A veterinarian is an animal doctor. Veterinarians use their knowledge and expertise to diagnose, treat, and manage various animal conditions. Like other doctors, you must undergo extensive education, training, and licensing to become a veterinarian in California. The Veterinary Medical Board is the body responsible for regulating and licensing veterinarians.

This board sets practice standards that all licensed professionals must follow. Failure to do this can result in investigation and potential discipline. Most of the violations for which you can be cited as a veterinarian involve the failure to follow ethical standards, incompetence, and violation of California laws.

Becoming a licensed veterinarian is an investment of time and money. Therefore, if you are notified of a pending investigation against you, you must aggressively fight it. If your veterinarian license is under investigation in Fresno, CA, you will benefit from our expert legal guidance at Fresno License Attorney.

Duties and Responsibilities of Licensed Veterinarians

Veterinarians are highly skilled medical professionals who deal with animals. After completing the relevant education and obtaining a license, a veterinarian can perform the following duties and responsibilities:

  • Examine the animals and diagnose different health conditions.
  • Treat and dress wounds.
  • Perform surgical procedures on animals.
  • Test animals for diseases and vaccinate them.
  • Administering anesthesia to animals that require invasive procedures
  • Operate medical equipment to diagnose conditions, including X-ray machines and CT scanners.
  • Advise animal owners on different medical conditions and care for their animals.

Role of the Veterinary Medical Board (VMB)

The VMB is a government agency that regulates and licenses veterinarians in California to protect consumers and animals. The board fulfills its goal and mission by setting standards of veterinary medical practice that must be strictly followed by all individuals seeking to obtain and keep their licenses.

The primary roles of the VMB include:

  • Licensing. After you have completed your medical school, the VMD will administer a licensing examination, which you must pass to receive a right to practice veterinary medicine in the state.
  • Setting regulations. Another role of the VMB is to set rules that must be followed by all professionals who receive a license.
  • Investigation of complaints. The incident is reported to the board if a veterinarian engages in misconduct, unlicensed practice, or another violation. The VMB will perform further investigations and schedule a disciplinary hearing.
  • Imposing discipline. The final role of the CMB is to impose different forms of discipline against licensed veterinarians. If you are determined to be at fault for a violation, you may face penalties ranging from small-scale measures like a reprimand to major measures like license suspension and revocation.

Licensed Veterinarians' Allegations

If any of the following accusations are made against you as a licensed veterinarian in California, you may be subject to an investigation and possible disciplinary action by the Veterinary Medical Board:

Animal Cruelty

As a veterinarian, you are responsible for protecting the health and safety of the animals you treat. You could be reported to the board for cruelty against an animal if you cause harm or expose the animal to harm. In this case, a report could be made by your employer or the animal owner.

Gross Negligence

A veterinarian's role could include advising animal owners on general care or performing major animal surgeries. The VMB mandates that you exercise reasonable caution to ensure the safety of all your clients. Gross negligence involves acting in a way that places the animal at risk of severe injury or death. Often, this is more than simple carelessness and can cost you your veterinarian license.

False Advertising

Veterinarians work in different environments, including hospitals and private practices. You must advertise your services correctly if you operate a private veterinary medicine practice. Advertising for services you do not offer or other misleading advertisements is a violation that could land you in trouble with the VMB.

Fraudulent Billing

You may need to bill the clients when you offer your veterinary services in California. You can be cited for fraudulent billing if you engage in acts that could result in financial loss for the insurance company and undeserved gain for you. Some of these acts include billing for services not provided and excessive billing.

Substance Abuse

The use of alcohol and drugs can impair your ability to offer safety services to your clients as a veterinarian. Although what you do in your personal life is private, it can be a reason for losing your license if it impacts your competence. The use of drugs and alcohol may be reported in cases where you attend to the animals while intoxicated.

Failure to Report Abuse of Animals

The goal of the VMB is to protect animals from harm that negligent acts by veterinary professionals could cause. If you fail to report abuse that has happened to an animal, you could face further investigation and punishment even when you are not the abuser.

Unlicensed Practice

You must have a valid license to practice as a veterinarian in California. If your application for a license is denied or suspended, you cannot legally practice. Some clients will want to review your license before you offer medical services to their animals and can report you to the board for practicing without a license.

If you practice with a suspended license, the board can impose further disciplinary action, including revocation.

Criminal Convictions

Facing an arrest and criminal charges in California can be nerve-wracking. This is because of the thought of facing time behind bars. However, for a licensed veterinarian, there is an added risk of the conviction's impact on your record. Following your conviction, the law enforcement department will notify your licensing board. This will result in further investigation and potential discipline.

The nature of the disciplinary action the VMB will impose on your license varies depending on the nature and severity of your conviction. The following offenses can put your veterinarian license in jeopardy:

  • Assault(PC 242)
  • Robbery(PC 211)
  • Child abuse(PC 273)
  • Murder(PC 187)
  • Domestic Violence (PC 13700 b)

Acting Outside the Scope of Your License

When you pass the licensing examination and the VMB allows you to practice as a veterinarian in California, there is a scope within which you must practice. Offering services beyond what is allowed by your license is a violation that can result in disciplinary action.

Aiding Unlicensed Practice

You aid unlicensed practice by employing unlicensed assistants or allowing individuals to offer services in your facility. Although this can result in allegations against the unlicensed professional, you could also risk your license for engaging in such behaviors.

The Veterinary Medical Board Disciplinary Process

If you are reported to the VMB for a violation, you must go through the disciplinary process, which takes the following steps:

Complaint

Your disciplinary case begins when a complaint is made against you to the board. These complaints are made through phone calls, emails, or reporting websites. A complaint of misconduct by a veterinarian can be made by licensed facilities, employers, animal owners, and the law and enforcement department.

Initial Review

After receiving a complaint, the VBA reviews it to determine whether it falls within its jurisdiction before proceeding. Complaints outside the VMB's jurisdiction are transferred to the appropriate authorities.

Investigations

Complaints within the BVMB jurisdiction go through the investigation stage. This involves the appointment of an investigator to spearhead the case. The investigation will include collecting relevant evidence, interviewing witnesses, and reviewing criminal records.

Stipulated Agreement

You have a right to be notified of pending allegations against your license. After receiving the notice, you can respond to the board. This lets them know your intentions to battle the allegations.

You will have up to fifteen days to respond to the board after receiving your notice. If the board has sufficient evidence to support the allegations against you, they can propose a stipulated agreement.

With this type of agreement, you admit to committing the violations and allow the board to impose disciplinary action instead of going into an administrative hearing. Although entering this agreement can allow you to negotiate severe lease action, you should not accept it without speaking to your licensed defense attorney.

Discovery

Before the VMB schedules a hearing, you will be allowed a discovery phase, often thirty days long. During this time, you can learn about the evidence the board intends to use in your case.

Under California Government Code 11507.6, you can obtain all witnesses' addresses and contact information in your case.

Formal Hearing

The board will schedule a formal hearing, which you must attend. The allegations against you will be brought up at this hearing, and evidence will be presented. You and your attorney can present your defense and cross-examine the witnesses presented to testify against you in the case. The administrative law judge presiding over your case has up to thirty days to give their decision.

Final Decision

The ALJ's decision in your case is not final. Under California Government Code 11517(c)(2), the board will review it before modifying, accepting, or rejecting it.

Appeal

The VMB’s decision on your case is not always favorable and could include action that takes away your right to practice veterinary medicine. If you are unsatisfied with the decision, you can appeal the decision. The deadline for appealing the decision is sixty days after the ruling.

Upon receipt of your appeal, the board members will vote on whether you are eligible for an additional review of your case.

Veterinary Medical Board Disciplinary Action

After an exhaustive inquiry and administrative hearing, the board will decide whether to take appropriate action against your license. Depending on the type of infraction, the number of offenses you committed, and your criminal history, disciplinary sanctions might range from light to severe. The VMB may apply any of the following sanctions to you:

Reprimand

A reprimand serves as a warning to refrain from misbehavior and violations of the VM's code of conduct. You could escape with such a warning if your violation is minor and you have no history of other violations. Although the reprimand does not affect your practice, it remains on your record.

License Probation

When your veterinary license is suspended, you can continue to practice in the field. To keep the license, you must abide by the board's limitations and requirements. Several of these requirements deal with undergoing rehabilitation and ongoing education. In addition to these terms and conditions, your license will undergo ongoing surveillance. The board can restrict where you work and the duties you are allowed to perform.

License Suspension

A veterinary license suspension is an action where your right to practice is taken away from a specific period. The board will impose some conditions you must follow during the suspension period. If the suspension period has elapsed and you have followed the conditions, you can file a petition to reinstate your license.

License Revocation

For licensed veterinarians, a license revocation is the most dreaded outcome of a disciplinary proceeding. This type of action is a form of finality and could mean the end of your career. While you navigate the disciplinary process, you will require expert legal guidance to avoid severe action like license revocation.

Find a Reliable License Defense Attorney Near Me

As a licensed veterinarian in California, your professional license is your lifeline in the field. The Veterinary Medical Board issues the licenses and oversees the practice of professionals to ensure compliance with the required code of conduct. You could be cited for a violation and face further investigation for conduct, including causing harm to an animal, incompetence, substance abuse on the job, fraudulent billing, and practicing without a valid license.

To verify the accuracy of the accusations brought against you, the board will initiate several investigations and conduct an administrative hearing. If it is found that you committed these offenses, the board may take disciplinary action against you, which might seriously harm your life and career.

Battling a professional investigation and disciplinary process in Fresno, CA, can be complicated. Therefore, you must hire and retain a skilled license-defense lawyer. At Fresno License Attorney, we have the expertise you need to prevail in your case. Contact us at 559-777-7040  for much-needed assistance.