D.C. Mun. Regs. r. 17-2813

Current through Register Vol. 71, No. 33, August 16, 2024
Rule 17-2813 - STANDARDS OF CONDUCT
2813.1

A veterinarian shall adhere to and uphold the Veterinarian's Oath and the Principles of Veterinary Medical Ethics as adopted by the American Veterinary Medical Association (AVMA).

2813.2

A veterinarian shall observe the Model Infection Control Plan for Veterinary Practices and the Compendium of Veterinary Standard Precautions for Zoonotic Disease Prevention in Veterinary Personnel as developed by the National Association of State Public Health Veterinarians (NASPHV) Veterinary Infection Control Committee (VICC).

2813.3

A veterinarian owning, managing, or acting as a veterinary medical director of a veterinary facility in the District shall comply with the relevant rules and requirements promulgated in accordance with D.C. Official Code § 47-2888.08.

2813.4

A veterinarian shall perform all professional practice in the District under the full name in which his or her license was issued. This shall mean displaying the full name in which his or her license was issued on all signage, stationary, and advertisements; and using this name in all oral and written communications with the public or clients.

2813.5

A veterinarian shall not accept or perform professional responsibilities which the veterinarian knows or has reason to know that he or she is not competent to perform.

2813.6

A veterinarian shall keep his or her knowledge of veterinary medicine and skills current while he or she is engaging in clinical practice of veterinary medicine.

2813.7

A veterinarian shall provide competent and timely delivery of veterinary care.

2813.8

A veterinarian shall not abandon or neglect a patient under and in need of immediate professional care, without making reasonable recommendations for the continuation of such care.

2813.9

A veterinarian shall inform the client of the proposed treatment, and any reasonable alternatives, in a manner that allows the client to become involved in treatment decisions.

2813.10

A veterinarian shall respect the client's right to treatment decision and treat the patient according to the client's desires within the bounds of accepted treatments.

2813.11

A veterinarian shall maintain a record for each patient which shall:

(a) Accurately reflect the evaluation and treatment of the patient and which may include, but is not limited to, the following:
(1) Patient's name and the date of treatment;
(2) Records of appropriate physical examination and findings;
(3) Treatment plan;
(4) Informed consent document(s);
(5) Clinical Findings, diagnosis and treatment rendered;
(6) List of drugs or vaccine(s) prescribed, administered, dispensed and the quantity;
(7) Radiographs;
(8) Patient financial/billing records;
(9) Name of veterinarian, veterinary technician and/or other auxiliaries providing service(s); and
(10) Laboratory test results; and
(b) Be kept for three (3) years after last seeing the patient.
2813.12

Upon request of a client or a representative of a client, a veterinarian shall make available to the client or the client's representative a copy of the patient's record in accordance with the following:

(a) A veterinarian shall provide a copy of the patient's record within thirty (30) days of the request; and
(b) A veterinarian may charge a reasonable fee for duplicating records and the fee may be required prior to providing the records in non-emergency situations, but a veterinarian shall not refuse to provide the records on the basis of the client owing payment for veterinary services.
2813.13

A veterinarian shall protect the confidentiality of patient records and maintain patient records in a manner consistent with the protection of the welfare of the patient and the client and all applicable District of Columbia and federal laws.

2813.14

A veterinarian shall promptly provide patient records and all necessary information to another veterinarian who has been given clear authorization or consent by a client to obtain patient records and information.

2813.15

A veterinarian shall make every effort to refrain from harming the patient.

2813.16

Once a veterinarian has undertaken a course of treatment to provide services to a patient, the veterinarian shall not discontinue that treatment without first giving the client adequate notice and the opportunity to obtain the services of another veterinarian and ensuring that the patient's health will not be jeopardized in the process.

2813.17

A veterinarian shall make reasonable arrangements for the emergency care of his or her patients of record.

2813.18

A veterinarian shall know his or her own limitations and shall, whenever it would be in the patient's best interest, seek consultation with a specialist or refer a patient to a specialist.

2813.19

A veterinarian shall conduct himself or herself in a professional manner.

2813.20

A veterinarian shall not willfully harass, abuse, or intimidate a patient or client either physically or verbally.

2813.21

When informing the client of the status of the patient's health, a veterinarian shall make comments that are truthful, informed and justifiable.

2813.22

A veterinarian shall not represent the care being rendered, or that is needed, to a client in a false or misleading manner.

2813.23

A veterinarian shall inform the client of the patient's present health status without making disparaging comments about prior service(s) or prior veterinarian(s).

2813.24

A veterinarian who sees a patient as a consulting specialist or is providing a second opinion shall, upon the completion of the consultation, treatment, or care:

(a) Return the patient, unless the client expressly reveals a different preference, to the referring veterinarian or, if none, to the veterinarian of record for future care; and
(b) Inform the client when there is a need for further veterinary medical care.
2813.25

A veterinarian who is called upon to render a second opinion regarding a diagnosis or treatment plan recommended by a patient's treating veterinarian shall not have a vested interest in that recommendation.

2813.26

A veterinarian shall, when consulted in an emergency about a patient with whom he does not have an established veterinary-patient-client relationship, make reasonable arrangements for its emergency care. If treatment is provided, the veterinarian, upon completion of treatment, shall return the patient to its regular veterinarian unless the client expressly reveals a different preference.

2813.27

A veterinarian shall prescribe and supervise the patient care provided by all auxiliary personnel working under his or her direction and shall retain full professional responsibility for all care provided by the supervised auxiliary.

2813.28

A veterinarian shall not practice veterinary medicine while abusing or using controlled substances, alcohol, or any other chemical agents, which impair the ability to practice.

2813.29

A veterinarian shall urge chemically impaired colleagues to seek treatment, if possible.

2813.30

A veterinarian with first-hand knowledge that a colleague is practicing veterinary medicine when impaired by controlled substances, alcohol, or any other chemical agents shall report such evidence to the Board or the AVMA.

2813.31

A veterinarian shall report to the Board known instances of gross or continual faulty treatment by other veterinarians.

2813.32

A veterinarian or auxiliary who contracts any disease, has a mental or physical impairment which affects his or her ability to safely practice, or becomes impaired in any way that might endanger patients or veterinary staff shall, with consultation and advice from a qualified physician or other authority, limit the activities of his or her practice to those areas that do not endanger patients or veterinary staff.

2813.33

A veterinarian who has been advised to limit the activities of his or her veterinary practice shall monitor the disease or impairment and make additional limitations to the activities of his or her veterinary practice as indicated.

2813.34

A veterinarian shall not engage in interpersonal relationships with clients that could impair his or her professional judgment or risk the possibility of exploiting the confidence placed in him or her by a client.

2813.35

A veterinarian shall make the results and benefits of his or her research and development investigative efforts available to all when such are useful in safeguarding or promoting the health of the public, except when federal or District law or regulation provides otherwise.

2813.36

A veterinarian shall not use patents or copyrights to restrict research or practice, except as permitted by federal or District law or regulation.

2813.37

A veterinarian shall become familiar with the signs of abuse and neglect and report suspected cases of animal abuse to the proper authorities consistent with District of Columbia laws.

2813.38

While a veterinarian, in serving the public, may exercise reasonable discretion in selecting patients for his or her practices, a veterinarian shall not refuse to accept patients into his or her practice or deny veterinary service to patients because of the client's race, creed, color, sex, national origin, or sexual preference.

2813.39

A veterinarian shall not refuse to provide treatment to an animal based solely on the fact that the animal's owner or authorized caregiver is infected with Human Immunodeficiency Virus, Hepatitis B Virus, Hepatitis C Virus, or another bloodborne pathogen.

2813.40

A veterinarian issuing a public statement with respect to the profession shall believe as well as have a reasonable basis to believe that the comments made are true.

2813.41

A veterinarian may provide expert testimony when that testimony is essential to a just and fair disposition of a judicial or administrative action.

2813.42

A veterinarian shall not agree to a fee contingent upon the favorable outcome of the litigation in exchange for testifying as a veterinary expert.

2813.43

A veterinarian shall not accept or tender rebates or split fees.

2813.44

A veterinarian shall not represent that veterinary treatment or diagnostic techniques recommended or performed by the veterinarian him/herself have the capacity to diagnose, cure or alleviate diseases, infections or other conditions, when such representations are not based upon accepted scientific knowledge or research.

2813.45

A veterinarian shall not represent the fees being charged for providing care in a false or misleading manner.

2813.46

A veterinarian may not charge additional fees if a client requests a written prescription where the prescription is determined to be necessary as part of the examination and diagnosis.

2813.47

A veterinarian may not conspire with any person or another veterinarian to charge the same or similar fees for services. This section does not apply to an agreement among veterinarians practicing together in the same veterinary facility or practice to charge the same fees for services provided within that facility or practice.

2813.48

A veterinarian shall not misrepresent treatment dates for the purpose of assisting a client in obtaining benefits under an insurance plan where such benefits would otherwise be disallowed.

2813.49

A veterinarian shall not recommend or perform unnecessary veterinary services or procedures.

2813.50

A veterinarian who presents educational or scientific information in an article, seminar or other program shall disclose to the readers or participants any monetary or other special interest the veterinarian may have with a company whose products are promoted or endorsed in the presentation. Disclosure shall be made in any promotional material and in the presentation itself.

2813.51

A veterinarian shall not induce a client to purchase products or undergo procedures by misrepresenting the product's value, the necessity of the procedure or the veterinarian's own professional expertise in recommending the product or procedure.

2813.52

A veterinarian shall not direct or in any manner permit an auxiliary under his or her employ to promote, market, or sell products or procedures to a client and thereby exploit the trust inherent in the veterinary-patient-client relationship for his or her own financial gain.

2813.53

In the case of a health-related product used or recommended by a veterinarian, it is not enough for the veterinarian to rely on the manufacturer's or distributor's representations about the product's safety and efficacy. The veterinarian shall inquire into the truth and accuracy of such claims and verify that they are founded on accepted scientific knowledge or research.

2813.54

A veterinarian shall disclose to his or her client all relevant information the client needs to make an informed purchase decision, including whether the product is available elsewhere and whether there are any financial incentives for the veterinarian to recommend the product that would not be evident to the client.

2813.55

A veterinarian shall not advertise or solicit patients or clients in any form of communication in a manner that is false or misleading in any material respect.

2813.56

A general veterinarian who wishes to market the services available in his or her practice may market the availability of those services but shall not express or imply specialization, except as provided in § 2816.2(j).

2813.57

A veterinarian shall not announce available services in any way that would be false or misleading in any material respect.

2813.58

Whenever an entire veterinary practice or office moves to a new location or ceases operation, the owner or responsible veterinarian shall, within thirty (30) days after the change or closing, notify the clients of the change of address or closing and how they may obtain copies of their complete veterinary files by any of the following means:

(a) U.S. Mail;
(b) Notices posted conspicuously on the door of the office that is closing for at least thirty (30) consecutive days;
(c) Recorded message on the office number activated for at least thirty (30) consecutive days;
(d) Electronic mail or posting at the practice's website; or
(e) A means best calculated to reach and notify the clients of the practice.

D.C. Mun. Regs. r. 17-2813

Final Rulemaking published at 35 DCR 2226, 2234 (March 25, 1988); amended by Final Rulemaking published at 68 DCR 7717 (8/6/2021)