Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.6 - Grounds for Discipline and Principles of Veterinary Medical Ethics

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				272C.10 and
				169.13 are incorporated by
				reference. The board has established grounds for discipline and principles of
				ethics for veterinary medicine. Without regard as to whether the board has
				determined that an injury has occurred, the board may impose any of the
				disciplinary sanctions set forth in rule
				811-10.7 (17A,169,272C),
				including civil penalties in an amount not to exceed $1,000, when the board
				determines that the credential holder is guilty of any of the following acts or
				offenses:
(1)
Grounds
			 applicable to all credential holders.
a. Fraud in procuring a credential, which
			 includes but is not limited to an intentional perversion of the truth in making
			 application for a credential to practice any of the professions or activities
			 regulated by the board in this state and includes false representations of a
			 material fact, whether by word or by conduct, by false or misleading
			 allegations, or by concealment of that which should have been disclosed when
			 making application for a credential in this state, or attempting to file or
			 filing with the board or the Iowa department of agriculture and land
			 stewardship any false or forged diploma, certificate, affidavit,
			 identification, or qualification in making an application for a credential in
			 this state.
b. Professional
			 incompetency of a credential holder may be established by:
(1) A substantial lack of knowledge or
			 ability to discharge professional obligations within the scope of the
			 credential holder's practice.
(2) A
			 substantial deviation by the credential holder from the standards of learning
			 or skill ordinarily possessed and applied by other credential holders acting in
			 the same or similar circumstances.
(3) A willful or repeated departure from or
			 the failure to conform to the minimal standards of acceptable and prevailing
			 practice of credential holders.
(4)
			 Knowingly making misleading, deceptive, untrue or fraudulent representations in
			 the practice of the profession or engaging in unethical conduct or practice
			 harmful or detrimental to the public.
1.
			 Knowingly making misleading, deceptive, untrue or fraudulent representations in
			 the practice of the profession includes, but is not limited to, an intentional
			 perversion of the truth, either orally or in writing, and includes any
			 representation contrary to legal or equitable duty, trust or confidence and is
			 deemed by the board to be contrary to good conscience, prejudicial to the
			 public welfare or may operate to the injury of another.
2. Practice harmful or detrimental to the
			 public includes, but is not limited to, the failure of a credential holder to
			 possess and exercise that degree of skill, learning and care expected of a
			 reasonable, prudent credential holder acting in the same or similar
			 circumstances, including for a veterinarian a violation of the standards of
			 practice as set out in 811-Chapter 12, or when a credential holder is unable to
			 practice with reasonable skill and safety on a client's animals as a result of
			 a mental or physical impairment or chemical abuse.
c. Habitual intoxication or
			 addiction to the use of drugs means the same as Iowa Code section
			 169.13(1)
"h."
The board may mandate a credential holder's completion of
			 a treatment program as a condition of probation or suspension and will consider
			 the credential holder's willingness to complete a treatment program when
			 determining the appropriate degree of disciplinary sanction.
d. Conviction of a felony or misdemeanor,
			 which includes, but is not limited to, the conviction of a public offense in
			 the practice of the credential holder's profession and is defined or classified
			 as a felony under state or federal law, or violation of a statute or law
			 designated as a felony in this state, another state, or the United States,
			 which statute or law directly relates to the credential holder's profession or
			 ability to practice within the profession.
e. Fraud in representations as to skill or
			 ability, which includes but is not limited to a credential holder's having made
			 misleading, deceptive or untrue representations as to the credential holder's
			 competency to perform professional services for which the credential holder is
			 not qualified to perform by training or experience.
f. Use of untruthful or improbable statements
			 in advertisements, which includes but is not limited to an action by a
			 credential holder in making information or intention known to the public which
			 is false, deceptive, misleading or promoted through fraud or misrepresentation
			 and includes statements which may consist of, but not be limited to:
(1) Inflated or unjustified expectations of
			 favorable results;
(2)
			 Self-laudatory claims that imply that the credential holder engaged in a field
			 or specialty of practice for which the credential holder is not qualified. A
			 veterinarian is not qualified to claim or imply specialization unless the
			 veterinarian is a member in good standing of the respective specialty board or
			 college recognized by the AVMA;
(3)
			 Representations that are likely to cause the average person to misunderstand;
			 or
(4) Extravagant claims or claims
			 of extraordinary skills not recognized by the credential holder's
			 profession.
g. Willful or
			 repeated violations of the provisions of Iowa Code chapters 169 and 272C and
			 rules promulgated thereunder by the board.
h. Failure to report a license, certificate,
			 permit, or other credential revocation, suspension or other disciplinary action
			 taken by a licensing or regulating authority of another state, territory or
			 country within 30 days of the final action by such licensing or regulating
			 authority. A stay by an appellate court cannot negate this requirement;
			 however, if such disciplinary action is overturned or reversed by a court of
			 last resort, such report is expunged from the records of the board.
i. Failure of a credential holder or an
			 applicant for a credential in this state to report, within 30 days, any
			 settlement agreement or voluntary agreement to limit the practice of veterinary
			 medicine or other applicable activities entered into in another state,
			 district, territory or country or those included in Iowa Code section
			 272C.9 or
			 169.13.
j. Knowingly submitting a false report of
			 continuing education or failure to submit the triennial report of continuing
			 education.
k. Failure to comply
			 with a subpoena issued by the board.
l. Willful or gross negligence.
m. Obtaining any fee by fraud or
			 misrepresentation.
n. Violating any
			 of the grounds for the revocation or suspension of a credential as listed in
			 Iowa Code section 169.13 or these rules.
o. A violation of Iowa Code section
			 169.13(1)
"d"
; having the person's certificate, license, permit, or
			 other credential revoked or suspended by the United States Department of
			 Agriculture (USDA); or having the veterinarian's USDA accreditation revoked,
			 suspended or other disciplinary action taken against the
			 accreditation.
p. Failing to comply
			 with a lawful child support order as provided in 811-Chapter 13.
q. Failing to pay any hearing fees and costs
			 within the time specified in the board's decision.
r. Failure to satisfy the continuing
			 education requirements of rule
			 811-8.10 (169,272C).
The board cannot suspend or revoke a license issued by the
				board to a person who is in circumstances outlined by Iowa Code section
				272C.4(10).