A professional certified to offer veterinary medicine services is known as a veterinarian. These experts are certified and licensed to investigate, administer treatment, and help prevent animal illnesses. Like other professionals, to qualify as a veterinarian, you must undergo education and training at an esteemed university and obtain practical experience to be a license holder for your practice. Also, the California Veterinary Board holds these experts to a high standard of professionalism, and a complaint against your license due to an error or disgruntled customer can result in revocation or suspension.

At Kern County License Attorney, we understand the Veterinary Medicine Practice Act and other statutes that govern your license, making us suitable to help you acquire and defend your license when threatened. We have also successfully defended against many cases like yours, making us suitable to protect you in every stage of the case.

California Veterinary Licensing Board

The California Vet Agency is in place to protect animals and their owners from unsafe or low-standard veterinary medicine services. The board was founded under California Business and Professional Code 4800 to 4917, which helps to govern veterinarians. The agency has seven members, three of whom are members of the public.

To be eligible as a board member, one must graduate from a recognized veterinary college in the state and have been a continuous resident there for 60 months before making an appointment with the licensing agency. Additionally, you should hold a valid veterinary license and have at least 60 months of veterinary medicine practice.

The three public members who form part of the agency must also have been residing in the state for 60 months before the appointment. Again, they should not be members of another licensing agency or have a license from other boards. Board members must serve for a term of four years and must remain in office until they are replaced. After the term lapses, members should not remain in office for more than twelve months without their replacements being found.

The California governor appoints five of the seven members to the licensing agency, one of them being a private citizen. The Senate and Speaker make the remaining two appointments, and all of them must be members of the public. Once the Veterinary Medicine Board has been constituted, it meets to appoint an executive officer whose duties are provided in the law. However, the executive member should be someone other than a civil servant.

Once the board has been established, it starts protecting animals and clients seeking these services. It does this by denying practicing licenses to unqualified applicants. Also, it sets industry standards on cleanliness levels and safety protocols for administering treatment that all veterinarians must abide by failure to which their licenses are threatened.

Similarly, the board receives complaints from disgruntled clients, other veterinarians, or third parties. Once a complaint is received, the agency reviews the evidence that comes with the claim, and if it is not substantiated, they drop it. However, when an allegation is serious and there is proof to substantiate it, the board starts investigations.

Licensing Veterinarians

Per California Business and Professional Code 4825, it is unlawful for someone to work as a veterinarian unless the individual possesses a valid, expired, or canceled license during the act.

Nevertheless, under Section 4826.1 of the professional code, a person can practice veterinary medicine without a license in emergencies when the animal owner asks. Under these circumstances, where the animal owner makes the request, they cannot file a claim against the individual they requested to administer the emergency treatment, even when the animal loses its life or sustains severe injuries. You will not require a practicing license to administer treatment to an animal under the following circumstances:

  • When determining an animal's pregnancy, sterility, or infertility status, if you do not ask for payment. You can only charge for a veterinary medicine service if you are a licensee.
  • When performing an agglutination test on your poultry.
  • You do not require a license to practice bona fide veterinary medicine solely for your animals. The people assisting you, as the owner, to administer treatment are also exempt from liability if they act gratuitously.
  • When administering sodium pentobarbital to help end the life of a sick, homeless, or injured pet when no veterinarian is available. However, when doing this, you must be an employee of an animal shelter or humane society. Also, you should have sodium pentobarbital administration training to offer the services.

Per the statutes, a veterinary medicine licensee can practice in the field and its branches for the duration the license is valid. After the license expires, the permit must adhere to all license renewal conditions, including payment of renewal fees. Breaking the regulations governing the licensee results in disciplinary action like permit suspension or revocation.

Per Section 4831 or the Professional Code, when you violate or help violate the conditions set for veterinarians, you risk misdemeanor charges whose guilty verdict attracts court fines of between $500 and $2,000. Additionally, you risk one to twelve months of jail incarceration.

Code 4846.4 opines that as a licensee, you should apply biennially for license registration or renewal before or on the last day of your birthday month. The board will provide the application forms.

When submitting your application, you must attach documents to prove that you do not have a felony conviction record or have faced any disciplinary action by California public boards. Additionally, you must indicate that no other board outside the state has taken disciplinary measures against you. You must attach your conviction or disciplinary record to the application if you cannot provide these reports.

Before renewing your license, the board will investigate the documents you have provided further to determine whether disciplinary action is necessary.

When applying for a license, the board will review your qualifications, and once certified, they will issue you a permit. Those who fail the examination or the requisite competency criteria are denied veterinary licenses. The exams that you take to establish your competency are:

  • A national licensing exam.
  • A California State Board exam.
  • A board administered an examination of regulations and laws regarding veterinary medicine.

If you wish to practice this branch of medicine but are still under the supervision of a licensed veterinarian, you can request a temporary license, which lasts for twelve months. To be eligible for the permit:

  • You should not have been denied an application in the past by the board.
  • You must have finished a curriculum on board-approved regional diseases and illnesses.

Once you complete the curriculum, you can apply for a permanent license. The application must contain proof of program completion and payment of the application fee. 

When you seek an extension of the temporary license, the board can opt to extend it for another twelve months, but only if the reasons include military service, undue hardships, or health problems.

Even after obtaining the practicing license, Code 4853 requires that you register the building or premises where you will be running your veterinary medicine business. However, the statute does not require the registration of other assets, such as cars, used to run the business.

Lastly, before obtaining a license, the board must ensure the sanitation on the premises where you want to operate the business meets the required standards. The provisions for this condition are provided under Section 4854. The equipment and apparel used for the veterinary services must also satisfy the recommended cleanliness criteria.

Allegations that Lead to Disciplinary Action

Several allegations can threaten your license, including:

  • Inappropriate billing practices.
  • Engaging in drug or alcohol abuse when administering treatment to animals.
  • Fraudulent administering and reporting of biological tests.
  • Hiring or lending your license to an unlawful practitioner.
  • Inappropriate administration of anesthesia.
  • Contravening the health code.
  • Insurance fraud.
  • Acquiring a veterinary license fraudulently.
  • Working with unlicensed assistants.
  • Conducting misleading or false advertisement.
  • Having a criminal arrest or conviction for a crime substantially related to your practice, roles, or qualifications.
  • Going beyond the scope of your license.
  • Engaging in gross or ordinary negligence or incompetence when offering your services.

When these allegations are substantiated, the board can take various disciplinary actions. However, it must conduct investigations and an administrative proceeding before imposing any disciplinary measures.

Steps Followed From Complaint to the Final Decision

Section 4875 gives the board the authority to suspend or revoke your permit, but after conducting an administrative proceeding. The hearing determines whether the allegations are accurate and the appropriate punishment you should face. If you are scheduled for the proceeding, you should speak to an attorney familiar with the possible obstacles and the best strategies to overcome them for a favorable outcome.

Typically, the board does not investigate every complaint it receives, especially when the claim cannot be substantiated. However, the licensing agency will notify you when an allegation has merit. When this happens, you should take the accusations seriously because an unfavorable verdict in the hearing could threaten your license.

When the complaint is for a minor issue, the board will be lenient and will likely reprimand you, impose a monetary fine, or issue a citation. Usually, the fine the board imposes is at most $5,000. If the fine is high or imposed together with a license revocation, you can contest the board’s decision with the help of an attorney to have the fine reduced or imposed instead of the permit revocation.

Besides, the agency's executive officer can issue a citation when the board establishes that you contravened the set regulations. Every citation must be handwritten and state your violations, the specific laws you have violated, and the associated civil penalty you should pay.

Once the citation is ready, the board will send it to you or mail it so they can have proof of service. Nevertheless, the executive member must share the citation with board members before the service. A board member who is a licensed veterinarian must then review the citation to see if there were attempts to contact you and find solutions to the violation. After the evaluation, the agency member prepares a report stating their rulings and recommendations. You will be served with a citation if the board report indicates a violation.

When unhappy with the citation, the law has a provision under Section 4875.6 to contest a citation. Your attorney can write to the board or executive requesting an informal conference or meeting. Once the executive member receives your request, they can schedule the meeting in 60 days. After the meeting, the board will decide whether to retain, dismiss, or adjust the citation.

In extreme scenarios, the board suspends or revokes your license. A suspension only prevents you from practicing for a particular duration, and when it lapses, you can apply for license reinstatement. On the other hand, a revocation is indefinite and prevents you from operating your business. Considering the significant time and resources you have invested in obtaining the permit, these penalties are severe. Therefore, you need the help of a license defense attorney to stay the revocation or suspension. That way, instead of canceling your license, the board places you on probation, allowing you to continue operations under strict probationary terms. The board will reinstate your license if you complete the probation period without violating the probation terms.

You should know that sometimes the board temporarily suspends your license even before holding the administrative hearing. Investigations sometimes go on for years, and it is a long time before you are under interim suspension as you will not be offering your veterinary services. Therefore, immediately after you receive a temporary suspension, speak to your license lawyer to overturn it, as it will halt your business operations.

Primarily, the maximum punishment is imposed on individuals who have caused harm to the animals or their owners. However, you can avoid these severe consequences by submitting mitigating factors in the administrative proceeding. One of the mitigating circumstances that can help reduce your sentence is a rehabilitation certificate. Proof of victim restitution is also necessary to show that you are trying to mend your mistakes. 

Finally, when the board revokes or denies you a license, your attorney can find ways to obtain reinstatement or approve your application. All you need to do is find a reputable license defense attorney.

Find a Competent Professional License Defense Attorney Near Me

Obtaining a veterinary medicine license is extremely difficult. Nevertheless, a minor complaint can threaten this lifetime investment. When your license application is denied or you face disciplinary action, you should hire a professional license defense attorney. We can win a fair verdict in your permit defense case at Kern County License Attorney. Call us at 805-702-8560 for a no-obligation consultation.