Oregon Administrative Rules › Chapter 875 - VETERINARY MEDICAL EXAMINING BOARD › Division 11 - DISCIPLINE AND CITATIONS › Section 875-011-0010 - Unprofessional or Dishonorable Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
The Board interprets "unprofessional or dishonorable conduct"
				to include, but is not limited to:
(1)
			 Gross negligence in the practice of veterinary medicine.
(2) A pattern, practice, or continuous course
			 of negligence, ignorance, incompetence, or inefficiency in the practice of
			 veterinary medicine. The incidents may be dissimilar.
(3) Failure to obtain and maintain documented
			 consent of the owner or owner's agent prior to performing diagnostics,
			 treatment, or surgery, except in emergency circumstances. Permission may be
			 reasonably implied under some circumstances.
(4) Failure to perform, without good cause, a
			 specific surgery or treatment in a timely manner after agreeing to perform the
			 surgery or treatment.
(5) Failure
			 to properly prepare an animal for surgery or treatment.
(6) Failure to use sterile instruments and
			 equipment when performing surgery, when the circumstances require the use of
			 sterile instruments and equipment.
(7) Failure to use generally accepted
			 diagnostic procedures and treatments without good cause.
(8) Failure to obtain the client's written
			 permission before using unorthodox or non-standard methods of diagnosis or
			 treatment. Acupuncture, chiropractic, or herbal medicine is not considered
			 unorthodox or non-standard.
(9)
			 Failure to advise a client of home care or follow-up treatment required after a
			 particular diagnosis or treatment.
(10) Handling animals in an inhumane manner
			 or with unnecessary force.
(11)
			 Charging for services not rendered.
(12) Altering or falsifying medical
			 records.
(13) Failure to maintain
			 records as required under OAR 875-015-0030(1).
(14) Failure to provide to a client, or
			 another veterinarian retained by the client, upon request by either, a copy of
			 the patient's medical record (including copies of imaging) within 3 business
			 days or immediately for emergencies. A reasonable copying fee, e.g., comparable
			 to local commercial copying rates, may be charged; however, copy requests may
			 not be denied for nonpayment of fees or outstanding bills.
(15) Failure to comply with the requirements
			 of OAR 875-015-0040.
(16) Violation
			 of any state or federal law relating to controlled substances, as defined in
			 ORS
			 475.005(6),
			 which the veterinarian obtained under the authority of the veterinary
			 license.
(17) Non-veterinary
			 prescribing, use, theft, or diversion of legend or controlled drugs.
(18) Failure to respond or appear as
			 requested, without good cause, within the time required by the Board.
(19) Failure to comply with any rule or Order
			 of the Board or as required by OAR 875-005-0010.
(20) Providing false, misleading, or
			 deceptive information to the Board.
(21) Making a misrepresentation or omission
			 on a license renewal application.
(22) Violations of veterinary laws in other
			 states that would constitute violations of Oregon law.
(23) Violations of other laws that relate to
			 the practice of veterinary medicine, including violations of the Oregon Racing
			 Commission statutes and administrative rules.
(24) Failure to meet minimum facility
			 standards as defined in OAR 875-015-0020  or OAR 875-015-0030  following
			 inspection and findings of noncompliance.
(25) Failure to post valid facility
			 registration in a place conspicuous to the public.
(26) Failure to notify the Board within 10
			 days, without good cause, of any change in facility ownership.
(27) Failure to notify the Board within 15
			 days, without good cause, of any change in Managing Veterinarian. An interim
			 Managing Veterinarian may be designated.
(28) Practicing veterinary medicine in a
			 facility without a valid registration unless subject to an exception in OAR
			 875-010-0031(1).
(29) Failure to
			 report uncorrected, noncompliant facility conditions if registered as a
			 Managing Veterinarian.
(30)
			 Providing false, misleading, or deceptive information to the Board or its
			 designated inspector as part of a facility inspection or
			 investigation.
(31) Failing to
			 perform the required duties of a managing veterinarian under OAR 875-010-0031.
			 A Managing Veterinarian shall not be held liable for noncompliant facility
			 conditions demonstrably beyond the control of the Managing
			 Veterinarian.
(32) Allowing an
			 unlicensed, uncertified, or non-registered individual to perform duties that
			 require a license, certification, or registration from the Board.
(33) Failure to report prohibited or
			 unprofessional conduct as described in ORS
			 676.150.
(a) "Prohibited conduct" means conduct by a
			 licensee that:
(A) Constitutes a criminal act
			 against a patient or client; or
(B)
			 Constitutes a criminal act that creates a risk of harm to a patient or
			 client.