THE CALIFORNIA VETERINARY MEDICAL BOARD OF CALIFORNIA DISCIPLINES VETERINARIANS, REGISTERED VETERINARY TECHNICIANS AND VACSP HOLDERS
The Veterinary Medical Board of California files between twenty (20) to thirty (30) new accusations against veterinarians, registered veterinary techinicans and veterinary assistant controlled substance permit (VACSP) holders a year. This relatively small number of accusations may give the allusion that the Board is not as active as other professional regulatory bodies. However, veterinary medicical board accusations tend to be more complex and focus on medical procedures or negligence. As veterinary medical board accusations can be complex, you may desire to have an attorney review the accusation and defend you. If so, Malakauskas Law APC can help.
COMMON CAUSES OF DISCIPLINE FOR VETERINARIANS OR REGISTERED VETERINARY TECHNICIANS
Veterinarians and their Assistants can face board discipline based upon a wide variety of conduct. The Veterinary Medical Board of California has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Common causes of discipline for dentists include:
- Driving Under the Influence: The Veterinary Medical Board of California takes driving under the influence very seriously. Driving under the influence is a quick way to be disciplined by the board and potentially lose your license.
- Unlawful Possession or Administration of a Controlled Substance: Disciplinary hearings for unlawful possession or use of controlled substances are somewhat common. This applies to controlled substances that are both obtained at a place of employment as well as by other means.
- Recommending Unnecessary Surgical Procedures: Although veterinarians should be diligent in their work, encouraging surgical procedures without completing proper examinations may result in Board discipline.
- Failure to Properly Sterlize: Failing to properly sterlize both the premises, surgical tools, and equipment is a surprisingly common cause of discipline. Veterinarians should remember to treat the health and safety of animals with the utmost care.
- Medical Record Errors: Failing to create and maintain adequate medical records is a common cause of discipline. This is especially true when it comes to controlled substances and surgical procedures.
- Improper Semen Collection Practices: Improperly conducting any medical procedure may cause a veterinarian to be disciplined. One of the more common medical procedures by which veterinarians are disciplined is for improper semen collection.
- Inadequate Examination: Failing to properly conduct examinations, and documentating the results of such examinations will often lead to accusation of "incompetence" or "negligence".
- Failure to Monitor Patient: A veterinarian who fails to monitor a patient after surgery or the administration of a controlled substance, including anesthesia, is likely to be disciplined.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE VETERINARY MEDICAL BOARD OF CALIFORNIA?
You will likely first learn that you are being investigated by the Veterinary Medical Board of California when you, or your co-workers, are contacted by a “board inspector”. To understand the role of a “board inspector”, think of the matter as a criminal case in court. The “board inspector” would be the police officer, and the “deputy attorney general” would be the prosecutor. Therefore, it is unwise to talk to the “board inspector” without representation. However, becoming dismissive or unresponsive to the Board is not a solution. Problems rarely resolve on their own. Rather than be dismissive or unresponsive, imagine having Malakauskas Law, APC, by your side to help you through the process.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they may add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE VETERINARIANS AND REGISTERED VETERINARY TECHNICIANS DICIPLINED UNDER?
If the Veterinary Medical Board of California determines that you have violated the law, you will be served with an accusation at a later date. When you are served with an accusation, the accusation will most likely (but not necessarily) reference California Business and Professions Code §§4833 and 4875. California Business and Professions Code §4875 allows the Board to deny, revoke, or suspend a license, as well as assess a fine. In addition, Business and Professions Code §4875.1 provides that "negligence" or "incompetence" that results in the serious injury to an animal patient will have the highest priority.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win/Accusation Withdrawn: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of the investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case and, or, have the accusation withdrawn. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the Veterinary Medical Board of California can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the Veterinary Medical Board of California within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your Notice of Defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a Notice of Defense, you may still be able to have a hearing. The Veterinary Medical Board of California may “in its discretion” grant you a hearing. Nevertheless, the more prudent action is to file your Notice of Defense within the fifteen (15) days.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The Veterinary Medical Board of California will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §1686 allows you to petition the Veterinary Medical Board of California for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the Veterinary Medical Board of California under Government Code §1686 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.