Unprofessional conduct as referenced in subdivision 5 of § 54.1-3807 of the Code of Virginia shall include the following:
1. Representing conflicting interests except by express consent of all concerned given after a full disclosure of the facts. Acceptance of a fee from both the buyer and the seller is prima facie evidence of a conflict of interest.
2. Practicing veterinary medicine or equine dentistry where an unlicensed person has the authority to control the professional judgment of the licensed veterinarian or the equine dental technician.
3. Issuing a certificate of health unless he shall know of his own knowledge by actual inspection and appropriate tests of the animals that the animals meet the requirements for the issuance of such certificate on the day issued.
4. Revealing confidences gained in the course of providing veterinary services to a client, unless required by law or necessary to protect the health, safety, or welfare of other persons or animals.
5. Advertising in a manner that is false, deceptive, or misleading or that makes subjective claims of superiority.
6. Violating any state law, federal law, or board regulation pertaining to the practice of veterinary medicine, veterinary technology or equine dentistry.
7. Practicing veterinary medicine or as an equine dental technician in such a manner as to endanger the health and welfare of his patients or the public, or being unable to practice veterinary medicine or as an equine dental technician with reasonable skill and safety.
8. Performing surgery on animals in an unregistered veterinary establishment or not in accordance with the establishment registration or with accepted standards of practice.
9. Refusing the board or its agent the right to inspect an establishment at reasonable hours.
10. Allowing unlicensed persons to perform acts restricted to the practice of veterinary medicine, veterinary technology, or an equine dental technician including any invasive procedure on a patient or delegation of tasks to persons who are not properly trained or authorized to perform such tasks.
11. Failing to provide immediate supervision to a licensed veterinary technician or an assistant in his employ.
12. Refusing to release a copy of a valid prescription upon request from an owner, unless there are medical reasons documented in the patient record and the veterinarian would not dispense the medication from his own practice.
13. Misrepresenting or falsifying information on an application or renewal form.
14. Failing to report suspected animal cruelty to the appropriate authorities.
15. Failing to release a copy of patient records when requested by the owner; a law-enforcement entity; or a federal, state, or local health regulatory agency.
16. Committing an act constituting fraud, deceit, or misrepresentation in dealing with the board or in the veterinarian-owner-patient relationship, or with the public.
17. Representing oneself as a “specialist” without meeting the definition set forth in 18 VAC 150-20-10 or using the words “specialist” or “specialty” in the name of a veterinary establishment unless there is a veterinarian on staff who meets the definition of a “specialist.”
18. Failure to submit evidence of correction resulting from a violation noted in an inspection or reported by another agency within 14 days, unless an extension is granted by the board.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 2.4, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 26, Issue 25, eff. September 15, 2010; Volume 29, Issue 6, eff. January 3, 2013; Volume 26, Issue 4, eff. November 25, 2009; Volume 26, Issue 25, eff. September 15, 2010; Volume 29, Issue 6, eff. January 3, 2013; Volume 32, Issue 22, eff. July 27, 2016; amended, Volume 34, Issue 1, eff. October 25, 2017.