§ 31.21. Rules of Professional Conduct for Veterinarians.

Preamble

 The Board is empowered under section 5(2) of the act (63 P. S. §  485.5(2)) to adopt rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skill and practice in the profession of veterinary medicine. In accordance with this authority, the Board has determined that the following rules are necessary in the public interest to protect the public against unprofessional conduct on the part of veterinarians. The Board therefore adopts this professional conduct code for veterinarians practicing veterinary medicine in this Commonwealth. Some of the rules of conduct are imperatives, cast in the terms, ‘‘shall’’ or ‘‘may not.’’ Veterinarians who fail to adhere to these rules will be subject to professional discipline. Other rules, generally cast in the terms ‘‘may’’ or ‘‘should,’’ are intended as aspirational goals and define areas under which the veterinarian has professional discretion. No disciplinary action will be taken when a veterinarian acts within the bounds of discretion. References throughout this professional conduct code to imperative conduct on the part of veterinarians also apply to applicants for licensure and temporary permit holders where these persons render services under qualified supervision.

   Principle 1. Competency.

 (a)  Veterinarians should strive continually to improve their veterinary knowledge and skill, making available to clients and their colleagues the benefit of their professional attainments.

 (b)  Veterinarians should seek, through consultation, the assistance of other veterinarians or other licensed professionals when it appears that the quality of veterinary service may be enhanced through consultation.

 (c)  Veterinarians shall participate in continuing education programs as provided under section 18 of the act (63 P. S. §  485.18).

 (d)  Veterinarians shall safeguard the public and the veterinary profession against veterinarians deficient in professional competence or ethical conduct as described in this chapter. When veterinarians know or have reason to believe that a professional colleague’s actions reflect professional incompetence, neglect or animal abuse, veterinarians having first hand knowledge of these activities should attempt to resolve the issue informally by bringing the behavior to the attention of the veterinarian. When a veterinarian cannot deal with the situation informally, the veterinarian should bring the matter to the attention of the Board by writing to the Complaints Office of the Bureau of Professional and Occupational Affairs, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.

   Principle 2. Professional responsibility.

 (a)  The principle objectives of the veterinary profession are to render service to society, to conserve livestock resources and to prevent and relieve suffering of animals. Veterinarians should conduct themselves in relation to the public, their colleagues and the allied professions so as to merit their full confidence and respect.

 (b)  Veterinarians have a moral and ethical responsibility to provide service when, because of accidents or other emergencies involving animals, it is necessary to save an animal’s life or to relieve its suffering. Veterinarians should join with colleagues in their locality to assure that emergency services for animals are available to the public consistent with the needs of the locality.

   Principle 3. Professional behavior.

 (a)  Veterinarians may not place their professional knowledge, attainments or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.

 (b)  Veterinarians may not perform or participate in a surgical procedure when they know that surgery has been requested with intent to deceive a third party.

 (c)  Veterinarians may not perform surgical procedures on a species for the purpose of concealing genetic defects in animals to be shown, raced, bred or sold. If the health or welfare of an animal requires correction of a genetic defect, the surgical procedures will be permitted. In these instances, the veterinarian should clearly note the reason for the surgery on the veterinary medical record of the animal.

 (d)  Veterinarians may not engage in merchandising.

   Principle 4. Fees.

 (a)  Financial arrangements for the rendering of veterinary services should be in accord with professional standards that safeguard the best interests of the client and the animal. Fees for professional services shall be clearly explained to the client in advance of billing.

 (b)  Veterinarians may not pay or receive commissions, rebates or other forms of remuneration for referral of clients for professional services, without informing the client of the arrangement.

 (c)  Veterinarians may not solicit or accept a commission, rebate or referral fee in connection with the referral of a client to purveyors of merchandise or services, including purveyors of dog food, cremation or burial services, caskets, urns, insurance, breeding stock and livestock supplies, unless the payments are fully disclosed to the client.

 (d)  Veterinarians may not participate in an action which would have the effect of coercing, pressuring or achieving agreement among veterinarians to conform to fixed fees or a fee schedule.

 (e)  Veterinarians may not solicit clients or announce fees and services in a manner that is misleading, fraudulent or deceptive.

   Principle 5. Advertising.

 (a)  Advertising by veterinarians is permissible when it does not include false, deceptive or misleading statements or claims. A false, deceptive or misleading statement or claim is one which does one or more of the following:

   (1)  Contains an unrealistic prediction of future success or a guarantee that satisfaction or a cure will result from the performance of professional services.

   (2)  Refers to secret drugs or secret methods of treatment for special services and which could be characterized as deceptive.

   (3)  States or implies that a veterinarian is a specialist, unless the veterinarian is a diplomate of an American Veterinary Medical Association—recognized specialty organization.

   (4)  Contains a material misrepresentation of fact.

   (5)  Contains a representation or implication that is likely to cause a reasonable person to misunderstand or be deceived, or fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive.

 (b)  Testimonials and endorsements by veterinarians pertaining to veterinary products or veterinary equipment are permissible if all of the following guidelines are met:

   (1)  If an endorsement represents that the endorser uses the endorsed product, the endorser shall be a bona fide user of the product.

   (2)  The endorser shall be able to adequately substantiate that the endorser’s experience with the product is representative of what consumers will generally achieve with the advertised product in actual conditions of use. Adequate substantiation implies publication of a report in a journal in which articles are open to peer review or in a publication recognized by reputation as a source of reliable scientific information.

   (3)  The endorser’s qualifications shall be consistent with the expertise that the endorser is represented as possessing with respect to the endorsement.

   (4)  The endorsement shall be supported by an actual exercise of the endorser’s expertise in evaluating product features or characteristics which shall include an examination or testing of the product as extensive as someone with the same degree of expertise would need to evaluate the product features or characteristics to support the conclusions presented.

 (c)  Advertising by veterinarians for emergency veterinary services shall provide information as to whether a veterinarian is on the premises, or on call, and shall specify the hours during which emergency services are available.

   (1)  For the purposes of this section, ‘‘on the premises’’ means that a veterinarian is physically present at the veterinary establishment and is immediately available to render emergency services. ‘‘On call’’ means that a veterinarian is available to return calls requesting emergency services within a reasonable time and is available to render emergency services within a reasonable time.

   (2)  Veterinarians shall disclose specific limitations (that is, exotics/avian/large animal/small animal) when advertising emergency services.

   Principle 6. Professional relationships.

 (a)  Veterinarians should seek for themselves and their profession the respect of their colleagues. Veterinarians may not belittle or injure the professional standing of another member of the profession or condemn the character of that person’s professional acts in a manner which is false or misleading.

 (b)  Veterinarians may seek, through consultation, the assistance of other licensed professionals, including chiropractors, dentists, dental hygienists and physical therapists, when it appears that chiropractic, dental, dental hygiene or physical therapy procedures will enhance the quality of veterinary care. Chiropractic, dental, dental hygiene and physical therapy procedures shall only be performed upon animals by chiropractors, dentists, dental hygienists and physical therapists in conjunction with the practice of veterinary medicine and under the direct supervision of a veterinarian, subject to a limitation provided by law or regulation.

 (c)  When a veterinarian is called into consultation by an attending veterinarian, the consultation should be conducted in a spirit of professional cooperation to assure the client’s confidence in and respect for veterinary medicine. Findings and discussions with the client shall be handled in a manner that avoids criticism of the attending veterinarian by the consultant.

 (d)  Veterinarians who act as consultants may not revisit the animal or communicate in person with the client without the knowledge of the attending veterinarian.

 (e)  In dealing with referrals, veterinarians acting as consultants may not take charge of a case or problem without the consent of the client and notification of the referring veterinarian.

   Principle 7. Veterinarian/client relationships.

 (a)  Veterinarians may choose whom they will serve. Once they have undertaken the care of an animal, however, they may not neglect the animal.

 (b)  In their relations with clients, veterinarians should consider first the welfare of the animal for the purpose of relieving suffering and disability while causing a minimum of pain or fright. Benefit to the animal should transcend personal advantage or monetary gain in decisions concerning therapy.

 (c)  Veterinarians and their staffs shall protect the personal privacy of clients, unless the veterinarians are required by law to reveal the confidences or it becomes necessary to reveal the confidences to protect the health and welfare of an individual, the animal or others whose health and welfare may be endangered.

 (d)  Veterinarians shall be fully responsible for their actions with respect to an animal from the time they accept the case until the animal is released from their care.

 (e)  In the choice of drugs, biologics or other treatments, veterinarians should use their professional judgment in the interests of the animal, based upon their knowledge of the condition, the probable effects of the treatment and the available scientific evidence which may affect these decisions.

 (f)  If a client desires to consult with another veterinarian about the same case, the first veterinarian shall readily withdraw from the case, indicating the circumstances on the veterinary medical record of the animal, and shall forward copies of the animal’s veterinary medical records to other veterinarians who request them.

 (g)  If a client requests referral to another veterinarian or veterinary hospital, the attending veterinarian shall honor the request and facilitate the necessary arrangements, which shall include forwarding copies of the veterinary medical records of the animal to the other veterinarian or veterinary hospital.

   Principle 8. Drugs.

 (a)(1) The term ‘‘drug’’ means:

     (i)   Substances recognized in the official United States Pharmacopoeia, official National Formulary, or Federal Food and Drug Administration Approved Animal Drug Products, or any supplement to them.

     (ii)   Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals.

     (iii)   Substances (other than food) intended to affect the structure or any function of the human body or other animal body.

     (iv)   Substances intended for use as a component of any substance specified in subparagraph (i), (ii) or (iii), but not including devices as that term is defined in section 2 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §  780-102).

   (2)  The term ‘‘prescription drug’’ means any drug required by Federal law, including Federal regulation, to be dispensed only by a prescription.

 (b)  A veterinarian shall only prescribe prescription drugs to animals that are under the veterinarian’s care. ‘‘Under the veterinarian’s care’’ means that the veterinarian or one of the veterinarian’s licensed associates has examined the animal or has made medically appropriate and timely visits to the premises where the animal is kept.

 (c)  Prescription drugs dispensed by a veterinarian, other than drugs for food animals, shall be dispensed in child resistant packaging or in the manufacturer’s original packaging, except when the client specifically requests other packaging.

 (d)  Prescription drugs dispensed by a veterinarian shall be labeled with, at a minimum, the following information:

   (1)  The name, address and telephone number of the prescribing veterinarian and the name and telephone number of the dispenser, if different.

   (2)  The brand or generic name of the drug.

   (3)  The potency and the quantity of the drug.

   (4)  The number of refills allowed, if any.

   (5)  Adequate directions for use, which shall include quantity of dose, frequency of administration or application, duration of administration or application, and route or method of administration or application.

   (6)  Any cautionary statement specified by the veterinarian or required by law.

   (7)  The name of the patient, if applicable.

   (8)  The date the drug was dispensed.

   (9)  The expiration date of the drug.

 (e)  Veterinarians shall dispense or administer only drugs, including prescription drugs, that are within the expiration date specified by the manufacturer, and shall dispense or administer only drugs that will not expire within the prescribed treatment period.

 (f)  Veterinarians shall maintain records related to drugs in accordance with §  31.22 (relating to recordkeeping rationale).

   The provisions of this §  31.21 amended under section 5(2) of the Veterinary Medicine Practice Act (63 P. S. §  485.5(2)).

   The provisions of this §  31.21 adopted February 1, 1965; amended January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1481; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5870; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2357; amended December 5, 2003, effective December 6, 2003, 33 Pa.B. 5920. Immediately preceding text appears at serial pages (286538) to (286539) and (266011) to (266013).

   This section cited in 49 Pa. Code §  31.38 (relating to code of ethics for certified veterinary technicians).