Veterinarians face many challenges in the course of doing their jobs. Not only must they satisfy the required standard of care when attending to animals, but they must also address the grievances of discontent pet owners. Usually, some of these complaints are unwarranted, arising when somebody’s beloved pet has an unfavorable prognosis or outcome. However, other complaints are legitimate reports of veterinary malpractice. Whichever the case, a veterinarian who receives even one complaint against them may be subject to severe repercussions, including the revocation or suspension of their professional license.
If there is a complaint against you and your veterinarian license is at risk, you want to consult a healthcare professional license defense lawyer as soon as possible. At Oakland License Attorney, we can help you clear your name with the Veterinary Medical Board. We know that losing your license can ruin your life, and we will fight for you to save it. Call us today to share the facts of your case during your free, confidential consultation.
The Role of the California Veterinary Medical Board (VMB)
Veterinary technicians and veterinary doctors must have a valid license to practice lawfully in California. The VMB issues these licenses and regulates all licensed veterinarians, veterinary technicians, and other licensed staff in veterinary practice medicine to ensure they adhere to the law. The VMB’s mission involves safeguarding animals and animal owners by:
- Enforcing the VMP (Veterinary Medicine Practice) Act,
- Regulating licenses
- Implementing rules and regulations that practicing veterinarians, veterinary technicians, and other license holders in veterinary medicine must abide by
- Acquiring opinion letters about the quality of standards for the veterinary medicine practice in California.
- Promoting professional standards
- Probing and auditing license holders
- Disciplining licensees for violating the law and denying licenses to unqualified new applicants.
To hold any form of veterinary license, a person must finish the proper education level and must not have been convicted of a criminal offense related to the duties, functions, morals, and qualifications of a practicing veterinarian.
A veterinary doctor refers to a doctor of animals. They take care of, diagnose, and treat animals, including pets. A veterinary technician is an animal nurse. They work alongside veterinary doctors, helping them in several ways. Once the board issues a veterinarian license, there are various ongoing requirements the professional must meet to avoid having their license sanctioned. For example, the professional must comply with the continuing education requirements for veterinarians. If you encounter a licensing issue as a veterinarian, it is important to consult a skilled legal counsel promptly.
VMB Accusations
When someone files a complaint against you, the VMB may initiate a disciplinary process and impose sanctions on your license as a form of disciplinary action. Prevalent complaints brought against veterinary technicians and veterinarians include the following:
- Animal cruelty. This includes any action that inflicts unnecessary injury or suffering on animals. In veterinary medicine, such behavior may entail harsh treatment when handling animals, doing procedures in ways that cause undue distress or pain, or neglecting the welfare of animals in the veterinary doctor’s or veterinary technician’s care. These behaviors severely violate the professional and ethical standards anticipated in the practice of veterinary medicine.
- False advertising. It could refer to making untrue, misleading, or deceptive statements concerning the kind of services offered, the effectiveness of treatments, or the veterinary doctor’s or veterinary technician’s qualifications. False advertising may make consumers make poor decisions about the care their animals should receive, possibly causing detrimental or inefficient treatments.
- Negligence, gross negligence, or incompetence. This type of behavior means failing to give the quality of care that any reasonable veterinary technician or doctor would give under similar conditions. Examples include incorrect treatment, failure to offer mandatory postoperative care, surgical mistakes, and misdiagnosis. Negligence can cause deterioration or harm to animals’ health. It is one of the prevalent reasons for legal complaints and action.
- Failure to escalate animal abuse incidents. Veterinary technicians and veterinarians are usually well-placed to notice indications of animal neglect or abuse. Most jurisdictions legally mandate these professionals to report such incidents to the relevant authorities. Fulfilling this duty protects the animal’s welfare and complies with legal duties.
- Aiding and abetting the unlicensed practice of veterinary medicine. This entails helping unlicensed parties offer veterinary services or perform procedures that require a license. It is also a serious matter, as it exposes animals to the risk of injury from unqualified parties and undermines the regulations that ensure the safety and quality of veterinary care.
Other allegations that may subject veterinarians to disciplinary actions are the following:
- Deception
- Fraud, for example, continuing education fraud
- Poor sanitary conditions of a facility
- Unprofessional conduct
- Convictions of offenses substantially connected to the practice of veterinary medicine, such as animal cruelty
- Alcohol or drug abuse
- Violations of the regulations of other boards regulating the practice of veterinary medicine
- Failure to satisfy continuing education requirements
- Facing disciplinary action by another board in California or another state
The VMB’s power to investigate a complaint is restricted to administrative VMP Act violations. Notably, the board lacks jurisdiction to process complaints about fee collection methods or fee disputes.
The VMB Complaint Process
The California VMB receives thousands of complaints regarding license holders every year. These complaints originate from consumers, police agencies, professional societies, and other federal and state government bodies. The VMB also receives reports about violations through routine audits of professionals and self-reports during license renewals.
After receiving a formal complaint about your wrongdoing, the VMB reviews it to determine whether it has jurisdiction to pursue it. If there is jurisdiction, the VMB will send a letter to you as the respondent, the complainant, and, if applicable, the consulting veterinarian. Based on what the complaint alleges, the VMB will request that you respond to particular narrative statements and questions and produce medical records such as radiographs. The board analyst can also request relevant documentation from other boards or organizations involved in your case.
Once the VMB receives the necessary information, the board analyst reviews the complaint file. They determine to
- Close the complaint for lack of sufficient evidence
- Sent the complaint to the VMB consultant for further review
- Impose a citation and fine, particularly if the violation is minor. The fine is usually not more than $5,000
- Refer the case for an official investigation
- Refer the matter for a complaint-related inspection
- Refer the matter to an expert for additional review
Where the VMB finds that the violation is more severe, it may refer the matter to the Attorney General’s Office to pursue formal discipline. A Deputy Attorney General might file an official Accusation or, if you are a new applicant, a Statement of Issues. Either of these documents initiates an official proceeding per the California APA (Administrative Procedures Act).
Once an Accusation or Statement of Issues is filed, the Attorney General’s Office will send you notice of the same. When you receive this notice, you have only 15 days to file a Notice of Defense in response. Failure to properly respond within fifteen days can trigger a default order against your license. A default order immediately strips you of your professional license and prohibits you from practicing animal medical care within California.
However, if you submit your response promptly, the deputy attorney general in charge will set the date for an administrative proceeding. Before the hearing happens, the board may propose a stipulated settlement. This is a legally binding agreement between the board and you to resolve the case without an official hearing. The board, through the Deputy Attorney General, will need you to admit your violations and agree to the proposed discipline, such as license surrender or a private reprimand, rather than proceed with the hearing, where you risk severe disciplinary action.
A stipulated settlement saves costs and time. However, you want to be careful before agreeing to the proposed terms. Your lawyer can help you decide whether you would rather proceed with the hearing or accept a stipulated settlement.
If a stipulated settlement fails, the hearing will proceed as planned. This hearing is the equivalent of a trial in criminal court, but there is no jury. The Office of Administrative Hearings (OAH) conducts such administrative hearings, with an Administrative Law Judge (ALJ) presiding.
During the hearing, the presiding judge will allow you to defend yourself. You can present witnesses and compelling evidence. You can also challenge the evidence presented by the board and cross-examine its witnesses. At the end of the hearing, the ALJ has 30 days to propose a decision to the VMB in writing on the punishment they think is appropriate (if you have committed a violation). However, the board can agree with the judge’s proposed decision and impose the recommended disciplinary action, modify it, or disregard it altogether and impose its own disciplinary action.
Disciplinary actions that the VMB can impose following an administrative proceeding may include the following:
- A public letter of reprimand
- License probation for a period between 1 and 5 years. Probation also comes with conditions you must obey. Failure to do so may lead to your sentence being revoked and further action being taken.
- Surrender of professional license
- License probation with suspension
- Professional license revocation
- Denial of practice license application
- The requirement to undergo ethics training
- The requirement to work under another veterinary doctor’s supervision
- The requirement to enroll in an approved substance abuse diversion program
- The requirement to take further continuing education programs
After imposing any of these disciplinary actions, the board will also escalate them to the NDDB (National Disciplinary Database) tracking system. All disciplinary orders are public records. That means potential clients can view them.
You can ask the board to reconsider the hearing’s outcome if you disagree. If the board denies your request, you can appeal the board-imposed disciplinary action to the Superior Court by filing a writ of administrative mandamus. If you still do not agree with the Superior Court’s decision, you can further appeal to the Court of Appeals and then to the Supreme Court.
Factors the VMB Considers Before Imposing Discipline
According to the VMB guidelines, the board must consider aggravating and mitigating factors in a particular case before imposing discipline against a licensee or applicant. Some of the mitigating factors the board considers include the following:
- Evidence of rehabilitation to show you have taken serious steps to improve your conduct and correct the actions that resulted in the need for discipline
- Restitution to the victim. That is, you made full restitution to the impacted client
- You demonstrated genuine remorse and cooperated fully with the board’s investigations
- Your violation caused minimal or no harm to the victim
- You have no prior violations or disciplinary actions.
Aggravating factors that judges consider include the following:
- Your actions threatened or caused harm to the client or animal, particularly if the animal died or sustained severe injuries.
- There is no evidence that you made efforts to rehabilitate yourself
- You have a record of past warnings or disciplinary actions for a similar form of violation
- You took actions to alter or hide evidence, or hinder board investigations into your case
- You have multiple violations
- You derived substantial financial gain from your violation or violations
Find a Knowledgeable Healthcare Professional License Defense Lawyer Near Me
Veterinarians, like other healthcare professionals, face significant legal risks throughout their careers. These professionals have several legal obligations and are subject to administrative and, in some cases, criminal repercussions if they do not comply. If you practice as a veterinary doctor or veterinary technician and are facing disciplinary action for an alleged violation, you want to consult a knowledgeable healthcare professional license lawyer immediately.
At Oakland License Attorney, we strive to represent veterinarians in criminal court or before the VMB who are seeking to revoke or suspend the license they need to practice their profession. We have dealt with the VMB many times, and we know how it operates. Thanks to this knowledge, we have helped many clients achieve the best possible outcomes in their cases. Call us at 510-250-4709 for the legal assistance and guidance you need to stand a chance of saving your career and livelihood.
