Glad You Asked That
Below are a few questions that have been asked by IVMA members over the last few months. Answers are provided below. As always, though, consult your own legal counsel for specific legal advice.
Question: What is our veterinary clinic supposed to do with expired medications?
Answer: We have had the opportunity to look into your question about whether it is legal to sell or donate expired medications. The short answer is that the dispensing of expired medication can be a violation of both federal and state law. The best practices are to dispose of them in accordance with Federal, state, and local laws.
Under both the Federal Food, Drug, and Cosmetic Act and the Indiana Uniform Food, Drug, and Cosmetic Act, it is prohibited to introduce into commerce any drug that is adulterated. 21 U.S.C.A. § 331(a); Ind. Code § 16-42-1-16. A drug is considered “adulterated” under federal law if its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess. 21 U.S.C.A. § 351; Ind. Code § 16-42-3-3. Expiration dates are required on all drugs to ensure they meet the applicable standards of identity, strength, quality, and purity at the time of use. 21 C.F.R. § 211.137. According to the FDA, the strength of active ingredients can be lower than intended in expired drugs. Expiration Dates – Questions and Answers, FDA (Dec. 30, 2021), https://www.fda.gov/drugs/pharmaceutical-quality-resources/expiration-dates-questions-and-answers. Thus, if the medication’s strength has decreased after the expiration date, dispensing such medication is prohibited.
Because of the risk associated with dispensing an expired drug that could be adulterated (meaning the strength of the active ingredients are lower than intended), the American Veterinary Medical Association recommends that veterinarians dispose of all expired drugs. William F. Crummins, Disposing of expired drugs: a matter of policy, AMERICAN VETERINARY MEDICAL ASSOCIATION, (Dec. 15, 2000), https://www.avma.org/javma-news/2001-01-01/disposing-expired-drugs-matter-policy-january-1-2001.
There are three ways to properly dispose of expired drugs:
• On-site destruction where two employees handle or observe the handling of a drug until it is rendered non-retrievable, and two employees personally witness the destruction of the drug until it is non-retrievable.
• Delivery to or pick-up by a reverse distributor.
• Request assistance from the Special Agent in Charge by contacting the local DEA field office and completing out DEA Form 41. 21 C.F.R. § 1317.05.
Question: Who is considered the “client” of a pet when the listed owners are in the process of getting a divorce?
Answer: Pets are considered personal property under Indiana law. All personal property belongs to the marital estate during a divorce. Courts are granted the authority to dispose of the marital estate. The answer is likely that, absent a provisional or final order disposing of personal property, both spouses are considered the owner, and therefore both parties are the client. However, Indiana courts have not addressed this issue directly. In reviewing the relevant statutes, it is apparent that the owners of the animal are the client. However, this clear principle gets muddied when the owners are going through a divorce. Pets are personal property under the law. Because courts are granted the authority to dispose of personal property in a divorce case, only a provisional or final order regarding possession of personal property, or a pet, is conclusive as to who the owner, and therefore client, is. Without an order giving one spouse or the owner ownership of the pet, both should be considered the owner. Although Indiana courts have not addressed this issue directly, it is reasonable under the law that, absent a provisional order or final order addressing ownership of a pet, both spouses would be considered owners, and therefore both would be considered clients.
Question: How long do I have to keep animal health records?
Answer: You must keep animal health records for three (3) years after the last encounter with the animal.
Note that it is important to document, document, document. Further, it is appropriate to include in the animal health record communication you have with the client regarding treatment options and if diagnostics were offered or recommended, if referral was offered or recommended, and if the client refused the recommended diagnostics, treatment plan, or referral.
Question: As veterinarians, what are we obligated to do regarding finding a microchip in an animal? What do we have to do if we have a client with a new animal and we scan to see if there is a microchip in the animal? Are we responsible for contacting the name listed in the microchip database?
Answer: Under Indiana law, “although many pets are beloved by their owners, they remain property.” Lachenman v. Stice, 838 N.E.2d 451, 461 (Ind. Ct. App. 2005). Generally, when a person finds a lost dog, that person acquires good title as against all the world but acquires no title as against the true owner. Rittenhouse v. Knoop, 9 Ind. App. 126, 36 N.E. 384 (1894). What this means is that the finder of lost property, or a pet, would be the owner of the property to everyone except the person who lost the property. However, if property is abandoned, the prior owner divests their rights to claim the property in the future. Needless to say, it is not easy to determine whether a pet brought in by a new client is lost or abandoned, and Indiana has not provided guidance on microchipping and ownership.
Unfortunately, we do not have access to the American Veterinarian Medical Association guidelines on microchipping as the page no longer exists. However, in a 2014 article by Veterinary Practice News, the AVMA stated:
Veterinarians cannot be expected to investigate or resolve ownership disputes over an animal, but should ask for documentation of ownership in circumstances that raise suspicion that the presenting person may not actually be the lawful owner of the animal…
The revised guidelines also state that if a microchip implant is detected that the client isn’t aware of, the veterinarian should inform the client of this fact, provide the client with contact information for the microchip database company, and encourage the client to contact that company. We agree with this position – it is not the place of a veterinarian to investigate and resolve ownership disputes that may arise out of the discovery of an unknown microchip. It may be appropriate to ask for proof of ownership or adoption if there is any suspicion as to the true ownership. If a microchip is detected which the client is unaware of, as previously recommended by the AVMA, the veterinarian should inform the client of this fact, provide the client with contact information for the microchip database company, and encourage the client to contact that company. However, to avoid any legal repercussions, the veterinarian may also request the client to sign a waiver and indemnification if a prior owner attempts to sue the veterinarian.
We have provided a form on page 12 to use for these purposes or click on the link below to download the form.
Acknowledgement of Microchip Information form