What motivated you to pursue a veterinary career? A love for animals? Undoubtedly. A desire to help people provide better care for their pets? Also likely. A keen interest in the legal intricacies of running a veterinary business? Probably not. Legal and ethical issues often overlap in veterinary medicine, but they aren’t the same. “The law is determined by society, legislatures and courts, while the profession establishes ethics,” said David Favre, a professor of animal law at Michigan State University. Here are 10 legal or ethical issues that veterinarians commonly encounter.
1. Informed Consent
Informed consent is the cornerstone of veterinary business. Without it, legal action could follow if a veterinary caregiver harms a pet.
“Consent requires a discussion about the benefits and downsides of a particular procedure, a comparison with other available treatment regimens, and the cost and potential risks involved,” Favre said.
Documentation proving consent is essential. Practices should use standardized forms, train staff members to review them with clients, and then have the pet owners sign them.
“Clients often develop amnesia,” quipped attorney Peter H. Tanella, a Today’s Veterinary Business columnist and the chair of the National Veterinary Law Group at the law firm Mandelbaum Barrett PC. “When things go wrong, they forget, so it’s best to thoroughly document all communication.”
2. Employment Law
Complying with laws governing overtime pay, employee classification and anti-discrimination is critical for veterinary practice owners. Employers must also be sensitive to team members’ mental health.
“Ensure you comply with the Americans with Disabilities Act and other relevant laws when addressing mental health needs,” Tanella said.
He also suggested offering mental health resources and issuing an employee handbook that includes an open-door policy and assurance that all communication is confidential.
3. Corporate Consolidation
Negotiating corporate takeovers of independent veterinary practices can be complex.
“When selling to a corporation, due diligence is important to find the right buyer for your practice to ensure you’re culturally aligned and that your quality of care will be appropriately maintained,” Tanella said.
4. Telemedicine
Telemedicine’s popularity has grown considerably. While many pet owners want the service, providers must adhere to the rules to avoid legal consequences.
“Veterinarians must be aware of the evolving regulations around telehealth in their specific state,” Tanella said. “Ensure you have a valid veterinarian-client-patient relationship before you provide telemedicine services, record the consultation using a secure platform that protects the client’s data, and be transparent about what issues can and cannot be addressed remotely.”
The nonprofit Veterinary Virtual Care Association has made it easy for practitioners to understand VCPR rules in each state and the District of Columbia. Check out the map posted at bit.ly/3F6EWVG.
5. Controlled Drug Use and Storage
The potential for abusing controlled substances found in veterinary practices is worrisome, given the rise of mental health issues in the industry.
“Keep detailed logs of all controlled substances, perform regular inventory checks to identify discrepancies, train staff so they understand the Drug Enforcement Administration’s regulations and use a secure locked area to store drugs,” Tanella said. “In addition, dispose of expired or unused drugs following DEA guidelines.”
6. Data Privacy
Veterinary practices handle sensitive data, such as patient health records, pet owner information and client payment details, all of which can be compromised by cyberattacks. Tanella recommended implementing cybersecurity measures, such as encryption and firewalls, updating software regularly, training staff to recognize phishing attempts, and purchasing cyber insurance to mitigate the financial risks from breaches.
7. Artificial Intelligence
The use of artificial intelligence is growing in veterinary medicine, but the technology is new, and compliance rules are lacking with some AI tools.
“Validate the AI tool before integrating it into your practice and training your team so they know how to effectively implement the technology,” Tanella said.
He stressed the need to explain to clients how AI informs a patient’s diagnosis and treatment plan. He also advised including language in the client consent form to protect the practice from legal ramifications.
8. Practice Ownership Transitions
Whether a practice owner is bringing on a partner or retiring, transitions can lead to disputes if mishandled. A well-drafted partnership agreement is crucial to avoid conflicts and protect everyone’s interests.
“Think of a partnership agreement as a prenuptial agreement for business,” Tanella said. “It establishes the terms and expectations from the outset, ensuring all partners are aligned on critical matters such as ownership percentages, decision-making authority and exit strategies. This proactive approach mitigates the risk of future conflicts and provides a roadmap for resolving disputes.”
9. Animal Abuse or Neglect
Veterinarians sometimes think a patient has been abused or neglected. But what are their obligations?
“In 22 states, the law now requires that this information be reported and exempts the veterinarian from any negative consequences, meaning they can’t be sued by the client,” law professor Favre said.
Most other states allow voluntary reporting by veterinary professionals or provide immunity to people reporting suspected animal cruelty.
The 22 states with mandatory abuse reporting are Alabama, Arizona, California, Colorado, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Virginia, West Virginia and Wisconsin.
10. Animals as Property
Another topic Favre is particularly interested in is the categorization of animals as property, which makes them subject to property rules for valuation purposes.
“This is in stark contrast to the veterinary profession’s dependence on the fact that [animals] aren’t just property and that they have an emotional value, making people willing to invest thousands of dollars to ensure their pet receives the best care,” Favre said.
He noted that some states, such as Illinois and New York, adopted statutes allowing courts to award noneconomic and perhaps punitive damages if someone harms a pet.
SETTING PRICES
Balancing ethical considerations and profitability can sometimes be difficult for veterinarians, who must make a living, of course. Attorney Peter H. Tanella advises: “Set fair, transparent fees for services, avoid misleading advertising or promotions, empower clients to make informed decisions through education, collaborate with your team to develop strategies that align with your ethical and financial goals, and engage with the community to build goodwill.”