§ 3321 — Grounds for discipline; procedure

(a) A veterinary technician licensed under this subchapter shall be subject to disciplinary actions set forth in § 3322 of this title, if, after a hearing, the Board finds that the veterinary technician:

(1) Has been found guilty of unprofessional conduct as defined in the Board’s rules and regulations;

(2) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinary technician; has impersonated another person holding a license, or allowed another person to use that veterinary technician’s license, or aided or abetted a person not licensed as a veterinary technician to represent himself or herself as a veterinary technician;

(3) Has illegally, incompetently or negligently practiced as a veterinary technician;

(4) Has been convicted of any crime that is substantially related to the practice of veterinary medicine as determined by the Board or any offense that would limit the ability of the licensee to carry out the licensee’s professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;

(5) Has expressively used or abused drugs; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the licensee’s ability to perform the work of a veterinary technician;

(6) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(7) Has wilfully violated any privileged communication;

(8) Has been cruel to animals;

(9) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;

(10) Has had that veterinary technician’s license as a veterinary technician suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a veterinary technician in this State shall be deemed to have given consent to the release of this information by the Board of Veterinary Technicians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(11) Has failed to notify the Board that the veterinary technician’s license as a veterinary technician in another State has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee’s right to practice as a veterinary technician shall be limited by the Board until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

Legislative History

75 Del. Laws, c. 295, § 39 ; 70 Del. Laws, c. 186, § 1