24 Del. Admin. Code § 3300-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3300-3.0 - Unprofessional Conduct for Veterinarians

(24 Del.C. § 3313(a)(1))

3.1 Unprofessional conduct in the practice of veterinary medicine shall include, but not be limited to, the following;

3.1.1 Allowing support personnel to perform the acts forbidden under subsection 1.2 or allowing licensed veterinary technicians to perform the acts forbidden under subsection 1.3 of the Rules and Regulations, subject to Section 2.0.

3.1.2 Allowing support personnel to perform tasks in subsection 1.5 of the Rules and Regulations without the specified supervision or allowing veterinary technicians to perform the tasks in subsection 1.6 without the specified supervision.

3.1.3 Failing to be accessible to support or veterinary technician personnel by electronic means in a reasonable timeframe to provide off-site supervision for activities requiring indirect supervision as required by subsection 1.4 of the Rules and Regulations.

3.1.4 Failing to arrange for supervision by another licensed veterinarian when not able to provide supervision as required by subsection 1.4 of the Rules and Regulations.

3.1.5 Representation of conflicting interests except by express consent of all concerned. A licensee represents conflicting interests if while employed by a buyer to inspect an animal for soundness he or she accepts a fee from the seller. Acceptance of a fee from both the buyer and the seller is prima facie evidence of fraud.

3.1.6 Use by a veterinarian of any certificate, college degree, license, or title to which he or she is not entitled.

3.1.7 Intentionally performing or prescribing treatment, which the veterinarian knows to be unnecessary, for financial gain.

3.1.8 Placement of 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.

3.1.9 Destruction of any part of a patient's records before a minimum of three (3) years have elapsed from the last entry in the medical record shall be considered unprofessional conduct. Records are to include, but are not limited to, information such as written or electronic documentation, rabies records, radiographs, ultrasounds, laboratory, and histopathological results.

3.1.10 Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. § 1325.

3.1.10.1 Animal housing (such as cages, shelters, pens and runs) should be designed with maintaining the animal in a state of relative thermal neutrality, avoiding unnecessary physical restraint, and providing sanitary conditions and convenient access to appropriate food and water. If animals are group housed, they should be maintained in compatible groups without overcrowding.

3.1.10.2 Housing should be kept in good repair to prevent injury to the animal.

3.1.10.3 Precautions should be taken to prevent the spread of communicable diseases in housing animals.

3.1.11 Improper labeling of prescription drugs. The package or label must contain the following information, either typed or in legible handwriting:

3.1.11.1 Name and address of the prescribing veterinarian;

3.1.11.2 Patient's first name and owner's last name;

3.1.11.3 Name, strength and quantity of the drug, and date dispensed;

3.1.11.4 Specific usage directions, describing the exact method by which the drug must be administered. A prescription without specific directions, or a prescription bearing the notation "as directed" without specific directions, may not be prepared or dispensed.

3.1.12 Failure to make childproof packaging available for prescription drugs upon the request of a client.

3.1.13 Misrepresenting continuing education hours to the Board.

3.1.14 Failure to obey a disciplinary order of the Board.

3.1.15 Prescribing medication without examining the animal(s) within a period of one year.

3.1.16 Advertising an emergency hospital or clinic or emergency services without including in the advertisement the hours during which such emergency services are provided and the availability of the veterinarian who is to provide the emergency services, or failing to provide such services during the hours advertised. The availability of the veterinarian who is to provide emergency service shall be specified as either "veterinarian on premises" or "veterinarian on call." 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 services and has been designated to so respond.

3.1.17 Failure to disclose common side effects upon request. Upon request of the client, directed to the veterinarian, the veterinarian shall disclose the common side effects of medications prescribed by the veterinarian. Such disclosure may be made verbally or in written or electronic format.

24 Del. Admin. Code § 3300-3.0

5 DE Reg. 1897 (4/1/02)
5 DE Reg. 1962 (5/1/02)
6 DE Reg. 273 (9/1/02)
6 DE Reg. 950 (2/1/03)
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
12 DE Reg. 1357 (04/01/10)
15 DE Reg. 1362 (03/01/12)
20 DE Reg. 562 (1/1/2017) (Final)