TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 25 VETERINARY MEDICINE PRACTITIONERS
PART 3 PROFESSIONAL CONDUCT
16.25.3.1 ISSUING AGENCY: New Mexico Board of Veterinary Medicine
[16.25.3.1 NMAC
- Rp, 16.25.3.1 NMAC, 01-17-2014]
16.25.3.2 SCOPE: Applies to all persons licensed to practice
veterinary medicine in the state of New Mexico.
[16.25.3.2 NMAC
- Rp, 16.25.3.2 NMAC, 01-17-2014]
16.25.3.3 STATUTORY AUTHORITY: NMSA 1978, Section 61-14-13 and Section 61-14-19.
[16.25.3.3 NMAC
- Rp, 16.25.3.3 NMAC, 01-17-2014]
16.25.3.4 DURATION: Permanent.
[16.25.3.4 NMAC
- Rp, 16.25.3.4 NMAC, 01-17-2014]
16.25.3.5 EFFECTIVE DATE: 01-17-2014 unless a later date is cited at
the end of a section.
[16.25.3.5 NMAC
- Rp, 16.25.3.5 NMAC, 01-17-2014]
16.25.3.6 OBJECTIVE: To govern the professional conduct of any
person licensed or permitted by the board to engage in the veterinary
profession in the state of New Mexico.
Violations of any of these rules are grounds for action against a
licensee.
[16.25.3.6 NMAC
- Rp, 16.25.3.6 NMAC, 01-17-2014]
16.25.3.7 DEFINITIONS: [RESERVED]
[16.25.3.7 NMAC
- Rp, 16.25.3.7 NMAC, 01-17-2014]
16.25.3.8 CONDUCT: All professionals licensed by the board of
veterinary medicine are subject to the Veterinary Practice Act and rules
promulgated by the board.
A. Violations of the Veterinary Practice Act or rules
promulgated by the board are subject to the complaint process as governed by
the Uniform Licensing Act. Failure to
comply with a board request for records or information pertinent to a complaint
investigation will be considered a violation of this rule.
B. Complaints are reviewed by the board on a case by case
basis to determine if disciplinary action is necessary. Unprofessional conduct by a licensee in a
complaint determined by the board includes but is not limited to noncompliance
with terms of a settlement agreement entered into with the board by a licensee
to resolve a complaint.
C. A licensee shall not represent conflicting interests
except by express consent of all concerned subsequent to a full disclosure of
the facts.
D. It is the right of any licensee, without fear or favor,
to give proper advice to those seeking relief against unfaithful or neglectful
services.
E. A licensee shall expose, without fear or favor, before
the proper tribunal or the New Mexico board of veterinary medicine, corrupt or
dishonest conduct in the profession.
F. A veterinarian must decide what professional employment
will be accepted and what course of treatment will be followed once
employed. The responsibility for
advising questionable or unusual treatment rests upon the veterinarian. If a licensee is asked to perform a treatment
that is questionable or unusual, the licensee must use his own professional
judgment about whether he will perform this treatment.
G. No licensee shall render any service or advice contrary
to the law. A veterinarian must also
observe and advise clients to observe applicable laws and regulations.
H. A licensee shall not render any service or advice directed
toward the corruption of any person or persons exercising a public office or
private trust; or the deception or betrayal of the public.
I. In the formation of partnerships, professional
associations or any other association for the practice of veterinary medicine,
no person shall be held out as a practitioner of veterinary medicine or as a
veterinary technician unless licensed to practice in this state. In selection and use of a firm name, no false
or misleading name shall be used.
J. The professional services of a veterinarian shall not be
controlled or exploited by any lay, personal or corporate agency which
intervenes between the client and the veterinarian. A veterinarian’s responsibilities and qualifications
are individual. A veterinarian’s
responsibilities for medical judgments shall be directly to the client or
authorized agent.
K. Each veterinarian shall display at the business location,
in full view of the public, his original license certificate signed by the
board along with the current year renewal license. If licensee is providing veterinary services
in a relief capacity, the current year renewal license must be easily
accessible.
L. Veterinarians shall exercise the same degree of care,
skill and diligence in treating patients as are ordinarily used in the same or
similar circumstances by reasonably prudent members of the veterinary medical
profession in good standing in the state of New Mexico.
M. A licensed veterinarian shall not use or display any
unearned certificate, college degree, or title.
N. A licensed veterinarian shall not promote, aid, or abet
any illegal or unethical act on the part of any veterinarian or in the practice
of veterinary medicine by an unlicensed person except as permitted by the
Veterinary Practice Act.
O. A licensed veterinarian in this state shall not issue a
certificate of health for an animal unless aware by way of actual inspection
and appropriate tests, that said animal meets the requirements for the issuance
of such certificate.
P. A licensed veterinarian shall not guarantee a cure. A licensed veterinarian must avoid bold and
confident assurances to clients especially where employment may depend upon
such assurances.
Q. A licensed veterinarian shall treat all animals entrusted
by clients in keeping with the professional standard of humane treatment and
care.
R. A licensed veterinarian shall conduct the practice of
veterinary medicine on the highest plane of honesty, integrity and fair dealing
with clients in time and services rendered, and in the amount charged for
service, facilities, appliances and drugs.
S. A licensed veterinarian shall not violate the
confidential relationship with his client.
T. The reporting of cruelty or illegal action is not a
violation of confidentiality.
U. A licensed veterinarian or veterinary technician shall
not use or participate in the use of any form of representation, advertising or
solicitation which contains false, deceptive or misleading statement(s) or
claim(s). False, deceptive or misleading
statements or claims are those which:
(1) advertise or
represent that a service or product is free, or similar language, coupled with
any required service or product for which a fee is charged;
(2) contains a
prediction of future success or guarantee that satisfaction or cure will result
from the performance of a professional service;
(3) refer to secret methods of treatment
or special services;
(4) concern
illegal transactions;
(5) imply that a
licensed veterinarian is a specialist unless the veterinarian is a diplomate of
an AVMA board certified specialty.
(6) imply that a
licensed veterinarian is certified unless he is certified in a nationally
recognized specialty whose certification process has been evaluated and
approved by the board. The following
complementary, alternative or integrative therapies may be considered, but are
not limited to:
(a) acupuncture;
(b) acutherapy;
(c) acupressure;
(d) homeopathy;
(e) manual or
manipulative therapy i.e, therapies based on
techniques practiced in osteopathy, chiropractic medicine, or physical medicine
and therapy;
(f) massage;
(g) naturopathy;
(h) physical
rehabilitation;
(i) nutraceutical therapy;
(j) phytotherapy.
(7) are intended or are likely to create
an inflated or unjustified expectation;
(8) contains an
expressed or implied material misrepresentation of the fact;
(9) fail to
state any material fact necessary to make the statement or claim not misleading
in the circumstances under which it is made;
(10) would result
in the violation of any law or regulation or a contractual or other obligation
of any person with whom the licensed veterinarian seeks to communicate;
(11) contain a representation or implication
that is likely to cause an ordinary prudent layperson to misunderstand or be
deceived, or fail to contain reasonable warnings or disclaimers necessary to
make a representation or implication not deceptive;
(12) relate to
professional fees other than:
(a) the fixed fee charged for a specific
professional service provided that the description of such service would not be
deceptive and that the statement indicates whether additional fees may be
required in individual cases; or
(b) the range of fees for specifically
described professional services provided there is reasonable disclosure of all
relevant and variable considerations affecting the fees, so that the statement
would not be misunderstood or be deceptive including without limitation, an
indication whether additional fees may be incurred for related professional
services which may be required in individual cases.
V. A licensed veterinarian or veterinary technician shall
not use or display any college degree, certificate or title granted by any
institution not approved by the New Mexico board of veterinary medicine.
W. A licensed veterinarian shall not use present or past
position(s) or office(s) of trust deliberately to create any individual
professional advantage, or to coerce or deceive the public.
X. All licensed professionals are subject to the Veterinary
Practice Act and rules promulgated by the board.
Y. Violations of the Veterinary Practice Act or rules
promulgated by the board are subject to the complaint process as governed by
the Uniform Licensing Act.
Z. The licensee is required to abide by all statutes and
rules of any board, commission, and agency including county or city ordinances
governing any aspect of the practice of veterinary medicine.
AA. Dishonesty in the practice of
veterinary medicine is prohibited.
BB. Habitual or excessive use of
intoxicants or drugs is prohibited.
CC. The use of any controlled or legend drug or substance on any
animal for the purpose of illegally influencing the outcome of a competitive
event is prohibited.
DD. Failure to maintain required radiological records 20.3.1.108
NMAC or controlled substance logs and medical records is prohibited.
EE. Failure to report as required by law
or making a false report of any contagious or infectious disease is prohibited.
FF. Unfair or deceptive practices in the conduct of the
profession are prohibited.
GG. Violation of the Veterinary Practice
Act or of any rule adopted by the board is prohibited. See Uniform Licensing Act.
HH. Failure of a licensed veterinarian or
facility to refer a client, upon the client’s request, to another licensed
veterinarian is prohibited.
[16.25.3.8 NMAC
- Rp, 16.25.3.8 NMAC, 01-17-2014; A, 05-08-2016]
HISTORY OF 16.25.3 NMAC:
Pre-NMAC History: The material
in this part was derived from that previously filed with the State Records
Center and Archives:
BVE Rule No.
75-2, Rules Governing the Professional Conduct of Veterinarians, 12-5-75.
BVE Rule No.
75-2, Pertaining to the Rules Governing the Professional Conduct of
Veterinarians, 4-7-78.
BVE Rule 79-2,
Rules Governing the Professional Conduct of Veterinarians, 9-21-79.
BVE Rule 82-1,
Rules Governing the Professional Conduct of Veterinarians, 3-2-82.
BVE 88-2, Rules
Governing the Professional Conduct of Veterinarians, 10-14-88.
BVE 92-2, Rules
Governing the Professional Conduct of Veterinarians, 5-22-92.
BVE 92-2, Rules
Governing the Professional Conduct of Veterinarians, 6-3-93.
History of Repealed Material:
16 NMAC 25.3,
Professional Conduct – Repealed effective, 07/03/93.
16.25.3 NMAC,
Professional Conduct - Repealed effective, 01-17-14.