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201 Kar 16:010. Code Of Ethical Conduct


Published: 2015

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      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.)