Or. Admin. Code § 875-011-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 875-011-0010 - Unprofessional or Dishonorable Conduct

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.

(b) "Unprofessional conduct" means conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the licensee's profession or conduct that endangers the health, safety or welfare of a patient or client.

(c) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee who has reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct shall report the conduct to the Board. The reporting licensee shall report the conduct without undue delay, but no later than 10 working days after the reporting licensee learns of the conduct.

(d) A licensee who is convicted of a misdemeanor or felony or who is arrested for a felony crime shall report the conviction or arrest to the Board within 10 days after the conviction or arrest.

(e) The Board may not require a licensee to report the licensee's criminal conduct except as part of an application for a license or for renewal of a license and except as provided in section (d) of this rule.

(f) The Board shall investigate in accordance with the Board's rules. If the Board has reasonable cause to believe that the licensee has engaged in prohibited conduct, the Board shall present the facts to an appropriate law enforcement agency without undue delay, but in no event later than 10 working days after the Board finds reasonable cause to believe that the licensee engaged in prohibited conduct.

(g) A licensee who fails to report prohibited or unprofessional conduct as required by section (c) of this rule or the licensee's conviction or arrest as required by section (d) of this rule is subject to discipline by the Board.

(h) A licensee who fails to report prohibited conduct as required by section (c) of this rule commits a Class A violation.

(i) Notwithstanding any other provision of law, a report under subsection (c) of this rule is confidential under ORS 676.175. A board may disclose a report as provided in ORS 676.177.

(j) The obligations imposed by this section are in addition to, and not in lieu of, other obligations to report unprofessional conduct as provided by statute.

(k) A licensee who reports to the Board in good faith as required by section (c) of this rule is immune from civil liability for making the report.

(l) The Board and the members, employees, and contractors of the Board are immune from civil liability for actions taken in good faith as a result of a report received under section (c) of this rule.

Or. Admin. Code § 875-011-0010

VMEB 1-2006, f. & cert. ef. 2-8-06; VMEB 3-2008, f. & cert. ef. 3-19-08; VMEB 8-2008, f. & cert. ef. 7-22-08; VMEB 2-2009, f. & cert. ef. 10-15-09; VMEB 1-2015, f. & cert. ef. 11-13-15; VMEB 9-2017, amend filed 11/07/2017, effective 11/8/2017; VMEB 15-2017, minor correction filed 12/11/2017, effective 12/11/2017; VMEB 5-2018, amend filed 05/01/2018, effective 5/1/2018; VMEB 2-2019, minor correction filed 08/13/2019, effective 8/13/2019; VMEB 5-2019, amend filed 10/28/2019, effective 10/28/2019; VMEB 2-2021, amend filed 04/30/2021, effective 5/1/2021

Statutory/Other Authority: ORS 686.210

Statutes/Other Implemented: ORS 686.130