Iowa Code r. 811-10.6 - Grounds for discipline and principles of veterinary medical ethics
The provisions of Iowa Code sections 272C.10 and 169.13 are incorporated by reference. The board has established grounds for discipline and principles of ethics for veterinary medicine. Without regard as to whether the board has determined that an injury has occurred, the board may impose any of the disciplinary sanctions set forth in rule 811-10.7 (17A,169,272C), including civil penalties in an amount not to exceed $1,000, when the board determines that the credential holder is guilty of any of the following acts or offenses:
(1)
Grounds
applicable to all credential holders.
a. Fraud in procuring a credential, which
includes but is not limited to an intentional perversion of the truth in making
application for a credential to practice any of the professions or activities
regulated by the board in this state and includes false representations of a
material fact, whether by word or by conduct, by false or misleading
allegations, or by concealment of that which should have been disclosed when
making application for a credential in this state, or attempting to file or
filing with the board or the Iowa department of agriculture and land
stewardship any false or forged diploma, certificate, affidavit,
identification, or qualification in making an application for a credential in
this state.
b. Professional
incompetency of a credential holder may be established by:
(1) A substantial lack of knowledge or
ability to discharge professional obligations within the scope of the
credential holder's practice.
(2) A
substantial deviation by the credential holder from the standards of learning
or skill ordinarily possessed and applied by other credential holders acting in
the same or similar circumstances.
(3) A willful or repeated departure from or
the failure to conform to the minimal standards of acceptable and prevailing
practice of credential holders.
(4)
Knowingly making misleading, deceptive, untrue or fraudulent representations in
the practice of the profession or engaging in unethical conduct or practice
harmful or detrimental to the public.
1.
Knowingly making misleading, deceptive, untrue or fraudulent representations in
the practice of the profession includes, but is not limited to, an intentional
perversion of the truth, either orally or in writing, and includes any
representation contrary to legal or equitable duty, trust or confidence and is
deemed by the board to be contrary to good conscience, prejudicial to the
public welfare or may operate to the injury of another.
2. Practice harmful or detrimental to the
public includes, but is not limited to, the failure of a credential holder to
possess and exercise that degree of skill, learning and care expected of a
reasonable, prudent credential holder acting in the same or similar
circumstances, including for a veterinarian a violation of the standards of
practice as set out in 811-Chapter 12, or when a credential holder is unable to
practice with reasonable skill and safety on a client's animals as a result of
a mental or physical impairment or chemical abuse.
c. Habitual intoxication or
addiction to the use of drugs means the same as Iowa Code section
169.13(1)
"h." The board may mandate a credential holder's
completion of a treatment program as a condition of probation or suspension and
will consider the credential holder's willingness to complete a treatment
program when determining the appropriate degree of disciplinary
sanction.
d. Conviction of a felony
or misdemeanor, which includes, but is not limited to, the conviction of a
public offense in the practice of the credential holder's profession and is
defined or classified as a felony under state or federal law, or violation of a
statute or law designated as a felony in this state, another state, or the
United States, which statute or law directly relates to the credential holder's
profession or ability to practice within the profession.
e. Fraud in representations as to skill or
ability, which includes but is not limited to a credential holder's having made
misleading, deceptive or untrue representations as to the credential holder's
competency to perform professional services for which the credential holder is
not qualified to perform by training or experience.
f. Use of untruthful or improbable statements
in advertisements, which includes but is not limited to an action by a
credential holder in making information or intention known to the public which
is false, deceptive, misleading or promoted through fraud or misrepresentation
and includes statements which may consist of, but not be limited to:
(1) Inflated or unjustified expectations of
favorable results;
(2)
Self-laudatory claims that imply that the credential holder engaged in a field
or specialty of practice for which the credential holder is not qualified. A
veterinarian is not qualified to claim or imply specialization unless the
veterinarian is a member in good standing of the respective specialty board or
college recognized by the AVMA;
(3)
Representations that are likely to cause the average person to misunderstand;
or
(4) Extravagant claims or claims
of extraordinary skills not recognized by the credential holder's
profession.
g. Willful
or repeated violations of the provisions of Iowa Code chapters 169 and 272C and
rules promulgated thereunder by the board.
h. Failure to report a license, certificate,
permit, or other credential revocation, suspension or other disciplinary action
taken by a licensing or regulating authority of another state, territory or
country within 30 days of the final action by such licensing or regulating
authority. A stay by an appellate court cannot negate this requirement;
however, if such disciplinary action is overturned or reversed by a court of
last resort, such report is expunged from the records of the board.
i. Failure of a credential holder or an
applicant for a credential in this state to report, within 30 days, any
settlement agreement or voluntary agreement to limit the practice of veterinary
medicine or other applicable activities entered into in another state,
district, territory or country or those included in Iowa Code section 272C.9 or
169.13.
j. Knowingly submitting a
false report of continuing education or failure to submit the triennial report
of continuing education.
k. Failure
to comply with a subpoena issued by the board.
l. Willful or gross negligence.
m. Obtaining any fee by fraud or
misrepresentation.
n. Violating any
of the grounds for the revocation or suspension of a credential as listed in
Iowa Code section 169.13 or these rules.
o. A violation of Iowa Code section
169.13(1)
"d"; having the person's certificate, license,
permit, or other credential revoked or suspended by the United States
Department of Agriculture (USDA); or having the veterinarian's USDA
accreditation revoked, suspended or other disciplinary action taken against the
accreditation.
p. Failing to comply
with a lawful child support order as provided in 811-Chapter 13.
q. Failing to pay any hearing fees and costs
within the time specified in the board's decision.
r. Failure to satisfy the continuing
education requirements of rule 811-8.10 (169,272C).
The board cannot suspend or revoke a license issued by the board to a person who is in circumstances outlined by Iowa Code section 272C.4(10).
(2)
Grounds applicable to licensed veterinarians only. In addition
to the grounds set out in subrule 10.6(1), without regard as to whether the
board has determined that injury has occurred, a licensed veterinarian is
subject to disciplinary action for the violation of any of the following:
a. Engaging in unethical conduct which
includes, but is not limited to, a violation of the standards of practice as
set out in 811-Chapter 12, and which may include acts or offenses in violation
of Iowa's principles of veterinary medical ethics, as adopted in subrule
10.6(3).
b. Engaging in practice
harmful or detrimental to the public which includes, but is not limited to,
either of the following:
(1) The use of a
rubber stamp to affix a signature to a prescription. A licensee who is unable,
due to a physical disability, to make a written signature or mark may
substitute in lieu of a signature a rubber stamp which is adopted by the
disabled person for all purposes requiring a signature and which is affixed by
the disabled person or affixed by another person upon the request of the
disabled person and in the licensee's presence.
(2) The practice of maintaining any presigned
prescription which is intended to be completed and issued at a later
time.
c. Iowa Code
section 169.13(1)
"g."
d. Indiscriminately or promiscuously
prescribing, administering or dispensing any drug; or prescribing,
administering or dispensing any drug for other than a lawful purpose.
e. Permitting or directing any veterinary
auxiliary personnel or any other person who does not hold the proper
credentials to perform veterinary duties involving diagnosis, prescription or
surgery, except as allowed pursuant to subrule 8.7(4).
f. Permitting or directing any veterinary
auxiliary personnel or any other person to perform any act that would be a
legal or ethical violation if committed by a veterinarian.
g. Negligently failing to exercise due care
in the delegation of veterinary services to or in supervision of veterinary
auxiliary personnel, whether or not injury results.
(3)
Principles of veterinary medical
ethics. All Iowa-licensed veterinarians are expected to adhere to
these principles of veterinary medical ethics listed below and adopted by the
board.
a.
General ethics
principles.
(1) A veterinarian may
only be influenced by the welfare of the patient, the needs of the client, the
safety of the public, and the need to uphold the public trust vested in the
veterinary profession and shall avoid conflicts of interest or the appearance
thereof.
(2) A veterinarian shall
provide competent veterinary medical care under the terms of a
veterinarian-client-patient relationship (VCPR), with compassion and respect
for animal welfare and human health.
(3) A veterinarian shall uphold the standards
of professionalism, be honest in all professional interactions, and report
veterinarians who are deficient in character or competence to the appropriate
entities.
(4) A veterinarian shall
not willfully violate the provisions of Iowa Code chapters 169 and 272C and
rules promulgated thereunder by the board, or other law of this state, another
state, or the United States, which relates to the practice of veterinary
medicine.
(5) A veterinarian shall
respect the rights of clients, colleagues, and other health professionals and
safeguard medical information within the confines of the law.
(6) A veterinarian shall continue to study,
apply, and advance scientific knowledge; maintain a commitment to veterinary
medical education; make relevant information available to clients, colleagues,
and the public; and obtain consultation or referral when indicated.
(7) A veterinarian shall, in the provision of
appropriate patient care, be free to choose whom to serve, with whom to
associate, and the environment in which to provide veterinary medical
care.
(8) A veterinarian shall not
advertise a specialty or claim to be a specialist when not a diplomate of a
veterinary specialty organization recognized by the AVMA.
b.
Veterinarian-client-patient
relationship ethics. A veterinarian shall not engage in the practice
of veterinary medicine without a valid VCPR as defined in these
rules.
c.
Veterinarian-client communication; documentation of informed
consent.
(1) A veterinarian shall
explain to clients how any diagnostic tests offered would help diagnose a
patient's medical condition.
(2) A
veterinarian is responsible for professional communication directly with the
client regarding diagnosis, options for treatment(s), expected cost of
treatment(s), expected outcome of treatment(s), and the potential risks
associated with each treatment regimen, as well as the client's ability to
decline treatment(s). Client consent for the treatment(s) shall be documented
in the patient's medical records. Veterinary auxiliary personnel may
communicate the information listed in this subparagraph to the client under the
supervision of an Iowa-licensed veterinarian.
(3) If a veterinarian does not have the
expertise or the necessary equipment and facilities to adequately diagnose or
treat a patient, the veterinarian shall offer a referral to another
veterinarian where the diagnosis or treatment can be performed.
d.
Veterinary medical
records.
(1) Complete, accurate and
legible medical records that are considered to meet the prevailing standard of
the practice of veterinary medicine are set by the board.
(2) Any controlled substances administered to
a patient must be written into the patient's medical record, which shall
include the drug name, the date the drug was administered, the amount of drug
administered, the frequency of drug administration, and the prescribing (and
administering, if different) veterinarian's name, pursuant to rules
811-12.2 (169) to 811-12.4 (169). This requirement is in addition to regulations
and requirements promulgated by the Iowa board of pharmacy, U.S. Drug
Enforcement Administration, and any other applicable governmental agency.
Violating or failing to comply with a state or federal law or regulation
relating to the storing, labeling, prescribing, or dispensing of controlled
substances is unethical.
(3) Humane
euthanasia of animals is an ethical veterinary procedure. A veterinarian can
refuse to perform euthanasia.
e.
Client and patient privacy
rights.
(1) A veterinarian shall
protect and respect the privacy rights of clients, colleagues, and other health
professionals. A veterinarian shall not reveal confidential medical records or
other medical information unless authorized to do so by law.
(2) It is unethical to place photographs or
information regarding a patient, a client, or a client's premises on social
media or other public platforms without the consent of the owner, unless the
patient, client, or client's premises cannot be identified by its marking and
unless all personally identifying information has been removed from the
photograph. Use of photographs and information for didactic purposes is
permitted with client consent or after removal of any information that would
identify the client or patient.
f.
Professional behavior.
(1) A veterinarian shall be honest in all
professional interactions while respecting the rights of clients, colleagues,
and other health professionals. A veterinarian must be honest and fair in
relations with others, and a veterinarian shall not engage in fraud,
misrepresentation, or deceit, including by material omission, in accordance
with Iowa Code section 169.13(1)
"a."
(2) A veterinarian must not defame or injure
the professional standing or reputation of another veterinarian in a false or
misleading manner. Any complaints about behavior of a veterinarian that may
violate the principles of veterinary medical ethics should be addressed through
the board in an appropriate and timely manner.
(3) A veterinarian who is impaired due to
substance abuse or mental health or physical conditions as set forth in Iowa
Code section 169.13(1)
"h" must not act in the capacity of a
veterinarian and shall seek medical treatment from qualified organizations or
individuals.
(4)
Recommended practices for veterinarians.
a. A veterinarian is encouraged to
participate in activities contributing to the improvement of the community and
the betterment of public health. The responsibilities of the veterinary
profession extend beyond individual patients and clients to society in
general.
b. A veterinarian is
encouraged to participate in the political process to seek changes to laws and
regulations that are contrary to the best interests of the patient, the client
and public health.
c. A
veterinarian is encouraged to make the veterinarian's knowledge available to
the community and to provide the veterinarian's services for activities that
protect public health.
d. A
veterinarian is encouraged to view, evaluate, and treat all individual persons
in any professional activity or circumstance in which the veterinarian may be
involved solely as individuals on the basis of the person's personal abilities,
qualifications and character.
Notes
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