Disclosure of Client Information to a Third-Party Supplier

NewsletterSPRING 2017

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2 Westchester-Rockland Veterinary Medical Association

Fundraiser to Benefit

Cornell Veterinary Student Scholarships and the NYSVMS Political Education Committee (V-PEC)

Saturday, April 22, 2017, 6-8 pm New York State Spring Veterinary Conference | DoubleTree by Hilton Tarrytown, NY

Funds raised during the Silent Auction benefit NYSVMS legislative advocacy through the Veterinary Political Education Committee and the NYSVMS Scholarship, awarded annually to a veterinary student at Cornell. Established in 1994 as a permanently-endowed scholarship, it provides tuition assistance to New York State residents who are third or fourth-year students and show interest in organized veterinary medicine.

The Silent Auction will once again feature the popular wine wall. Donate a bottle of wine valued at more than $30 dollars to the Wine Wall. Attendees will purchase a ticket to receive a gift-wrapped surprise bottle. Many of the bottles won are valued between $50 and $100!

Popular Donation Items Include: gift baskets, wine and beer baskets, overnight stays, artwork, jewelry, sporting event tickets, electronics and historical veterinary objects.

Contact NYSVMS headquarters and let us know what YOU CAN DONATE!

I wish to donate an item to the Silent Auction _____ and/or Wine Wall _____

Donor Name: ____________________________________________________________________________________________

Organization Name: _______________________________________________________________________________________

Mailing Address: ______________________________ City: __________________________ State: _____ Zip: ____________

Phone: ____________________________ Fax: ____________________________ Email: _______________________________

How will you deliver item: Directly to conference Ship to NYSVMS Other _________________________________

Describe the item you are donating (please be as descriptive as possible): _______________________________________

_________________________________________________________________________________________________________

Approximate Retail Value: $_________________________

Please fax this form to (518) 869-7868 or email the form to Dory Fisk, dfisk@nysvms.orgNYSVMS, 100 Great Oaks Blvd., Suite 127, Albany, NY 12203DO

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Disclosure of Client Information to Third-Party

Supplier page 6

Westchester-Rockland Veterinary Medical Association 3

IN THIS ISSUE: SPRING 2017

Newsletter Editor: Stephanie Quirini (800) 876-9867 • squirini@nysvms.org

Advertising: Stephanie Quirini (800) 876-9867 • squirini@nysvms.org

Publication address: WRVMA Newsletter NYSVMS 100 Great Oaks Blvd., Ste. 127 Albany, NY 12203

WRVMA Newsletter, an official publication of the Westchester-Rockland Veterinary Medical Association, is published quarterly and distributed free of charge to all active members of the WRVMA. Questions or comments regarding its content or distribution should be directed to the following address: NYSVMS, 100 Great Oaks Blvd., Ste. 127, Albany, NY 12203. Opinions expressed in articles and editorials of WRVMA Newsletter are those of the authors and are not necessarily those of the WRVMA. None of the content of the WRVMA Newsletter may be reproduced or reprinted without the prior written permission of the publisher.

Westchester-Rockland Veterinary Medical Association 3

4 An Alliance that Benefits You

5 The Right A/R Partner Can Mean a

Healthier Bottom Line for Your Practice

9 Register Now for NYS-VC Spring

April 21-23 in Tarrytown!

10 Member Happenings

10 WRVMA Welcomes New Executive Assistant

11 Important Phone Numbers and Contacts

11 Classified Ads

11 Upcoming CE Lectures

Fundraiser to Benefit

Cornell Veterinary Student Scholarships and the NYSVMS Political Education Committee (V-PEC)

Saturday, April 22, 2017, 6-8 pm New York State Spring Veterinary Conference | DoubleTree by Hilton Tarrytown, NY

Funds raised during the Silent Auction benefit NYSVMS legislative advocacy through the Veterinary Political Education Committee and the NYSVMS Scholarship, awarded annually to a veterinary student at Cornell. Established in 1994 as a permanently-endowed scholarship, it provides tuition assistance to New York State residents who are third or fourth-year students and show interest in organized veterinary medicine.

The Silent Auction will once again feature the popular wine wall. Donate a bottle of wine valued at more than $30 dollars to the Wine Wall. Attendees will purchase a ticket to receive a gift-wrapped surprise bottle. Many of the bottles won are valued between $50 and $100!

Popular Donation Items Include: gift baskets, wine and beer baskets, overnight stays, artwork, jewelry, sporting event tickets, electronics and historical veterinary objects.

Contact NYSVMS headquarters and let us know what YOU CAN DONATE!

I wish to donate an item to the Silent Auction _____ and/or Wine Wall _____

Donor Name: ____________________________________________________________________________________________

Organization Name: _______________________________________________________________________________________

Mailing Address: ______________________________ City: __________________________ State: _____ Zip: ____________

Phone: ____________________________ Fax: ____________________________ Email: _______________________________

How will you deliver item: Directly to conference Ship to NYSVMS Other _________________________________

Describe the item you are donating (please be as descriptive as possible): _______________________________________

_________________________________________________________________________________________________________

Approximate Retail Value: $_________________________

Please fax this form to (518) 869-7868 or email the form to Dory Fisk, dfisk@nysvms.orgNYSVMS, 100 Great Oaks Blvd., Suite 127, Albany, NY 12203D

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PURPLE PARTY Silent Auction & WineWall

As you know, our organization is a proud Associate Member of Partners for Healthy Pets (PHP) and we are very pleased to announce a collaborative program between PHP, Veterinary Medical Association Executives (VMAE) and our association. We believe this initiative will have a significant impact on the health of your patients and your practice.

This collaborative program focuses on the importance of forward booking, which simply means scheduling all patients’ next appointments before they leave your practice, regardless of the reason for their current visit. This includes medical progress exams and preventive healthcare exams. Forward booking ensures your patients receive the highest quality of care at the right time.

An Alliance that Benefits You You have probably been hearing about and maybe even considering implementing forward booking in your practice, but are not quite sure how to get started.

We can help you!To get started, visit the forward booking section on the Partners for Healthy Pets website http://www.partnersforhealthypets.org/forward_booking.aspx. Download the document titled, “The Key to Forward Booking Appointments: Unlock the Potential of a Best Practice For Your Practice.” This gives you a simple, step-by-step approach to how to use the handful of tools available to you to provide your practice team with the skills necessary to be successful. Ready. Set. Forward Book!

We are very excited to provide this opportunity to you and your practice. By using these tools, you will be able to easily implement

INDUSTRY

Don’t forgetto book my next

appointment!

This message sponsored by the American Veterinary Medical Association and the American Animal Hospital Association.©2016 American Veterinary Medical Foundation. All Rights Reserved.

This message sponsored by the American Veterinary Medical Association and the American Animal Hospital Association.©2016 American Veterinary Medical Foundation. All Rights Reserved.

forward booking in your practice. The result? Healthier patients and a healthier practice!

4 Westchester-Rockland Veterinary Medical Association

620 Commerce St. Thornwood, NY 10594

Phone (914) 674-4141 Fax (914) 674-4140

Jane Cho, DVM, DACVO James Gaarder, DVM, DACVO

Providing personalized, attentive, and

experienced ophthalmic care

for your patients and clients

conscientious care by board-certified ophthalmologists in a personal setting rapid communication with referring veterinarians new, beautiful location! easy to reach from all major Westchester roads – on Rt. 141 right off the Saw Mill Pkwy,

Taconic and Sprain Brook Parkways, easy to reach from 287/Tappan Zee Bridge

www.vesny.com

The Right A/R Partner Can Mean a Healthier Bottom

Line for Your Practice

INDUSTRY

An urgent or unexpected procedure can pose a serious financial hardship for a pet owner. But even routine visits and treatment can be a challenge.

You depend on positive cash flow to keep your practice running, and to ensure you can provide your clients’ beloved pets with the highest quality of care. So how do you navigate this ongoing challenge?

Effective accounts receivable management is the answer. But what does that really mean? And if your time, staff and resources are limited, how can you maximize those efforts?

TekCollect, a NYSVMS Affinity Partner, has been helping veterinary practices resolve these issues for over two decades. They specialize in streamlining internal accounts receivable processes, and providing pre-collection and collection services that yield maximum recovery results. The first step is identifying the right partner.

A fully compliant, full-service accounts receivable management partner can do more than recover outstanding debts for your practice—they can help you prevent an overwhelming percentage of them. Here are some of the best practices we recommend you look for, as you decide which third party resource is right for you.

Seamless IntegrationIt’s time-consuming to toggle between programs to view accounts, submit them for

collections, pull and compare reports, and so on. So what happens? Accounts receivable takes a back seat to more pressing tasks, and your accounts lose collectability as time passes.

Choose a partner who can integrate with your existing practice management software. This way, you can access individual and practice summaries at a glance, place accounts with the third party, and view activity in real-time. Simply automating the steps in the revenue cycle can turn a job that regularly takes hours into one that takes minutes.

Early InterventionEngage with a partner that practices early intervention with a soft, client-first approach. For example, sending an audit letter to confirm the account balance can remind the pet owner of their obligation before it becomes delinquent. Often, that’s all it takes to stimulate payment.

This simple step can also help you identify no-pays from slow-pays, so you can determine what to do next. And the earlier an account is pursued, the greater the chance of full recovery.

Full-Service, Customer ServiceAn accounts receivable partner should conduct scheduled, structured written and verbal contacts. Each letter and call script should be customized for your practice, and meet your approval. You want to feel comfortable that the third party is extending your practice’s courtesy and

customer service. A delinquent client can return to good standing, so every relationship matters.

Additionally, your accounts receivable partner should conduct phone campaigns outside of regular business hours, such as mornings, evenings and Saturdays. These are the times when individuals are home and accessible, and campaigns yield better response rates. Your team has likely tried to place calls during the day, and you know the results are negligible.

Fixed Fee and Measurable ResultsFinally, you’ll want to consider engaging with a third party that offers a low, fixed fee for services. Many agencies can charge upwards of 35%, which discourages early placement and negates your profit margin.

With early placement and intervention, and structured contacts and follow-through,

a great partner can generate optimal recoveries—that you can re-invest in your business. And if they guarantee results, even better.

Identifying an accounts receivable management partner who employs these best practices can make a meaningful, measurable difference to your practice’s bottom line. You can save time and streamline your staff’s workflow to maximize productivity. You can enjoy fewer delinquencies and greater recovery results to improve profitability. And you can focus on developing your practice, your team and their talents, and valuable relationships with your clients—including the furry ones.

For more A/R strategy insights, and information about TekCollect’s exclusive NYSVMS services and benefits, contact Tim Olesky, Division Vice President, at (888) 292-3530.

Westchester-Rockland Veterinary Medical Association 5

Disclosure of Client Information to a Third-Party Supplier

6 Westchester-Rockland Veterinary Medical Association

veterinarians with a competitive advantage in the market, as the clients of the participating veterinarians would have access to greater rebates than the clients of non-participating veterinarians; (2) promotes the participating veterinarians by including their names in communications to clients; and (3) provides participating veterinarians with marketing analytics.

I. May veterinarians disclose their clients’ contact information to the Supplier or its vendors if such disclosure would result in increased rebates for its clients?No, or at least not without prior consent. “Revealing of personally identifiable facts, data or information obtained in a professional capacity without the prior consent of the patient or client, except as authorized or required by law”1 constitutes unprofessional conduct, which is punishable as misconduct in accordance with the penalties provided for in Education Law § 6511 (set forth below). Therefore, absent consent, a veterinarian cannot disclose client contact information to the Supplier or its vendors. This is so even if the vendors agree not to further disclose the information to

the Supplier. For this reason alone, veterinarians should not participate in the Program as currently constituted.

II. Who would bear the liability for any wrongful disclosure of client information?The rules regarding confidentiality of client information are applicable to the licensed veterinarian, but not the Supplier. Thus, it would be the veterinarian, not the Supplier, who would face penalties for disclosing client information to the Supplier’s marketing vendors.

III. What may be done to prevent a competing veterinarian from obtaining a perceived unfair competitive advantage by making unauthorized disclosure of client information to the Supplier’s marketing vendors?A veterinarian who is in violation of the non–disclosure rules may be reported to the office of professions for engaging in unprofessional conduct. Such unprofessional conduct is punishable as misconduct in accordance with the penalties

“Revealing of personally identifiable facts, data or information obtained in a professional capacity without the prior consent of the patient or client, except as authorized or required by law” constitutes unprofessional conduct ...

A large national supplier (“Supplier”) of veterinary products is offering increased rebates to the clients of veterinarians who participate in its pet reach program (“Program”). The Program is billed as a free marketing program that will help veterinarians grown their practice. The Program, as a condition of participation, requires the veterinarians to disclose their client contact information directly to the Supplier’s designated marketing vendors. The Supplier would not have access to any client information that is disclosed to the marketing vendors.

The veterinarians are not required to pay any fees to participate in the Program, which apparently is funded entirely by the Supplier. Similarly, the Supplier and its marketing vendors would not make any monetary payments to the participating veterinarians, and all Supplier rebates would be issued directly to the veterinarians’ clients.

The Supplier, through its marketing vendors, would facilitate the transmission of highly targeted client communications, which are designed to offer enhanced rebates on certain of the Supplier’s products, promote the benefits of particular products offered by the Supplier, send refill reminders to current product users, and build relationships with new pet owners. These communications would include the name of the recipients’ veterinarian and, at least implicitly, would suggest that the veterinarian recommends the use of the Supplier’s products. It is possible that a veterinarian could be induced to make such a recommendation by the Supplier’s offer of free marketing services.

Specifically, with respect to marketing service, the Program: (1) provides participating

Westchester-Rockland Veterinary Medical Association 7

Register Now for NYS-VC Spring April 21-23 in Tarrytown!

provided for in Education Law § 6511. Such penalties can include the following:

1. Censure and reprimand;

2. Suspension of the veterinarian;

• Wholly, for a fixed period of time;

• Partially, until the veterinarian successfully completes a course of retraining in the area to which the suspension applies; or

• Wholly, until the veterinarian successfully completes a course of therapy or treatment prescribed by the regents.

3. Revocation of license;

4. Annulment of license or registration;

5. Limitation on registration or issuance of any further license;

6. A fine not to exceed $10,000, upon each specification of charges of which the veterinarian is determined to be guilty;

7. A requirement that a veterinarian pursue a course of education or training; and

8. A requirement that a veterinarian perform up to 100 hours of public service, in a manner and at a time and place as directed by the Veterinary Medicine Board.2

IV. Can a veterinarian accept free marketing services from the Supplier in exchange for the veterinarian’s recommendation of the Supplier’s products? No. Based on the information provided, it does not appear that the veterinarian would receive any direct monetary payment from the Supplier. Rather, the

facts presented suggest, it is the veterinarian’s client who would receive the direct benefit of an increased rebate for the Supplier’s products.

However, the veterinarian could be viewed as receiving compensation in the form of free marketing services from the Supplier in exchange for the recommendation of the Supplier’s products. Indeed, the entire Program appears to be premised on the concept that the veterinarians would, at least implicitly, recommend the Supplier’s products by having their names on the Supplier’s promotional materials. This would likely constitute unprofessional conduct as defined by the New York Board of Regents.

The definition of unprofessional conduct includes:

1. Exercising undue influence on the patient or client, including the promotion of the sale of services, goods, appliances or drugs in such manner as to exploit the patient or client for the financial gain of the practitioner or of a third party; and

2. Directly or indirectly offering, giving, soliciting, or receiving or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient or client or in connection with the performance of professional services.3

Receipt of free marketing services from the Supplier could cause

a veterinarian’s conduct to fall within the above enumerated unprofessional conduct standards, which are punishable as misconduct, in accordance with the penalties provided for in Education Law § 6511 (set forth above). For this reason alone, it appears veterinarians would be at risk of committing unprofessional conduct by participating in the Program.

Additionally, the American Veterinary Medical Association (AVMA) offers helpful insight explaining that “a veterinarian may not accept payment of any kind, in any form, from any source, such as a pharmaceutical company or pharmacist, manufacturer of medical appliances and devices, for prescribing or referring a patient to said source. In each case, the payment violates the requirement to deal honestly with clients and colleagues. The client relies upon the advice of the veterinarian on matters of referral and prescribing. All referrals and prescriptions must be based on the skill and quality of the veterinarian to whom the patient has been referred or the quality and efficacy of the drug or product prescribed.”4 The Program appears to also violate this AVMA prohibition, as the free marketing services could be considered to be in exchange for the recommendation of the Supplier’s products.

V. Does the Supplier’s program implicate the advertising rules?Yes. Advertising, as defined by the Principles of Veterinary Medical Ethics of the AVMA, is “communication that is designed to inform the public about the availability, nature, or price of products or services or to influence clients to use certain products or services.”5 Generally, New York law permits veterinarians to advertise provided it is in the “public interest.”6

Although the law and related guidance does not define the meaning of “public interest” in this context, one could reasonably conclude that “advertising” that is facilitated through the improper disclosure of client information is not in the “public interest.” Further, to the extent that the “advertising” involves the recommendation of a product in exchange for free marketing services, one could reasonably conclude that such “advertising” is not in the “public interest.”

Jackson Lewis P.C. Albany, N.Y.1NY Educ. § 6530(23).2NY Educ. § 6511.3Rules of the New York Board of Regents, Part 29.1(2) and (3).4Principles of Veterinary Medical Ethics of the AVMA, https://www.avma.org/KB/Policies/Pages/Principles-of-Veterinary-Medical-Ethics-of-the-AVMA.aspx.5Id.6Rules of the New York Board of Regents, Part 29.1(12)

8 Westchester-Rockland Veterinary Medical Association

Join NYSVMS and Cornell University College of Veterinary Medicine for the 4th annual NYS-VC Spring, April 21-23 at a brand-new location—The Doubletree by Hilton in Tarrytown, NY. Registration is now open at www.nysvc.org with discounted early bird rates available through March 20, 2017.

This year’s event features 84 education sessions with four tracks for the whole veterinary team. You can earn up to 21 credits by attending this three day event. Highlights include: Endocrinology-Hypophysectomy in the Dog and Cat with Endocrine Disease and Post-operative considerations of the Hypophysectomy patient; Oncology-Diagnostics and staging for the Common Tumor Types, Managing Common Side Effects of Cancer Therapy and Palliative and End of Life Care; Controlled Substances and a veterinary technician track.

The exhibit hall will showcase vendors representing all aspects of the veterinary profession. The conference is also the chance to network with fellow veterinary professionals in a social setting. The Welcome Reception Friday night features our exhibitors displaying their products and services as well as complimentary happy hour and hors d’oeuvres. On Saturday night, attend the popular Purple Party, Silent Auction and Wine Wall. Be sure to bid on festive

Register Now for NYS-VC Spring April 21-23 in Tarrytown!

ASSOCIATION

items and enter the popular Wine Wall drawing. For every Wine Wall ticket, a participant will take home a gift wrapped bottle of wine valued between $30 and $100! The funds raised benefit the Veterinary Political Education Committee and the NYSVMS scholarship.

On Friday, April 21, NYSVMS will be honoring Assemblyman Kenneth Zebrowski, Esq., Assembly District 96 (Rockland County) with the NYSVMS Star Legislator Award. This award was created by the Society to honor a state legislator who has demonstrated his/her commitment to working with the NYSVMS and the entire veterinary medicine profession to safeguard the veterinarian’s professional scope of practice, and assure the protection and well-being of animals.

All conference events will take place at the DoubleTree by Hilton Tarrytown, 455 South Broadway, Tarrytown, N.Y. To reserve a room, call (914) 631-5700 or (800) 474-4260 or go to www.tarrytowndoubletree.com (enter group code VMS). Parking is complimentary! To receive the discounted conference rate of $149 (plus applicable taxes) per night, be sure to make your reservations by March 20, 2017!

Special thanks to the NYS-VC Spring sponsors: Simmons, Best Pet Rx, Monarch Business Consulting, Merial and TD Bank.

Register now at: www.nysvc.org.

Scenes from last year

Special thanks to the NYS-VC Spring sponsors:

Westchester-Rockland Veterinary Medical Association 9

Today as I write this, Feb. 17, it is my father’s birthday, so I am writing this in memory of Burt!

Ian Wetherly had a scare this past month. He almost lost his leg due to a circulation problem, but thankfully, doctors were able to save his leg. He had been in rehab, but came out the very same day as his “famous” Groundhog Day party. Thank you, Ian and Jan, for letting me share in your celebration! Ian, you are handling being one of our elder statesman very well!

For us skiers, the season started off phenomenally, slowed down, and has since recovered. We are all very happy with our days off and between Hunter Mountain and Killington, we veterinarians are being well represented locally. We all hope to be skiing into April!

I am going to be sentimental because of this special day, but also because it was Valentine’s Day. I’ve been thinking about all the veterinarians I know and their spouses. Maybe I am just in a good crowd, but there are

so many husband-and-wife teams in my inner veterinary circle who have been happily married for so many years. There has to be something special for these couples to stay together with our crazy hours and work commitments!

A few years ago we took my parents out into the city for their 55th wedding anniversary. Of course, I had to brag to everyone that my parents were celebrating this wonderful occasion. A man at the table next to us asked my father what the key was to

such a long, successful marriage. Without blinking an eye (my mother already had dementia and she was being difficult at times) he said “Look at her—how can you not just love her forever!”

So, to Howard and Jodi; Bob and Ronna; Peter and Laura; Ian and Jan; Mike and Cookie; Alan and Ann; and everyone else, hope you had a Happy Valentine’s Day!

Dr. Mo

Maureen Saunders, DVM

Lisa Annunziato works full-time as a veterinary sales rep., so taking on the additional role as the executive assistant for the WRVMA was a natural fit, since she already knew many of the members for quite a few years. Previous to sales, Lisa was an elementary school teacher. She has a B.S. in Psychology and a M.A. in Education. When she isn’t working, she does freelance writing, spends time with her beloved dogs, donates time to charities for animal welfare and poverty alleviation and does her best to make her friends laugh.Lisa can be reached at itlnrose0310@yahoo.com.

Lisa with her dogs Chili, a shepherd mix left and Rosie a black lab, right.

10 Westchester-Rockland Veterinary Medical Association

Member Happenings ASSOCIATION

WRVMA Welcomes New Executive Assistant

April 4 TBD

May 2 Speaker: Joerg Steiner, DVM Topic: GastroenterologyFor more information, go to: www.wrvma.org.

Lisa with her dogs Chili, a shepherd mix left and Rosie a black lab, right.

Westchester-Rockland Veterinary Medical Association 11

New York State Education Department

Board for Veterinary Medicine (518) 474-3817, Ext. 210

License Registration/Renewals (518) 474-3817, Ext. 410

Pre-registration (518) 474-3817, Ext. 250

Office of Professional Discipline (800) 442-8106

New York State Department of Health

Bureau of Narcotic Enforcement (866) 811-7957

Communicable Disease Questions (518) 474-3186

New York State Department of Agriculture and Markets

Rabies Lab (518) 869-4526

Rabies Certificate Questions (518) 457-0707

Important Phone Numbers and Contacts

Drug Enforcement Agency

New York State Division (800) 882-9539

NYSVMS

Albany Headquarters (800) 876-9867

NYSVMS Affinity Partners

Bruneau Saxton (800) 387-0685

Care Credit (800) 300-3046, Ext. 4519

EnergyPlus (877) 770-3372

TekCollect (866) 652-6500

USI Affinity (210) 524-2030

NEWS TO USE

Upcoming CE lectures

CLASSIFIEDSVeterinarian seeks per diem in Westchester Experienced, previous practice owner, 1970 KSU graduate. I enjoy client contact, prefer to be in the exam room. I am available, thoughtful, honest, teacher in approach. Call Gary G. Swails, DVM at (917) 763-5832 or email: garyswails9@gmail.com.

CALENDAR

12 Westchester-Rockland Veterinary Medical Association

Hall of veterinary healthVOLUNTEER AT THE

AT THE GREAT NYS FAIR!

NYSVMS will once again host the Hall of Veterinary Health at the Great NYS Fair in Syracuse, promoting veterinary medicine to the public in a fun, hands-on way.

Volunteers are needed to staff the Hall each day. Several new interactive exhibits were added last year including Comparative Anatomy featuring real animal skulls, Dress Like a Surgeon, Teddy Bear ER, Journey Through Imaging, Preparing your Pet for a Vet Visit and Building your own Stethoscope!

The Hall also features daily live presentations with animals ranging from reptiles to birds to mini ponies as well as daily first aid demonstrations.

Volunteers receive two complimentary admission passes and one parking pass. If you are interested in volunteering, please send your name, address, email, phone number and the date(s) you would like to volunteer to staff@nysvms.org.

Check out the Hall of Veterinary Health section on our website: www.nysvms.org which includes a video of highlights from last year’s event.

Photos by: Photography With TLC

WWW.NYSVMS.ORG