Discipline And Citations

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_875/875_011.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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VETERINARY MEDICAL EXAMINING BOARD

 

DIVISION 11
DISCIPLINE AND CITATIONS

875-011-0005
Gross Ignorance, Incompetence, or Inefficiency in the Profession
Under ORS 686.130(14), any veterinarian may have his or her license revoked or suspended by the Board for gross ignorance, incompetence, or inefficiency in the profession, among other causes. "Gross ignorance, incompetence, or inefficiency" in the profession within the meaning of this provision shall be defined to include:
(1) Failure to comply with current standards on isolation of patients with serious infectious, contagious diseases.
(2) Keeping animals with known serious infectious, contagious diseases in the same area with animals who do not have serious infectious, contagious diseases when current standards require isolation.
Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.130

Hist.: VMEB 1-2006, f. & cert. ef. 2-8-06
875-011-0010
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
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) Performing surgery, taking
a radiograph or attempting a treatment without first obtaining the client's permission,
except in emergency circumstances. Permission may be reasonably implied under some
circumstances.
(4) Failure without good
cause to perform 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, except when the veterinarian reasonably believes it to be
necessary, handling animals with great force.
(11) Charging for services
not rendered.
(12) Failure to maintain
records which show, at a minimum, the name of the client, identification of the
patient, its condition upon presentation, the tentative diagnosis, treatment performed,
drug administered, amount of drug, any prescription, and the date of treatment.
For companion animals, identification of the patient should include species, breed,
name, age, sex, color, and distinctive markings, where practical.
(13) Failure to provide to
a client in a timely manner, upon request, an accurate copy or synopsis of the patient's
medical records including a copy of radiographs, if requested. A reasonable copying
fee may be charged.
(14) Failure to provide records
or radiographs in a timely manner to another veterinarian retained by the client,
upon request of the client or client's veterinarian.
(15) Failure to mark or label
a container of prescription or legend drugs with the date, name of drug, dosage
frequency, identification of animal (if appropriate), and withdrawal time (if appropriate).
Excludes legend drugs dispensed or ordered in original, unopened manufacturer's
packaging for herd use.
(16) Failure to comply with
federal law concerning packaging and labeling of prescription or legend drugs.
(17) 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.
(18) Non-veterinary prescribing,
use, theft or diversion of legend or controlled drugs.
(19) Failure to respond in
writing to a written request from the Board within the time indicated in the request
letter, without good cause; or failure to appear in person before the Board upon
written request, without good cause.
(20) Failure to comply with
any rule or Order of the Board or as required by OAR 875-005-0010.
(21) Making false or misleading
representations to the Board or its representative or altering or providing altered
medical records.
(22) Making a misrepresentation
or omission on a license renewal application.
(23) Violations of veterinary
laws in other states that would constitute violations of Oregon law.
(24) Violations of other
laws that relate to the practice of veterinary medicine, including violations of
the Oregon Racing Commission statutes and administrative rules.
(25) Failure to meet minimum
facility standards as defined in OAR 875-015-0020 or 875-015-0030 following inspection
and findings of noncompliance.
(26) Failure to post valid
facility registration in a place conspicuous to the public.
(27) Failure without good
cause to notify the Board within 10 days of any change in facility ownership.
(28) Failure without good
cause to notify the Board within 15 days of any change in Managing Veterinarian.
An interim Managing Veterinarian may be designated.
(29) Practicing veterinary
medicine in a facility without a valid registration.
(30) Failure to report uncorrected
noncompliant facility conditions if registered as a Managing Veterinarian.
(31) Providing false, misleading
or deceptive information to the Board or its designated inspector as part of a facility
inspection or investigation.
(32) A Managing Veterinarian
shall not be held liable for noncompliant facility conditions demonstrably beyond
the control of the Managing Veterinarian.
Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.130

Hist.: VMEB 1-2006, f. &
cert. ef. 2-8-06; VMEB 3-2008, f. & cert. ef. 3-19-08; VMEB 8-2008, f. &
cert. ef. 7-22-08; VMEB 2-2009, f. & cert. ef. 10-15-09; VMEB 1-2015, f. &
cert. ef. 11-13-15
875-011-0012
Citation and Fine
If an investigation or inspection reveals
noncompliance with any requirements of OARs 875-005-0010, 875-010-0020, 875-010-0050,
875-015-005, 875-015-00 or 875-015-002030 that do not relate to risk of harm to
animals or the public, the Board may propose a non-disciplinary citation and fine
not to exceed $100 for each noncompliant instance.
Stat. Auth.: ORS 686.210

Stats. Implemented: ORS 686.130

Hist.: VMEB 1-2015, f. &
cert. ef. 11-13-15

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