Okla. Admin. Code § 775:10-5-30

Current through Vol. 42, No. 3, October 15, 2024

Section 775:10-5-30 - Unprofessional conduct

The following acts and/or omissions shall be considered unprofessional conduct and shall constitute grounds for disciplinary action by the Board. They shall include, but not be limited to:

(1) failing to meet the minimum standards for veterinary clinics as set forth by Chapter 20 herein and for the practice of veterinary medicine as set forth by Chapter 25.

(2) engaging in conduct likely to deceive, defraud or harm the public or a demonstration of willful or careless disregard for the health, welfare or safety of a patient. For the purposes of this provision, acts of fraud herein shall include, but not be limited to:

(A) claiming to have performed or charging for an act or treatment that was, in fact, not performed or given;

(B) providing professional services to more than one party in any transaction where such parties have conflicting interests, without providing full, written disclosure of the dual representation and consent of the interested parties;

(C) claiming certification or recognition as a specialist which is untrue. Specialization shall be limited to those areas of specialization accepted by the American Veterinary Medical Association;

(D) practicing veterinary medicine under a false or assumed name or impersonating another practitioner;

(E) using a corporate or assumed name which is deceptive or misleading to the public;

(F) making a false, fraudulent or misleading statement of professional superiority in the practice of veterinary medicine;

(G) using any form of advertisement which is false, deceptive or misleading;

(H) performing surgery to conceal genetic or congenital defects, in any species, with the knowledge the surgery is performed to perpetrate a fraud;

(I) fraudulently issuing or using:

(i) certificate of veterinary inspection;

(ii) test chart;

(iii) vaccination report;

(iv) any other official report for the prevention of the dissemination of animal disease, the transportation of diseased animals or the sale of edible products of animal origin for human consumption;

(J) fraud or misrepresentation in applying for, procuring or renewing a veterinary license or certificate;

(K) the use of any false, fraudulent or deceptive statement in any document connected with the practice of veterinary medicine and surgery;

(3) practice under an expired, revoked or suspended Oklahoma veterinary license;

(4) promoting, aiding, abetting or allowing the practice of veterinary medicine by any unlicensed person, except as specifically authorized by the Veterinary Practice Act or rules of the Board. For the purposes of this provision, aiding the unlicensed practice of veterinary medicine shall also include, but shall not be limited to:

(A) allowing an unlicensed person to issue an animal health certificate with the veterinarian's signature affixed to the certificate, or to inoculate or treat animals unless the inoculation or treatment was performed under the direct supervision of the licensed veterinarian;

(B) allowing the issuance by any person in the employ of the veterinarian a certificate of veterinary inspection of an animal unless the veterinarian performs the inspection and appropriate tests as required.

(5) performing any aspect of veterinary medicine outside a valid veterinarian, client, and patient relationship, except as specifically authorized by rules of the Board;

(6) violating any state or federal statute, rule or regulation regarding the prescription, dispensation or administration of veterinary prescription drugs or controlled dangerous substances. For the purposes of this provision, such violations shall include, but shall not be limited to:

(A) prescribing, providing, obtaining, ordering, administering, dispensing, giving or delivering any veterinary prescription drug or controlled dangerous substance to or for an animal solely for training, show or racing purposes and not for a medically sound reason;

(B) failing to provide appropriate labels on veterinary prescription drugs or controlled dangerous substances;

(C) prescribing or dispensing, delivering, or ordering any veterinary prescription drug or controlled dangerous substance without first having established a veterinarian/client/patient relationship and determining that such prescription drug is therapeutically indicated for the health or well being of the animal;

(D) prescribing, providing, ordering, administering, possessing, dispensing, giving or delivering any veterinary prescription drugs or controlled dangerous substance under the following circumstances:

(i) when the drugs are not necessary or required for the medical care of animals; or

(ii) when the use or possession of the drugs would promote addiction thereto.

(E) prescribing, providing, obtaining, ordering, administering, dispensing, giving or delivering any controlled dangerous substance for the veterinarian's personal use.

(7) failing or refusing to cooperate in an investigation by the Board where no privilege for such exists. For the purposes of this provision, such failure to cooperate shall include, but shall not be limited to:

(A) failing or refusing to allow the Board or its investigator the ability to inspect a veterinary facility at reasonable hours, pursuant to an investigation by or on behalf of the Board and permitted by the Act or rules of the Board, or in accordance with other applicable State and/or Federal Statutes and regulations;

(B) failing or refusing to respond to reasonable inquiry from the Board or its investigator in the course of an investigation;

(8) failing to report to the proper authorities cruel or inhumane treatment to animals by any person, when the veterinarian has knowledge of the cruel or inhumane treatment;

(9) practicing any form of medicine on humans, except that a veterinarian may render first aid or emergency care, without expectation of compensation, in an emergency or disaster situation;

(10) any disciplinary action taken against the licensee by any other licensing jurisdiction, professional veterinary association, veterinary specialty board, or government or regulatory agency, where the basis for such disciplinary action would be a basis for action by the Board;

(11) failing to report to the Board within 30 days any disciplinary action taken against the licensee by any other licensing jurisdiction, professional veterinary association, veterinary specialty board, or government, municipal or regulatory agency, where the basis for such disciplinary action would be a basis for action by the Board;

(12) except as appropriate in the course of a valid veterinarian, patient, client relationship, allowing any unlicensed person, as defined by 59 O.S. 698.2 (13) to control the professional judgment of the veterinarian;

(13) failing to post or display, in a public area of the veterinarian's practice, the veterinarian's original license to practice veterinary medicine and current years renewal certificate;

(14) failing to practice veterinary medicine with reasonable skill and safety. For the purpose of this provision, reasonable skill and safety shall refer to a level of care, skill and diligence in treating patients as is ordinarily used in the same or similar circumstances by average members of the profession in good standing in the community;

(15) commission of any act of sexual abuse, misconduct or exploitation related to the licensee's practice of veterinary medicine and surgery;

(16) improper preparation, recording, management and/or maintenance of veterinary records.

(17) no person, as defined by O.S., Sec. 698.2 (19) shall control, exploit, or intervene between the patient, client and the veterinarian. A veterinarian shall not allow a non-licensed person or entity to interfere with or intervene in the veterinarian's practice of veterinary medicine. Each veterinarian shall be responsible for the veterinarian's own actions and shall be directly responsible to the client for the care and treatment of the patient.

(18) failure to confirm an individual is duly registered as a veterinary technician with the Board prior to allowing that person to perform specific RVT services without direct supervision directly to a patient in the State of Oklahoma.

(19) making a referral for animal massage therapy without first confirming an animal massage provider is certified and has liability insurance coverage.

(20) cruelty of any animal.

Okla. Admin. Code § 775:10-5-30

Added at 17 Ok Reg 1422, eff 5-11-00; Amended at 20 Ok Reg 1822, eff 7-1-03; Amended at 22 Ok Reg 987, eff 5-12-05; Amended at 23 Ok Reg 2024, eff 7-1-06

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022