Or. Admin. Code § 875-030-0045 - Unprofessional or Dishonorable Conduct
The Board interprets "unprofessional or dishonorable conduct" to include, but is not limited to the following:
(1) Gross negligence in the performance of
duties as a Certified Veterinary Technician (CVT).
(2) A pattern, practice or continuous course
of negligence, ignorance, incompetence or inefficiency in practice as a CVT.
The incidents may be dissimilar.
(3) Diagnosing, prescribing, or performing
other activities that may be done only by a licensed veterinarian.
(4) Handling animals in an inhumane manner or
with unnecessary force.
(5) Theft
or diversion of legend or controlled drugs.
(6) Failure to respond or appear as
requested, without good cause, within the time required by the Board.
(7) Failure to comply with any rule or order
of the Board or as required by OAR
875-005-0010.
(8) Altering or falsifying medical
records.
(9) Making a
misrepresentation or omission on a license renewal application.
(10) Violations of veterinary laws in other
states that would constitute violations of Oregon law.
(11) Violations of other laws that relate to
the practice of veterinary medicine.
(12) Failure without good cause to notify the
Board within 30 days if contact information changes.
(13) Providing false, misleading or deceptive
information to the Board.
(14)
Failure to report unprofessional or prohibited conduct as described in ORS
676.150.
(15) "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.
(16)
"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.
(17) 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 in no
event later than 10 working days after the reporting licensee learns of the
conduct.
(18) 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.
(19) 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.
(20) A licensee
who fails to report prohibited or unprofessional conduct as required by
subsection (2) of this section or the licensee's conviction or arrest as
required by subsection (3) of this section is subject to discipline by the
Board.
(21) A licensee who fails to
report prohibited conduct as required by subsection (2) of this section commits
a Class A violation.
(22)
Notwithstanding any other provision of law, a report under subsection (2) or
(3) of this section is confidential under ORS
676.175. A board may disclose a
report as provided in ORS
676.177.
(23) Except as part of an application for a
license or for renewal of a license and except as provided in subsection (3) of
this section, the Board may not require a licensee to report the licensee's
criminal conduct.
(24) 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.
(25) A licensee who reports to the Board in
good faith as required by subsection (2) of this section is immune from civil
liability for making the report.
(26) 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 subsection (2) or (3) of this
section.
Notes
Statutory/Other Authority: ORS 686.210, ORS 686.350 - 686.370, OR 686-120 - 686.130, ORS 686.260 & ORS 686.130
Statutes/Other Implemented: ORS 686.210 & ORS 686.130
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