Subchapter II. Veterinarians - Delaware Statutes

TITLE 24

Professions and Occupations

CHAPTER 33. VETERINARIANS

Subchapter II. Veterinarians

§ 3313. Qualifications of applicant; report to Attorney General; judicial review.

(a) An applicant who is applying for licensure as a veterinarian under this subchapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree of Doctor of Veterinary Medicine or its equivalent from a school or college accredited by the American Veterinary Medical Association, or if the applicant's degree is not from an AVMA-accredited school or college, possess a certificate issued by a certifying Commission approved by the Delaware Board;

(2) Has achieved the passing score on the written standardized examination for veterinarians designated by the Board pursuant to § 3306 of this title.

(3) Has not had that applicant's United States Drug Enforcement Administration (DEA) privileges restricted or revoked; or

(4) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) Shall not have a criminal conviction record, or pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of veterinary medicine. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of veterinary medicine; however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(5), if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, "sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing veterinary medicine in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.

(6) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this subchapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed as a veterinarian.

(b) In the event the applicant shall have been the recipient of any administrative penalties regarding that applicant's practice of veterinary medicine, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any "consent agreements" which contain conditions placed by a Board on that applicant's professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding such penalties and/or agreements to the Board. The Board may, after a hearing, determine that such administrative penalty is grounds to deny licensure.

(c) In the event the applicant has not taken the national examination designated by the Board pursuant to § 3306 of this title, the applicant shall sit for the latest examination at such times as determined by the testing service.

(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

24 Del. C. 1953, § 3305; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § 5; 64 Del. Laws, c. 448, § 2; 68 Del. Laws, c. 332, § 1; 69 Del. Laws, c. 255, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 207, § 17; 74 Del. Laws, c. 262, § 70; 75 Del. Laws, c. 295, §§ 20, 31-35; 75 Del. Laws, c. 436, § 37; 77 Del. Laws, c. 199, § 27.;

§ 3314. Reciprocity.

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in "good standing " in another state, the District of Columbia, or territory of the United States. A license in "good standing" is defined in § 3313(a)(3)-(6) of this title; and

(b) The applicant has passed the national examination designated by the Board pursuant to § 3306 of this title excluding the Clinical Competency Test prior to 1996, unless at the time the applicant became licensed in the State, District of Columbia, or territory of the United States, from which that applicant is applying, the national examination designated by the Board was/were not required by this State (in which case, the applicant need only present evidence of passing whatever national licensing examinations were required of entry level licensees in this State at that time).

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association must posses a certificate issued by a certifying commission approved by the Board.

(d) The Board shall grant a license to an applicant, who was previously licensed as a veterinarian in this State, and who has let that applicant's license lapse, subject to the applicant's meeting the requirements of subsection (a) of this section, and continuing education requirements as provided for in the Board's rules and regulations.

(e) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure as veterinarians in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject. Each application for licensure shall be accompanied by payment of the application fee.

24 Del. C. 1953, § 3307; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § 7; 67 Del. Laws, c. 145, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 207, § 19; 75 Del. Laws, c. 295, § 22; 75 Del. Laws, c. 436, § 38.;

§ 3315. Temporary license and permit.

(a) Upon payment of the appropriate fee and on submission of a written application on forms provided by the Board, the Board shall issue a temporary license to a person who has applied for licensure as a veterinarian under this subsection and who either is being considered for licensure under the reciprocity provision of this subchapter, or, is eligible to take the examination provided for in this subchapter. Such temporary license will be available to an applicant only with respect to the first application for licensure, and the applicant shall use the temporary license only while under the supervision of a licensed veterinarian. In all cases, such temporary license shall expire automatically if the applicant fails the examination or fails to sit for the same at the earliest opportunity. In all cases where a temporary license is issued to an applicant for licensure by reciprocity, such temporary license shall expire automatically upon written notice to the applicant by the Board that it proposes to deny such application. Upon expiration, the temporary license shall be surrendered to the Board.

(b) The Board may issue, without examination, a temporary permit to practice veterinary medicine in this State, to any nonresident veterinarian validly licensed in another state, territory, district of the United States or foreign country if such veterinarian pays a fee equivalent to 1/2 of the biennial fee for license renewal paid by licensed Delaware veterinarians; provided, however, that such temporary permit shall be issued for a period of not more than 1 year; provided also, that applicants meet the provisions of § 3314 of this title for reciprocity applicants.

24 Del. C. 1953, § 3309; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § 9; 64 Del. Laws, c. 163, § 1; 64 Del. Laws, c. 448, §§ 4-9; 65 Del. Laws, c. 355, § 1; 67 Del. Laws, c. 145, §§ 2-4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 207, §§ 24-29; 75 Del. Laws, c. 295, § 36.;

§ 3316. Grounds for discipline; procedure.

(a) A veterinarian licensed under this subchapter shall be subject to disciplinary sanctions set forth in § 3317 of this title, if, after a hearing, the Board finds that the veterinarian has:

(1) Been found guilty of unprofessional conduct as defined in the Board's rules and regulations;

(2) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinarian; has impersonated another person holding a license, or allowed another person to use that practitioner's license, or aided or abetted a person not licensed as a veterinarian to represent himself or herself as a veterinarian;

(3) Illegally, incompetently or negligently practiced veterinary medicine;

(4) Been convicted of any crime that is substantially related to the practice veterinary medicine or any offense that would limit the ability of the licensee to carry out the licensee's professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(5) Excessively used or abused drugs; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the licensee's ability to perform the work of a veterinarian;

(6) Engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(7) Wilfully violated any privileged communication;

(8) Been fraudulent or dishonest in the application or reporting of any test for disease in animals;

(9) Failed to keep that applicant's veterinary premises and equipment in clean and sanitary condition;

(10) Failed to report, as required by law, or has made a false report of any contagious or infectious disease;

(11) Been dishonest or negligent in the inspection of foodstuffs, or in the issuance of health or inspection certificates;

(12) Been cruel to animals;

(13) Violated a lawful provision of this chapter, or any lawful regulation established thereunder;

(14) Had that applicant's license as a veterinarian suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a veterinarian in this State shall be deemed to have given consent to the release of this information by the Board of Veterinarians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(15) Failed to notify the Board that the applicant's license as a veterinarian in another State has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee's right to practice veterinary medicine shall be limited by the Board until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

24 Del. C. 1953, § 3311; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § 11; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 207, § 31; 74 Del. Laws, c. 262, § 71; 75 Del. Laws, c. 295, § 26.;

§ 3317. Disciplinary sanctions.

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3316 of this title applies to a licensee regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Censure a licensee;

(3) Place a licensee on probationary status, and require the licensee to:

a. Report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or

c. Continue or renew professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(4) Suspend any licensee's license; or

(5) Revoke a licensee's license.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) The Board may temporarily suspend a licensee's license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the licensee, the Board, after a hearing on the matter, may suspend or revoke the licensee's license.

24 Del. C. 1953, § 3312; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § 12; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 295, § 27.;

§ 3318. Practicing without a license; penalties.

(a) Where the Board has reason to believe that a person is practicing veterinary medicine within this State without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter, notwithstanding that the person's license has been suspended or revoked, or that a person not licensed under this chapter is using any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is licensed to practice veterinary medicine as defined in this chapter, the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful practice, the Board shall make a formal complaint to the Attorney General who may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of, the Board.

(b) A person not currently licensed as a veterinarian under this chapter, when guilty of engaging in the practice of veterinary medicine, or using in connection with the licensee's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the licensee is qualified to practice veterinary medicine, such offender upon the first offense, shall be fined not less than $500 nor more than $1,000 for each offense, and the offender shall pay all costs. Each day a violation continues shall constitute a separate offense. The Court shall order all fees received for unlawful service to be refunded. Justice of the Peace Court shall have jurisdiction over any violation of this chapter.

24 Del. C. 1953, § 3314; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § 14; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 207, § 33; 75 Del. Laws, c. 295, § 37.;