(1) Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in conformity with section 12-315-113. After a hearing, and by a concurrence of a majority of members, the board may take disciplinary or other action as authorized in section 12-20-404 against an applicant or a licensed veterinarian for any of the following reasons:
(a) Violation of any provisions of this article 315, an applicable provision of article 20 or
30 of this title 12, or any rules of the board;
Violation of section 12-280-121 or any rules of the state board of pharmacy promulgated pursuant to that section;
Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a license;
Fraud, deception, misrepresentation, or dishonest or illegal practices in or connectedwith the practice of veterinary medicine;
Misrepresentation in the inspection of food for human consumption;
Fraudulent issuance or use of any health certificate, vaccination certificate, test chart,or blank form used in the practice of veterinary medicine to prevent the dissemination of animal disease, transportation of diseased animals, or the sale of inedible products of animal origin for human consumption;
Fraud or dishonesty in the application or reporting of any test for disease in animals;(h) Failure to keep veterinary premises and equipment in a clean and sanitary condition;
Refusal to permit the board to inspect veterinary premises during business hours;
Use of advertising or solicitation that is false or misleading;
Incompetence, negligence, or other malpractice in the practice of veterinary medicine;
Unprofessional or unethical conduct or engaging in practices in connection with thepractice of veterinary medicine that are in violation of generally accepted standards of veterinary practice as defined in this article 315 or prescribed by the rules of the board;
Willful making of any false statement as to any material matter in any oath or affidavit that is required by this article 315;
Conviction of a charge of cruelty to animals;
Conviction of a violation of the "Uniform Controlled Substances Act of 2013", article 18 of title 18, the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended, or the federal "Controlled Substances Import and Export Act", 21 U.S.C. sec. 951 et seq., as amended, or any of them;
Conviction of a crime in the courts of this state or of a crime in any other state, anyterritory, or any other country for an offense related to the conduct regulated by this article 315, regardless of whether the sentence is deferred. For the purposes of this subsection (1)(p), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.
Conviction upon charges that involve the unlawful practice of veterinary medicine,and, based upon a record of the conviction, without any other testimony, the board may take temporary disciplinary action, even though an appeal for review by a higher court may be pending;
Permitting another to use the licensee's license for the purpose of treating or offeringto treat sick, injured, or afflicted animals;
Practicing veterinary medicine under a false or assumed name, or impersonating another practitioner of a like, similar, or different name;
Maintenance of a professional or business connection with any other person whocontinues to violate any of the provisions of this article 315 or rules of the board after ten days following receipt of the board's written request for termination of the connection;
Habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or acontrolled substance as defined in section 18-18-102 (5);
A determination that the individual is mentally incompetent by a court of competentjurisdiction and the court has entered, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency is of such a degree that the individual is incapable of continuing to practice veterinary medicine;
Engaging in the practice of veterinary medicine while in inactive status or while theperson's license is expired;
Failing to report a known violation of any of the provisions of this section;
Administering, dispensing, distributing, or prescribing any prescription drug otherthan in the course of a veterinarian-client-patient relationship, except in accordance with section 12-315-105 (2)(b);
An act or omission that fails to meet generally accepted standards of veterinary practice;
Practicing or performing services beyond a licensee's scope of competence;
Engaging in any act prohibited in article 280 of this title 12;
Failure to respond to a complaint against the licensed veterinarian;
Failure to provide to the board an updated mailing address and other contact information as required by the board within thirty days after a change in the information;
Failure to properly supervise a veterinary student or veterinary staff;
Failure to provide a written prescription to a wholesaler within three business daysafter issuing an oral prescription order, as required by section 12-280-120 (3)(b);
Failure to comply with terms agreed to under a confidential agreement entered intounder sections 12-30-108 and 12-315-125.
The board may send a letter of admonition, by certified mail, to a licensee under thecircumstances specified in and in accordance with section 12-20-404 (4).
The board may send a confidential letter of concern to the licensee under the circumstances specified in section 12-20-404 (5).
The record of conviction of a felony in a court of competent jurisdiction shall besufficient evidence for the disciplinary action to be taken as may be deemed proper by the board. For the purposes of this article 315, a conviction shall be deemed to be a conviction that has been upheld by the highest appellate court having jurisdiction or a conviction upon which the time for filing an appeal has passed.
With respect to denying the issuance of a veterinary license or to taking disciplinaryaction against a veterinarian, the board may accept as prima facie evidence of grounds for the action any federal or state action taken against a veterinarian from another jurisdiction if the violation that prompted the disciplinary action in the jurisdiction would constitute grounds for disciplinary action under this section.
In addition to any other penalty that may be imposed pursuant to this section, anyperson violating any provision of this article 315 or any rules promulgated pursuant to this article 315 may be fined not less than one hundred dollars nor more than one thousand dollars for any such violation.
The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; except that the board may also issue a cease-and-desist order on its own motion.
The board may suspend the license of a veterinarian who fails to comply with anorder of the board issued in accordance with this section. The board may impose the license suspension until the licensee complies with the board's order.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1628, § 1, effective October 1.
Editor's note: This section is similar to former § 12-64-111 as it existed prior to 2019.