OAR 875-030-0045: Unprofessional or Dishonorable Conduct

The Board interprets "unprofessional or dishonorable conduct" to include, but is not limited to the following: (1) Gross negligence in the performance of duties as a Certified Veterinary Technician (CVT). (2) A pattern, practice or continuous course of negligence, ignorance, incompetence or inefficiency in practice as a CVT. The incidents may be dissimilar. (3) Diagnosing, prescribing, or performing other activities that may be done only by a licensed veterinarian. (4) Handling animals in an inhumane manner or with unnecessary force. (5) Theft or diversion of legend or controlled drugs. (6) Failure to respond or appear as requested, without good cause, within the time required by the Board. (7) Failure to comply with any rule or order of the Board or as required by OAR 875-005-0010. (8) Altering or falsifying medical records. (9) Making a misrepresentation or omission on a license renewal application. (10) Violations of veterinary laws in other states that would constitute violations of Oregon law. (11) Violations of other laws that relate to the practice of veterinary medicine. (12) Failure without good cause to notify the Board within 30 days if contact information changes. (13) Providing false, misleading or deceptive information to the Board. (14) Failure to report unprofessional or prohibited conduct as described in ORS 676.150. (15) “Prohibited conduct” means conduct by a licensee that: (a) Constitutes a criminal act against a patient or client; or (b) Constitutes a criminal act that creates a risk of harm to a patient or client. (16) “Unprofessional conduct” means conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the licensee’s profession or conduct that endangers the health, safety or welfare of a patient or client. (17) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee who has reasonable cause to believe that another licensee has engaged in prohibited or unprofessional conduct shall report the conduct to the Board. The reporting licensee shall report the conduct without undue delay, but in no event later than 10 working days after the reporting licensee learns of the conduct. (18) A licensee who is convicted of a misdemeanor or felony or who is arrested for a felony crime shall report the conviction or arrest to the Board within 10 days after the conviction or arrest. (19) The Board shall investigate in accordance with the Board’s rules. If the Board has reasonable cause to believe that the licensee has engaged in prohibited conduct, the Board shall present the facts to an appropriate law enforcement agency without undue delay, but in no event later than 10 working days after the Board finds reasonable cause to believe that the licensee engaged in prohibited conduct. (20) A licensee who fails to report prohibited or unprofessional conduct as required by subsection (2) of this section or the licensee’s conviction or arrest as required by subsection (3) of this section is subject to discipline by the Board. (21) A licensee who fails to report prohibited conduct as required by subsection (2) of this section commits a Class A violation. (22) Notwithstanding any other provision of law, a report under subsection (2) or (3) of this section is confidential under ORS 676.175. A board may disclose a report as provided in ORS 676.177. (23) Except as part of an application for a license or for renewal of a license and except as provided in subsection (3) of this section, the Board may not require a licensee to report the licensee’s criminal conduct. (24) The obligations imposed by this section are in addition to and not in lieu of other obligations to report unprofessional conduct as provided by statute. (25) A licensee who reports to the Board in good faith as required by subsection (2) of this section is immune from civil liability for making the report. (26) The Board and the members, employees and contractors of the Board are immune from civil liability for actions taken in good faith as a result of a report received under subsection (2) or (3) of this section.