, Question 1
A state veterinary practice act is silent on telemedicine but the board has issued
a policy statement requiring an in-person examination before establishing a
VCPR. A veterinarian licensed in that state provides advice via video to an
out-of-state client whose animal has never been examined. Which legal
principle best determines the veterinarian's exposure to discipline?
A. The AVMA Principles of Veterinary Medical Ethics preempt state law
and permit telemedicine VCPR establishment.
B. The board's policy statement, if validly promulgated as an
administrative rule, has the force of law and can support discipline even
absent express statutory language.
C. Because the practice act is silent, the veterinarian may rely on the
federal Veterinary Telemedicine Act to establish a VCPR.
D. Discipline is barred because the animal is located out of state and the
board lacks personal jurisdiction over the veterinarian.
Correct Answer: B - The board's policy statement, if validly
promulgated as an administrative rule, has the force of law and
can support discipline even absent express statutory language.
RATIONALE
State boards derive authority from the practice act and may adopt rules
filling gaps; a properly promulgated rule has the force of law and can
ground discipline. The AVMA Principles are aspirational, not
preemptive, and no federal Veterinary Telemedicine Act exists. The
board has jurisdiction over its licensee regardless of patient location.
Page 2
, Question 2
A veterinarian employs a certified veterinary technician who, without direct
supervision, performs a surgical procedure the technician is trained to perform
but that state law classifies as a veterinary medical act requiring immediate
supervision. The veterinarian is unaware of the procedure. Under respondent
superior and practice act principles, which is most accurate?
A. The technician alone bears liability because the veterinarian lacked
knowledge of the act.
B. The veterinarian may be disciplined for failing to supervise and may
be vicariously liable for the technician's unauthorized practice.
C. Vicarious liability applies only if the technician was acting within the
scope of employment, which unauthorized practice is not.
D. The state board may sanction only the technician because the
veterinarian did not personally perform the act.
Correct Answer: B - The veterinarian may be disciplined for
failing to supervise and may be vicariously liable for the
technician's unauthorized practice.
RATIONALE
Veterinarians are responsible for supervising personnel and can be
disciplined for inadequate supervision; vicarious liability under
respondent superior can attach to acts within the employment
relationship even if unauthorized. Unauthorized practice does not
automatically sever the employment scope, and boards routinely
sanction supervising veterinarians.
Question 3
A veterinarian prescribes a Schedule II opioid for a dog after surgery. Which
recordkeeping requirement is most consistent with federal DEA regulations for
a practitioner dispensing or prescribing controlled substances?
A. Schedule II prescriptions may be refilled up to five times within six
Page 3
, months if the veterinarian authorizes refills.
B. The veterinarian must maintain accurate records of receipt and
distribution, and Schedule II prescriptions may not be refilled.
C. Schedule II prescriptions may be called into a pharmacy orally in all
circumstances if followed by a written record within 7 days.
D. Records of Schedule II dispensing must be retained for 1 year and kept
separate from other records.
Correct Answer: B - The veterinarian must maintain accurate
records of receipt and distribution, and Schedule II prescriptions
may not be refilled.
RATIONALE
DEA rules prohibit refills on Schedule II prescriptions and require
accurate records of receipt and distribution, generally retained for at
least 2 years. Oral Schedule II prescriptions are permitted only in
limited emergencies with prompt written follow-up, not routinely.
Retention of 1 year is insufficient.
Question 4
A client sues a veterinarian for negligence after a dog dies during anesthesia.
The client proves the veterinarian deviated from the standard of care but cannot
show that the deviation more likely than not caused the death. Under traditional
tort principles, what is the most likely outcome?
A. The veterinarian is liable because any deviation from the standard of
care establishes negligence per se.
B. The client may recover under res ipsa loquitur because anesthesia
deaths are typically avoidable.
C. The claim fails because causation is an essential element the client
must prove by a preponderance of the evidence.
D. The veterinarian is liable for punitive damages because death
occurred.
Page 4
A state veterinary practice act is silent on telemedicine but the board has issued
a policy statement requiring an in-person examination before establishing a
VCPR. A veterinarian licensed in that state provides advice via video to an
out-of-state client whose animal has never been examined. Which legal
principle best determines the veterinarian's exposure to discipline?
A. The AVMA Principles of Veterinary Medical Ethics preempt state law
and permit telemedicine VCPR establishment.
B. The board's policy statement, if validly promulgated as an
administrative rule, has the force of law and can support discipline even
absent express statutory language.
C. Because the practice act is silent, the veterinarian may rely on the
federal Veterinary Telemedicine Act to establish a VCPR.
D. Discipline is barred because the animal is located out of state and the
board lacks personal jurisdiction over the veterinarian.
Correct Answer: B - The board's policy statement, if validly
promulgated as an administrative rule, has the force of law and
can support discipline even absent express statutory language.
RATIONALE
State boards derive authority from the practice act and may adopt rules
filling gaps; a properly promulgated rule has the force of law and can
ground discipline. The AVMA Principles are aspirational, not
preemptive, and no federal Veterinary Telemedicine Act exists. The
board has jurisdiction over its licensee regardless of patient location.
Page 2
, Question 2
A veterinarian employs a certified veterinary technician who, without direct
supervision, performs a surgical procedure the technician is trained to perform
but that state law classifies as a veterinary medical act requiring immediate
supervision. The veterinarian is unaware of the procedure. Under respondent
superior and practice act principles, which is most accurate?
A. The technician alone bears liability because the veterinarian lacked
knowledge of the act.
B. The veterinarian may be disciplined for failing to supervise and may
be vicariously liable for the technician's unauthorized practice.
C. Vicarious liability applies only if the technician was acting within the
scope of employment, which unauthorized practice is not.
D. The state board may sanction only the technician because the
veterinarian did not personally perform the act.
Correct Answer: B - The veterinarian may be disciplined for
failing to supervise and may be vicariously liable for the
technician's unauthorized practice.
RATIONALE
Veterinarians are responsible for supervising personnel and can be
disciplined for inadequate supervision; vicarious liability under
respondent superior can attach to acts within the employment
relationship even if unauthorized. Unauthorized practice does not
automatically sever the employment scope, and boards routinely
sanction supervising veterinarians.
Question 3
A veterinarian prescribes a Schedule II opioid for a dog after surgery. Which
recordkeeping requirement is most consistent with federal DEA regulations for
a practitioner dispensing or prescribing controlled substances?
A. Schedule II prescriptions may be refilled up to five times within six
Page 3
, months if the veterinarian authorizes refills.
B. The veterinarian must maintain accurate records of receipt and
distribution, and Schedule II prescriptions may not be refilled.
C. Schedule II prescriptions may be called into a pharmacy orally in all
circumstances if followed by a written record within 7 days.
D. Records of Schedule II dispensing must be retained for 1 year and kept
separate from other records.
Correct Answer: B - The veterinarian must maintain accurate
records of receipt and distribution, and Schedule II prescriptions
may not be refilled.
RATIONALE
DEA rules prohibit refills on Schedule II prescriptions and require
accurate records of receipt and distribution, generally retained for at
least 2 years. Oral Schedule II prescriptions are permitted only in
limited emergencies with prompt written follow-up, not routinely.
Retention of 1 year is insufficient.
Question 4
A client sues a veterinarian for negligence after a dog dies during anesthesia.
The client proves the veterinarian deviated from the standard of care but cannot
show that the deviation more likely than not caused the death. Under traditional
tort principles, what is the most likely outcome?
A. The veterinarian is liable because any deviation from the standard of
care establishes negligence per se.
B. The client may recover under res ipsa loquitur because anesthesia
deaths are typically avoidable.
C. The claim fails because causation is an essential element the client
must prove by a preponderance of the evidence.
D. The veterinarian is liable for punitive damages because death
occurred.
Page 4
