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24.225.950    UNPROFESSIONAL CONDUCT

(1) For the purposes of implementing the provisions of 37-1-319 , MCA and in addition to 37-1-316 , MCA, the board further defines unprofessional conduct as follows:

(a) violation of any state or federal statute or administrative rule regulating the practice of animal euthanasia, including any statute or rule defining or establishing standards of animal euthanasia or professional conduct or practice;

(b) cruel or inhumane treatment of animals;

(c) incompetence, negligence, cruelty, or use of any practice or procedure in the practice of animal euthanasia, which creates an unreasonable risk of physical harm to the animal, staff or public;

(d) possession, use, addiction to, diversion or distribution of controlled substances in any way other than for legitimate euthanasia purposes, or violation of any drug law;

(e) failure to cooperate with an investigation or inspection authorized by the Board of Veterinary Medicine;

(f) failure to maintain sanitary facilities or apply sanitary procedures for euthanizing animals;

(g) practicing as a CEA or as a CET without a current certificate;

(h) willful or repeated violations of rules established by any health agency or authority of the state or a political subdivision thereof;

(i) resorting to fraud, misrepresentation or deception in the euthanasia of an animal;

(j) failure to have current DEA registration;

(k) failure to report to the board termination or change of employment for a CET within ten days;

(l) use of unapproved drugs for euthanasia; or

(m) euthanasia of an animal for which the CET has not received training.

History: 37-1-131, 37-1-319, 37-18-202, 37-18-603, MCA; IMP, 37-1-316, 37-1-319, 37-18-603, MCA; NEW, 2004 MAR p. 1324, Eff. 6/4/04; TRANS, from Commerce, 2005 MAR p. 323.

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