A veterinarian licensed in State A is consulted via telemedicine by a client
whose dog is in State B. The veterinarian prescribes a controlled substance
without conducting an in-person examination, relying solely on video and
history. Under the current AVMA telehealth guidelines and most state practice
acts, which statement best characterizes the legal and ethical status of this
action?
A. It is permissible if the veterinarian holds a valid DEA registration and
the prescription is for a legitimate medical purpose.
B. It is generally prohibited unless the veterinarian is licensed in State B
or a valid veterinarian-client-patient relationship (VCPR) is established in
compliance with State B's requirements.
C. It is allowed because telemedicine is federally preempted and state
licensure requirements do not apply to veterinary consultations.
D. It is permissible only if the drug is not a controlled substance and the
veterinarian documents the consultation in the medical record.
Correct Answer: B - It is generally prohibited unless the
veterinarian is licensed in State B or a valid
veterinarian-client-patient relationship (VCPR) is established in
compliance with State B's requirements.
RATIONALE
Most state practice acts require the veterinarian to be licensed in the
state where the animal is located and to establish a valid VCPR, which
typically mandates a physical examination or timely visit. Federal
DEA rules also require a valid prescription based on a legitimate
medical purpose within the course of professional practice. Options A,
C, and D misstate the interplay of state licensure and VCPR
requirements.
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, Question 2
A veterinary practice maintains an inventory of controlled substances. An audit
reveals that 100 mL of a Schedule II opioid is unaccounted for over a 3-month
period. Under the Controlled Substances Act (CSA) and DEA regulations,
what is the most appropriate immediate action for the practice?
A. Report the discrepancy to the state veterinary board within 30 days and
await further instructions.
B. Notify the DEA field office and complete a DEA Form 106
(Theft/Loss Report) immediately upon discovery.
C. Document the loss in the internal log and adjust the inventory to reflect
actual count without external reporting.
D. Report the loss to local law enforcement only, as DEA reporting is
required only for Schedule I substances.
Correct Answer: B - Notify the DEA field office and complete a
DEA Form 106 (Theft/Loss Report) immediately upon discovery.
RATIONALE
DEA regulations require registrants to report any theft or significant
loss of controlled substances to the DEA Field Division office and
complete DEA Form 106. State boards may also require notification,
but the immediate federal requirement is DEA reporting. Options A,
C, and D understate or misdirect the legal obligation.
Question 3
A veterinarian is sued for malpractice after a dog dies under anesthesia. The
client alleges the veterinarian failed to obtain informed consent for the
procedure. Which legal doctrine is most directly implicated, and what is the
veterinarian's best defense?
A. Res ipsa loquitur; the veterinarian must prove the death was
unavoidable.
B. Contributory negligence; the client's refusal of preoperative bloodwork
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, shifts liability.
C. Informed consent doctrine; the veterinarian must show that the client
was adequately informed of material risks and consented, or that an
exception applies.
D. Statute of limitations; the veterinarian can avoid liability if the lawsuit
is filed more than 6 months after the incident.
Correct Answer: C - Informed consent doctrine; the veterinarian
must show that the client was adequately informed of material
risks and consented, or that an exception applies.
RATIONALE
Informed consent requires disclosure of material risks and obtaining
the client's authorization. The best defense is documentation of a
thorough consent discussion or evidence that the client would have
proceeded regardless. Res ipsa loquitur and contributory negligence
are less applicable, and statutes of limitations vary by state but are not
a defense on the merits.
Question 4
Which of the following scenarios most clearly constitutes a violation of the
veterinarian-client-patient relationship (VCPR) under the AVMA's definition,
assuming no state-specific exceptions apply?
A. A veterinarian prescribes antibiotics over the phone for a dog with a
suspected urinary tract infection after a previous examination 2 years ago.
B. A veterinarian examines a horse, diagnoses laminitis, and prescribes
treatment, scheduling a follow-up in 3 weeks.
C. A veterinarian provides emergency care to a stray cat without an
owner present and then transfers care to a shelter veterinarian.
D. A veterinarian consults with a colleague about a complex case and
recommends a referral to a specialist.
Correct Answer: A - A veterinarian prescribes antibiotics over
the phone for a dog with a suspected urinary tract infection after
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