Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2270 - Missouri Veterinary Medical Board › Chapter 6 - Professional Conduct for the Practice of Veterinary Medicine › Section 20 CSR 2270-6.011 - Rules of Professional Conduct

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The rule is being amended to update minimum
				  standard and conduct rules to allow an owner's agent to receive medical
				  records.
(1) Pursuant to
				section 340.210.2(13), RSMo, the Missouri Veterinary Medical Board adopts the
				following rules to be referred to as the rules of professional conduct. These
				rules of professional conduct are binding on every person licensed by the board
				to practice as a veterinarian or registered by the board to practice as a
				veterinary technician. Whenever the term licensee is used, it shall be read to
				include any individual possessing a license, certificate of registration,
				permit, or any other form of authorization issued by the board pursuant to
				Chapter 340, RSMo. Any act or practice found to be in violation of these rules
				of professional conduct shall be considered as unprofessional conduct and be
				grounds for the filing of a complaint with the Administrative Hearing
				Commission.
(2) In the performance
				of professional services, licensees at all times shall be cognizant that their
				primary responsibility is to the public's safety, health or welfare and that
				this responsibility shall never be compromised by self-interest, personal
				advantage or monetary gain.
(3)
				Licensees shall undertake to perform only those professional services for which
				they, or those whom the licensee may employ, are qualified by education,
				training or experience to perform. If the licensee is not qualified to provide
				services requiring advanced training or education, the licensee must truthfully
				and accurately inform the client of those limitations and offer all available
				assistance in referring the client to colleagues or other professionals who are
				qualified to render those services or treatments.
(4) Licensees, directly or indirectly, shall
				not injure the professional reputation, standing, prospects of practice or
				employment of another member of the profession in any manner which could
				reasonably be deemed as malicious, false or misleading.
(5) Licensees at all times shall conform
				their practice to the currently accepted standards for the profession of
				veterinary medicine as these standards are set forth under Chapter 340, RSMo or
				by any rule lawfully promulgated by the board or as otherwise found to be
				accepted within the profession as gauged by the reasonable conduct of other
				professionals engaged in the practice of veterinary medicine.
(6) Licensees shall not initiate or knowingly
				participate in any form of advertising or solicitation that contains false,
				deceptive or misleading statements or claims.
(7) A licensee shall not advertise, state or
				imply by any means that s/he is a specialist in any given field unless the
				licensee is, in fact, a diplomate of an American Veterinary Medical Association
				(AVMA)-recognized specialty and is board-certified by the AVMA.
(8) Licensees at all times shall conduct
				themselves in a professional manner with the general public and clients through
				courteous verbal exchange. Licensees shall provide all clients with a
				diagnostic assessment and treatment plan, to include recommendations and
				medications when appropriate, prior to rendering the treatment, except in cases
				of emergencies where the client cannot be reached for consultation within a
				reasonable time frame as dictated by the patient's condition. All clients shall
				be informed of any required follow-up treatment. All diagnostic assessments,
				treatment plans, medications and other pertinent information regarding the
				treatment of the patient shall be recorded in the patient's medical record and
				a copy of the record shall be made available to the client upon
				request.
(9) In the event that a
				client should choose to consult with or utilize the services of another
				veterinarian, the licensee shall withdraw from the case if so requested. The
				licensee shall indicate the circumstances for withdrawal on the medical records
				and cooperate fully with the other veterinarian to include the transmittal of a
				copy of all pertinent medical records upon the request of the other
				veterinarian who has the authorization of the owner of the animal to which it
				pertains or directly to the owner or owner's agent.
(10) Although a licensee may choose whom to
				serve, once the care of a patient has been undertaken the licensee has an
				obligation to provide reasonable services or treatment to stabilize the patient
				or to prevent unnecessary suffering or pain.
(11) Licensees shall not reveal confidential,
				proprietary or privileged facts or data or any other sensitive information
				contained in a patient's medical records or as otherwise obtained in a
				professional capacity without the prior consent of the client except as
				otherwise authorized or required by Chapter 340, RSMo, lawful rules as
				promulgated by the board, court order or any other state or federal law, or
				regulation. However, this section shall not apply to cases in which the
				veterinarian may observe animal abuse or neglect. The board recognizes that
				veterinarians may observe cases of animal abuse or neglect as defined by
				federal or state laws, or local ordinances. When these situations cannot be
				resolved through education, the board considers it the responsibility of the
				veterinarian to report such cases to the appropriate authorities. Disclosures
				may be necessary to protect the health and welfare of animals and people.
				Veterinarians should be aware that accurate record keeping and documentation of
				these cases are invaluable.
(12)
				Licensees have an obligation to immediately inform the board of any
				disciplinary action taken against their licenses to practice veterinary
				medicine by another state or federal authority or of the suspension, revocation
				or surrender of any controlled substance license or registration issued by any
				state or federal authority. Licensees at all times shall conduct their
				professional activities in conformity with all state and federal laws and
				regulations.
(13) Licensees have an
				obligation and professional duty to cooperate with any reasonable request by
				the board to appear before the board or to furnish information to the board
				upon request concerning any investigation or complaint.
(14) Licensees at all times shall comply with
				any lawful order issued by the board or with any consent agreement voluntarily
				entered into between the licensee and the board.
(15) A licensee shall not dispense or
				prescribe any controlled substance or legend drug except in the professional
				course of his/her practice and only upon the establishment of a bona fide
				veterinarian-client-patient relationship.
(16) A licensee shall not issue any
				certificate of health/inspection required or authorized by state, federal or
				municipal law unless s/he has personal knowledge of the factual averments
				contained in the certificate of health by means of actual inspection,
				examination, appropriate testing, or any combination of these, of the
				animal(s).
(17) A licensee shall
				not aid or abet, either directly or indirectly, the unlawful practice of
				veterinary medicine and shall be obligated to report to the board any
				information which the licensee has regarding the unlawful or unlicensed
				practice of veterinary medicine.
(18) A licensee shall not delegate any
				professional responsibility to any person, whether or not that person is
				employed by the licensee, except as otherwise provided for or authorized under
				and pursuant to Chapter 340, RSMo or any lawful rule promulgated by the
				board.
(19) A licensee shall obtain
				the informed written consent of the client prior to placing any patient under
				anesthesia or performing any surgical procedure, or both, except in an
				emergency.
(20) Licensees shall
				have the responsibility and obligation to ascertain whether or not any person
				engaged in the employment of the licensee has the necessary license or
				registration to practice his/her profession in this state and that the license
				or registration is current.
(21) A
				licensee shall obtain the consent of the client prior to transporting a patient
				to another facility for veterinary care or lodging, unless circumstances
				qualifying as an emergency do not permit obtaining consent, or as otherwise
				provided for under Chapter 340, RSMo or any lawful rule promulgated by the
				board.
(22) Licensees shall notify
				clients where to call if a licensed veterinarian is unavailable at that
				facility. The use of an answering device will meet the intent of this
				rule.
(23) The initials "RVT" shall
				designate a registered veterinary technician. Only those individuals who are so
				licensed by the board may use the designation with their name.
*Original authority: 340.210, RSMo 1992, amended 1993,
					 1995, 1999.