54-2118. VIOLATIONS OF CHAPTER — REMEDIES AND PENALTIES. In addition to the disciplinary actions set forth in section 54-2115, Idaho Code:

(1) Administrative actions.

(a) Any person violating the provisions of this chapter, or violating a rule promulgated by the board to implement the provisions of this chapter, may be fined by the board or its duly authorized agent not more than five thousand dollars ($5,000) for each offense; provided that each act on each day of violation shall constitute a separate offense. Imposition of a fine may be made in conjunction with any other board administrative action. No fine may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If a person fined fails to fully pay the fine, investigatory expenses or reasonable paralegal and attorney’s fees, the board may recover such amount by action in the appropriate district court. Any assessment for costs and attorney’s fees incurred in the investigation and prosecution or defense of a person under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.

(b) The board may establish alternatives to formal disciplinary action for violations of this chapter or board rules that may include a practice remediation program to educate and remediate licensees and certificate holders as a result of practice deficiencies. An alternative to formal discipline may be offered by the board’s liaison officer to a licensee or certificate holder when the officer has determined, in his sound discretion, after consultation with and approval of the board president or vice president if the president is unavailable, that animal and public safety will not be compromised and the violation can most appropriately be resolved without formal discipline. To further the purposes of an alternative to discipline, it will be offered only by or through the liaison officer and, unless the person violates its terms, the full board will not be informed of the alternative to discipline or have to expressly approve its terms. An alternative to formal discipline shall not be available and may not be offered by the liaison officer in any of the following circumstances:

(i) Within the preceding five (5) years, the person has been formally disciplined by the board or been the subject of an alternative to discipline under this subsection;

(ii) The person is currently on probation by the board;

(iii) The person is currently under investigation by the board for any other offense;

(iv) Felony charges are pending against the person, or the person is the subject of a current criminal investigation involving allegations that, if verified, may reasonably be expected to affect the person’s qualifications or eligibility to remain licensed or certified under this chapter; or

(v) The act or omission committed by the person:

1. Caused significant harm to an animal;

2. Created a substantial risk likely to cause significant harm to an animal; or

3. Involved fraud or deception.

Among other terms and conditions, an alternative to formal discipline may require the licensee or certificate holder to comply with the instructions of the board’s liaison officer on remedying the violation, pay a monetary civil penalty to the board of up to one thousand dollars ($1,000) and pay all board investigative expenses and costs associated with the file, if warranted under section 12-117(5), Idaho Code.

Upon successful completion of the terms and conditions of the alternative to discipline, the violation shall not be considered "discipline," shall not be reported to any national disciplinary database, and documents and records related to the violation shall be exempt from disclosure under chapter 1, title 74, Idaho Code.

(2) Civil court proceedings. The board, the attorney general’s office, a county prosecuting attorney or any citizen of this state may bring an action in the district court of either Ada county or any county where a violation is occurring, to enjoin any person from practicing veterinary medicine or practicing as a certified veterinary technician, certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification. If the court finds that the person is violating the provisions of this chapter, it shall enter an injunction restraining that person from such unlawful acts.

(3) Criminal actions. Any person who practices veterinary medicine, any person practicing as a certified veterinary technician, a certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification shall be guilty of a misdemeanor and upon conviction or withheld judgment shall be fined not less than one hundred dollars ($100), nor more than ten thousand dollars ($10,000), or incarcerated for no more than one hundred eighty (180) days, or both fined and incarcerated, and provided that each act of such unlawful practice shall constitute a distinct and separate offense.

(4) The remedies set forth in this section are not mutually exclusive and a successful action on any one (1) remedy does not preclude action on some or all of the other remedies.

History:

[(54-2118) 54-2117, 54-2116, added 1971, ch. 173, sec. 16, p. 812; am. 1983, ch. 139, sec. 16, p. 345; am. and redesig. 1990, ch. 111, sec. 16, p. 233; am. 1995, ch. 62, sec. 12, p. 156; am. and redesig. 2000, ch. 122, sec. 13, p. 288; am. 2001, ch. 149, sec. 10, p. 543; am. 2010, ch. 104, sec. 1, p. 201; am. 2015, ch. 141, sec. 145, p. 492; am. 2016, ch. 343, sec. 1, p. 980; am. 2018, ch. 348, sec. 13, p. 811.]