New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 25 - VETERINARY MEDICINE PRACTITIONERS › Part 3 - PROFESSIONAL CONDUCT › Section 16.25.3.8 - CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
All professionals licensed by the board of veterinary
				  medicine are subject to the Veterinary Practice Act and rules promulgated by
				  the board.
A. Violations of the
				Veterinary Practice Act or rules promulgated by the board are subject to the
				complaint process as governed by the Uniform Licensing Act. Failure to comply
				with a board request for records or information pertinent to a complaint
				investigation will be considered a violation of this rule.
B. Complaints are reviewed by the board on a
				case by case basis to determine if disciplinary action is necessary.
				Unprofessional conduct by a licensee in a complaint determined by the board
				includes but is not limited to noncompliance with terms of a settlement
				agreement entered into with the board by a licensee to resolve a
				complaint.
C. A licensee shall not
				represent conflicting interests except by express consent of all concerned
				subsequent to a full disclosure of the facts.
D. It is the right of any licensee, without
				fear or favor, to give proper advice to those seeking relief against unfaithful
				or neglectful services.
E. A
				licensee shall expose, without fear or favor, before the proper tribunal or the
				New Mexico board of veterinary medicine, corrupt or dishonest conduct in the
				profession.
F. A veterinarian must
				decide what professional employment will be accepted and what course of
				treatment will be followed once employed. The responsibility for advising
				questionable or unusual treatment rests upon the veterinarian. If a licensee is
				asked to perform a treatment that is questionable or unusual, the licensee must
				use his own professional judgment about whether he will perform this
				treatment.
G. No licensee shall
				render any service or advice contrary to the law. A veterinarian must also
				observe and advise clients to observe applicable laws and
				regulations.
H. A licensee shall
				not render any service or advice directed toward the corruption of any person
				or persons exercising a public office or private trust; or the deception or
				betrayal of the public.
I. In the
				formation of partnerships, professional associations or any other association
				for the practice of veterinary medicine, no person shall be held out as a
				practitioner of veterinary medicine or as a veterinary technician unless
				licensed to practice in this state. In selection and use of a from name, no
				false or misleading name shall be used.
J. The professional services of a
				veterinarian shall not be controlled or exploited by any lay, personal or
				corporate agency which intervenes between the client and the veterinarian. A
				veterinarian's responsibilities and qualifications are individual. A
				veterinarian's responsibilities for medical judgments shall be directly to the
				client or authorized agent.
K. Each
				veterinarian shall display at the business location, in full view of the
				public, his original license certificate signed by the board along with the
				current year renewal license. If licensee is providing veterinary services in a
				relief capacity, the current year renewal license must be easily
				accessible.
L. 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 reasonably prudent
				members of the veterinary medical profession in good standing in the state of
				New Mexico.
M. A licensed
				veterinarian shall not use or display any unearned certificate, college degree,
				or title.
N. A licensed
				veterinarian shall not promote, aid, or abet any illegal or unethical act on
				the part of any veterinarian or in the practice of veterinary medicine by an
				unlicensed person except as permitted by the Veterinary Practice Act.
O. A licensed veterinarian in this state
				shall not issue a certificate of health for an animal unless aware by way of
				actual inspection and appropriate tests, that said animal meets the
				requirements for the issuance of such certificate.
P. A licensed veterinarian shall not
				guarantee a cure. A licensed veterinarian must avoid bold and confident
				assurances to clients especially where employment may depend upon such
				assurances.
Q. A licensed
				veterinarian shall treat all animals entrusted by clients in keeping with the
				professional standard of humane treatment and care.
R. A licensed veterinarian shall conduct the
				practice of veterinary medicine on the highest plane of honesty, integrity and
				fair dealing with clients in time and services rendered, and in the amount
				charged for service, facilities, appliances and drugs.
S. A licensed veterinarian shall not violate
				the confidential relationship with his client.
T. The reporting of cruelty or illegal action
				is not a violation of confidentiality.
U. A licensed veterinarian or veterinary
				technician shall not use or participate in the use of any form of
				representation, advertising or solicitation which contains false, deceptive or
				misleading statement(s) or claim(s). False, deceptive or misleading statements
				or claims are those which:
(1) advertise or
				represent that a service or product is free, or similar language, coupled with
				any required service or product for which a fee is charged;
(2) contains a prediction of future success
				or guarantee that satisfaction or cure will result from the performance of a
				professional service;
(3) refer to
				secret methods of treatment or special services;
(4) concern illegal transactions;
(5) imply that a licensed veterinarian is a
				specialist unless the veterinarian is a diplomate of an AVMA board certified
				specialty.
(6) imply that a
				licensed veterinarian is certified unless he is certified in a nationally
				recognized specialty whose certification process has been evaluated and
				approved by the board. The following complementary, alternative or integrative
				therapies may be considered, but are not limited to:
(a) acupuncture;
(b) acutherapy;
(c) acupressure;
(d) homeopathy;
(e) manual or manipulative therapy i.e,
				therapies based on techniques practiced in osteopathy, chiropractic medicine,
				or physical medicine and therapy;
(f) massage;
(g) naturopathy;
(h) physical rehabilitation;
(i) nutraceutical therapy;
(j) phytotherapy.
(7) are intended or are likely to create an
				inflated or unjustifed expectation;
(8) contains an expressed or implied material
				misrepresentation of the fact;
(9)
				fail to state any material fact necessary to make the statement or claim not
				misleading in the circumstances under which it is made;
(10) would result in the violation of any law
				or regulation or a contractual or other obligation of any person with whom the
				licensed veterinarian seeks to communicate;
(11) contain a representation or implication
				that is likely to cause an ordinary prudent layperson to misunderstand or be
				deceived, or fail to contain reasonable warnings or disclaimers necessary to
				make a representation or implication not deceptive;
(12) relate to professional fees other than:
(a) the fixed fee charged for a specific
				professional service provided that the description of such service would not be
				deceptive and that the statement indicates whether additional fees may be
				required in individual cases; or
(b) the range of fees for specifically
				described professional services provided there is reasonable disclosure of all
				relevant and variable considerations affecting the fees, so that the statement
				would not be misunderstood or be deceptive including without limitation, an
				indication whether additional fees may be incurred for related professional
				services which may be required in individual cases.