Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Statutory/Other Authority: ORS
686.210, ORS
686.040,
686.020& 686.130
Statutes/Other Implemented: ORS
686.040,
686.020 &
686.130
