The Board interprets "unprofessional or dishonorable conduct"
to include, but is not limited to:
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.
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.
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.
Charging for services not rendered.
(12) Altering or falsifying medical
Failure to maintain
records as required under OAR 875-015-0030
(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.
Failure to comply with the requirements
of OAR 875-015-0040
of any state or federal law relating to controlled substances, as defined in
which the veterinarian obtained under the authority of the 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.
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.
Failure to meet minimum facility
standards as defined in OAR 875-015-0020
or OAR 875-015-0030
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.
Practicing veterinary medicine in a
facility without a valid registration unless subject to an exception in OAR
(29) Failure to
report uncorrected, noncompliant facility conditions if registered as a
Providing false, misleading, or deceptive information to the Board or its
designated inspector as part of a facility inspection or
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
(32) Allowing an
unlicensed, uncertified, or non-registered individual to perform duties that
require a license, certification, or registration from the Board.
Failure to report prohibited or
unprofessional conduct as described in ORS
"Prohibited conduct" means conduct by a
(A) Constitutes a criminal act
against a patient or client; or
Constitutes a criminal act that creates a risk of harm to a patient or
"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
(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
(i) Notwithstanding any
other provision of law, a report under subsection (c) of this rule is
confidential under ORS
A board may disclose a report as provided in ORS
(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