Allegations of professional misconduct or criminal charges that are significantly related to your duties as a veterinarian can adversely affect your reputation, career, and livelihood. The allegation can trigger the Veterinary Medical Board investigations that might result in disciplinary measures, like probation, license suspension, and revocation.
Riverside License Attorney understands the gravity of the allegations, investigations, and administrative hearings. We can help file your notice of defense, negotiate favorable terms with the board, and represent you before the administrative law judge.
The Role of a Veterinarian
A veterinarian is the only physician educated to safeguard the health of people and animals. They work to address the welfare and health needs of various animal species.
Most veterinarians treat exotic or traditional pets, including cats, small mammals, birds, fish, reptiles, and dogs. Some treat horses only. Others limit their practice to taking care of farm or ranch animals and advise owners on food and medication.
As a veterinarian in academia, you will instruct students, scientists, and medical professionals. You conduct research, take care of animals, teach animals, and develop continuing education programs to help practicing veterinarians obtain new skills and knowledge.
To prevent the introduction of foreign diseases into the U.S., federal and state regulatory authorities have employed veterinarians to inspect and quarantine animals entering the country. They test animals for diseases that could jeopardize human and animal health or the food supply.
A vet also offers animal population control services and advises public health officers on zoonotic diseases, among other ailments that can affect human beings. The vet’s expertise can inform public health policy when a disease outbreak is detected in a given animal population. The vet will offer a perspective on how an ailment is transmitted between humans and animals or among animals.
How to Become a Vet in California
Before applying to the Veterinary Medical Board, you should apply to the American Association of Veterinary State Boards to take the Veterinary Technician National Exam (VTNE). The board administers the VTNE in three testing windows throughout that year, and every application timeframe has a strict deadline. Ensure you refer to the AAVSB to check your application deadlines and applications for every exam window. After you have passed your VTNE and submitted your application to the licensing agency, you should request a veterinary application for uniform licensure transfer for veterinarians.
You should also provide the board with your full name and U.S. Social Security Number.
Every applicant should satisfy at least one of the following pathways to become a Registered Veterinarian:
- A degree in veterinary technician education and Activities
- You have completed the qualifications for an out-of-state applicant registered as a registered veterinary technician in another United States state.
- You have completed a program to assess the equivalence of veterinary education for technicians.
You should submit your fingerprints and pass a background check before the board issues the registration.
Professional License Denial
It is unfortunate that you worked so hard to earn your qualification, only for the licensing board to deny your application. An experienced attorney can assist you in challenging and appealing the license denial that might be unfair or unfounded.
Here are typical reasons why the board might deny your application:
You Failed to Disclose
According to AB 2138, a licensing board should not ask you, a professional licensing applicant, about your criminal record on the licensure application forms. Nevertheless, it does not relieve you of the responsibility to reveal your past convictions. The board could accuse you of making a false statement on your license application if the board finds out about these details after performing a background check.
Most applicants fail to meet the disclosure requirement through a genuine mistake. They might think that they do not have to reveal the conviction because the court expunged it many years ago; therefore, it is not on their criminal record. However, when you present fingerprints, the board accesses the details accessible to law enforcers, including the Federal Bureau of Investigation and the Department of Justice. If you have a previous conviction, the board will discover it.
While a conviction that was dismissed or expunged will not attract professional disciplinary action, you should disclose it. Additionally, you will face a full enforcement review if you are convicted within seven (7) years of your application date.
If the rationale for the application denial is failure to reveal, it is not enough to argue that you were unaware of the obligation to report your details. Your lawyer can analyze your case and assist you with an appeal with the reason for the error and a justification of your underlying conviction.
Denial due to a Previous Conviction
The board can deny your application if you have a previous misdemeanor or felony conviction that is significantly related to your practice. These crimes can include battery, assault, theft, fraud, and driving under the influence.
Although it can assist if you have an expunged conviction, your licensing agency will consider the following additional factors:
- Your risk of reoffending
- The amount of time that has elapsed since your conviction
- Letters of recommendation and reference from people who can testify to your good conduct since your conviction, including your employers.
- Your rehabilitation evidence, including completion of alcohol and substance abuse counseling
Denial due to Out-of-State Professional Disciplinary Action
If you have been licensed in a different state and have faced disciplinary measures in that state, you should reveal those details to the Veterinary Medical Board in your application. Otherwise, the board will think you were making a false statement on the application and deny you licensure.
Denial Due to Discipline on Other Professional Licenses
The Veterinary Medical Board can deny your application if you have another license and the licensing board disciplined you for it.
The Appeal Process for the Professional License Application Denials
If you decide not to file an appeal, you can reapply for your licensure a year after you receive your denial letter. Although it might seem easier to wait and retry later, you should know that the application denial will appear in the license record and will be reported to the National Practitioner Databank. Acting on the right to file an appeal can increase the likelihood of obtaining the license.
According to BPC 485b, you are entitled to appeal your licensure denial and request an administrative hearing. You should file a written appeal to the Veterinary Medical Board within sixty days of when you received your notice of denial. Otherwise, you will lose the right to the hearing, and the board will deny your application.
Before your administrative hearing, the board will serve you with a statement of issues highlighting the reasons the licensing agency denied your application.
An ALJ will preside over the hearing. During your hearing, every side will present evidence, call witnesses, and make opening statements. A deputy attorney general will represent the board, while a seasoned defense attorney will represent you.
After listening to the proof, the ALJ will decide. If the judge concurs that the licensing board denied the license with a reason, the application will remain denied, and you should reapply after a year.
The ALJ will issue their recommendation within thirty days after your administrative hearing. The board can then reject, modify, or adopt the recommendation.
The Veterinary Medical Board and Professional Disciplinary Process
The mission of the Veterinary Medical Board is to protect animals and consumers by regulating each licensee, promoting professional standards, and enforcing the relevant practice regulations.
The disciplinary process starts when a client, colleague, insurance provider, or employee files a complaint against you. If you are charged with a crime, law enforcers will refer the case to the board.
Some of the common allegations that veterinarians face include the following:
- Actual harm being done to a human being or an animal
- Alcohol or drug abuse, especially if you are treating an animal
- Use of unlicensed, unqualified assistants
- Improper billing practice
- Violating a health code
- Incompetence, gross negligence, or ordinary negligence when performing your duties
- Insurance fraud
- Acquiring your professional license through fraud
- Failing to keep enough records or falsifying records
- Using anesthesia improperly
- Exceeding the scope of your expertise and professional license
- Facing disciplinary action by another licensing agency in California or another state
- Having a previous criminal conviction that is substantially related to your duties
If the allegation falls within the board’s jurisdiction, the board will investigate the matter. The board will issue a citation, require you to pay fines, or issue a warning letter if your allegation is minor. The board, on the other hand, refers severe allegations to the experienced investigators.
You will learn of your investigation via a letter from your board requesting your response, a notice of investigation, or a subpoena for records. Even when you think your allegation is baseless, it is advisable to hire a skilled defense attorney. The investigators will use your statements and conduct against you, which could even result in criminal prosecution. Your lawyer can advise you on options and rights.
The investigation involves interviewing the witnesses and complainant, reviewing your work documentation and records, examining your billing practices, and interviewing you.
After analyzing the gathered evidence, the Veterinary Medical Board can choose to do either of the following:
- Close the allegation without taking any action
- Issue you a warning
- Require you to complete additional education
- Issue you a citation and fine
If the Veterinary Medical Board thinks there exists enough proof against you, it will serve you with a formal accusation. The accusation highlights your violation and the statute you have violated.
You should respond to the accusation by filing a notice of defense with the board within fifteen days of receiving the accusation. Filing the notice of defense preserves your right to a hearing before the administrative law judge. Otherwise, you will lose this right, and the board will impose a default judgment without listening to your side of the story. Your defense lawyer can help you file the notice of defense timely and accurately.
Although the case should proceed to the administrative hearing, most professional disciplinary cases are settled via negotiated settlements. The stipulated settlement will require you to agree to the discipline the board warrants. Typically, it results in a less severe degree of punishment than the ALJ would recommend.
Please note that although the settlement can lower the uncertainty of the hearing, your attorney should carefully review your agreement. Accepting disadvantageous terms can result in enduring repercussions for your career. Your attorney should negotiate conditions that protect your career and professional license and help you realize the best-case outcome by presenting rehabilitation and mitigating evidence.
If you and the board fail to reach an agreement during the settlement, the case will proceed to an administrative hearing. During the hearing, the ALJ will hear evidence from both sides. Your lawyer should help you develop a robust defense strategy that might include the following:
- Expert testimonies supporting your decisions
- Proof of your adherence to professional standards
- Proof of additional education or rehabilitation
- Mitigating evidence
- Character references
The ALJ will recommend their decision to the board, which can either reject, modify, or adopt it. Common disciplinary actions include probation, suspension, revocation, and public reprimand.
If you are unsatisfied with the imposed disciplinary action, you file an appeal with the superior court. Please note that the judge will review the case to determine whether an error was made during the administrative hearing or if the hearing’s transcripts have evidence supporting the BRE’s decision. Except in rare cases, you cannot introduce new legal evidence or arguments during the appeal stage.
Find Competent Legal Help Near Me
Effort, dedication, and time go into building your career in veterinary medicine. When you are under investigation or facing a professional misconduct complaint, everything you have worked for is at stake. Riverside License Attorney has many years of experience and understands how the Veterinary Medical Board works, the procedures it follows, and the possible disciplinary actions it imposes, and can help you build the most effective defense strategy. Our goal is to protect your future opportunities, reputation, and license, and to aggressively fight for you. Please contact us at 951-410-8612 to book a confidential consultation.
