Like other professionals, veterinarians must meet specific education, training, and qualification requirements, which entail significant time, dedication, and money. Veterinarians are also held to a very high standard of professionalism and ethics. Any mistake could put their license at risk of revocation or suspension.
A revocation or suspension of your veterinary license is a severe matter. It may affect your livelihood and your path to a successful veterinary career. Therefore, if you learn that someone has filed a complaint with the California Veterinary Medical Board (VMB), you should act swiftly to defend your practice license and restore your professional credentials. One step that can help you save your license is to consult an experienced license defense attorney.
At Orange County License Attorney, we can help you comprehend the allegations you face from a legal perspective. By consulting with us as soon as possible, you will find answers to your concerns and questions, as well as experienced counsel about how you can restore your practice license. Call us today to share your case details.
The Role of VMB in the Practice of Veterinary Medicine in California
The VMB has been regulating the practice of veterinary medicine in California since 1893. According to Sec. 4800.1 of the Business & Professions Code (BPC), the VMB is part of the California Department of Consumer Affairs. It is a government agency with a mission to safeguard all California animals and consumers by regulating license holders, promoting a professional code of conduct, and enforcing the state Veterinary Medicine Practice Act (VMPA).
The board fulfills this mission in the following ways:
- Licensing. The VMB licensing unit processes license applications and helps current licensees and applicants with concerns or issues related to either licenses or applications. This unit handles applications for various types of licenses, including those for veterinarians, veterinary premises, VACSPs (veterinary assistant controlled substance permit holders), and RVTs (registered veterinary technicians).
- Developing professional standards. The board establishes and maintains professional standards that every professional under its jurisdiction must abide by in the practice of their duties.
- Enforcement. The VMB enforcement division is responsible for enforcing the VMPA, which regulates the licensed professionals. Its duties include investigating complaints brought to the board, analyzing potential VMPA violations, inspecting veterinary premises, and monitoring licensees currently on probation.
- Imposing discipline. The VMB imposes discipline on VMPA violators through license revocation, suspension, or probation.
- Monitoring education. The board tracks continuing education requirements for active license holders.
The VMB comprises 9 members: 4 licensed veterinarians (at least 1 of whom practices in livestock or equine care or both), 3 public members, and 2 RVTs. The board also has an advisory committee that makes recommendations and provides guidance on regulations and laws to ensure the enforcement and administration of the VMPA.
Both the board and its advisory committee hold public meetings at least 4 times annually. VMB staff handle the board’s daily functions, including licensing, consumer outreach, enforcement, and inspection of veterinary premises.
Lastly, the board has a wellness program that identifies and rehabilitates licensed veterinarians whose competence has been impaired because of alcohol or drug abuse. The program is in place to guide impaired license holders to appropriate treatment, counsel them, and restore them to the practice of veterinary medicine without endangering public health and safety.
Based on the board’s functions, it is clear that it is not on your side but on the consumer’s. Its main mandate is to protect consumers from harmful veterinary practices. So, should you commit any violation, the board will seek to impose disciplinary action against you rather than help you navigate the problem.
That said, the only person who is better placed to help you is an experienced licensed defense attorney. Ensure you reach out to one as soon as possible if you learn you are under investigation or a complaint has been filed against you.
Common Reasons for VMB Investigations
A wide range of actions by a veterinarian, whether deliberate or unintentional, could lead the VMB to investigate their practice license. These include the following:
- Theft or fraud, including over-billing private insurance and clients, upcoming, and charging for unperformed procedures
- A conviction or arrest of a crime related to the duties, functions, and qualifications of a veterinarian, for example, an alcohol or substance abuse offense
- Failure to report a criminal conviction or arrest
- Negligence and incompetence
- Gross negligence, especially if it caused death or serious injury to an animal
- Animal abuse
- Inappropriate prescription of medication
- Alcohol or drug (including prescription drugs) abuse, especially while at work
- Unprofessional conduct
- Falsifying records
- False advertising
- Practicing veterinary medicine without a license
- Medical malpractice
- Breach of contract
- Aiding or abetting the unlicensed veterinary medicine practice
- Obtaining a practice license by fraud or misrepresentation
The VMB Complaint Review Process
The California Veterinary Medical Board receives hundreds of complaints every year about the conduct of RVTs, veterinarians, and unlicensed individuals, as well as the conditions of veterinary facilities. Any person you usually interact with at your work can file a complaint to the VMB. The complaint review process can also begin when the criminal court notifies the VMB of a conviction or arrest.
Once the board acknowledges receipt of a complaint or notice of arrest or conviction, it will conduct an initial review to determine whether it has jurisdiction. The board’s power to investigate complaints is restricted to administrative VMPA violations, including incompetence, fraud, negligence, unprofessional conduct, deception, and a facility’s sanitary condition.
The board has no jurisdiction over cases regarding fee disputes, collection techniques, or personality conflicts. If the board lacks jurisdiction over a complaint, it will close it. Then it will inform the consumer of its lack of jurisdiction and provide details on the process for a small-claims court action.
After the board has established its jurisdiction over the case, it will send an acknowledgement letter to you, the respondent, the complainant, and, if applicable, a consulting veterinarian. Contingent on the accusations, the VMB will request answers to certain questions, medical records (including radiographs), and narrative statements. The board can also request relevant records from any other agency party to the case.
After receiving the requested details, the board’s analyst will review the complaint file to determine whether to:
- Close the file
- Refer the matter to the VMB consultant for further review
- Impose a fine and citation against you
- Refer the case for an official investigation
- Refer the matter to an expert for further review (specialty treatment and care cases)
- Refer the matter for a complaint-related inspection
Formal Investigation
If the analyst refers the case for an official investigation, the complaint will be forwarded to the Division of Investigation (DOI). The board investigator will acquire sworn statements, including details of the complaint, and respond to particular questions about the allegations. To ensure the investigation is successful and uncompromised, the investigation details remain confidential; they are not a matter of public record.
At the end of the investigation, the board analyst will review the details obtained. Then, they will assign the matter to the board expert or consultant for review. Depending on the determinations and review, the VMB will take one of these actions:
- Close the case
- Issue a fine or citation
- Refer the matter to the Attorney General’s Office
The Filing of an Accusation or Statement of Issues
The board will refer the matter to the Attorney General’s Office if it involves serious violations. The Deputy Attorney General (DAG) handling the matter will seek to take disciplinary action against you. If you are a license applicant, the DAG will seek to deny your application. If you already hold a license, the DAG will seek to suspend, revoke, or place it on probation.
The DAG will file an official Accusation (applies to license holders) or a statement of issues (applies to license applicants), which initiates an administrative hearing process under the Administrative Procedure Act (APA). A formal Accusation or Statement of Issues is the first public document in the disciplinary process. Generally, you will receive notice of a statement of issues or accusation by mail.
Once you receive this notice, you must respond to it within 15 days, or else you will lose your right to defend yourself. Your response involves filing a document known as Notice of Defense (NOD) with the board. If you fail to file the NOD, the board will revoke your license by default.
Administrative Hearing
Once you file this notice, the DAG will set a date for an administrative hearing, and the documents will become public information. An administrative hearing is a unique kind of trial presided over by an ALJ (administrative law judge).
In many situations, the DAG and defense counsel may reach a stipulated agreement before the administrative hearing. Generally, stipulated agreements, also called stipulated settlements, involve admitting to one or more of the violations against you and a recommendation for appropriate disciplinary action. The terms of a stipulated settlement are contingent on disciplinary guidelines created by the board.
If the board does not approve the stipulated agreement or the terms are unfavorable, the case will proceed to a hearing. During the proceeding, both parties can call witnesses and present evidence. The board must prove by clear and convincing evidence that there is a reasonable certainty that the claims in the accusations are factual. You are not entitled to free attorney representation during this hearing, but you can hire a lawyer. The board counsel or the Attorney General’s Office will represent the board.
At the end of the proceeding, the administrative judge will weigh the available evidence and issue a proposed or recommended decision, outlining their findings and suggesting a resolution. If you are a new applicant, the judge must generally decide whether the board should grant or deny your application. If you are a licensee, the judge will propose whether the board must impose disciplinary action on your license. The judge uses the board’s disciplinary guidelines to formulate their recommendation.
After the judge has written their proposed decision, they will send it to the board. Note that the VMB has the power to adopt, modify, or reject the judge’s proposed decision. The decision will be subject to a vote by board members.
If the members agree with the judge’s decision, that decision becomes final 30 days after the adoption date unless you appeal. However, if the board votes not to adopt the decision, it will rule on the case based on the evidence submitted during the administrative proceeding after oral or written arguments from your lawyer. After a decision becomes final, it is public record.
Board Disciplinary Actions
Penalties the board might impose following an administrative hearing might include the following:
- Written warning
- License probation
- License surrender
- Probation with license suspension
- Public letter of reprimand
- License revocation
- License suspension
- License denial for new applicants
After imposing any of these disciplinary actions, the board reports the penalty to the NDDB (National Disciplinary Database) tracking system.
To contest the board’s decision, that is, if it determines you are guilty, you have the right to seek a review by a Superior Court of California. The judge of the Superior Court will review the administrative judge’s decision and the board’s actions to ensure that the law was properly applied to the facts of the case and that a just procedure was provided under the APA. The superior court judge’s decision can also be reviewed if you appeal to the appellate court.
Find an Experienced Professional License Defense Lawyer Near Me
It is natural to think you can address a complaint against you by merely giving your side of the story. However, the VMB can use whatever you write or say to the investigator against you in disciplinary proceedings. In addition, negotiating a stipulated agreement or arguing your case at the administrative hearing can be challenging without extensive knowledge of litigation, administrative law, and professional licensing law. An experienced attorney can help you present your case most persuasively and safeguard your career.
At Orange County License Attorney, we have been defending licensing professionals, including veterinarians, for years. We understand that even an allegation that seems inconsequential can hurt your career and livelihood. We are ready to mount the most compelling defense to achieve the best possible outcome while protecting your rights. Call us today at 714-782-6386 to set up your free consultation.
