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Décisions des tribunaux
M-8, r. 4
- Code of ethics of veterinary surgeons
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er
septembre 2012
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chapter
M-8, r. 4
Code of ethics of veterinary surgeons
VETERINARY SURGEONS — CODE OF ETHICS
Veterinary Surgeons Act
(chapter M-8, s. 3)
.
M-8
Professional Code
(chapter C-26, s. 87)
.
C-26
09
September
01
1
2012
DIVISION
I
DUTIES TOWARDS THE PUBLIC
1
.
A veterinary surgeon shall promote improvements in the quality and the availability of professional services in the field in which he practises.
O.C. 1149-93, s. 1
.
1.1
.
A veterinary surgeon shall take reasonable means to ensure that the Veterinary Surgeons Act (chapter M-8), the Professional Code (chapter C-26) and their regulations are complied with by the partnership or joint-stock company within which the veterinary surgeon carries on professional activities and by the employees, shareholders, directors, partners and every person assisting the veterinary surgeon in carrying on his professional activities.
O.C. 364-2008, s. 1
.
1.2
.
A veterinary surgeon’s duties and obligations under the Veterinary Surgeons Act (chapter M-8), the Professional Code (chapter C-26) and their regulations are in no manner modified or reduced by the fact that the veterinary surgeon practises within a partnership or joint-stock company.
O.C. 364-2008, s. 1
.
2
.
A veterinary surgeon shall promote the protection and the improvement of public health and of the quality of the environment. In the practice of the profession, a veterinary surgeon shall, in particular,
(
1
)
take into account all the foreseeable consequences which his opinions, research and work may have on society;
(
2
)
promote measures of education and information in the field in which he practises and, insofar as possible, perform the necessary acts to ensure such education and information;
(
3
)
collaborate in the safe recovery of outdated or unused medications for purposes of destruction;
(
4
)
not make or participate in, directly or indirectly, uncontrolled discharges of biomedical contaminants into the environment.
O.C. 1149-93, s. 2
.
3
.
In the practice of his profession, a veterinary surgeon shall act towards all persons with courtesy, dignity, moderation and objectivity.
O.C. 1149-93, s. 3
;
O.C. 364-2008, s. 2
.
DIVISION
II
DUTIES TOWARDS CLIENTS
§
1
. —
General
4
.
A veterinary surgeon shall practise the profession in accordance with the recognized standards of practice and the present state of knowledge in medical science. For that purpose, he shall in particular
(
1
)
make his diagnosis with great care;
(
2
)
use the appropriate scientific methods and, where necessary, ask for the most enlightened advice;
(
3
)
keep his knowledge up to date and maintain and develop his skills;
(
4
)
refrain from using, outside of the recognized scientific community, means of diagnosis or treatment that are insufficiently proven.
O.C. 1149-93, s. 4
;
O.C. 364-2008, s. 3
.
5
.
Before agreeing to provide professional services, a veterinary surgeon shall take into account his main field of practice, the limits of his skills and knowledge and the means at his disposal.
A veterinary surgeon shall not interfere in any way with a client’s right to consult another veterinary surgeon.
O.C. 1149-93, s. 5
;
O.C. 364-2008, s. 4
.
6
.
A veterinary surgeon shall not practise the profession under conditions or in situations likely to impair the quality of his services or the dignity of the profession.
O.C. 1149-93, s. 6
;
O.C. 364-2008, s. 5
.
7
.
Except in exceptional circumstances, a veterinary surgeon shall not practise the profession in unsuitable or inadequate premises.
O.C. 1149-93, s. 7
.
8
.
A veterinary surgeon shall seek to establish a relation of mutual trust with the client and shall not practise the profession in a brusque or impersonal manner.
O.C. 1149-93, s. 8
.
8.1
.
A veterinary surgeon shall obtain the free and enlightened consent of the client before undertaking a diagnostic procedure or treatment, except in case of emergency and the client’s timely consent cannot be obtained.
O.C. 364-2008, s. 7
.
§
2
. —
Integrity
9
.
A veterinary surgeon shall carry on his professional activities with integrity and in particular for that purpose,
(
1
)
avoid any misrepresentation as to his level of competence or the effectiveness of his services, those generally provided by the members of the profession and any person assisting the veterinary surgeon in carrying on his professional activities and, if applicable, those provided by the persons carrying on professional activities within the same partnership or joint-stock company. If the good of the animal so requires, the veterinary surgeon shall consult another veterinary surgeon or, with the client’s authorization, refer the case to that person;
(
2
)
endeavour to obtain full knowledge of all the facts before expressing an opinion, providing a service or giving advice and explain in a complete and objective manner to the client the nature and scope of the problem on the basis of the facts brought to his attention;
(
3
)
make a diagnosis, implement a prophylactic program or prescribe medications only after personally conducting an appropriate examination of the animal or a population of animals;
(
4
)
inform the client of the nature of the medications prescribed, the methods of administering and preserving them, their expiry date, the withdrawal period, any danger associated with them, and their safe disposal;
(
5
)
take the necessary measures to prevent veterinary acts from being performed in his workplace by unauthorized persons;
(
6
)
control at all times the purchase, sale, storage and inventory of medications and manage secure recovery of expired or unused medications for the purpose of destroying them;
(
7
)
refrain from selling medications included on the list of medications made under section 9 of the Veterinary Surgeons Act (chapter M-8) without an appropriate prescription. On the request of the syndic, an assistant syndic, a corresponding syndic, an investigator or an inspector of the professional inspection committee, the veterinary surgeon must be able at all times to reconcile the sale of medications sold in the preceding 5 years with the corresponding prescriptions; and
(
8
)
refrain from prescribing, selling, giving or enabling anyone to obtain medications without sufficient medical grounds or for the purposes of human consumption.
O.C. 1149-93, s. 9
;
O.C. 364-2008, s. 8
.
10
.
In the practice of his profession, a veterinary surgeon shall fully commit his civil liability. The veterinary surgeon shall not evade or attempt to evade his civil liability, or request a client or any other person to waive any remedy in the event of professional negligence on his part. A veterinary surgeon shall not include in a contract for professional services any clause that directly or indirectly excludes all or part of such liability. Similarly, a veterinary surgeon shall not invoke the liability of the partnership or joint-stock company within which he carries on professional activities or that of another person also carrying on activities within the partnership or joint-stock company as a ground for excluding or limiting his professional liability.
A veterinary surgeon shall also inform his client as soon as possible of any incident, accident or complication likely to have or that has had a significant impact on the state of health of an animal or a population of animals.
O.C. 1149-93, s. 10
;
O.C. 364-2008, s. 9
.
§
3
. —
Availability and diligence
11
.
A veterinary surgeon shall respect the hours of service he advertises and shall demonstrate reasonable availability and diligence, particularly after he has administered or prescribed a treatment or medication.
O.C. 1149-93, s. 11
.
12
.
Unless he has just and reasonable grounds, a veterinary surgeon may not cease to act on behalf of a client. The following in particular constitute just and reasonable grounds:
(
1
)
loss of the client’s trust;
(
2
)
the fact that the veterinary surgeon is in a situation of conflict of interest or in a situation such that his professional independence could be questioned;
(
3
)
inducement by the client to perform illegal, unfair or fraudulent acts;
(
4
)
being misled by the client or the client’s failure to cooperate;
(
5
)
the client refusing to pay the veterinary surgeon’s fees; and
(
6
)
being unable to communicate with the client or to obtain from him the elements considered necessary to continue providing professional services.
O.C. 1149-93, s. 12
;
O.C. 364-2008, s. 11
.
13
.
Before ceasing to act on behalf of a client, a veterinary surgeon shall give advance notice to that effect within a reasonable time and take the necessary measures to minimize the prejudice caused to the client by the withdrawal of services.
O.C. 1149-93, s. 13
;
O.C. 364-2008, s. 12
.
§
4
. —
Independence and impartiality
14
.
A veterinary surgeon shall subordinate his personal interests and, where applicable, those of the partnership or joint-stock company within which he carries on professional activities or has an interest, and those of any other person carrying on activities within the partnership or joint-stock company, to the interests of his client.
O.C. 1149-93, s. 14
;
O.C. 364-2008, s. 13
.
15
.
A veterinary surgeon shall be objective and impartial when persons other than his clients ask him for information.
O.C. 1149-93, s. 15
.
16
.
A veterinary surgeon shall ignore any intervention by a third party which could influence the performance of his professional duties to the detriment of his client.
O.C. 1149-93, s. 16
.
17
.
A veterinary surgeon shall safeguard his professional independence at all times and shall avoid any situation in which he would be or appear to be in conflict of interest.
O.C. 1149-93, s. 17
;
O.C. 364-2008, s. 14
.
18
.
A veterinary surgeon shall respect the right of the client to obtain the prescribed medications from or to have the prescribed treatments performed by a professional of the client’s choice. The veterinary surgeon shall, in such case, give the client a prescription to that effect.
O.C. 1149-93, s. 18
.
19
.
A veterinary surgeon is in a situation of conflict of interest if he
(
1
)
shares his professional income in any way whatsoever with a person who is not a member of the Order or with a partnership or joint-stock company within which he is not authorized to carry on professional activities;
(
2
)
receives, in addition to the remuneration to which he is entitled, a commission, rebate, benefit or other similar consideration relating to the practice of his profession, other than customary tokens of appreciation or gifts of small value, a discount paid by a provider for prompt regular payment if it appears on the invoice and is in keeping with marketplace rules in similar matters, or a purchase volume discount if it appears on the invoice or statement of account and is in keeping with marketplace rules in similar matters;
(
3
)
gives or offers to give a commission, rebate, benefit or other similar consideration relating to the practice of his profession;
(
4
)
enters into any type of agreement with any person to attract clients; or
(
5
)
accepts discount coupons or other similar documents under which a third person undertakes to pay the fees in whole or in part instead of the client.
O.C. 1149-93, s. 19
;
O.C. 364-2008, s. 15
.
20
.
A veterinary surgeon shall not provide or offer to provide veterinary services under a capitation plan that provides for set lump sum payments that are not determined on the basis of the quantity and quality of services rendered.
A veterinary surgeon may not propose an insurance plan to his clients that guarantees the performance of veterinary services in exchange for a pre-established lump sum if the plan is not administered independently by a third person and no veterinary surgeon participating in the plan controls or supervises it, whether directly, indirectly or through an intermediary.
O.C. 1149-93, s. 20
;
O.C. 364-2008, s. 16
.
21
.
A veterinary surgeon who practises his profession for his own account or in a partnership or joint-stock company shall not be a shareholder of a company or business manufacturing medications for animals, whether directly, indirectly or through an intermediary.
O.C. 1149-93, s. 21
;
O.C. 364-2008, s. 17
.
22
.
A veterinary surgeon shall not lend his name to a person in order to allow that person to promote or recommend to the public a treatment or the sale, distribution or use of medications or instruments used in the practice of the profession of veterinary surgeon.
O.C. 1149-93, s. 22
.
§
5
. —
Professional secrecy
23
.
A veterinary surgeon shall respect the secrecy of confidential information obtained in the practice of the profession and shall ensure that he practises in premises conducive to discretion and the maintenance of professional secrecy.
O.C. 1149-93, s. 23
.
24
.
(Revoked).
O.C. 1149-93, s. 24
;
O.C. 364-2008, s. 19
.
25
.
A veterinary surgeon shall not make use of confidential information to the detriment of a client or with a view to obtaining, directly or indirectly, a benefit for himself or another person. The veterinary surgeon shall also ensure that the personnel working with him and any person assisting him in carrying on his professional activities do not disclose confidential information obtained in the exercise of their duties.
O.C. 1149-93, s. 25
;
O.C. 364-2008, s. 20
.
§
5.1
. —
Lifting of professional secrecy to protect individuals
O.C. 364-2008, s. 21
.
25.1
.
A veterinary surgeon who, pursuant to the third paragraph of section 60.4 of the Professional Code (chapter C-26), communicates, orally or in writing, information protected by professional secrecy to prevent an act of violence shall, for each communication,
(
1
)
communicate the information immediately to the person exposed to the danger, that person’s representative, and to the persons who can come to that person’s aid;
(
2
)
use a means of communication that in the circumstances ensures the confidentiality of the information;
(
3
)
enter the following information in the client’s record:
(
a
)
the name of the person or group of persons exposed to a danger;
(
b
)
the name of the person who caused the member to communicate the information;
(
c
)
the reasons supporting the decision to communicate the information;
(
d
)
the name of the person to whom the information was given;
(
e
)
the date and time of the communication;
(
f
)
the means of communication; and
(
g
)
the content of the communication; and
(
4
)
within 5 days of the communication, send the syndic a notice regarding the communication that includes the reasons supporting the decision to communicate the information and the date and time it was communicated.
O.C. 364-2008, s. 21
.
25.2
.
If it is necessary in the best interests of the person in imminent danger of death or serious bodily injury, a veterinary surgeon about to disclose information protected by professional secrecy shall consult another veterinary surgeon, a member of another professional order or any other qualified person, provided the consultation will not prejudicially delay communication of the information.
O.C. 364-2008, s. 21
.
§
6
. —
Conditions and procedures applicable to the exercise of the rights of access and correction provided for in sections 60.5 and 60.6 of the Professional Code and the requirement for veterinary surgeons to release documents to a client
O.C. 1149-93, sd. 6
;
O.C. 364-2008, s. 22
.
26
.
A veterinary surgeon shall respect a client’s right to examine his record and to obtain as soon as possible a copy of the documents that are part of the record.
O.C. 1149-93, s. 26
;
O.C. 364-2008, s. 22
.
26.1
.
In addition to compliance with the special rules prescribed by law, a veterinary surgeon shall reply promptly, or not later than the 20th day after receipt, to any request made by a client to examine documents that are part of any record established in the client’s respect or to obtain a copy of such documents.
O.C. 364-2008, s. 22
.
26.2
.
A veterinary surgeon may charge a client exercising the right under section 26 or 26.1 fees that may not exceed the reasonable cost of reproducing or transcribing documents or the reasonable cost of transmitting a copy of the documents.
A veterinary surgeon who charges such fees shall inform the client of the approximate amount to be paid before reproducing, transcribing or transmitting the requested documents or copies.
Despite the foregoing, simple access to the documents shall be free of charge.
O.C. 364-2008, s. 22
.
26.3
.
A veterinary surgeon who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuses to allow a client to have access to the information contained in a record established in the client’s respect shall inform the client in writing of the reason for the refusal and of the remedies available to him.
O.C. 364-2008, s. 22
.
26.4
.
In addition to compliance with the special rules prescribed by law, a veterinary surgeon shall reply promptly, or not later than the 20th day after receipt, to any request made by a client to
(
1
)
cause to be corrected any information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected, contained in a document concerning the client in any record established in the client’s respect;
(
2
)
cause to be deleted any information that is outdated or not warranted by the object of the record established in the client’s respect, contained in a document concerning the client in any record established in the client’s respect; or
(
3
)
have the client’s written comments filed in the record established in the client’s respect.
O.C. 364-2008, s. 22
.
26.5
.
A veterinary surgeon who grants a request under section 26.4 shall issue to the client, free of charge, a copy of the document or the part of the document that was corrected or in which the information was deleted or, as the case may be, an attestation that the client’s written comments have been filed in the record.
O.C. 364-2008, s. 22
.
26.6
.
A veterinary surgeon who holds information that is the subject of a request for access or correction shall, if the veterinary surgeon denies the request, keep the information for the time needed by the person concerned to exhaust all remedies in law.
O.C. 364-2008, s. 22
.
26.7
.
A veterinary surgeon is deemed to have refused to reply to a request under sections 26.1 and 26.4 if no reply is given within the time prescribed.
O.C. 364-2008, s. 22
.
26.8
.
A veterinary surgeon shall promptly reply to any written request made by a client to take back a document that had been entrusted to him.
O.C. 364-2008, s. 22
.
§
7
. —
Fees
27
.
A veterinary surgeon shall inform his client as soon as possible of the approximate and possible cost of the services to be provided and of the scope and terms of those services. The veterinary surgeon shall obtain the consent of his client in that respect, unless he can reasonably assume that the client is already informed. A veterinary surgeon shall also provide his client with all the explanations required for understanding his statement of fees and the terms and conditions of payment.
O.C. 1149-93, s. 27
;
O.C. 364-2008, s. 23
.
28
.
A veterinary surgeon shall charge and accept fair and reasonable fees, justified by the circumstances and in proportion to the services provided. A veterinary surgeon shall take particular account of the following factors when determining fees:
(
1
)
the time required to provide the professional services;
(
2
)
the difficulty and importance of the professional services to be provided;
(
3
)
the need to perform unusual services or services requiring exceptional competence or speed;
(
4
)
the veterinary surgeon’s experience and expertise; and
(
5
)
the importance of the responsibility assumed.
O.C. 1149-93, s. 28
;
O.C. 364-2008, s. 24
.
29
.
A veterinary surgeon shall not require in advance full payment of his fees; he may, however, require advance payment of anticipated expenses and disbursements and an advance not exceeding 50% of his estimated fees.
O.C. 1149-93, s. 29
.
30
.
A veterinary surgeon shall give explanations to his client when the latter so requires.
O.C. 1149-93, s. 30
.
31
.
When collecting accounts, a veterinary surgeon shall
(
1
)
not sell or otherwise transfer his accounts of professional fees, except to another veterinary surgeon or to a partnership or joint-stock company within which the veterinary surgeon is authorized to carry on professional activities pursuant to a regulation made under the Professional Code (chapter C-26);
(
2
)
ensure, where the veterinary surgeon practises within a partnership or joint-stock company, that the fees or prices relating to professional services provided by veterinary surgeons are always indicated separately on every invoice or statement of fees that the partnership or joint-stock company sends the client;
(
3
)
ensure that the person appointed to collect the fees acts with tact and moderation; and
(
4
)
collect interest on outstanding accounts only if there is a written agreement between the parties, provided that the interest thus required is reasonable.
O.C. 1149-93, s. 31
;
O.C. 364-2008, s. 25
.
DIVISION
III
OBLIGATIONS AND RESTRICTIONS RESPECTING ADVERTISING
32
.
(Revoked).
O.C. 1149-93, s. 32
;
O.C. 364-2008, s. 26
.
33
.
No veterinary surgeon may, in any way whatsoever, engage in advertising that is false, misleading, incomplete or liable to mislead, or that plays on emotions.
O.C. 1149-93, s. 33
;
O.C. 364-2008, s. 27
.
34
.
A veterinary surgeon may claim special qualities or skills only if he can justify them.
O.C. 1149-93, s. 34
.
35
.
No veterinary surgeon may use advertising practices likely to denigrate or depreciate another veterinary surgeon, or to suggest that his own services are superior to the services provided by other veterinary surgeons.
O.C. 1149-93, s. 35
;
O.C. 364-2008, s. 28
.
36
.
No veterinary surgeon may, in his advertising, use an expression of support or gratitude concerning him, or allow such advertising to be used.
O.C. 1149-93, s. 36
.
37
.
No veterinary surgeon may, in his advertising, promote the consumption of medications, advertise a medication requiring a prescription, or allow such a medication to be advertised in his name, unless that advertisement is in the public interest and for the protection of the public.
O.C. 1149-93, s. 37
.
38
.
In advertising, a veterinary surgeon shall avoid methods and attitudes likely to impart a profit-seeking or mercantile character to the profession, including promoting the consumption of medications, and to that effect shall refrain from offering to the public any rebate, discount or gratuity on the sale or prescription of medications.
O.C. 1149-93, s. 38
;
O.C. 364-2008, s. 29
.
39
.
A veterinary surgeon who advertises fees or prices shall
(
1
)
establish fees or fixed prices for the advertised services;
(
2
)
specify the nature and extent of services included in the fees or prices;
(
3
)
indicate whether expenses or disbursements are included in the fees or prices;
(
4
)
indicate whether additional services might be required which are not included in the fees or prices.
The particulars and indications must be understandable for persons who have no particular knowledge in the veterinary field. All fees or prices must remain in effect for at least 90 days after they were last broadcast or published.
O.C. 1149-93, s. 39
;
O.C. 364-2008, s. 30
.
40
.
In any advertisement, a veterinary surgeon shall ensure that the public clearly understands that it is an advertisement.
O.C. 1149-93, s. 40
.
41
.
In any advertisement, a veterinary surgeon shall clearly indicate with his name that he is the person responsible for the advertising. All the partners in an office, clinic or veterinary facility and all the partners, shareholders, directors and officers of a partnership or joint-stock company within which a veterinary surgeon is authorized to carry on professional activities are solidarily responsible for compliance with the rules respecting advertising, unless the advertisement clearly indicates the name of the veterinary surgeon responsible for the advertising.
O.C. 1149-93, s. 41
;
O.C. 364-2008, s. 31
.
42
.
A veterinary surgeon shall keep a complete copy of any advertisement in its original form for 2 years following the date of the last broadcast or publication.
O.C. 1149-93, s. 42
;
O.C. 364-2008, s. 32
.
43
.
Where a veterinary surgeon employs the graphic symbol of the Order, he shall ensure that the symbol is identical to the original kept by the secretary of the Order.
O.C. 1149-93, s. 43
.
44
.
A veterinary surgeon who uses the graphic symbol of the Order in printed advertising or televised media advertising shall include the following disclaimer in the advertisement:
This is not an advertisement of the Ordre professionnel des médecins vétérinaires du Québec, and it engages the liability of its author only.
O.C. 1149-93, s. 44
;
O.C. 364-2008, s. 33
.
DIVISION
IV
DUTIES TOWARDS THE PROFESSION
§
1
. —
Derogatory acts
45
.
In addition to the derogatory acts referred to in sections 57, 58, 58.1, 59.1 and those that may be determined pursuant to the second paragraph of section 152 of the Professional Code (chapter C-26), the following are derogatory to the dignity of the profession of veterinary surgeon:
(
1
)
using physical, verbal or psychological abuse against a client;
(
2
)
harassing, intimidating or threatening a person with whom the veterinary surgeon interacts in the practice of his profession;
(
3
)
harassing, intimidating or threatening a person who has requested an inquiry or any other person involved in the events related to the inquiry or the complaint once the veterinary surgeon has been informed that an inquiry is being held or has been served with a notice of complaint regarding conduct or professional competence;
(
4
)
communicating with the complainant without the prior written permission of the syndic or an assistant syndic once the veterinary surgeon has been informed of an inquiry into his conduct or professional competence or once a disciplinary complaint has been served on him;
(
5
)
claiming a sum of money from a client for all or part of a professional service the cost of which is assumed by a third person;
(
6
)
claiming fees for professional acts that have not been performed or are falsely described, providing or allowing the personnel working with him to provide receipts, veterinary prescriptions, certificates or other documents falsely indicating that a medication has been sold on prescription or a professional service has been provided;
(
7
)
selling, giving, administering or distributing expired or unused medication returned by a client to the veterinary surgeon;
(
8
)
prescribing, selling, providing or administering medications not approved by the Canadian Food Inspection Agency as veterinary biologics, or by Health Canada for other medications. A veterinary surgeon may, however, prescribe, sell, provide or administer medications prepared extemporaneously or recognized for a different use, provided that the medications are approved by the Canadian Food Inspection Agency as veterinary biologics, or by Health Canada for other medications;
(
9
)
buying or selling samples of medications;
(
10
)
repeatedly or insistently urging a person to retain the veterinary surgeon’s professional services;
(
11
)
failing to inform the Order that the veterinary surgeon has reason to believe that a veterinary surgeon is incompetent or that a veterinary surgeon or a partnership or joint-stock company within which veterinary surgeons practise is in breach of the Professional Code, the Veterinary Surgeons Act (chapter M-8) or a regulation under the Code or the Act;
(
12
)
carrying on professional activities within a partnership or joint-stock company that holds itself out as or implies that it is a partnership or joint-stock company within which a veterinary surgeon is authorized to carry on professional activities when one of the requirements in the Professional Code or its regulations is not met;
(
13
)
entering into an agreement or permitting an agreement to be entered into within a partnership or joint-stock company in which a veterinary surgeon is authorized to carry on professional activities, including a unanimous shareholders’ agreement, if the agreement operates to threaten the independence, objectivity and integrity required for the practice of the profession or compliance by the veterinary surgeons with the Professional Code, the Veterinary Surgeons Act and their regulations; and
(
14
)
when carrying on professional activities within a partnership or joint-stock company, failing to take reasonable measures to put an end to, or prevent the repeated performance of, an act derogatory to the dignity of the profession performed by another veterinary surgeon carrying on professional activities within the partnership or joint-stock company, and that was brought to the veterinary surgeon’s attention more than 30 days earlier.
O.C. 1149-93, s. 45
;
O.C. 364-2008, s. 34
.
§
2
. —
Relations with the Order and other veterinary surgeons
O.C. 364-2008, s. 35
.
46
.
A veterinary surgeon shall as promptly as possible reply to any correspondence from the secretary of the Order, the syndic, an assistant syndic, a corresponding syndic or an investigator, an inspector, the secretary or a member of the professional inspection committee in the exercise of the duties assigned to them by the Act or regulations.
O.C. 1149-93, s. 46
;
O.C. 364-2008, s. 36
.
47
.
A veterinary surgeon shall not abuse the good faith of another veterinary surgeon, a member of the board of directors, the syndic, an assistant syndic, a corresponding syndic or an investigator, an inspector, the secretary or a member of the professional inspection committee, nor in their respect commit any breach of trust or engage in disloyal practices.
O.C. 1149-93, s. 47
;
O.C. 364-2008, s. 36
.
48
.
A veterinary surgeon shall not use a decision rendered by the disciplinary council to attack the reputation of another veterinary surgeon or to prejudice the relations between another veterinary surgeon and his client or employer.
O.C. 1149-93, s. 48
;
O.C. 364-2008, s. 37
.
49
.
A veterinary surgeon consulted by another veterinary surgeon shall provide the latter with his opinion and recommendations within a reasonable time.
O.C. 1149-93, s. 49
;
O.C. 364-2008, s. 38
.
50
.
A veterinary surgeon consulted by another veterinary surgeon shall not recontact the client without the authorization of the veterinary surgeon who consulted him.
O.C. 1149-93, s. 50
;
O.C. 364-2008, s. 39
.
51
.
No veterinary surgeon may help or urge an unauthorized person to perform acts exclusive to the profession or another profession or allow that person to do so, and shall report to the competent authorities any situation of illegal practice or misuse of title.
O.C. 1149-93, s. 51
;
O.C. 364-2008, s. 40
.
§
3
. —
Contribution to the development of the profession
O.C. 1149-93, sd. 3
;
O.C. 364-2008, s. 41
.
52
.
A veterinary surgeon shall, insofar as possible, contribute to the development of the profession by exchanging knowledge and experience with other veterinary surgeons, students and trainees and participating in courses and continuing training periods.
O.C. 1149-93, s. 52
;
O.C. 364-2008, s. 42
.
DIVISION
V
DUTIES TOWARDS ANIMALS
O.C. 1149-93, Div. V
;
O.C. 364-2008, s. 43
.
53
.
A veterinary surgeon shall provide the necessary care to the animal or population of animals in his care and custody and shall at all times demonstrate the highest concern for their safety.
O.C. 1149-93, s. 53
;
O.C. 364-2008, s. 44
.
54
.
A veterinary surgeon shall refuse to perform any operation which could endanger the well-being of the animal or a population of animals or which, in his opinion, entails useless suffering.
O.C. 1149-93, s. 54
;
O.C. 364-2008, s. 45
.
55
.
A veterinary surgeon may not lend or use an animal in his care and custody for purposes other than those for which the animal was entrusted to him. Except in exceptional circumstances, the veterinary surgeon shall obtain a client’s consent before relinquishing an animal entrusted to him by the client.
O.C. 1149-93, s. 55
;
O.C. 364-2008, s. 46
.
56
.
A veterinary surgeon shall report to the competent authorities when he ascertains that an animal or a population of animals has been the victim of mistreatment.
O.C. 1149-93, s. 56
;
O.C. 364-2008, s. 47
.
57
.
This Code replaces the Code of ethics of veterinary surgeons (R.R.Q., 1981, c. M-8, r. 4).
O.C. 1149-93, s. 57
.
58
.
(Omitted).
O.C. 1149-93, s. 58
.
REFERENCES
O.C. 1149-93, 1993 G.O. 2, 5029
O.C. 364-2008, 2008 G.O. 2, 1243
S.Q. 2008, c. 11, s. 212
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