Veterinarians play an important role in society by treating domestic and wild animals and ensuring their well-being. However, even an unsatisfied customer's slight mistake or accusation can attract severe disciplinary action. You should act fast to protect your career if you are a veterinarian, are accused of professional misconduct, or face criminal charges. The Veterinary Medical Board can suspend or revoke a veterinarian license if the holder faces a statement of issues or an investigation. This board typically falls under the California Department of Consumer Affairs.
If the board imposes a citation, fighting it is also important because it will automatically become a public record. Prospective customers and employers can easily access the citation, but this can work against you. You should consult a competent licensed attorney if you face any accusation related to your veterinary profession. At the San Luis Obispo License Attorney, we have a reputable team of attorneys with experience handling all stages of veterinary license defense.
The Role Of Veterinarians
Animals play a vital role in the lives of people. In most homes, pets are great companions and members of the family. They also provide security and prevent rodents that spread diseases from entering people's homes. Veterinarians are professionals trained to treat different types of animals.
A veterinarian can treat animals in zoos, farms, and game parks. You must protect the families, pets, and the public by doing the following:
- Carrying out advanced surgeries
- Treating common animal diseases and
- Administering preventative vaccinations
Sometimes, you can be requested to offer services as a food safety expert for the government or inspect livestock.
You must commit time, effort, and cost to qualify as a veterinary doctor. In addition, you require knowledge and practical experience to secure a veterinarian license. Sadly, your license could be at risk of suspension or revocation because of a single mistake. A disgruntled customer can file a complaint against you because of unrealistic or unreasonable expectations. If this happens, you should seek the advice of a skilled attorney to help you defend your professional license.
The Denial Of Veterinary License By The Veterinary Medical Board
There are various reasons why the Veterinary Medical Board can deny you a veterinary technician license or a veterinary doctor license. Some of the common reasons can be:
- Making misstatements while applying for the license
- Certain criminal convictions
The law allows you to contest the board's decision if it denies you a technician or veterinary doctor license. You can do this before the Office of Administrative Hearings in a Statement of Issues trial. However, it is important to follow the right process and present your case appropriately to persuade the board to give you the license for your practice. If the board denies your initial license application, an attorney can help you appeal the board's decision.
Veterinary Medical Board Accusations
The Veterinary Medical Board can sanction or revoke your professional license as punishment if you are guilty of professional misconduct. The common allegations that can be filed against you include:
Aiding And Abetting Unlicensed Acts
This encompasses helping people who do not have a license to practice veterinary medicine to carry out or provide services that require a license. This is a serious offense that can put animals in danger from unlicensed people. It also undermines the board's regulations, guaranteeing the safety and quality of veterinary care.
Failing To Notify The Board About Animal Abuse
Veterinary technicians and veterinarians can establish signs of animal neglect or abuse. In most jurisdictions, veterinarians have the obligation to report animal abuse or neglect to the relevant authorities. If you fail to report, it will be considered a violation of legal duty or neglect of the animal's welfare.
False Advertising
False advertising can constitute making untrue, deceptive, or misleading statements concerning:
- The services provided
- The qualifications of the veterinary staff, or
- The effectiveness of the treatment
False advertisements can lead customers to make wrong decisions about their animal's care, which can result in harmful or ineffective treatment.
Negligence
Negligence means failure to offer a standard of care that a reasonable technician or veterinarian can provide under a similar situation. This can include:
- Failing to offer essential post-operative care
- Surgical errors
- Incorrect treatment, and
- Misdiagnosis
Negligence can cause deterioration or harm to an animal's health and is a popular ground for accusations and legal action.
Cruelty to Animals
Cruelty to animals constitutes any act that inflicts unnecessary harm or injury on the animals. In the context of veterinary care, this can involve:
- Neglecting the animals' welfare
- Carrying out procedures in a manner which inflicts undue distress or pain
- Harsh treatment at the time of handling the animal
The above behavior violates the professional and ethical standards required in veterinary medicine.
The board will give you less than 15 days to respond and file a notice of defense if it serves you with a notice that your license is at risk of being suspended or revoked. You will face a default judgment if you fail to respond appropriately within the designated period. A default judgment strips you immediately of your veterinary license. If this happens, you will not be allowed to participate in the practice of medical care for animals in California.
Filing an Allegation
Any person can file an allegation against you if he/she believes your behavior or activities can cause harm to animals. An accusation can only be admissible before the board if it has firsthand and verifiable information. The board reviews anonymous allegations, which must have documented evidence to support them.
The board receives hundreds of allegations about the behavior of veterinarians, unlicensed individuals, and conditions in veterinary facilities. The initial review of the claims will determine if the board has jurisdiction. The board's powers to investigate an allegation against you are restricted to administrative violations of the California Veterinary Medical Practice Act. This can include sanitary conditions in your facility, unprofessional behavior, fraud, deception, incompetence, and negligence. The law requires the board to give priority to the accusation review process.
The California Business and Professions Code Section 4875.1 highlights the areas the board should prioritize when reviewing the accusations. There is an initial trial process based on the allowable priorities and as part of the initial allegation review process. This is where the analyst examines the accusations to establish if the board has jurisdiction. The board will drop the allegations against you if the initial review shows the claims are about a fee disagreement or collection methods. The board will notify the complainant that it has no jurisdiction to handle the case. It will give the complainant details, highlighting minor accusations and court action procedures.
The board will serve you and the complainant acknowledgment letters once initial triage is finished and jurisdiction is determined. They will be ready to respond to specific questions, medical records, and narrative statements depending on the accusations filed against you. The analyst will also ask for records from other agencies involved in your case. He/she will review the complaint file upon receiving the requested details. The analyst will then take the file to:
- The Board Consultant for review
- The specialty care and treatment cases
- A complaint-related inspection
- A formal investigation, or
- Drop the case
Additional Investigation Of The Accusations
The allegations against you will be forwarded to the Director of Investigation if your case is referred for formal investigation. The director will seek sworn statements, which include details of the allegations, and respond to specific questions about the allegations. The investigation details will be kept secret to ensure that the inquiry process is not interfered with. The analyst will review the information gathered once the investigation is finished. After review, the analyst will forward the case to the board consultant or expert. The board will do the following based on the reviews and determinations:
- Issue a citation and fine
- Forward the case to the Office of the Attorney General
- Close the complaint
Issuing a Citation and Fine
In 1990, the Veterinary Medical Board established a citation and fine disciplinary action to augment the allegation review process. The board uses this disciplinary action to deal with unlicensed and licensed veterinarians who commit offenses. This punishment permits the board to address law violations that do not attract suspension or revocation of a license or criminal conviction. The board enacted the law, which offers a flexible guide to establish a fair civil disciplinary action related to the nature and severity of the offense.
A fine was also established for any allegation that does not withstand any other provision of the law. The board uses a fine for you to satisfy an assessment based on the findings of the law. The fine is typically used as a satisfactory remedy to the case for purposes of public disclosure. Paying a fine will not encompass an admission of the violation charged if an appeal is not made.
Forwarding Your Case To The Office Of The Attorney General
Your case will be submitted to the office of the Attorney General for formal punishment once the accusations are confirmed and are severe enough. A formal legal document known as an allegation will be drafted once the office of the Attorney General accepts your case. The first public document in the disciplinary process is an allegation. The board's executive officer will be the complainant once he/she signs the allegation. The Attorney General will schedule a hearing date, and the documents will become public information following the filing of the allegations. The board must show by "clear and persuading evidence to a reasonable certainty" during the hearing that the accusations are true. In this case, the individual who submitted the initial complaint can testify.
In most situations, your legal team and the Deputy Attorney General representing the board can negotiate stipulated agreements before the hearing. Stipulated agreements can include a proposal for a fair disciplinary action and admission to one or more of the alleged crimes. The agreements' terms and conditions are normally based on the board's disciplinary guidelines.
The Administrative Law Judge will be in charge of the hearing if it goes to a full administrative hearing. The judge will issue a "proposed decision" after the hearing. The law requires the judge to give their findings and recommend the solution to your case. In this case, the judge can recommend probation, suspension, revocation, or dismissal of your case. The board's disciplinary guidelines will help the judge formulate their recommendation.
The judge's proposed decision will be served to the board members for voting. If the members vote in favor of the judge's recommendation, it will be final 30 days after adoption unless you appeal the ruling. The board will request and review the hearing transcript if the members vote against the judge's proposed decision. They rule after soliciting written arguments from your legal team and the board's counsel. Your case will enter into public records once the board makes its final ruling. At this point, the copies will be available upon written request. The period involved in the punishment process is usually two years minimum.
Accessing Disciplinary Actions
Anyone can access your disciplinary action using the board's "Online License Verification" page. The board always works hard to provide accurate and up-to-date information to the people, but technical or human error is possible. Possible delays in updating or posting information also exist. The board, therefore, cannot assure people that the information is accurate.
Unless you secure a court-ordered stay of the board's decision, its decision on your punishment becomes effective on the "effective date" shown on the decision. This will happen after the board has posted the disciplinary action. The board usually adopts formal punishment during quarterly meetings that are set regularly.
Find a Reputable License Attorney Near Me
Considering your time and commitment to acquiring your veterinarian license, you should not give it up without a fight. If your license is at risk, you must move fast and contact an attorney to help you file a defense against the allegations filed against you. You should not try to face the board on your own because you will be disadvantaged. Work with an attorney who specializes in license defense. At the San Luis Obispo License Attorney, we have experienced attorneys who can protect your veterinarian license. Whether the allegations against you are minor or intricate, our attorneys can assist. Contact us at 805-465-2766 to speak to one of our attorneys.
