(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. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing veterinary medicine in a competent and professional manner.
d. 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/r 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.