(A) In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or restrict a veterinarian or veterinary technician who has:

(1) violated this chapter or a regulation promulgated by the board;

(2) used a false, fraudulent, or forged statement or document or performed a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

(3) failed to display a license;

(4) caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

(5) misrepresented the inspection of food for human consumption;

(6) used a false or fraudulent statement in a document connected with the practice of veterinary medicine;

(7) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;

(8) failed to provide and maintain facilities as directed by regulation of the board;

(9) refused to allow the board or an authorized representative of the board to inspect the business premises of the licensee during regular business hours;

(10) circulated knowingly untrue, fraudulent, misleading, or deceptive advertising;

(11) engaged in unprofessional or unethical conduct in violation of the American Veterinary Medical Association Code of Professional Ethics or any other standards of professional conduct defined in this chapter or prescribed by regulations of the board;

(12) engaged in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

(13) made a false statement in an oath or affidavit which is required by this chapter;

(14) had another state revoke a license to practice veterinary medicine in that state, pursuant to a disciplinary proceeding;

(15) been convicted on a charge of cruelty to animals;

(16) been convicted of a federal or state law relating to narcotic drugs;

(17) a physical or mental impairment or disability which renders practice dangerous to the public;

(18) performed an act which in any way assists a person to practice in violation of this chapter;

(19) used a controlled substance for other than specific treatment of an animal patient in an illegal manner;

(20) has employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this chapter, can lawfully be done only by a person holding a license to practice veterinary medicine;

(21) practiced veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

(22) been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(23) failed to report, as required by law, or made a false report of a contagious or infectious disease;

(24) been convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;

(25) been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section;

(26) has engaged in a pattern or practice of violations of this chapter or regulations promulgated under this chapter.

(B) In enforcing Subsection (A), items (16), (17), (19), (21), or (22), the board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law or statute. For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State or who files an application for a license to practice veterinary medicine in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients.

(C) In enforcing subsection (A), items (16), (17), (19), (21), or (22), the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State, or who files an application to practice veterinary medicine in this State, is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients.

HISTORY: 2006 Act No. 294, Section 1.

Editor's Note

Prior Laws:1920 (31) 905; Civ. C. '22 Section 2476; 1932 Code Section 5255; 1942 Code Section 5255; 1952 Code Section 56-1562; 1962 Code Section 56-1564; 1974 (58) 2769; 1984 Act No. 457; 1994 Act No. 306, Section 4; 1976 Code Section 40-69-140.