70-8-1 Acts of unprofessional conduct.
The following acts by a Kansas licensed veterinar-
ian shall be considered unprofessional conduct
and shall constitute grounds for disciplinary action
against the licensee:

 (a)  failing to meet the minimum standards for
either veterinary premises or veterinary practice;

 (b)  engaging in conduct likely to deceive, de-
fraud or harm the public or demonstrating a will-
ful or careless disregard for the health, welfare or
safety of a patient;

 (c)  claiming to have performed or charging for
an act or treatment that was, in fact, not per-
formed or given;

 (d)  stating or implying that the veterinarian is
a certified or recognized specialist unless the vet-
erinarian is certified in the specialty by the board,
as recognized by the American veterinary medical
association;

 (e)  stating or implying any claims of profes-
sional superiority in the practice of veterinary
medicine that cannot be substantiated by educa-
tion, training or experience, or using any certifi-
cate, diploma or degree to which a person is not
entitled;

 (f)  practicing veterinary medicine under a false
or assumed name or impersonating another prac-
titioner of a like, similar or different name;

 (g)  practicing under an expired, revoked or
suspended Kansas veterinary license;

 (h)  failing to provide a written response, within
30 days, to a written request made by the board
pursuant to an investigation by or on behalf of the
board;

 (i)  promoting, aiding, abetting or permitting
the practice of veterinary medicine by an unli-
censed person except as provided by this act;

 (j)  allowing an unlicensed person to issue pre-
signed animal health certificates with the veteri-
narian's signature affixed to the certificate, or to
inoculate or treat animals unless the inoculation
or treatment is done under the direct supervision
of the licensed veterinarian;

 (k)  failing to establish a valid veterinarian, cli-
ent, and patient relationship;

 (l)  prescribing, providing, obtaining, ordering,
administering, dispensing, giving or delivering
controlled drugs to or for an animal solely for
training, show or racing purposes and not for a
medically sound reason;

 (m)  performing surgery to conceal genetic or
congenital defects, in any species, with the knowl-
edge the surgery has been requested to deceive a
third party;

 (n)  refusing the board or its agent the right to
inspect a veterinary facility at reasonable hours,
pursuant to an investigation by or on behalf of the
board;

 (o)  representing conflicting interests unless the
veterinarian's dual relationship is fully disclosed
and all parties to the transaction consent;

 (p)  failing to report to the proper authorities
cruel or inhumane treatment to animals, if the vet-
erinarian has direct knowledge of the cruel or in-
humane treatment;

 (q)  fraudulently issuing or using any of the fol-
lowing documents:

 (1)  a certificate of veterinary inspection;

 (2)  a test chart;

 (3)  a vaccination report; or

 (4)  any other official form used in the practice
of veterinary medicine to prevent the following:

 (A)  the dissemination of animal disease;

 (B)  the transportation of diseased animals; or

 (C)  the sale of edible products of animal origin
for human consumption;

 (r)  issuing a certificate of veterinary inspection
for an animal unless the veterinarian performs the
inspection and the appropriate tests as required
to the best of the veterinarian's knowledge;

 (s)  having a United States department of agri-
culture accreditation removed for cause by federal
authority;

 (t)  using a corporate or assumed name for a
veterinary practice which would be false, decep-
tive or misleading to the public;

 (u)  extending the practice of veterinary medi-
cine to the care of humans, except that any vet-
erinarian may render first aid or emergency care,
without expectation of compensation, in an emer-
gency or disaster situation;

 (v)  guaranteeing a cure or specific results or
creating an unjustified or inflated expectation of a
cure or specific result;

 (w)  obtaining any of the following information
through theft, unauthorized copying, duplicating
or other means:

 (1)  client lists;

 (2)  mailing lists;

 (3)  medical records;

 (4)  computer records; or

 (5)  other records that are the property of an-
other veterinarian, veterinary partnership or pro-
fessional veterinary corporation;

 (x)  failing to report to the board within 90 days
any disciplinary action taken against the veterinary
license issued to the veterinarian by any other li-
censing jurisdiction, professional veterinary asso-
ciation, veterinary specialty board, or government
or regulatory agency;

 (y)  failing to refer a client when additional ex-
pertise is advisable, a second opinion is desirable
or upon the client's request;

 (z)  making a false, deceptive or misleading
claim or statement;

 (aa)  failing to provide the public with necessary
label warnings on dispensed veterinary products;

 (bb)  failing to provide a client with a verbal or
written estimated fee range for veterinary services
offered when requested by the client;

 (cc)  acting in a manner that is likely to injure
the professional reputation, standing, prospect of
practice or employment of another member of the
profession and which could be deemed malicious,
false, or misleading;

 (dd)  failing to obtain consent of the client prior
to placing an animal under anesthesia, performing
any surgical procedure, or transporting the animal
to another facility except in emergency situations;

 (ee)  violating the confidential relationship be-
tween the licensed veterinarian and the client;

 (ff)  delegating activities within the practice of
veterinary medicine in violation of K.A.R. 70-7-
1(o); and

 (gg)  using prescription drugs in any of the fol-
lowing ways:

 (1)  prescribing or dispensing, delivering, or or-
dering any prescription drug without first having
established a veterinarian/client/patient relation-
ship and determining that such prescription drug
is therapeutically indicated for the health or well
being of the animal or animals; or

 (2)  prescribing, providing, ordering, adminis-
tering, possessing, dispensing, giving or delivering
prescription drugs to or for any person under the
following circumstances:

 (A)  when the drugs are not necessary or re-
quired for the medical care of animals; or

 (B)  when the use or possession of the drugs
would promote addiction thereto.

 For purposes of this subsection, the term ``Pre-
scription drugs'' includes all controlled substances
in Schedules I through V, and all legend drugs
which bear the federal legends, as such drugs are
recognized by any law of the state of Kansas or of
the United States. (Authorized by and imple-
menting K.S.A. 47-830(o); effective Feb. 21,
1997.)

Article 9.--IMPAIRMENT