Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.225 - BOARD OF VETERINARY MEDICINE
Subchapter 24.225.5 - Veterinarian Licensing
Rule 24.225.550 - UNPROFESSIONAL CONDUCT
Universal Citation: MT Admin Rules 24.225.550
Current through Register Vol. 6, March 22, 2024
(1) The board defines unprofessional conduct as follows:
(a) failing to provide care in a competent
and humane manner consistent with prevailing standards of practice for the
species of animal and the professed area of expertise of the veterinarian or
LVT. Licensees must meet the currently accepted standards of practice for the
profession of veterinary medicine as described under:
(i) Title 37, chapter 18, MCA;
(ii) ARM Title 24, chapter 225; and
(iii) as otherwise found to be accepted
within the profession as gauged by the reasonable conduct of other
professionals engaged in the practice of veterinary medicine;
(b) failure to respond to a
request from the board, including:
(i) not
furnishing any papers or documents in the possession of and under the control
of the licensee related to a complaint; or
(ii) not furnishing in writing a full and
complete explanation covering the matter contained in a complaint;
(c) practice beyond the scope of
practice encompassed by the license except when reasonably undertaken in an
emergency situation to protect life, health, or property;
(d) cruel or inhumane treatment of
animals;
(e) abandoning,
neglecting, or otherwise physically abusing a patient once the licensed
veterinarian has undertaken treatment of the patient;
(f) violation of professional ethical
standards by making public false or misleading negative information about
another veterinarian or LVT's professional standing or reputation;
(g) identifying oneself as a member of an
American Veterinary Medical Association (AVMA)-recognized specialty
organization or any other specialty veterinary association if such
certification has not been awarded and maintained, or using terms implying a
specialty in a false and misleading manner;
(h) failure to disclose records in accordance
with ARM 24.225.514;
(i) failure to report to the proper
authorities cruel or inhumane treatment to animals, if the licensee has direct
knowledge of the cruel or inhumane treatment;
(j) failure to refer if a client requests a
referral.
(2) In addition to the provisions outlined in (1), it is unprofessional conduct for a licensed veterinarian to:
(a) dispense or
prescribe a veterinary prescription drug or veterinary feed directive drug
without a valid VCPR;
(b) offer,
undertake, or agree to cure or treat disease or affliction by a secret method,
procedure, treatment, or the treating, operating, or prescribing for any health
condition by a method, means, or procedure that the licensee refuses to divulge
upon demand from the board;
(c)
fail to obtain the client's consent before placing an animal under anesthesia,
perform any surgical procedure, or transport the animal to another facility,
except in emergency situations;
(d)
fail to adequately supervise LVTs and support personnel.
(3) In addition to the provisions outlined in (1), it is unprofessional conduct for an LVT to:
(a) practice beyond the scope of practice
described in ARM
24.225.602, including the
following:
(i) failing to adequately follow
direction of a licensed supervising veterinarian;
(ii) undertaking procedures or performing
treatment that has not been authorized by the licensed supervising
veterinarian;
(iii) undertaking
procedures or perform treatment that the LVT is not trained for or competent to
perform;
(iv) dispensing a
veterinary prescription drug or veterinary feed directive drug without a valid
VCPR established by a licensed veterinarian; and
(v) failing to obtain the client's consent
before placing an animal under anesthesia, performing any procedure, or
transporting the animal to another facility, except in emergency
situations;
(b) offer,
undertake, or agree to cure or treat disease or affliction by a secret method,
procedure, treatment, or the treating, for any health condition by a method,
means, or procedure that the licensee refuses to divulge upon demand from the
board;
(c) supervise or direct
support personnel to perform veterinary medicine health care tasks which have
not been ordered by the licensed veterinarian.
(4) In addition to 37-18-804, MCA, it is unprofessional conduct for a veterinary dispensing technician to:
(a) dispense a product without consulting
with the prescribing veterinarian regarding questions and/or other needs for
clarification;
(b) alter
prescriptions or other records which the law requires; and
(c) dispense an outdated or damaged
product.
AUTH: 37-1-131, 37-1-136, 37-1-319, 37-18-202, MCA; IMP: 37-1-131, 37-1-136, 37-1-316, 37-1-319, 37-18-309, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.