Alabama Administrative Code › Title 930 - ALABAMA STATE BOARD OF VETERINARY MEDICINE › Chapter 930-X-1 - GENERAL RULES › Section 930-X-1-.10 - Rules Of Professional Conduct/Grounds For Discipline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is
			 unprofessional and a violation of the administrative code to represent
			 conflicting interests except by express consent of all concerned, given after a
			 full disclosure of the facts. Within the meaning of this rule, a member
			 represents conflicting interests if employed by a buyer to inspect an animal
			 for soundness when he or she accepts a fee from the seller. Acceptance of a fee
			 from both the buyer and the seller is prima facie evidence of fraud.
(2) It is the right of any veterinarian
			 without fear or favor to give proper advice to those seeking relief against
			 unfaithful or negligent veterinary services, generally after communication with
			 the veterinarian of whom the complaint is made. However, any deceptive
			 disparagement of the practice of a veterinarian is a violation of the
			 administrative code.
(3)
			 Veterinarians shall expose without fear or favor before the proper tribunal of
			 the Alabama State Board of Veterinary Medical Examiners corrupt or dishonest
			 conduct in the profession.
(4) A
			 veterinarian upon his or her own responsibility must decide what employment he
			 or she will accept in his or her professional capacity and what course of
			 treatment will be followed once he or she has accepted employment. The
			 responsibility for advising questionable or unusual treatment rests upon the
			 veterinarian. No veterinarian shall give any service or advice involving
			 disloyalty to the law. A veterinarian must also observe and advise his or her
			 client to observe the state and federal law. A veterinarian shall not give any
			 service or advice directly towards the corruption of any person or persons
			 exercising a public office or private trust or deception or betrayal of the
			 public.
(5) Each veterinarian shall
			 have posted or displayed in his or her office or place of employment in full
			 view of his or her clients, his or her original Alabama license to practice
			 veterinary medicine, current year's display license and premise permit. Alabama
			 State Controlled Substance Registration shall be posted in or near controlled
			 substance cabinet or safe for inspection by state and federal
			 representatives.
(6) Veterinarians
			 shall exercise the same degree of care, skill and diligence in treating
			 patients as are ordinarily used in the same or similar circumstances by members
			 of the veterinary medical profession in good standing in the locality or
			 community in which they practice or in similar communities.
(7) A licensed veterinarian shall not use or
			 display any college degree, certificate or title granted by any institution not
			 approved by the Alabama State Board of Veterinary Medical Examiners.
(8) A licensed veterinarian shall not use any
			 certificate, college degree, or title to which he or she is not
			 entitled.
(9) A licensed
			 veterinarian shall not promote, aid, or abet the practice of veterinary
			 medicine by an unlicensed person or promote, aid, or abet any illegal or
			 unethical act on the part of any veterinarian.
(10) Except as otherwise provided by law, a
			 licensed veterinarian shall not allow a person not licensed under the Alabama
			 Veterinary Practice Act to issue certificates with the veterinarian's signature
			 affixed thereto, nor shall he or she permit a person not licensed under the
			 Alabama Veterinary Practice Act to vaccinate or treat animals unless under the
			 immediate supervision of the licensed veterinarian.
(11) A licensed veterinarian in this state
			 shall not issue a certificate of health unless he or she shall know of his or
			 her own knowledge by actual inspection and appropriate test of the animals that
			 said animals meet the requirements of the issuance of such
			 certificate.
(12) It is
			 professionally dishonest for licensed veterinarians to guarantee a cure. A
			 veterinarian must avoid bold and confident assurances to a client, especially
			 where the employment may depend upon such assurance.
(13) A licensed veterinarian shall treat all
			 animals entrusted to him or her by his or her clients in keeping with the
			 professional standards of humane treatment and care.
(14) A licensed veterinarian shall conduct
			 his or her practice on the highest plane of honesty, integrity, and fair
			 dealing with his or her clients, in time and services given, and the amount
			 charged for his or her services, facilities, appliances and drugs.
(15) A licensed veterinarian shall not
			 violate the confidential relationship between himself or herself and his or her
			 client.
(16) A veterinarian is
			 obligated to report to the proper authorities any grossly inhumane treatment to
			 animals of which he or she has direct knowledge.
(17) Advertising. A veterinarian may
			 advertise his or her services, facilities, training, and fees provided he or
			 she follows the current "Principles of Veterinary Medical Ethics on
			 Advertising" as adopted by the American Veterinary Medical
			 Association.
(18) Any veterinarian
			 who uses a present or past position or office of trust to deceptively create
			 for himself or herself any individual professional advantage or to coerce or to
			 deceive the public shall be in violation of the Rules of Professional Conduct.
			 This is not to prohibit a licensed veterinarian from providing educational
			 information to the public as a practitioner or a member of a veterinary
			 association.
(19) A licensed
			 veterinarian is required to maintain his or her entire premises in such a state
			 of sanitation as to comply with the public health requirements of the city and
			 county in which it is located, the public health laws of the State of Alabama,
			 and the Board's requirements for maintenance of a premise permit.
(20) Upon complaint and within its
			 discretion, the Board may revoke or suspend the license of or otherwise
			 discipline any licensed veterinarian under this rule. Grounds for disciplinary
			 action shall include, but not be limited to, the following:
(a) Practicing veterinary medicine without
			 holding an active license to practice veterinary medicine.
(b) Using the name or title "licensed
			 veterinarian" if the person has not been licensed pursuant to this
			 chapter.
(c) Presenting as his or
			 her own the license of another.
(d)
			 Giving false or forged information to the Board or a member thereof for the
			 purpose of getting a license.
(e)
			 Using or attempting to use a veterinary license which has been suspended or
			 revoked.
(f) Knowingly employing
			 unlicensed persons in the practice of veterinary medicine.
(g) Knowingly hiding information relative to
			 violations of this chapter.
(h) The
			 employment of fraud, misrepresentation or deception in getting a
			 license.
(i) Adjudication of
			 insanity or incompetency.
(j)
			 Chronic inebriation or habitual use of drugs.
(k) The use of advertising or solicitation,
			 which is false, misleading or deceptive.
(l) Conviction of a felony or other public
			 offense involving moral turpitude.
(m) Incompetence, gross negligence, or other
			 malpractice in the practice of veterinary medicine.
(n) Having professional association with or
			 knowingly employing any person practicing veterinary medicine
			 unlawfully.
(o) Fraud or dishonesty
			 in the application or reporting of any test for disease in animals.
(p) Failure to keep veterinary premises and
			 equipment in a clean and sanitary condition.
(q) Failure to report as required by laws and
			 regulations of the state or the false reporting of any contagious or infectious
			 disease.
(r) Dishonesty or gross
			 negligence in the inspection of foodstuffs or the issuance of health or
			 inspection certificates.
(s)
			 willful failure to display a license.
(t) Fraud, deception, misrepresentation,
			 dishonesty or illegal practices in or connected with the practice of veterinary
			 medicine.
(u) Conviction of cruelty
			 to animals.
(v) Revocation of a
			 license to practice veterinary medicine by another state, territory or district
			 of the United States, but only if the grounds for revocation in such other
			 jurisdiction would also result in revocation of the practitioner's license in
			 this state.
(w) A violation of the
			 Rules of Professional Conduct as prescribed in the Alabama Veterinary Practice
			 Act or the Administrative Code.
(x)
			 Performing or prescribing unnecessary treatment.
(y) Permitting or allowing another to use a
			 veterinarian's license for the purpose of treating or offering to treat sick,
			 injured or afflicted animals.
(z)
			 Refusing to permit the Board's authorized representative(s) to inspect the
			 business premises of the licensee during regular business hours or failure to
			 comply with Board recommendations for mandatory facility requirements after
			 notification and elapse of a reasonable grace period.
(aa) Failure to pay an administrative fine
			 imposed by the Board in a timely manner.
(bb) Failure to obey a disciplinary order of
			 the board.
(cc) Practicing
			 veterinary medicine in a premise without a premise permit or which is not up to
			 premise permit standards as prescribed by the Veterinary Practice Act and the
			 Administrative Code.
(dd) Failure
			 to relinquish state or federal controlled substance registration upon the
			 retirement or discontinuance of practice.
(ee) Failure to use childproof packaging or
			 special packaging in accordance with all state and federal codes.
(ff) Misrepresenting continuing education
			 hours to the Board.
(gg) Failure to
			 comply with the State Prescription Drug Monitoring Program (PDMP).
(hh) Failure to comply with the
			 recommendations of the Alabama Veterinary Professional's Wellness Committee
			 (AVPWP).
(ii) Providing veterinary
			 drugs and medicines for resale to veterinary practitioners and other veterinary
			 wholesalers without a Wholesale Veterinary Drug Distributor's permit issued by
			 the Alabama Board of Pharmacy.