STATE BOARD OF VETERINARY MEDICINE [49 PA. CODE CH. 31] Professional Conduct for Veterinarians: Advertising [30 Pa.B. 2357] 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.
Notice of proposed rulemaking was published at 28 Pa.B. 2927 (June 27, 1998). Publication was followed by a 30-day public comment period during which the Board received no comments from the general public. Neither the House Professional Licensure Committee (HPLC) nor the Senate Consumer Protection and Professional Licensure Committee made comments on the proposed rule.
On August 27, 1998, the Independent Regulatory Review Commission (IRRC) sent comments and suggestions to the Board.
Response to IRRC Comment
IRRC expressed its concern that anyone in need of emergency veterinary services be able to determine whether a particular veterinarian can meet their needs with respect to whether the veterinarian's practice could accommodate particular types of animals. In response to IRRC's comments, the Board has added the requirement that veterinarians disclose specific limitations when advertising emergency services.
Second, IRRC requested that veterinarians advertising emergency services designate whether their services are available only at the veterinarian's facility or whether the veterinarian is available to travel to the site where the animal is located. The Board has not added this requirement to its regulation for several reasons. First, the Board does not perceive a need for this designation because animal owners who generally take their animals to the veterinarian's facility will likely continue to do so in the case of an emergency whereas owners whose animals are usually visited by the veterinarian will likely continue to rely on the veterinarian to provide onsite emergency care. Second, the Board does not wish to limit the ability of a veterinarian to make the determination whether to travel to the animal or have the animal brought to the veterinary facility, as this may limit the veterinarian's ability to exercise professional judgment and may endanger rather than promote animal safety and welfare. Third, a designation would apply only to veterinarians offering on call services, because a veterinarian could not be on the premises during set hours if the veterinarian may be away from the facility to tend to an injured animal on site.
IRRC also requested that the Board specify a time certain which would be considered a reasonable time under the regulation and distinguish between the time it takes to respond to an initial contact seeking emergency service from the time it takes for the veterinarian to actually begin treating the animal. In response to this comment, the Board determined it would not specify a particular time that would be considered reasonable for purposes of the advertising regulation. Rather, the Board believes that veterinarians are already bound by professional responsibility in offering and providing treatment and must be allowed to exercise professional judgment in the provision of services.
Finally, IRRC suggested the proposed rulemaking be formatted to conform to the format of Principle 5. The Board agreed with the suggestion and made the change in final-form regulation.
Statutory Authority
The amendment is authorized under section 5(1) and (2) of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.5(1) and (2)). Section 5(1) of the 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 act. Section 5(2) of the 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.
Fiscal Impact
The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Veterinarians who advertise emergency services may incur additional costs in amending their advertisements if the advertisements do not list the hours during which the emergency services will be provided and indicate whether there is a veterinarian on the premises or on call and indicate limitations in the practice, if any. These costs may ultimately be passed on to the public.
Paperwork Requirements
The amendment will create no additional paperwork for the Board or the private sector.
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 28 Pa.B. 2927 to IRRC and to the Chairpersons of the HPLC and the Senate Committee on Consumer Protection and Professional Licensure.
Publication of the notice of proposed rulemaking was followed by a 30-day public comment period during which the Board received no written comment from the public. Subsequent to the close of the public comment period, the Board received no comments from the House or Senate Committee. The Board received and considered comments from the IRRC.
This final-form regulation was approved by the HPLC on March 17, 2000, and was deemed approved by the Senate Consumer Protection and Professional Licensure Committee on March 20, 2000. IRRC met on March 23, 2000, and approved the final-form regulation in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.5a(e)).
Further Information
Individuals who need information about the regulation may contact Robert Kline, Administrative Assistant, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-4848.
Order
The Board finds that:
(1) Public notice of intention to adopt the amendment 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 under those sections at 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendment is necessary and appropriate for the administration of the act.
The Board therefore orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 31, are amended by amending § 31.21, Principle 5, to read as set forth in Annex A with ellipses referring to the existing text of the regulation.
(b) The Board shall submit a copy of the Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(d) The amendment shall take effect immediately upon publication in the Pennsylvania Bulletin.
BRIAN U. HARPSTER, V.M.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 1929 (April 8, 2000).)
Fiscal Note: Fiscal Note 16A-576 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.
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 shall also apply to applicants for licensure and temporary permit holders where these persons render services under qualified supervision.
* * * * * 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.
* * * * * [Pa.B. Doc. No. 00-785. Filed for public inspection May 12, 2000, 9:00 a.m.]
