West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-04 - Standards of Practice › Section 26-4-3 - General Professional Ethics

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. It is unprofessional and a violation of
				this rule for any veterinarian to represent conflicting interests, except by
				express consent of all persons concerned, given after a full disclosure of the
				facts. Within the meaning of this rule, a veterinarian represents conflicting
				interests if, when employed by a buyer to inspect an animal for soundness, he
				or she accepts a fee from the seller. Acceptance of a fee from both the buyer
				and seller is prima facie evidence of fraud.
3.2. A veterinarian may not make any effort,
				direct or indirect, which in any manner is calculated to influence the sound
				professional judgment of another veterinarian. It is the right of any
				veterinarian, without fear or favor, to give proper advice to those seeking
				relief against unprofessional or neglectful veterinary services.
3.3. A veterinarian shall expose without fear
				or favor before the proper tribunal of the Board any and all malpractice,
				incompetence, corrupt or dishonest conduct in the profession.
3.4. A veterinarian shall not render any
				service or advice contrary to the law. A veterinarian shall also advise clients
				to observe the law.
3.5. A
				veterinarian shall not render any service or advice directed toward the
				corruption of any person or persons exercising a public office or private
				trust, or participate in deception, or betrayal of the public.
3.6. Any veterinarian who uses a present or
				past position, or an office of trust, deliberately to create an individual
				professional advantage, or to coerce, or to deceive the public is in violation
				of this section.
3.7. A
				veterinarian whose accreditation has been disciplined by state or federal
				authority may be subject to disciplinary action by the Board upon proof of
				removal of accreditation by that authority.
3.8. A veterinarian shall decide what medical
				cases will be accepted in his or her professional capacity. In the event the
				veterinarian chooses not to provide services, the client shall be
				notified.
3.9. The professional
				services of a veterinarian shall not be controlled or exploited by any lay
				agency, personal or corporate, which intervenes between the client and the
				veterinarian. A veterinarian shall avoid all relationships which could result
				in interference or intervention in the veterinarian's practice by any person or
				entity. A veterinarian is responsible for his or her own actions and is
				directly responsible to the client and for the proper care and treatment of the
				patient. This is to include information on how clients may receive emergency
				care when the veterinarian is not available.
3.10. A veterinarian shall exercise the same
				degree of humane care, skill, and diligence in treating patients as is
				ordinarily used in the same or similar circumstances by reasonable members of
				the veterinary medical profession.
3.11. A veterinarian in this State shall not
				issue a certificate of health unless he or she knows through actual inspection
				and appropriate tests of the animals, that the animals meet the requirements
				for the issuance of the certificates.
3.12. It is professionally dishonest for a
				veterinarian to guarantee a cure. A veterinarian shall avoid bold and confident
				assurances to clients.
3.13. A
				veterinarian shall conduct his or her practice with honesty, integrity, and
				fair dealing to clients in time and services rendered.
3.14. A veterinarian shall not violate his or
				her confidential relationship with the clients.
3.15. A veterinarian may represent himself or
				herself as a specialist only if they have completed the process of Board
				certification in a recognized veterinary specialty area. To become Board
				certified, a veterinarian must have a credential review and examinations set by
				the given specialty area. The Board shall annually, before the first of
				January, provide a list of AVMA approved veterinary specialty organizations for
				the next calendar year.
3.16.
				Veterinary Medical Records are considered privileged and confidential.
				Disclosure of records is prohibited unless the client has provided written or
				documented verbal consent. A veterinarian shall provide a client medical
				records within 30 days of request. However, records may be released by court
				order, subpoena or compliance with local, state or federal law as deemed
				necessary to protect the animal or public health. Sharing of necessary medical
				information between veterinarians or facilities is allowed for treatment,
				Boarding and diagnosis without client consent. Reasonable cost for copying the
				medical record and or images may be charged.
3.17. A veterinarian may not initiate or
				knowingly participate in any form of advertising or solicitation that contains
				a false, deceptive or misleading statement or claim. In order to advertise 24
				hour emergency service, a practice must be a facility that provides that
				service.