The Oregon Administrative Rules contain OARs filed through April 15, 2017







Gross Ignorance, Incompetence, or Inefficiency in the Profession

Under ORS 686.130(14), any veterinarian may have his or her license revoked or suspended by the Board for gross ignorance, incompetence, or inefficiency in the profession, among other causes. "Gross ignorance, incompetence, or inefficiency" in the profession within the meaning of this provision shall be defined to include:

(1) Failure to comply with current standards on isolation of patients with serious infectious, contagious diseases.

(2) Keeping animals with known serious infectious, contagious diseases in the same area with animals who do not have serious infectious, contagious diseases when current standards require isolation.

Stat. Auth.: ORS 686.210
Stats. Implemented: ORS 686.130
Hist.: VMEB 1-2006, f. & cert. ef. 2-8-06


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 practice of veterinary medicine.

(2) A pattern, practice or continuous course of negligence, ignorance, incompetence or inefficiency in the practice of veterinary medicine. The incidents may be dissimilar.

(3) Performing surgery, taking a radiograph or attempting a treatment without first obtaining the client's permission, except in emergency circumstances. Permission may be reasonably implied under some circumstances.

(4) Failure without good cause to perform a specific surgery or treatment in a timely manner, after agreeing to perform the surgery or treatment.

(5) Failure to properly prepare an animal for surgery or treatment.

(6) Failure to use sterile instruments and equipment when performing surgery, when the circumstances require the use of sterile instruments and equipment.

(7) Failure to use generally accepted diagnostic procedures and treatments, without good cause.

(8) Failure to obtain the client's written permission before using unorthodox or non-standard methods of diagnosis or treatment. Acupuncture, chiropractic or herbal medicine is not considered unorthodox or non-standard.

(9) Failure to advise a client of home care or follow-up treatment required after a particular diagnosis or treatment.

(10) Handling animals in an inhumane manner or, except when the veterinarian reasonably believes it to be necessary, handling animals with great force.

(11) Charging for services not rendered.

(12) Failure to maintain records which show, at a minimum, the name of the client, identification of the patient, its condition upon presentation, the tentative diagnosis, treatment performed, drug administered, amount of drug, any prescription, and the date of treatment. For companion animals, identification of the patient should include species, breed, name, age, sex, color, and distinctive markings, where practical.

(13) Failure to provide to a client in a timely manner, upon request, an accurate copy or synopsis of the patient's medical records including a copy of radiographs, if requested. A reasonable copying fee may be charged.

(14) Failure to provide records or radiographs in a timely manner to another veterinarian retained by the client, upon request of the client or client's veterinarian.

(15) Failure to mark or label a container of prescription or legend drugs with the date, name of drug, dosage frequency, identification of animal (if appropriate), and withdrawal time (if appropriate). Excludes legend drugs dispensed or ordered in original, unopened manufacturer's packaging for herd use.

(16) Failure to comply with federal law concerning packaging and labeling of prescription or legend drugs.

(17) Violation of any state or federal law relating to controlled substances, as defined in ORS 475.005(6), which the veterinarian obtained under the authority of the veterinary license.

(18) Non-veterinary prescribing, use, theft or diversion of legend or controlled drugs.

(19) Failure to respond in writing to a written request from the Board within the time indicated in the request letter, without good cause; or failure to appear in person before the Board upon written request, without good cause.

(20) Failure to comply with any rule or Order of the Board or as required by OAR 875-005-0010.

(21) Making false or misleading representations to the Board or its representative or altering or providing altered medical records.

(22) Making a misrepresentation or omission on a license renewal application.

(23) Violations of veterinary laws in other states that would constitute violations of Oregon law.

(24) Violations of other laws that relate to the practice of veterinary medicine, including violations of the Oregon Racing Commission statutes and administrative rules.

(25) Failure to meet minimum facility standards as defined in OAR 875-015-0020 or 875-015-0030 following inspection and findings of noncompliance.

(26) Failure to post valid facility registration in a place conspicuous to the public.

(27) Failure without good cause to notify the Board within 10 days of any change in facility ownership.

(28) Failure without good cause to notify the Board within 15 days of any change in Managing Veterinarian. An interim Managing Veterinarian may be designated.

(29) Practicing veterinary medicine in a facility without a valid registration.

(30) Failure to report uncorrected noncompliant facility conditions if registered as a Managing Veterinarian.

(31) Providing false, misleading or deceptive information to the Board or its designated inspector as part of a facility inspection or investigation.

(32) A Managing Veterinarian shall not be held liable for noncompliant facility conditions demonstrably beyond the control of the Managing Veterinarian.

Stat. Auth.: ORS 686.210
Stats. Implemented: ORS 686.130
Hist.: VMEB 1-2006, f. & cert. ef. 2-8-06; VMEB 3-2008, f. & cert. ef. 3-19-08; VMEB 8-2008, f. & cert. ef. 7-22-08; VMEB 2-2009, f. & cert. ef. 10-15-09; VMEB 1-2015, f. & cert. ef. 11-13-15


Citation and Fine

If an investigation or inspection reveals noncompliance with any requirements of OARs 875-005-0010, 875-010-0020, 875-010-0050, 875-015-005, 875-015-00 or 875-015-002030 that do not relate to risk of harm to animals or the public, the Board may propose a non-disciplinary citation and fine not to exceed $100 for each noncompliant instance.

Stat. Auth.: ORS 686.210
Stats. Implemented: ORS 686.130
Hist.: VMEB 1-2015, f. & cert. ef. 11-13-15

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use