Veterinarians are responsible for providing medical care to animals. They diagnose, research, and treat different medical conditions that affect animals. A veterinarian's license is an essential credential that grants you the legal authority to practice veterinary medicine. The California Veterinary Medical Board oversees the practice of veterinary medicine.
This board's main role is to ensure public safety and professional integrity. However, veterinarians may face disciplinary actions for violating the set code of conduct. If an individual or agency reports your conduct to the board, you will face potential discipline against your license. Obtaining a veterinary license involves time, effort, and money.
Therefore, if the board investigates you, you must aggressively fight the allegations to keep your license. At San Diego License Attorney, we offer expert legal insight for clients battling professional license discipline in San Diego, CA.
Responsibilities of Veterinarians
A Veterinarian is an animal doctor. They are responsible for diagnosing and treating sick or injured animals. Their duties include:
- Diagnosing and treating animal diseases: Veterinarians examine and diagnose animal illnesses. From this assessment, they determine the best course of treatment. They use diagnostic tools like blood tests and imaging techniques.
- Providing preventative care. Veterinarians play a crucial role in the prevention of animal diseases.
- Performing surgeries. A Veterinarian performs orthopedic surgeries, ophthalmic, and dental surgeries on animals.
- Educating owners. Veterinarians advise animal and pet owners on general care and treatments, equipping them with knowledge of the best foods for each animal.
- Advice on animal ethics. Veterinarians play a crucial role in animal ethics committees. They advise the committees on the appropriate use of anesthetics and analgesics.
- Training staff. Veterinarians can train animal care staff on animal procurement, transportation, and husbandry.
Role of the California Veterinary Medical Board (VMB)
The VM regulates the state's practice of veterinary medicine. The board ensures that veterinarians meet the required qualifications. Additionally, it mandates them to maintain the competency to care for animals effectively. The VMB handles a wide range of responsibilities, including:
- Licensing Veterinarians and Veterinary Technicians
A significant responsibility of the VMB is the licensing and certification of veterinary professionals. The board establishes requirements that each professional must meet before obtaining a license.
The requirements include completing veterinary education and training and passing the licensing examination. The VMB ensures that only qualified individuals can practice veterinary medicine, helping safeguard the public and animal health.
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Enforcing the California Veterinary Practice Act
The VMB sets the standards for veterinary practice within its jurisdiction. These standards outline what is considered acceptable practice. The board ensures that veterinarians adhere to protocols consistent with current scientific knowledge. It may include guidelines on patient care and ethical conduct.
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Investigating Complaints Against Licensed Veterinarians
Your conduct is reported to the board if you violate the standards of practice or commit a criminal offense. Upon receiving the complaint against you, the board will investigate the company. After the investigation, the board can hold a hearing where you can defend yourself. If the board finds you liable for the violations, it will issue disciplinary action.
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Issuing Disciplinary Actions Against Veterinarians who Violate Regulations.
Veterinarians are expected to adhere to legal and ethical standards in their practice. It ensures the maintenance of animal health and safety. If the board finds you liable for misconduct, it can issue different forms of discipline against your license.
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Collaboration with Other Regulatory Bodies
The Veterinary Medical Board collaborates with other state regulatory agencies. It could include cooperation with public health departments and animal welfare organizations. The collaboration addresses public health concerns and animal welfare issues.
Grounds for Disciplinary Action by the Veterinary Medical Board
The Veterinary Medical Board can start an investigation on you for various reasons. They include:
Unprofessional Conduct
This VMB sets standards for acceptable conduct by licensed veterinarians in California. The following behaviors fall short of the ethical and professional standards:
- Engaging in deceitful practices.
- Failure to maintain professional boundaries with clients or staff.
- Breaching patient confidentiality.
Negligence or Incompetence
Veterinarians play a critical role in ensuring the health and well-being of animals. The VMB requires all licensed professionals to uphold reasonable care. It ensures the health and safety of the animals. Negligence occurs when a veterinarian fails to provide the expected standards of care.
Such actions can result in injuries or death of an animal. Incompetence refers to an inability to perform veterinary tasks to a reasonable standard. A client, employer, or colleague can report you to the board for such conduct. The complaint will trigger an investigation and disciplinary action.
Criminal Convictions
Defendants facing criminal charges in California fear spending time in jail. Veterinarians also fear the professional impact of a conviction. If the VMB learns of an arrest or criminal conviction, it could pursue further investigations against you.
You could face more severe disciplinary action if your crime reflects their inability to offer safe services. Offenses that could jeopardize your veterinary license included:
- Possession of a controlled substance (HSC 11350)
- Domestic Violence (PC 13700 b)
- Murder(PC 187)
- Assault(PC 242)
- Robbery(PC 211)
- Child abuse(PC 273)
Substance Abuse
You can face professional license discipline for substance abuse. You can be reported to the VMB if your substance abuse affects your ability to practice veterinary medicine. The VMB may order rehabilitation as part of its disciplinary process.
Fraud and Misrepresentation
Fraudulent activities include acts like falsifying records or billing for services not rendered. Engaging in such conduct constitutes fraud and can jeopardize your veterinary license. If a person reports you to the board for fraud, you can lose your license in a suspension or revocation.
Practicing without a license
You must have a valid license from the VMB to practice veterinary medicine in California. You can obtain this license by meeting education and training requirements. Additionally, you must pass your licensing examination. Practicing without a permit can result in severe disciplinary action.
Disciplinary Process for Veterinarians in California
The disciplinary procedure is a formal procedure held by the VMB. This procedure holds licensed veterinarians accountable for their professional misconduct. You will undergo the following disciplinary process by the VMB board:
Complaint
A disciplinary procedure by the VMB begins when the board receives a complaint about your conduct. Several incidents can make a file a complaint against you, including:
- Your colleagues
- Your employer
- Your clients
- The law enforcement department
These complaints are made through phone calls, emails, or reporting websites. A person or organization can report you to the board for a wide range of violations, including:
- Fraudulent billing
- Incompetent practice
- Negligence
- Practicing without a license
After receiving the complaint, the board will perform an initial review. The review helps determine whether the complaint falls within its jurisdiction. The complaint transfers the complaints that are outside its authority to relevant departments. Complaints that fall within the VMB's jurisdiction will undergo further investigations.
Investigation
If the board proceeds with the complaint, it initiates an investigation. During the investigation phase, the VMB gathers relevant information, including medical records, witness testimonies, and testimony from the complainant.
While under investigation, the board will notify you of the allegations. After receiving this notice, you must respond. You have up to fifteen days after receiving the notice to respond to the board. You can inform the board of your intentions to participate in the investigations. Additionally, you can notify the board of your intention to fight the allegations.
Investigations are complex and may take several months, depending on the case's intricacy. Therefore, you will need expert legal guidance to navigate the process.
Stipulated Agreement
The board can offer a stipulated agreement if they have enough evidence against you. When you enter this agreement, you take responsibility for the violation. In exchange, you will not undergo an administrative hearing. The benefit of accepting this agreement is the chance to negotiate favorable discipline.
Administrative Hearing
The board will schedule a hearing if you do not accept the stipulated agreement. Before the hearing, the VMB allows a discovery phase, which is often thirty days long. During the discovery phase, you can assess the evidence the board intends to present in your case.
Under GC 11507.6, you can obtain all witnesses' addresses and contact information in your case. An administrative law judge presides over the hearing. You can present evidence and witnesses to dispute the allegations at your hearing. Additionally, you can cross-examine the witnesses presented by the board.
After reviewing all the evidence in your case, the ALJ will have up to thirty days to issue a decision.
Final Decision
The ALJ's decision in your case is not final. Under GC 11517(c)(2), the board will review and change, accept or reject it.
Appeal
The board's decision on your case is only sometimes favorable. Some disciplinary actions take away your right to practice veterinary medicine. You can appeal the decision if the board does not favor you. You have up to sixty days after receiving the board's decision to appeal.
After your appeal, the board members will vote on whether you deserve further review of your case.
Defending your Professional License
Your professional license is your ticket to practice veterinary medicine in California. Therefore, you must take the necessary steps to protect your license if you face an investigation. Defending a veterinary license requires a thorough understanding of the legal process. With the guidance of a reliable attorney, you can protect yourself by:
- Investigating the allegations. Your attorney can investigate the allegations when you receive notice of a complaint against you. It helps to assess their validity. It might include questioning witnesses and reviewing the claims.
- Gathering evidence. Expert testimony is crucial to defending your actions. Expert witnesses can provide a professional opinion on the alleged violations. Additionally, medical records and staff testimonies can play a role in your defense.
- Building a defense strategy. A strategic defense might include challenging the complainant's credibility. You can show that no harm occurred due to your actions. Additionally, your lawyer can prove that you followed the appropriate procedures.
Disciplinary Action by the Veterinary Medical Board
A core function of the VMB is to issue disciplinary actions against professionals. The board problems disciplinary action after an investigation of the allegations. The following are everyday disciplinary actions issued by the board:
Public Reprimand
The board can issue a reprimand for professionals found liable for minor violations. A public reprimand is a notice that warns a veterinarian of unacceptable conduct. A reprimand carries little weight and will not impact your practice. However, it remains in your record and can suffice in subsequent disciplinary proceedings.
License Probation
The board can place your veterinary license on probation for more serious violations. You can still practice as a veterinarian while your license is on probation. However, the board issues conditions you must follow through the probationary period. These conditions include monitoring, continuing education, or compliance with specific rules.
Fines
The VMB may impose financial penalties on veterinarians found guilty of misconduct. Fines are a common disciplinary action for veterinarians found liable for fraudulent billing. The fines serve to deter similar conduct in the future.
License Suspension
License suspension is a severe disciplinary action. You cannot practice during the suspension period when the board suspends your license. Professional license suspension lasts for one to five years. The severity and nature of your violation can dictate the length of suspension. When the suspension period ends, you can petition the board for a license reinstatement.
License Revocation
A license revocation is the most severe disciplinary action imposed by the VMB. After the revocation, you can no longer practice as a veterinarian in California. Revocation is usually reserved for the most egregious violations or repeated offenses.
Find Expert Legal Guidance Near Me
Veterinarians collaborate with clients to find the best treatment solutions for animals. To practice as a veterinarian in California, you need a valid professional license. You obtain your license after completing your education and passing the licensing examination. The VMB issues the licenses and regulates the practice of veterinarians in California.
Violations committed by licensed veterinarians may include incompetent practice, fraud, and unlicensed practice. If the board finds you liable for a violation, it can impose disciplinary actions. These actions could range from simple warnings to license suspension and revocation.
Your veterinarian license is your livelihood. Therefore, you must aggressively fight any allegations about your practice to avoid losing it. If you or a loved one undergo a veterinarian license disciplinary process in San Diego, CA, you will benefit from our expertise at San Diego License Attorney. Call us at 858-665-2455 today to discuss your case.