A veterinarian is a professional licensed to practice veterinary medicine. As a veterinarian, your primary roles are to diagnose, treat, and prevent animal ailments and injuries. Because the profession requires specialization, you must undergo studies and relevant tests to acquire a professional permit that allows you to provide services. It is a crime to provide veterinary services without a valid permit.
Despite the hard work you put into obtaining your license, an investigation or a statement issued for a violation from the California Veterinary Medical Board could threaten your accreditation, leaving you unable to practice. At San Luis Obispo License Attorney, we understand the effort and resources you have put into securing your accreditation or qualifying for a license. Our attorneys will defend you against your allegations or help you with the permit application to secure a fair verdict.
California VMB Establishment and Mandates
The Business and Professions Code (BPC) § § 4800-4917 governs veterinary medical practitioners. The statute establishes the California VMB, an umbrella of the Department of Consumer Affairs (DCA). The association has a mandate to ensure that individuals licensed to practice veterinary medicine are qualified and are guided by the ethical standards of the practice.
The association comprises seven members: four who are accredited veterinarians with at least five years of experience and three members of the public who have resided in California for at least 60 months. The composition ensures that the high standards of the clinical field are maintained and that the primary objective, which is public protection, is achieved.
To achieve the VMB’s objectives, the board performs the following responsibilities:
- Regulating the industry by crafting industry performance standards and codes of conduct
- Approve academic credentials, conduct relevant license application tests, and ethics and law exams
- Enforcing codes of conduct and professional standards for accredited veterinary medicine practitioners
- Receiving allegations from aggrieved parties
- Investigating complaints
- Imposing license restrictions or penalties for veterinarians found culpable
When the board receives a complaint against you, they assign the case to an investigator. Even though you should cooperate with the investigators, do not assume they are neutral in the matter or that you can talk yourself out of the problem. The investigators are looking for evidence to corroborate the claims, and they are not on your side. Therefore, when you receive an investigation notice from the board, contact an experienced veterinary medicine license defense attorney for guidance on how to approach the allegations.
Common Allegations Against Veterinarians
While you could be providing excellent services to your clients, an aggrieved customer can lodge a claim against you, jeopardizing your career. No one is safe from complaints, even the best in the industry, making it paramount to familiarize yourself with the common complaints you could face. The allegations that could apply in your situation include:
Negligence and Incompetence in the Execution of Duties
BCP 4848 requires the California VMB to examine applications from various applicants and verify that they meet the required accreditation standards. Also, the association administers several tests to assess applicants’ competency. The exams include:
- A national license examination
- An exam from California VMB
- An exam on the laws and regulations of the Practice Act in veterinary medicine
If you are a veterinary medical student from Western University of Health Science and the University of California, and have completed an ethics and law exam approved by the board, the exams will be waived.
Whether you have received an exam waiver or have passed the licensure exams and have been issued a practising license, it means you have demonstrated skills and competence to offer veterinary services. The board expects you to follow the set guidelines and procedures when administering complex treatments.
Failure to observe these guidelines in the performance of your responsibilities amounts to incompetence, gross negligence, or ordinary negligence. It may trigger an investigation and possible disciplinary measures if the allegations are true.
When proving negligence, the board shows that you possess the ordinary skills a veterinarian should apply in your situation, but you failed to exercise these skills.
Accusations of negligence often stem from anesthesia mishaps, when you miss a crucial step in administering treatment, such as measuring an animal’s weight or administering the wrong anesthesia dosage. Also, the board will scrutinize allegations of anesthetizing an animal and then leaving them unattended.
Additionally, incompetence allegations include making surgical errors or inaccurate diagnoses. These demonstrate a lack of training and experience in veterinary medicine, and when reported to the board by a colleague or client, can trigger an investigation and possible disciplinary action.
Breach of Veterinarian Client/Patient Relationship
Even though your relationship with clients and patients can seem straightforward, BPC 4826.5 clearly outlines the interactions, formally known as VCPR. The formal relationship starts when:
- You, the veterinarian, assume the role of making medical judgments regarding the health of an animal, the need for treatment, and the client has consented to the instructions.
- You have a proper understanding of the animal to commence an overall or preliminary diagnosis of its problem. It means that you have physically examined the animal for at least the last twelve months, based on age, medical condition, or the treatment you are administering.
- You are available to provide ongoing care to the patient or have arranged for the patient’s emergency care or continuing treatment by an accredited veterinarian.
- You have a complete and legible medical record of the patient, including examinations and treatment, such that another veterinary medical professional can continue the treatment in your absence.
Unfortunately, a violation of the requirements for the relationship can trigger a disciplinary proceeding. Violations are common nowadays because veterinarians in VCPR maintain the relationship through email, social media, or telephone. If your client contacts you about an ongoing problem, you can prescribe medication, such as antibiotics, without an in-person exam within the past 12 months. Even though your actions seem innocent, you are a violation of VCPR. Also, you can breach VCPR when you prescribe medication to a patient solely based on the client’s description, without a hands-on evaluation.
Professional Misconduct
Another common allegation you could face while providing services is professional misconduct or unprofessional conduct. California VMB outlines the ethical standards you must adhere to when performing duties. Acting outside these standards can trigger disciplinary action.
One common accusation of unprofessional conduct is having a criminal conviction that is substantially related to your profession. Examples of these convictions include DUI and drug crimes. If you are convicted of these charges, your ability to provide quality and uncompromised veterinary medical services is in doubt, and can trigger license revocation or suspension.
Similarly, a violation of controlled substances, such as self-administering patient medication, dispensing prescriptions devoid of VCPR, or poor disposal, can result in a disciplinary proceeding.
Also, failure to maintain patient medical records for at least 3 years without patient identification, results from physical examinations, patient history, or treatment plans, amounts to unprofessional conduct.
Engaging in sexual behavior with patients is also professional misconduct and a breach of VCPR. Other examples of professional misconduct include:
- Hiring unlicensed assistants
- Committing fraud
- Practicing without a valid permit
- Executing your roles while under the influence of controlled substances or alcohol
Even though these accusations are serious, they are not hopeless. The board investigators must justify them before a formal accusation goes to the attorney general’s office for the administrative hearing, where you are given the chance to defend yourself. So, you can retain the services of a competent professional license defense lawyer to contest the allegations for a fair outcome.
The Administrative Process
Any veterinary medicine license holder is at risk of an allegation from aggrieved clients or colleagues, making it necessary to understand the administrative process that follows once the VBM receives the complaint. The best course of action is to hire a professional license defense attorney who understands the process, the possible challenges you could face, and how to maneuver them to preserve your accreditation.
When the VBM receives an allegation against you, it evaluates it to determine if it has merit or can be substantiated. If they cannot substantiate the claim, the complaint is dismissed. However, when the allegations have merit, the association will notify you of a pending investigation. You should take the notice seriously because your license and livelihood are on the line. It is advisable to hire an attorney at this stage to help you navigate the process. The attorney will assist you in answering questions that the investigators pose to you to avoid making any self-incriminating statements.
Moreover, as the investigators gather evidence to prove your wrongdoing, your defense attorney will also be collecting evidence to prove your competency and professionalism.
In minor cases, your lawyer can negotiate with the VBM to impose a reasonable disciplinary action against you, which can be in the form of a private reprimand, citation, or fine. If the fine is high, the attorney will negotiate for a reduction. Furthermore, they will fight to ensure that your reprimand does not become public, as this could dent your reputation.
Not all cases that merit an investigation are pursued. The board will drop the accusations if investigations show there is insufficient evidence to prove a violation. In these situations, the board could request a review. However, before you attend one, consult with your attorney for guidance.
In severe cases, the board can impose an interim suspension to prevent you from offering services until the complaint is heard and determined. Although they do this in an attempt to protect the public from harm, failing to practice your profession for months before the case is concluded can damage your career significantly. Your lawyer can petition the board to lift your suspension and provide mitigating factors in an attempt to reactivate your license.
After investigations, if the VBM is satisfied that the accusations are merited and supported by sufficient evidence, they will send a formal accusation notice and a statement of issues. Your defense attorney will explain the details of the statement and follow the steps provided to defend your case.
Typically, you have fifteen days from the formal accusation date to file an answer or defense notice. Should you fail to file your notice within the required time, you will incur a default judgment, and your license will be automatically suspended or revoked by the board. Your lawyer will ensure that you comply by filing your answer within the required time.
Once you file your answer, you will move to the discovery phase, whereby the board will reveal to you all the evidence they have against you. Your lawyer will study the evidence to identify loopholes in it to negotiate a settlement before your case is heard in an administrative hearing. A settlement negotiation aims to mitigate or reduce the disciplinary action you could face if the case proceeds to the administrative law judge (ALJ) and you end up with an unfavorable verdict.
If no settlement is arrived at, your attorney must prepare adequately for the administrative hearing by collecting exculpatory and mitigating evidence. In the proceeding, your attorney will contest the evidence submitted and use their negotiation skills to negotiate a fair result.
The ALJ relies on the VBM disciplinary guidelines to recommend appropriate disciplinary measures based on the hearing. However, they have the discretion to adjust the measures contingent on the mitigating and aggravating circumstances. The measures issued by the ALJ are mere recommendations, which the board may adopt or disregard. An experienced license defense attorney will put up a spirited fight to have the case dismissed or receive lenient disciplinary measures.
Possible Penalties a Veterinarian Could Face After an Administrative Hearing
BPC 4875 outlines the penalties the VBM can impose after an unfavorable verdict in an administrative hearing. The common penalties include license suspension or revocation.
Alternatively, the board can impose a monetary fine of up to $5,000 for a violation of BCP 4883. The licensing agency imposes the fine in place of, or in addition to, license cancellation or withdrawal.
A suspension or withdrawal of your permit bars you from practicing for a specified period. Conversely, a revocation or cancellation bars you from ever practicing veterinary medicine. A permit revocation should not mean that your career is over. Your attorney can take measures to restore the license. Furthermore, they could secure a probation order to keep the revocation, allowing you to practice but under strict confines. However, revocations are rare and happen in severe cases.
Find a Skilled Veterinarian License Defense Attorney Near Me
Is your veterinarian’s license in jeopardy? Perhaps you have been issued an investigation notice or formal accusations. Several factors can trigger a disciplinary process by the VBM, including gross negligence, incompetence, and professional misconduct. Whatever the source of your accusations, we at San Luis Obispo License Attorney are available to defend your license. Call us at (805) 764-9771 to navigate the complex administrative process.
