(1) Upon receipt of a signed
complaint by a complainant or upon its own motion, the board may proceed to a
hearing in accordance with section 12-315-113. After a hearing, and by a
concurrence of a majority of members, the board may take disciplinary or other
action as authorized in section 12-20-404 against an applicant for a license or a
licensed veterinarian for any of the following reasons:
(a) Violation of any provision of this article 315, an applicable provision of
article 20 or 30 of this title 12, or any rule or order of the board;
(b) Violation of section 12-280-121 or any rules of the state board of
pharmacy promulgated pursuant to that section;
(c) Fraud, misrepresentation, or deception in attempting to obtain or in
obtaining a license;
(d) Fraud, deception, misrepresentation, or dishonest or illegal practices in or
connected with the practice of veterinary medicine;
(e) Misrepresentation in the inspection of food for human consumption;
(f) Fraudulent issuance or use of any health certificate, vaccination
certificate, test chart, or blank form used in the practice of veterinary medicine to
prevent the dissemination of animal disease, transportation of diseased animals, or
the sale of inedible products of animal origin for human consumption;
(g) Fraud or dishonesty in the application or reporting of any test for disease
in animals;
(h) Failure to keep veterinary premises and equipment in a clean and sanitary
condition;
(i) Refusal to permit the board to inspect veterinary premises during
business hours;
(j) Use of advertising or solicitation that is false or misleading;
(k) Incompetence, negligence, or other malpractice in the practice of
veterinary medicine;
(l) Unprofessional or unethical conduct or engaging in practices in
connection with the practice of veterinary medicine that are in violation of generally
accepted standards of veterinary practice as defined in this article 315 or
prescribed by the rules of the board;
(m) Willful making of any false statement as to any material matter in any
oath or affidavit that is required by this article 315;
(n) Conviction of a charge of cruelty to animals;
(o) Conviction of a violation of the Uniform Controlled Substances Act of
2013, article 18 of title 18, the federal Controlled Substances Act, 21 U.S.C. sec.
801 et seq., as amended, or the federal Controlled Substances Import and Export
Act, 21 U.S.C. sec. 951 et seq., as amended, or any of them;
(p) Conviction of a crime in the courts of this state or of a crime in any other
state, any territory, or any other country for an offense related to the conduct
regulated by this part 1, regardless of whether the sentence is deferred. As used in
this subsection (1)(p), conviction includes a plea of guilty or a plea of nolo
contendere accepted by the court.
(q) Conviction upon charges that involve the unlawful practice of veterinary
medicine, and, based upon a record of the conviction, without any other testimony,
the board may take temporary disciplinary action, even though an appeal for review
by a higher court may be pending;
(r) Permitting another to use the licensee's license for the purpose of
treating or offering to treat sick, injured, or afflicted animals;
(s) Practicing veterinary medicine under a false or assumed name, or
impersonating another practitioner of a like, similar, or different name;
(t) Maintenance of a professional or business connection with any other
person who continues to violate any of the provisions of this article 315 or rules of
the board after ten days following receipt of the board's written request for
termination of the connection;
(u) Habitual or excessive use or abuse of alcohol beverages, a habit-forming
drug, or a controlled substance as defined in section 18-18-102 (5);
(v) A determination that the individual is mentally incompetent by a court of
competent jurisdiction and the court has entered, pursuant to part 3 or 4 of article
14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that
the mental incompetency is of such a degree that the individual is incapable of
continuing to practice veterinary medicine;
(w) Engaging in the practice of veterinary medicine while in inactive status or
while the person's license is expired;
(x) Failing to report a known violation of any of the provisions of this section;
(y) Administering, dispensing, distributing, or prescribing any prescription
drug other than in the course of a veterinarian-client-patient relationship, except in
accordance with section 12-315-105 (2)(b);
(z) An act or omission that fails to meet generally accepted standards of
veterinary practice;
(aa) Practicing or performing services beyond a licensee's scope of
competence;
(bb) Engaging in any act prohibited in article 280 of this title 12;
(cc) Failure to respond to a complaint against the licensed veterinarian;
(dd) Failure to provide to the board an updated mailing address and other
contact information as required by the board within thirty days after a change in the
information;
(ee) [ Editor's note: This version of subsection (1)(ee) is effective until
January 1, 2026. ] Failure to properly supervise a veterinary student, a veterinary
student preceptor, a veterinary technician, a veterinary technician specialist, other
veterinary staff, or other individuals who are performing tasks under a licensed
veterinarian's supervision;
(ee) [ Editor's note: This version of subsection (1)(ee) is effective January 1,
2026. ] Failure to properly supervise a veterinary student, a veterinary student
preceptor, a veterinary technician, a veterinary professional associate, a veterinary
technician specialist, other veterinary staff, or other individuals who are performing
tasks under a licensed veterinarian's supervision;
(ff) Failure to provide a written prescription to a wholesaler within three
business days after issuing an oral prescription order, as required by section 12-280-120 (3)(b);
(gg) Failure to comply with terms agreed to under a confidential agreement
entered into under sections 12-30-108 and 12-315-125.
(2) The board may send a letter of admonition to a licensee under the
circumstances specified in and in accordance with section 12-20-404 (4).
(3) The board may send a confidential letter of concern to the licensee under
the circumstances specified in section 12-20-404 (5).
(4) The record of conviction of a felony in a court of competent jurisdiction
shall be sufficient evidence for the disciplinary action to be taken as may be
deemed proper by the board. For the purposes of this part 1, a conviction shall be
deemed to be a conviction that has been upheld by the highest appellate court
having jurisdiction or a conviction upon which the time for filing an appeal has
passed.
(5) With respect to denying the issuance of a veterinary license or to taking
disciplinary action against a veterinarian, the board may accept as prima facie
evidence of grounds for the action any federal or state action taken against a
veterinarian from another jurisdiction if the violation that prompted the disciplinary
action in the jurisdiction would constitute grounds for disciplinary action under this
section.
(6) In addition to any other penalty that may be imposed pursuant to this
section, any person violating this part 1 or any rules promulgated pursuant to this
part 1 may be fined not less than one hundred dollars nor more than one thousand
dollars for any such violation.
(7) The board may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405; except that
the board may also issue a cease-and-desist order on its own motion.
(8) The board may suspend the license of a veterinarian who fails to comply
with an order of the board issued in accordance with this section. The board may
impose the license suspension until the licensee complies with the board's order.