W. Va. Code R. § 26-4-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 26-4-5 - Mandatory Standards for the Practice of Veterinary Medicine

5.1. All classifications of veterinary practice as referenced or defined by § 26-4-4 shall meet these mandatory standards.

5.1.a. A veterinarian shall deliver veterinary care in a competent and humane manner.

5.1.b. A veterinarian shall perform all aspects of veterinary medicine and surgery in a manner compatible with current veterinary medical practice.

5.1.c. Upon the formation of a veterinarian/client/patient relationship, in order for a veterinarian to exercise properly the rights granted by a veterinary license, the veterinarian shall:

5.1.c.1. Perform a physical examination of the animal. A group of animals of one species under single ownership may be considered as a single entity. A veterinarian/client/patient relationship is established for the whole group if a representative number of animals have been examined.

5.1.c.2. Discuss with the client a diagnostic assessment and treatment plan, including medications and follow up recommendations. This information shall be entered into the patient's medical record.

5.1.d. Licenses and permits issued by the Board shall be posted in a place conspicuous to the public at the establishment where veterinary services are being provided. Licensees who do relief or temporary work in an establishment shall carry a license with them or post it at the establishment. Ambulatory veterinary practices that do not have an office accessible to the public shall carry their licenses and permits in their vehicles.

5.1.e. The practice shall comply with federal, state, and local regulations in regards to the maintenance and disposal of all chemical and pharmaceutical agents.

5.1.f. A veterinarian who performs euthanasia shall do so in a competent and humane manner.

5.1.g. A veterinarian shall provide and maintain sanitary methods for the disposal of deceased animals in compliance with the local, state and federal health rules and regulations, and provide refrigeration exclusively for carcasses of companion animals that require storage for 12 hours or more.

5.1.h. A veterinarian shall dispose of medical waste including sharps in accordance with local, state and federal laws.

5.1.i. Equipment currently in use shall be maintained in working order within manufacturer guidelines.

5.1.j. Current veterinary journals and textbooks or immediate internet access to the information provided by current veterinary journals and textbooks need to be available for ready reference.

5.1.k. A veterinarian shall have a method of correctly weighing an animal.

5.2. Medical Records

5.2.a. A veterinarian shall maintain individual records at his or her place of business in such a way that any veterinarian shall be able to proceed with the continuity of care and treatment of that patient which records shall include, but not be limited to, identification of the patient, the patient's medical history, immunization records, diagnostic procedures performed, diagnosis, and treatment plan.

5.2.b. The practice owner shall keep and maintain current patient records on the business premises for a period of 3 years beyond the last patient visit and the records are the responsibility and property of the owner of the veterinary practice. If the practice is closing or being sold and the location of the practice moving, clients shall be notified a minimum of four weeks prior to a permanent practice closing or moving as to how they may acquire a copy of their animal's medical records. Records must be made available for client retrieval at convenient times and accessible locations for a period of no less than one month.

5.2.c. When appropriate, the words "herd", "flock", "litter", or other collective group terms may be used in place of the word "patient" in subdivision a and b of this subsection. Records maintained on these animals may be kept in a daily log or the billing records; provided that the information that is entered is adequate to substantiate the identification and treatment of these animals.

5.3. Pharmacology

5.3.a. A veterinarian shall not prescribe, dispense or administer any prescription drug without the establishment of a veterinarian/client/patient relationship.

5.3.b. The veterinarian shall be responsible for assuring that any drugs, biological agents, or other products prescribed for use in the veterinary practice are properly administered.

5.3.c. The veterinarian shall be responsible for maintaining accurate records in the patient's medical history which shall include the strength, dosage and quantity of all medications used or prescribed.

5.3.d. The veterinarian shall provide appropriate instruction to clients on the storage and administration of drugs.

5.3.e. The veterinarian shall maintain all drugs and biological agents in compliance with state and federal laws. No drugs shall be dispensed that are beyond the date of expiration.

5.3.f. Special handling requirements for drugs (eg. refrigeration or light sensitive) shall be included in your instructions. A veterinarian shall store all repackaged drugs dispensed for animals in approved safety closure containers. This provision does not apply to drugs dispensed to a person who requests that the medication not be placed in these containers, or to drugs in such form or size that they cannot be dispensed reasonably in these containers.

5.3.g. All drugs dispensed, including repacked drugs, shall be labeled with the following:

5.3.g.1. The name, address and telephone number of the practice;

5.3.g.2. The name of the prescribing veterinarian;

5.3.g.3. The date dispensed;

5.3.g.4. The client's name;

5.3.g.5. The patient's name;

5.3.g.6. The directions for use;

5.3.g.7. The name of the drug;

5.3.g.8. The strength of the drug if more than one dosage form exists;

5.3.g.9. The quantity or volume dispensed;

5.3.g.10. The number of refills, if any; and

5.3.g.11. The expiration date.

5.3.h. A veterinarian that has a Federal Drug Enforcement Administration (DEA) number and uses, dispenses, administers or prescribes controlled substances shall comply with the federal and state laws pertaining to the dispensing, prescribing, storage and usage of controlled substances; including maintaining a register, which shall indicate the following:

5.3.h.1. The name of the prescribing veterinarian;

5.3.h.2. The name of the medication dispensed or prescribed;

5.3.h.3. The quantity dispensed or prescribed;

5.3.h.4. The dosage of the medication, if applicable;

5.3.h.5. The number of refills;

5.3.h.6. The date of the dispensing or prescribing;

5.3.h.7. The patient name and name of the client record;

5.3.h.8. The expiration date;

5.3.h.9. The method used for prescribing, such as written script, phone, fax or any other electronic means; and

5.3.h.10. The name and phone number of the pharmacy or pharmaceutical agent which received the script from the veterinarian, if not delivered directly to the client.

5.3.i. Veterinarians shall honor a client's request for a prescription in lieu of dispensing.

5.3.j. Prescriptions may be refilled for up to one year or the maximum number of refills prescribed from the examination date at the prescribing veterinarian's discretion. After 1 year, the patient shall be re-examined before an additional prescription is validated.

5.4. Laboratory Services

5.4.a. Each practice shall maintain laboratory services using either an in-house and/or an outside laboratory in order to meet the current standards of care for the profession.

5.5. Radiological Services (if performed)

5.5.a. A veterinarian shall store and maintain radiographs (including dental images), whether in film or digital format for a minimum of 3 years.

5.5.b. All radiographs in any format shall have a permanent identification bearing the client's name, the patient's name, the date and either left or right markers.

5.5.c. Diagnostic x-ray equipment shall be kept in compliance with state and federal laws, rules and regulations.

5.5.d. Practices using x-ray equipment must have:

5.5.d.1. Lead aprons and gloves;

5.5.d.2. Thyroid shields and;

5.5.d.3. Personal radiation exposure badges and corresponding monitoring reports.

5.6. Surgical Services (if performed):

5.6.a. A veterinarian shall practice surgery in accordance with species specific standard of care.

5.6.b. The following surgical technique and attire is required for aseptic surgery;

5.6.b.1. The disinfection of the surgeon's hands using a disinfecting solution; and

5.6.b.2. A veterinarian shall wear clean clothing and sterile gloves should be changed between patients.

5.6.b.3. Clean water shall be accessible to the sites of the surgical procedure.

5.6.b.4. Emergency drugs for cardiac and pulmonary resuscitation readily accessible.

5.6.c. A veterinarian shall use an acceptable method of sterilization of all appropriate equipment sufficient to kill spores on all instruments, packs, and equipment intended for use in sterile surgical procedures. A steam pressure sterilizer or an appropriate method of sterilizing instruments shall be used.

5.6.d. The use of sterilization indicators, both internal and external, are required on all surgical packs. A sterilized date shall be marked on all sterilized items.

5.6.e. The veterinarian shall provide a method for the client to obtain emergency advice pertaining to surgical and post treatment problems after the animal is released to the owner or agent following the completion of the surgery or treatment;

5.7. Dental Services (if performed)

5.7.a. All dental procedures shall be carried out by a veterinarian, technician or veterinary assistant under the general supervision of a veterinarian.

5.7.b. Dental instruments shall be clean and/or sterilized as appropriate between patients.

5.8. Anesthesia/Ventilation Services (if performed)

5.8.a. A method of respiratory monitoring, such as observing chest movements, watching the rebreathing bag, or use of a respirometer. Some method of cardiac monitoring is required, and may include use of a stethoscope or electrocardiographic monitor.

5.8.b. A veterinarian shall provide every animal with a pre-surgical assessment within 12 hours prior to the administration of an anesthetic, and the results of this examination shall be noted in the patient's medical record.

5.8.c. A veterinarian or his or her assistant shall monitor every animal as long as the patient is under general anesthesia.

5.8.d. A veterinarian shall not release any patient from veterinary supervision to the owner or client until it is responsive and recovered from anesthesia. A veterinarian is not required to comply with the provisions of this subdivision if the client demands to take the animal home against the veterinarian's advice and judgment. In this case, the veterinarian shall request that the client sign a release form stating that the client has been advised to leave the animal; realizes the risks involved; and is taking the animal against the advice and judgment of the attending veterinarian.

W. Va. Code R. § 26-4-5