201 KAR 16:010. Code of ethical conduct.
RELATES TO: KRS 321.351(1)(h)
STATUTORY AUTHORITY: KRS 321.235(3),
321.351(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
321.351 provides for the suspension or revocation of a certificate of license,
imposition of probationary conditions or an administrative fine, or the
issuance of a written reprimand for any violation of the code of ethical
conduct promulgated by the board. This administrative regulation sets forth certain
acts or inaction which shall constitute a code of ethical conduct for each
licensed practitioner.
Section 1. A veterinarian shall take
sufficient time and conduct the appropriate tests necessary to diagnose the
condition of the patient which he is treating.
Section 2. A veterinarian shall bill
accurately and truthfully for services rendered.
Section 3. A veterinarian shall maintain
adequate equipment to treat patients that he is called upon to treat in the
practice of veterinary medicine.
Section 4. A veterinarian shall maintain
his service premises and all equipment in a clean and sanitary condition.
Section 5. A veterinarian shall not issue
a certificate of health unless he has personal knowledge through actual
examination and appropriate testing of the animal that the animal meets the
requirements for the issuance of the certificate.
Section 6. A veterinarian shall not aid
or abet the unlawful practice of veterinary medicine.
Section 7. (1) A veterinarian shall not
sell, or offer for sale, prescription medicine or drugs at any place other
than:
(a) His office, clinic, or hospital; or
(b) Other place where he is treating
patients.
(2) The prescription drugs or medicines
sold, or offered for sale, shall be used in the treatment of the patient the
veterinarian is treating.
(3) A veterinarian may fill the
prescription of another licensed veterinarian who has established a bona fide
veterinarian-client-patient relationship in a case.
Section 8. A veterinarian shall not
engage in false, misleading, or deceptive advertising.
Section 9. A veterinarian shall not write
testimonials as to the virtue of drugs, medicines, remedies, or foods except to
report the results of properly controlled experiments or clinical studies to
interested veterinary organizations and associations.
Section 10. A veterinarian shall keep
adequate and sufficient records of the examination and treatment of all
patients for a period of five (5) years after the last examination of the
patient.
Section 11. A veterinarian shall not
represent to the public that he is a board certified specialist in any
specialty of veterinary medicine unless that veterinarian has:
(1) Been certified by a certifying board
approved by the Kentucky Board of Veterinary Examiners; and
(2) Furnished proof of certification to
the board.
Section 12. (1) A veterinarian shall not
overutilize his practice.
(2) A practice shall be deemed
overutilized if it is excessive in quality or amount relevant to the needs of
the patient.
(3) Whether a practice is overutilized
shall be determined by considering:
(a) The patient's history and subjective
symptoms;
(b) Objective findings;
(c) Reasonable clinical judgment; and
(d) Other information relevant to the
practice of veterinary medicine.
Section 13. A veterinarian shall promptly
notify the board of:
(1) Disciplinary action taken against
him; or
(2) The voluntary surrender of his
license to practice veterinary medicine in another jurisdiction; and
(3) the conviction, in any jurisdiction,
of a:
(a) Misdemeanor; or
(b) Felony.
Section 14. A veterinarian's practice
shall conform to the currently accepted standards in the profession of
veterinary medicine.
Section 15. A veterinarian shall not
engage in fraud, deceit, or misrepresentation in the:
(1) Procurement of a license to practice
veterinary medicine; or
(2) The practice of veterinary medicine.
Section 16. A veterinarian shall not
practice veterinary medicine:
(1) So as to endanger the health and
welfare of his patients or the public; or
(2) If his ability to practice with reasonable
skill and safety is adversely affected by reason of excessive use of:
(a) Alcohol;
(b) Drugs;
(c) Narcotics;
(d) Chemicals; or
(e) Other substances.
Section 17. A veterinarian shall conduct
professional activities in conformity with all federal, state, and municipal
laws, ordinances or regulations.
Section 18. A veterinarian shall comply
with a request by the board to appear before the board or to provide
information to the board.
Section 19. A veterinarian shall comply
with restrictions on his practice of veterinary medicine imposed by the board
with the licensee's consent or after notice and hearing.
Section 20. A veterinarian shall notify
the board of the suspension, revocation, or voluntary surrender of his Federal
Drug Enforcement Administration registration or his state controlled substances
license.
Section 21. (1) A veterinarian shall not
abuse or take advantage of the confidence reposed in him by his client.
(2) A veterinarian shall not enter into a
business transaction with a client in which the veterinarian and his client
have differing interests if the:
(a) Client reasonably expects the
veterinarian to exercise his professional judgment for the protection of the
client;
(b) Veterinarian has not fully disclosed
his interest; and
(c) Client has not consented after full
disclosure.
(3) Acceptance of a fee from both the
buyer and the seller in a transaction shall constitute prima facie evidence of
a conflict of interest.
(4) Acceptance of a fee from a buyer and
a seller in an inspection of an animal for soundness shall constitute a
conflict of interest.
Section 22. A veterinarian shall not
prescribe, dispense or administer controlled substances except in the course of
his professional practice and when a bona fide veterinarian-client-patient
relationship has been established.
Section 23. A veterinarian shall maintain
a confidential relationship with his clients, except as otherwise provided by
law, or required by considerations related to public health or animal health.
Section 24. A veterinarian shall not
verbally abuse or harass, nor physically threaten or assault a client, an
employee, a board member, or any agent of the board.
Section 25. A veterinarian shall not
physically abuse or engage in unnecessary rough handling of a patient under his
care.
Section 26. A veterinarian shall not
permit a veterinary technologist, technician, or assistant to diagnose,
prescribe medical treatment, or perform surgical procedures other than the
castrating and dehorning of food animals.
Section 27. A veterinarian shall not
refuse treatment of a patient on the basis of the client's race, color, sex,
religion, national origin, or disability.
Section 28. (1) If treatment is
initiated, it shall be completed unless terminated by the client.
(2) A veterinarian shall have the right
to refuse to:
(a) Admit as an inpatient to his hospital
or clinic an animal that is not currently vaccinated; or
(b) Render veterinary medical services
for an owner who physically or verbally abuses the veterinarian or his
employee.
Section 29. A veterinarian shall not
neglect a patient under his care.
Section 30. A veterinarian shall, where
possible, preserve the body of any patient which dies while in the
veterinarian's care while its owner is away, except as otherwise provided by
law.
Section 31. A veterinarian shall obtain
the consent of the owner before disposing of any patient which dies while in
the veterinarian's care, provided the consent is given within a reasonable
time. Any patient disposal shall be done according to all applicable health and
safety laws and regulations.
Section 32. A veterinarian shall obtain
the consent of the patient's owner or agent before administering general
anesthesia or performing any surgical procedure, unless circumstances
qualifying as an emergency do not permit obtaining the consent.
Section 33. A veterinarian shall post at
his facility and make available over the telephone his policy regarding the
hours, emergency coverage, and other similar provisions for the operation of
his facility.
Section 34. A veterinarian shall
ascertain, before hiring, whether a person who may be hired as a veterinarian
has a valid, current Kentucky license to practice veterinary medicine and shall
be responsible for ascertaining whether the license to practice veterinary
medicine of any veterinarian employee is current.
Section 35. (1) A veterinarian shall
attempt to obtain the consent of a patient's owner or agent in writing, if
feasible, before:
(a) Euthanizing a patient; or
(b) Transporting a patient to another
facility for veterinary medical care or any other reason.
(2) If it is not feasible to obtain
consent in writing, the veterinarian shall obtain oral consent from the
patient’s owner or agent and document the consent in the medical record. (VE-2; 1 Ky.R. 1014; eff. 6-11-75; Am. 6 Ky.R.
277; eff. 1-2-80; 12 Ky.R. 409; eff. 11-12-85; 19 Ky.R. 1826; 2236; eff.
3-12-93; 20 Ky.R. 832; 1578; eff. 12-6-93; 33 Ky.R. 3238; eff. 8-6-2007.)