RULES AND REGULATIONS
STATE BOARD OF VETERINARY MEDICINE
[49 PA. CODE CH. 31]
Professional Conduct
[28 Pa.B. 5870] The State Board of Veterinary Medicine (Board) adopts an amendment to § 31.21 (relating to rules of professional conduct for veterinarians) to read as set forth in Annex A.
The amendment revises Principle 7, ''Veterinarian Client Relationships,'' by deleting subsection (h), which requires veterinarians to give at least 30 days written notice to the owner of an animal of the veterinarians' intention to withdraw services. Subsection (h) was adopted in 1994. This deletion is in response to the complaints of numerous veterinarians that the requirement is burdensome and unnecessary.
The Board concluded that veterinarians' complaints had merit and proposed modifications to Principle 7(h). The proposed revision authorized veterinarians to withdraw services after giving adequate notice to allow the client to obtain the services of another veterinarian, or 48 hours after documented oral notice, whichever occurs first. Notice of proposed rulemaking was published at 26 Pa.B. 4765 (October 5, 1996).
The Board received comments from the Independent Regulatory Review Commission (IRRC) as well as from the Pennsylvania Veterinary Medical Association (PVMA). The PVMA criticized the notice required in Principle 7(h) and the proposed revision as unnecessary. IRRC also criticized Principle 7(h) as both excessive and burdensome, pointing to other practice standards previously codified by the Board. IRRC also questioned the Board's practical concern related to a client's obtaining the services of another veterinarian, observing, that no shortage has been demonstrated of licensed veterinarians in any part of this Commonwealth. IRRC recommended that the Board delete Principle 7(h) in its entirety.
In response to these suggestions, the Board undertook a review of existing law and regulations to determine whether adequate regulatory authority can be identified with respect to veterinarians who inappropriately abandon an animal. The Board's rules of Professional Conduct, Principles 1--7, establish broad and specific standards governing veterinarians' conduct in holding themselves out to the public. These rules require veterinarians to preserve life and relieve suffering. They further identify additional duties such as the conservation of livestock resources. Principle 7(a) specifies that a veterinarian may not neglect an animal after undertaking its care, while Principle 7(d) makes a veterinarian fully responsible for any action relating to an animal until it is released from the veterinarian's care.
The abandonment of animals, generally, is addressed in section 601(c)(2) of the Dog Law (act) (3 P. S. § 459-601(c)(2)), which sets forth procedures which a veterinarian must follow when an animal in the veterinarian's custody is abandoned by its owner. A veterinarian may transfer any animal in his custody for treatment, boarding or other care, which has been abandoned by its owner for more than 10 days, into the custody of the nearest humane society, association for the prevention of cruelty to animals or dog pound in the area.
Transfer may occur after the veterinarian gives written notice of his intentions to the animal's owner by personal service or registered mail, and receives the return receipt. The veterinarian shall retain the return receipt for 12 days. After 48 hours have elapsed from the transfer of custody, the custodian may humanely kill the animal or place it for adoption.
Section 601(c)(3) of the act provides that when the veterinarian has given proper notice to the owner of the animal and retains the return receipt, the veterinarian and custodian may not be found liable for disposal of the animal. The disposal may not constitute grounds for disciplinary procedure under the act, as enforced by the Department of Agriculture.
The Board has concluded that a specific standard governing abandonment of animals is not necessary in its Code of Conduct. The current provisions of Principle 7(h) could create confusion among the public and licensees because of conflicting standards. The Board's current rules of professional conduct generally establish standards for veterinarians' behavior, while provisions of the act set forth specific protection from liability and have been in existence for many years.
Annex A therefore deletes Principle 7(h) as recommended by IRRC and the PVMA. The Board considers its general ethical principles adequate to impose discipline on a veterinarian who may neglect an animal, while section 601(c) of the act provides guidance when a veterinarian must deal with an abandoned animal.
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed the provisions and history of this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final-form regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1991-1.
Fiscal Impact
The amendment should have no negative fiscal impact upon the Commonwealth, its political subdivisions or the general public.
Paperwork Requirements
The amendment will not result in additional paperwork requirements.
Statutory Authority
The amendment is adopted under the dual authority of section 5(1) and (2) of the Veterinary Medicine Practice Act (63 P. S. § 485.5(1) and (2)). Section 5(1) of the Veterinary Medicine Practice Act empowers the Board to adopt reasonable rules and regulations governing the practice of veterinary medicine as are necessary to enable it to carry out and make effective the purpose and intent of the Veterinary Medicine Practice Act. Section 5(2) of the Veterinary Medicine Practice Act empowers the Board to adopt rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skills and practice in the profession of veterinary medicine.
Sunset Date
The Board continually monitors the effectiveness of its regulations through communications with the regulated population; accordingly, no sunset date has been set.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 26 Pa.B. 4765, to IRRC and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee for review and comment. In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments received, as well as other documentation.
In preparing this final-form regulation the Board has considered the comments received from IRRC, the Committees and the public.
This final-form regulation was deemed approved by the House Committee on October 7, 1998, and approved by the Senate Committee on September 29, 1998. IRRC met on October 22, 1998, and approved the final-form regulation in accordance with section 5(e) of the Regulatory Review Act.
Contact Person
Further information may be obtained by contacting Robert Kline, Administrator, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7134.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This amendment does not enlarge the purpose of proposed rulemaking published at 26 Pa.B. 4765.
(4) This amendment is necessary and appropriate for administration and enforcement of the Board's authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 31, are amended by amending § 31.21, Principle 7, to read as set forth in Annex A, with ellipses referring to the existing text of the regulation.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication.
JEFFREY M. OTT, V.M.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 5636 (November 7, 1998).)
Fiscal Note: Fiscal Note 16A-575 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 31. STATE BOARD OF
VETERINARY MEDICINE
PROFESSIONAL CONDUCT § 31.21. Rules of Professional Conduct for Veterinarians.
* * * * * 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.
[Pa.B. Doc. No. 98-1943. Filed for public inspection November 27, 1998, 9:00 a.m.]
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