Providing false or misleading information to the College. 39.  Making any statement, orally or in writing, calculated to belittle or injure the professional reputation of another veterinarian, or unnecessarily commenting adversely upon any professional act of another veterinarian. 40.  Treating an animal receiving veterinary services from another member without notifying the other member and obtaining the relevant historical information as soon as practicable except if the treatment is done in accordance with subsection 33 (1.1). 41.  Treating an animal receiving veterinary services from another member who did not refer the animal without advising the client that such uncoordinated veterinary services may place the animal at risk except if the treatment is done in accordance with subsection 33 (1.1). 42., 43.  Revoked: O. Reg. 233/15, s. 11 (6). 43.1  Being a shareholder, officer or director of a professional corporation where the professional corporation does or omits to do anything that would be professional misconduct if done or omitted to be done by the member. 44.  An act or omission relevant to the practice of veterinary medicine that, having regard to the circumstances, would be regarded by members as disgraceful, dishonourable or unprofessional. 45.  Conduct unbecoming a veterinarian. 46.  Contravening a law if, i.  the purpose of the law is to protect or promote the health or welfare of animals or to protect or promote public health, or ii.  the contravention is relevant to the member’s suitability to practise veterinary medicine.  R.R.O. 1990, Reg. 1093, s. 17 (1); O. Reg. 513/94, s. 1; O. Reg. 510/95, s. 4; O. Reg. 431/00, s. 5 (1, 2); O. Reg. 24/02, s. 1 (1-4); O. Reg. 161/04, s. 11 (1-5); O. Reg. 398/07, s. 10; O. Reg. 233/15, s. 11 (1-7). (1.1) Despite paragraph 21of subsection (1), it is not professional misconduct for a member to dispose of a live animal that is not claimed by the client after the completion of an in-hospital treatment and convalescence or of an ancillary service as defined in section 34 by transferring the animal to an animal shelter or to a third party owner if at least 10 days have passed since the completion of the treatment, convalescence or ancillary service and, (a)  the client has agreed in writing to the transfer; or (b)  the member has done all of the following and has not received notice from the client that he or she is unable to pay the applicable fees and costs necessary to the return of the animal: (i)  attempted to contact the client on at least five occasions and by at least two different methods, (ii)  made a written record of the attempts described in subclause (i) and keeps the record in accordance with subsection (1.2), and (iii)  made at least one attempt to contact the emergency contact person identified by the client. O. Reg. 233/15, s. 11 (8). (1.2) A member shall keep a record described in subclause (1.1) (b) (ii) for the shorter of the following two periods: 1.  A period of five years after the last attempt to contact the client is documented. 2.  A period of two years after the member ceases to practise veterinary medicine. O. Reg. 233/15, s. 11 (8). (2) Despite paragraph 26 of subsection (1), it is not professional misconduct for a member to own shares in a corporation the shares of which are publicly traded through the Toronto Stock Exchange even if the corporation has a licence under the Livestock Medicines Act.  R.R.O. 1990, Reg. 1093, s. 17 (2); O. Reg. 233/15, s. 11 (9). (3) Despite paragraph 26 of subsection (1), it is not professional misconduct for a member to be employed by, or have a contract to provide services to, an entity that is an individual, a partnership or a corporation, if, (a)  the member does not have a financial interest in the entity; (b)  the entity is engaged in manufacturing or selling feed for poultry or is engaged in breeding, hatching, growing, processing or feeding poultry; (c)  the entity is licensed under the Livestock Medicines Act; and (d)  the entity does not offer veterinary services as an inducement to others to buy its products or to sell products to it.  O. Reg. 431/00, s. 5 (3). (4) Despite paragraph 20 of subsection (1), it is not professional misconduct to retain a lawyer or agent to collect unpaid accounts or to accept payment for professional services by credit card. O. Reg. 233/15, s. 11 (10). (5) A treatment provided in the circumstances described in paragraphs 40 and 41 of subsection (1) does not constitute professional misconduct if the treatment is provided in a temporary facility and, (a)  in the case of a treatment provided in circumstances described in paragraph 40, relevant historical medical information is obtained from the client before providing the treatment and the client is advised to inform the other member of the treatment provided at the temporary facility; and (b)  in the case of a treatment provided in circumstances described in paragraph 41, the treatment received at the temporary facility does not place the animal at risk with respect to any other veterinary services that it may receive elsewhere. O. Reg. 233/15, s. 11 (10).