Or. Admin. Code § 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.
(34) Failure to comply with the requirements of OAR
875-010-0031(11) regarding facility closure and disposition of patient records.
Notes
Statutory/Other Authority: ORS 686.210
Statutes/Other Implemented: ORS 686.130
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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.
Notes
Statutory/Other Authority: ORS 686.210
Statutes/Other Implemented: ORS 686.130