Veterinary MedicineRevocation and Suspension
Section § 4875
This law allows the California Veterinary Medical Board to either revoke or suspend a veterinary license or registration after a formal notice and hearing. Additionally, the board can fine veterinarians up to $5,000 for specific violations instead of, or along with, suspension or revocation. The process for these actions follows established government procedures, and any fines collected are added to a special fund for the board.
Section § 4875.1
This section of the law outlines how the veterinary board in California should focus its resources on investigations and actions against veterinarians and vet technicians posing the most serious risks to animals and the public. The top priority is given to cases of negligence or incompetence leading to death or serious injury to animals. Other high-priority cases include animal cruelty, involvement in criminal activities, working under the influence, substance abuse, self-prescribing dangerous drugs, over-prescribing without proper relationships, and poor sanitary conditions threatening health and safety. Additionally, the board must annually report on the disciplinary actions taken categorized by these priorities.
Section § 4875.2
When an investigation finds that a vet, vet tech, or someone without a license has likely broken the rules, the executive officer can issue a citation, following certain procedures and regulations.
Section § 4875.3
This law states that if the board finds that a veterinarian's workplace does not meet required standards during an inspection, they must notify the veterinarian of any problems and allow time to fix them before taking further action. However, if the issues pose an immediate threat to public or animal health and safety, the board can quickly suspend the veterinarian's practice with an interim order.
Section § 4875.4
This California law states that when the board issues fines for certain violations, they must follow specific guidelines. These guidelines consider how serious the violation is, whether the person honestly tried to comply, and their history of past violations. The highest fine for each violation can't be more than $5,000. Regulations must align with existing citation and fine procedures.
Section § 4875.6
If someone is cited under this regulation, they can request an informal meeting to discuss their citation within 30 days. This meeting, held by an executive officer or their representative, should occur within 60 days of the request, unless there's a good reason to delay. After the meeting, the citation can be kept as is, changed, or dropped. The decision and reasons must be given to the person within 30 days of the meeting. If the citation is upheld or changed, the person has another 30 days to ask for a formal hearing. Once a decision is made after the informal meeting, another such meeting cannot be requested for the same citation.
Section § 4876
This law gives the board the power to discipline people with licenses or registrations by putting them on probation. This could involve making them take courses, undergo medical exams, or limiting what they can do in their profession. These steps aim to ensure competent practice and may be used instead of, or in addition to, suspending or revoking a license or issuing fines.
Section § 4881
Whenever a professional license is suspended, revoked, restricted, or when fines are issued, it's the responsibility of the executive officer to record these actions officially. This record is considered initial proof that these actions happened, and that everything done by the board regarding these actions followed the proper procedures.
Section § 4883
This section explains the reasons why the board can deny, revoke, or suspend a veterinary license. These reasons include criminal convictions related to veterinary practice, associating with illegal practitioners, violating the law, using fraudulent practices, or unprofessional conduct. Other reasons include involvement with controlled substances, false advertising, mistreatment of animals, sanitary violations, and misleading claims of veterinary specialty certification. Additionally, engaging with cannabis businesses without proper disclosure or recommending cannabis improperly, along with improper influence over other veterinarians, can lead to disciplinary actions.
Section § 4884
This law says that veterinarians in California can't give or sell cannabis to animal patients. However, they won't get into trouble with the state board for talking about or suggesting cannabis for animals as long as they aren't being negligent or incompetent. The board was required to set up some guidelines by 2020 for vets on how to talk about cannabis with pet owners, and by 2024 for how to recommend it. These guidelines are available on the board's website.
Section § 4885
If someone in the veterinary field is found guilty or pleads no contest to a felony or any offense related to their work, it's considered a conviction. This can lead to their license being revoked, suspended, or a fine being imposed. If the person doesn't appeal or loses their appeal, or even if their conviction is later dismissed or set aside, the board in charge can still take these actions against their license.
Section § 4886
If someone's veterinary license or registration was taken away or suspended, and they want it back, the board might set some rules for them to follow after it's reinstated. These rules can include taking extra professional training and passing tests, showing their current ability with different types of exams, getting checked out by doctors (with the board looking at results from both their own chosen doctors and ones appointed by the board), or having limits on what they can do in their veterinary practice.
Section § 4887
If your professional license has been revoked or you're on probation, you can ask the board to give it back or lessen the penalty after some time has passed. This period depends on the original punishment: at least three years for revoked licenses, two years for long probations, and one year for shorter probations. In certain cases, you might be allowed to petition earlier. The request must include recommendations from two veterinarians who know you well. The board will consider your past actions, reputation, and efforts to improve before deciding. They might add conditions if they decide to reinstate your license. They won't consider your petition if you're still under criminal sentence, and they can turn down requests made within two years of a previous decision without further discussion.