Current through Register 1538, January 3, 2025
Section 5.06 - Practice Standards and Facilities(1)Veterinary Medical Director. All Veterinary Facilities, including but not limited to, Emergency Service Veterinary Facilities, and Mobile Clinics are required to appoint a Veterinary Medical Director, as defined in 256 CMR 2.01: Veterinary Medical Director.(a) In those facilities/practices which are owned by a licensed veterinarian(s) and which have failed to appoint a Medical Director, the licensed veterinarian owner(s) shall be deemed the Medical Director.(b) In those facilities/practices which are not owned by a licensed veterinarian, the owner(s) shall appoint a licensed veterinarian as the Veterinary Medical Director.(c) The Board reserves the right to prosecute those unlicensed facility/practice owners who fail to so designate a Veterinary Medical Director for unlicensed practice.(d) The Veterinary Medical Director shall: 1. ensure that the facility/practice is in compliance with the laws of the Commonwealth and the United States and 256 CMR;2. ensure that the staff of the facility cooperates with inspections or investigations conducted by the Board or its agents;3. upon the request of the Board or its agents provide immediate access to and, if requested, copies of medical and business records;4. be responsible for all protocols and policies established to manage the overall practice/facility;5. prior to hiring a veterinarian, and annually thereafter before March 1st, establish whether each veterinarian employed in the practice/facility has a current license to practice veterinary medicine in the Commonwealth;6. ensure that his or her staff exhibit professional appearance and behavior;7. where possible, preserve the body of any animal which dies while in the care of a licensee except as otherwise provided by law; and8. provide by oral, written or posted notice and by telephone information about office hours, emergency coverage, overnight and 24 hour attendance at the facility.(2)Minimum Requirements of All Locations Where Veterinary Medicine Is Practiced.(a) All locations where veterinary medicine is being practiced, and all instruments, apparatus and apparel used in connection with those practices, shall be kept clean, safe and sanitary at all times.(b) If animals are housed or retained for treatment, the following requirements shall be met:1. compartments for animals shall be maintained in a comfortable and sanitary manner;2. holding areas shall be safe, secure, escape-proof and of appropriate size for animals;3. effective separation of known or suspected contagious animals shall be maintained; and4. if there are to be no personnel on the premises during any time an animal is left at the veterinary location, prior notice of this fact shall be given to the client. For purposes of 256 CMR 5.06(2)(b)4., prior notice may be accomplished by posting a sign in a place and manner conspicuous to the clients at the entrance of the premises, stating that there may be times when there are no personnel on the premises.(c)Drugs and Medications.1. All practices shall provide for the proper storage and safekeeping of drugs and medications.2. Equipment shall include a refrigerator for those drugs requiring refrigeration.3. All practices shall maintain a safe and secure cabinet with a lock for storage of controlled substances and M.G.L. c. 94C.4. All practices must comply with all Federal Laws and Regulations governing controlled substances.5. All practices shall ensure that expired drugs or medications are separated for proper disposal and shall not be retained for any use.6. All dispensed medications shall be in child-resistant, moisture-proof containers unless otherwise requested by the client or the drug is in a form that precludes it from being dispensed in such a container.7. All drugs and medications dispensed in an original container shall retain the original label and shall have an additional label as required by 256 CMR 5.06(2)(c)9.8. Expired drugs or medications shall not be left on shelves, or retained for use or dispensing, and shall be disposed of properly.9. When dispensing medication, a licensee shall accurately type or print the following information on a label permanently affixed to the container: b. animal's or group name;d. usage directions including route of administration;g. facility's name, address and telephone number;h. the name of the licensee dispensing the drug;i. expiration date if appropriate;j. any appropriate warning labels; andk. the number of refills if any.(3)Minimum Requirements of Full Service Veterinary. The veterinary facility shall meet the standards in 256 CMR 5.06(3)(a) through (i). (a) The veterinary facility shall have the capacity to render diagnostic imaging services, either on the Facility or through other commercial facilities. Imaging procedures shall be conducted in accordance with Health and Safety Code standards.(b) Clinical pathology and histopathology diagnostic laboratory services shall be available within the veterinary facility or through outside services.(c) Sanitary methods for the disposal of deceased animals shall be provided and maintained.(d) Veterinary medical equipment used to perform aseptic procedures shall be sterilized and maintained in a sterile condition.(e) Current veterinary reference materials shall be readily available on the facility.(f) Anesthetic equipment in accordance with the procedures performed shall be maintained in proper working condition and available at all times.(g) The full service veterinary facility shall have equipment to deliver oxygen in emergency situations.(h) Appropriate drugs and equipment shall be readily available to respond to all reasonably anticipated emergency situations. (i) The full service veterinary facility shall have an examination room separate from other areas of the facility and of sufficient size to accommodate the doctor, assistant, patient and client.(4)Requirements of Emergency Service Veterinary Facility. (a) All standards applying to a full service facility shall apply to an emergency service facility.(b) Any veterinary facility that displays any sign, card, or device that indicates to the public that it is an emergency veterinary clinic or hospital shall comply with 256 CMR 5.06(4)(b) 1. and 2.: 1. Maintain a licensed veterinarian on the Facility at all times during the posted hours of operation.2. Its advertisements shall clearly state: a. A licensed veterinarian is on the facility during the posted emergency hours.b. The hours the facility will provide emergency services.c. The address and telephone number of the facility. (c) The phrase "veterinarian on call" shall mean that a veterinarian is not present at the hospital, but is able to respond within a reasonable time to requests for emergency veterinary services and has been designated by a daytime veterinary facility to do so after regular office hours. A veterinary facility which uses a veterinarian on call service shall not be considered to be or advertised as an Emergency Service Facility.(5)Requirements of Mobile Practice. A mobile practice shall have the ability and equipment to provide care at a level commensurate with the specific veterinary medical services it is providing.(6)Inspections. The Board or its designees may visit any veterinary facility without prior notice and inspect it, its staff, activities, and records to determine compliance with state law, M.G.L. c. 112, §§ 54 through 60 and 256 CMR. Such inspections shall only be conducted during reasonable times.Amended by Mass Register Issue 1339, eff. 5/19/2017.