§ 73-39-91. Penalties

MS Code § 73-39-91 (2019) (N/A)
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(1) Any person who practices veterinary medicine without a valid license or temporary permit issued by the board is guilty of a misdemeanor and, upon conviction, shall be fined an amount of not more than Five Hundred Dollars ($500.00) nor less than One Hundred Dollars ($100.00) per violation if each act of such unlawful practice constitutes a distinct and separate offense.

(2) Any person not licensed under this chapter is considered to have violated this chapter and may be subject to all the penalties provided for such violations if he:

(a) Performs any of the functions described as the practice of veterinary medicine as defined in this chapter;

(b) Represents, directly or indirectly, publicly or privately, an ability and willingness to perform any of the functions described as the practice of veterinary medicine as defined in this chapter; or

(c) Uses any title, words, abbreviation or letters in a manner or under circumstances that induces the belief that the person using them is qualified to perform any of the functions described as the practice of veterinary medicine as defined in this chapter.

(3) The board may bring an action to enjoin any person from practicing veterinary medicine without a valid license or temporary permit issued by the board. If the court finds that the person is violating or is threatening to violate this chapter, it shall enter an injunction restraining him from the unlawful acts.

(4) Notwithstanding any other provisions of this chapter, the board may take immediate action if there is an imminent threat to the health, safety or welfare of the public. The board shall find that this action is necessary for the protection of the public and necessary to effectively enforce this chapter. If the board takes immediate action under this subsection, efforts shall be made as soon as possible to proceed in accordance with a hearing under Section 73-39-81.

(5) In addition to any other penalty or remedy provided by law, the board may implement a system of cite and fine procedures for licensed and nonlicensed persons who violate the state veterinary practice act. The board may also impose a civil penalty, upon conviction, for each separate violation. This civil penalty shall be in an amount not to exceed Five Hundred Dollars ($500.00) for each violation and shall be assessed by the board in accordance with the provisions set forth in Section 73-39-81.

(6) The success or failure of an action based on any one (1) of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.