Current through September 21, 2024
(a) The practice of veterinary medicine and
surgery shall be provided 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 licensee. For a licensee to properly exercise the
rights granted by the license, a veterinarian-client-patient relationship shall
exist.
(b) A
veterinarian-client-patient relationship shall be characterized by:
(i) The licensee assuming the responsibility
for making medical judgments regarding the health of the animal and the need
for medical treatment;
(ii) The
client has agreed to follow the instructions of the licensee;
(iii) The licensee having sufficient
knowledge of the animal to initiate at least a general or preliminary diagnosis
of its medical condition. This means that the licensee has recently seen and is
personally acquainted with the keeping and care of the animal as a result of an
examination or by medically appropriate visits to the location where the animal
is kept; and
(iv) Reasonably
available follow-up care in case of adverse reactions or failure of the regimen
of therapy.
(c) The
provision of pharmaceutical services is governed by the following:
(i) No prescription drug shall be prescribed,
dispensed or administered without establishing a documented valid
veterinarian-client-patient relationship.
(ii) A licensee is responsible for assuring
that a prescription drug or biologic prescribed for use is properly
administered, or providing instructions to clients on the proper administration
of drugs when the licensee does not directly supervise the
administration.
(iii) Drugs and
biologics shall be stored according to the packaging and storage requirements
set forth in the most recent edition of the United States
Pharmacopeia.
(d) Record
keeping shall be as follows:
(i) A licensee
performing treatment or surgery on an animal, whether in the licensee's custody
at a veterinary facility or remaining on the client's premises, shall prepare a
legibly written or computerized record concerning the animal setting forth the
following information:
(A) Name, address, and
telephone number of owner;
(B)
Identity of the animal, including age, sex, and breed;
(C) Dates of examination, treatment, and
surgery;
(D) Brief history of the
condition of each animal, herd, or flock;
(E) Examination findings;
(F) Laboratory and radiographic
reports;
(G) Clinical
impression;
(H) Medication and
treatment utilized, including amount and frequency.
(I) Any information received as the result of
a consultation, including the date, name and contact information of the
consultant; and
(J) Any
authorizations, details of conversations, releases, waivers, patient discharge
instructions or other related documents.
(ii) The licensee shall maintain individual
records on each animal, except that records on food, fiber, milk animals,
birds, and horses may be maintained on an individual client basis.
(iii) Medical records and radiographs are the
physical property of the hospital or the licensee that prepared them. Records
and radiographs shall be maintained for a minimum of three (3) years after the
last visit.
(iv) Medical records
and radiographs or an accurate copy thereof, shall be released to the client,
designated Veterinarian, or duly authorized representative within two (2) weeks
of a written request, or sooner in accordance with the patient's medical
condition. A reasonable charge for copying or preparation of records may be
made, except in the case of a Board investigation, in which case no charges are
authorized.
(v) A film or digital
radiograph shall be permanently identified. It shall be released on the written
request of another veterinarian who has the written authorization of the client
to whom it pertains. The film radiograph shall be returned within a reasonable
time to the practice that originally prepared the radiograph.
(vi) Contents of medical records and
radiographs shall be kept confidential and may not be furnished to or discussed
with any person other than the client or other veterinarians involved in the
care or treatment of the patient, except upon authorization of the.
(A) A patient's veterinary medical records
and information about the medical condition may be furnished without client
authorization under the following circumstances:
(I) Access to the records is specifically
required by law;
(II) In response
to a court order, or subpoena and notice to the client or the client's legal
representative;
(III) For
statistical and scientific research, if the information is redacted in a way as
to protect the identity of the patient and client;
(IV) As part of an inspection or
investigation conducted by the Board or an agent of the Board;
(V) As part of a formal verbal or written
request from a regulatory, or public health authority;
(VI) To verify a rabies vaccination of an
animal for the protection of the individual animal, human or public heath
welfare;
(VII) As part of an animal
cruelty report or an abuse investigation by a law enforcement or duly appointed
animal welfare or governmental agency;
(VIII) As part of a criminal investigation by
a law enforcement agency; or
(IX)
When the client cannot be reached to obtain authorization to release the
records to another veterinarian in a medical emergency.
(B) A licensee shall not, with fraudulent
intent, create a false record, make a false statement, alter or modify any
medical record, document, or report concerning treatment of a patient. When
correcting a medical record, the original contents should be readable, and the
alteration must be clearly identified with the reason, date and author's
name.
(e)
Emergency service shall be provided as follows:
(i) The staffing for an emergency veterinary
facility shall include a licensee on the premises at all times during the
posted hours of operation.
(ii)
Advertisements for emergency veterinary facilities shall clearly state:
(A) The hours the facility will provide
emergency service;
(B) That a
licensed veterinarian is on the premises during the posted emergency hours;
and
(C) The address and telephone
number of the facility.
(iii) "Veterinarian on call" means a licensee
is not present at a veterinary facility, but is able to respond within a
reasonable time to requests for emergency veterinary services. The facility's
services shall not be considered or advertised as an emergency clinic or
hospital.
(iv) If continuing care
of the patient is required following emergency service, the client shall be
provided with a legible copy of the medical record to be transferred to the
next attending veterinarian or a copy must be transmitted directly to the
attending veterinarian. The information included in the medical record shall
consist of at least the following:
(A)
Findings of physical examination;
(B) Dosages and time of administration of
medications;
(C) Copies of
diagnostic data or procedures;
(D)
All radiographs, for which the facility shall obtain a signed release when
transferred;
(E) Surgical
summary;
(F) Tentative diagnosis
and prognosis; and
(G) Follow-up
instructions or recommendations.
(v) An emergency facility shall have the
equipment necessary to perform standard emergency medical procedures and shall
have the capability to render timely and adequate diagnostic radiologic
services, laboratory services, and diagnostic cardiac monitoring on the
premises.
(f) "Mobile
veterinary practice" is a clinical veterinary practice that may be transported
or moved from one location to another for delivery of veterinary medical care.
(i) Mobile veterinary practice may include:
(A) Providing medical or surgical care in a
mobile vehicle modified and comparably equipped to function as a fixed
veterinary practice facility;
(B) A
mobile extension of a fixed location general veterinary practice located within
the same practice area but physically removed from the practice premises.
Depending on the types of animals being treated, an outcall care provides
vaccinations, physical examinations, treatments, diagnostic screenings, and
surgery.
(C) Any transportation
used to transport licensee and equipment to provide veterinary care.
(ii) In all types of mobile
veterinary practice, patient care shall be consistent with prevailing standards
of practice and a veterinarian-client-patient relationship shall
exist.
(iii) In all types of mobile
veterinary practice, the licensee shall make provisions for follow-up care,
emergency care, surgery, and radiology if not available to the mobile unit.
Clients shall be informed in writing of these provisions.
(iv) Mobile veterinary practice vehicles
shall be maintained in a clean and sanitary condition. Vehicles shall contain
equipment necessary to perform physical examinations, surgical procedures, and
medical treatments consistent with the type of care being rendered and the
prevailing standards of practice for those services.
(v) The Board or its agent may inspect mobile
veterinary vehicles for compliance with these rules.
(g) For the purposes of this section, a
"locum veterinarian" or "relief veterinarian" is a licensed veterinarian who
temporarily fills the position of a veterinary clinic's permanent staff member
for any reason.
(i) Locum or relief
veterinarians shall meet the same ethical standards as a veterinary clinic's
permanent staff members.
(ii) Locum
or relief veterinarians shall be responsible for providing care within the
context of veterinary-client-patient relationships established by a veterinary
clinic's permanent staff members.
(iii) Locum or relief veterinarians shall be
responsible for any practice of veterinary medicine by a veterinary clinic's
unlicensed employees.