Or. Admin. Code § 875-015-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 875-015-0005 - Responsibilities for Veterinary Medical Practices

(1) Each veterinarian who holds any interest in a veterinary medical practice, unless exempted by ORS 686.040, shall be jointly and severally professionally responsible for all aspects of all activities conducted at and conditions of each veterinary medical facility at which the veterinarian's practice is conducted, including all acts and omissions of all the vet's partners, joint venturers, fellow shareholders, employees, representatives, agents and contractors, unless the veterinarian can establish:

(a) In the case of a non-complying condition, that the condition was under the sole control of one or more other licensed partners, joint venturers, Managing Veterinarians or shareholders, and was not utilized by the first veterinarian directly, or indirectly by someone under the first veterinarians's supervision or direction; and

(b) In the case of a non-complying activity, that the act or omission was committed by one or more other licensed employees, contractors, partners, joint venturers, Managing Veterinarians or shareholders, and the first veterinarian exercised no supervision or direction over the act or omission of the other licensed employee, contractor, partner, joint venturer or shareholder, and the first veterinarian had no duty to supervise.

(2) A licensed veterinarian shall not be relieved of responsibility for his or her own acts and omissions because another person also has some responsibility.

(3) Each facility owner who has any interest in a veterinary medical practice shall provide to the Board, upon request, the following information:

(a) The name and address (or vehicle license number) of each veterinary medical facility in which they have any ownership interest or responsibility;

(b) The name and address of each person having any legal or equitable interest in each of the veterinary medical facilities, and the form and amount of each interest;

(c) The name and address of each person having any interest in the ownership, operation, management or control of the veterinary medical practice conducted in each veterinary medical facility and the form and amount of each interest;

(d) A description of the services provided at or from each veterinary medical facility;

(e) The names and titles of each licensed professional employed or retained as a contractor at each veterinary medical facility;

(f) The names of each shareholder and officer of each professional corporation having any interest in the veterinary medical practice; and

(g) Any other relevant information which the Board representative requests.

(6) The Board considers that:

(a) Any person who violates section (1) or (2) of this rule thereby violates ORS 686.020(1), unlicensed practice of veterinary medicine; and

(b) Any licensee who participates in the same veterinary medical practice thereby commits unprofessional or dishonorable conduct in violation of ORS 686.130(6), having a professional connection with an illegal practitioner.

Or. Admin. Code § 875-015-0005

VME 5-1992, f. & cert. ef. 12-10-92; VME 2-1996, f. & cert. ef. 11-6-96; VMEB 1-1998, f. & cert. ef. 7-1-98; VMEB 1-2015, f. & cert. ef. 11-13-15; VMEB 10-2017, amend filed 11/07/2017, effective 11/8/2017

Statutory/Other Authority: ORS 686.210, ORS 686.040, 686.020& 686.130

Statutes/Other Implemented: ORS 686.040, 686.020 & 686.130