Acquiring a veterinarian license in California involves a significant investment of time and resources. But losing the same license can happen faster than you obtained it. Once you lose your license, you can no longer practice your career, affecting your livelihood and path to success. For these reasons, you want to act faster and defend your license if you face allegations of professional misconduct or other violations as a veterinarian. To increase your chances of successfully defending your license and protecting your rights, you need help from an experienced professional license defense lawyer. 

At the Law Office of Sara L. Caplan, our lawyers are devoted to safeguarding professional licenses when they face investigations and disciplinary actions. We will help you understand the allegations against you from a legal standpoint and advise you on how to proceed. We have defended hundreds of veterinarians in Los Angeles and are ready to extend the same expertise to you. Call us now for a consultation.

The Veterinary Medical Board Constitution and Mission

California's laws regulating veterinarian doctors’ and technicians’ licensing are described under Business & Professions (BPC) 4800-4917. These laws informed the establishment of the Veterinary Medical Board (VMB), overseen by the Department of Consumer Affairs (DCA). The VMB has seven members, three of whom are members of the public.

Per BPC 4800-4917, every member of the VMB must have graduated from a state-recognized veterinary college. Also, each member must have resided in California for at least five years before being appointed to VMB. They must also be licensed veterinarians and should have practiced in California for the past five years.

The public board members must have resided in California for at least five years. They must also not be members of any other state boards or have licenses from those boards. These laws require the board members to hold the office for terms of four years. Every member must remain in office until they are replaced or 12 months upon the expiration of their service term. 

The state governor appoints five of the seven members, one of whom must be a public member. The Senate and the Speaker will appoint the remaining two members, all of whom must be public members per the law. The board must then appoint an executive officer who will carry out duties as the board directs. The appointee must not be from the civil service.

The VMB issues licenses to qualified persons and oversees every license holder to ensure compliance. Its mission is to safeguard all consumers and animals by:

  • Regulating license holders,
  • Enforcing the California Veterinary Medicine Practice Act, and
  • Fostering professional standards

To acquire a veterinary technician or veterinary doctor license, you must complete the required education level. You must also have not been found guilty of an offense against the duties and morals of a veterinarian. Veterinary doctors are doctors of animals. They diagnose, treat, and care for pets and even other animals. Veterinary technicians, on the other hand, are animal nurses. They help veterinary doctors in various ways.

When the VMB issues a veterinary technician or doctor license, the license holder must follow several ongoing requirements to avoid sanctions. If you face a veterinary license problem, you want to consult a skilled professional license defense lawyer.

VMB License Denial

The VMB can deny you a veterinary license for various reasons. Prevalent reasons include making false statements on the application or a criminal conviction of an offense related to a veterinarian's functions, qualifications, and duties. If the board has declined to issue you a license, you can contest its denial before the OAH (Office of Administrative Hearings) in a Statement of Issues hearing. You want to understand the correct procedure and argue your case most effectively to change the VMB's minds. If you win at the hearing, the board will award your veterinary license, and you can practice.

VMB Accusations

If you face an accusation as a veterinary technician or doctor, the VMB can sanction your license or even take it away as punishment. Common accusations you can be subject to include:

  • Aiding and abetting unlicensed practice–This entails assisting unlicensed individuals in practicing veterinary medicine. This includes helping them perform procedures or offer services that necessitate a license. Doing so is a severe matter since it can expose animals to the risk of injury from unqualified people. It also undermines the regulations that ensure the safety and quality of veterinary practice.
  • Failure to report animal abuse–veterinary technicians and doctors are usually better placed to detect signs of animal neglect or abuse. The law requires them to report these incidents to the proper authorities. Failure to report neglects the animals’ welfare and may be considered a breach of legal duty.
  • False advertising–This could entail making deceptive, untrue, or misleading statements regarding the treatments’ effectiveness, staff qualifications, and services offered. False advertising could result in clients making uninformed decisions regarding their animal care. This may result in harmful or ineffective treatments.
  • Negligence–Refers to failure to provide the standard of care a reasonable technician or veterinarian would provide under the same circumstances. Examples are incorrect treatment, misdiagnosis, failure to provide the necessary postoperative care, or surgical errors. Negligence is a prevalent basis for legal action and complaints. It can result in deterioration or harm to an animal's health.
  • Animal cruelty–This entails any action that inflicts unnecessary harm or suffering on animals. This may include harsh treatment during handling or performing procedures in a manner that causes distress or undue pain. It may also involve neglecting the welfare of animals in your care. Such conduct severely violates the professional and ethical standards required in the veterinary field.

Other grounds for accusations include the following:

  • Unprofessional conduct
  • Abuse of illegal drugs, prescription drugs, or alcohol
  • Gross immorality
  • Incompetence
  • Conviction of an offense substantially related to the functions, duties, and qualifications of a veterinarian
  • Falsifying records 
  • Narcotics-related transgressions
  • Obtaining a veterinarian license by misrepresentation, fraud, or mistake

Note that the board does not have jurisdiction over complaints about collection methods, fee disputes, or personal conflicts.

What Happens When The VMB Receives a Complaint Against You?

Every year, the VMB receives more than a thousand complaints against licensees. These complaints come from consumers, professional societies, police agencies, and other government agencies. The board also receives information on misconduct through routine auditing of license holders and self-reporting on license renewals.

When the board receives a complaint against you, it reviews, analyzes, and processes it with the help of its investigators. The board will close the complaint if it falls outside of its jurisdiction and does not involve a basis for disciplinary actions. Examples of complaints that the board may close are those involving personality conflicts.

Otherwise, if the board has jurisdiction, it will send you a letter. Based on the allegations, the board will require narrative statements, medical records, like radiographs, and answers to particular questions. It might also request records from other agencies involved in the case.

Board investigators may even require you to appear in person to answer some questions. However, do not go without speaking to an experienced license defense attorney first. You risk incriminating yourself if you appear without proper counsel. Similarly, do not talk to the board investigators without first talking to a lawyer.

While the review and investigations are ongoing, the board may issue an interim suspension against your license. This refers to a temporary suspension order that prohibits you from practicing veterinary medicine until investigations are over and the board makes a further determination. Interim suspensions are likely if the allegations are severe. If you face an interim suspension order, you want to talk to an attorney. They may be able to have the board lift the order so you can continue to practice while awaiting the review to be over.

Once the review is over, the board might determine the accusations are unsubstantiated. Alternatively, the board might deduce that the allegations are valid and decide what action to take, if necessary. The board’s options include:

  • Closing the complaint on the basis that it has no merit
  • Handling the issue in-house and issuing a fine, citation, or private reprimand. This often happens if it is a minor case.
  • Closing the complaint despite its determination that the complaint has merit. This can happen if there is inadequate evidence to proceed.
  • Referring the case to the Office of the Attorney General for formal disciplinary action

If the VMB sends your case to the Office of the Attorney General, a deputy attorney general will take over. They will file a formal Accusation if you are a licensee or a Statement of Issues if you are an applicant. Filing an Accusation or Statement of Issues initiates a formal process under the California Administrative Procedures Act.

At this point, the deputy attorney general seeks to deny you a license if you are an applicant. If you are a licensee, they seek to revoke, suspend, or place the license on probation with several probationary conditions. The attorney general’s office will inform you of the Accusation or Statement of Issues filed against you. 

If you receive notice that the deputy attorney general has filed an Accusation or Statement of Issues against you, you have fifteen days to respond. You respond by filing a Notice of Defense. Failure to file your response within the stipulated period can lead to a default judgment against you. A default judgment will immediately strip you of your license and prohibit you from practicing veterinary medicine in California.

However, you will be granted your day in court if you file a Notice of Defense. You will be subject to an administrative hearing at one of the Offices of Administrative hearing. An administrative law judge (ALJ) will preside over the hearing. The deputy attorney general will represent the board, while you have the right to your own lawyer as well.

The judge will allow the board and the defense to present their cases, arguments, and witnesses. Either side will also have the chance to cross-examine the other’s witnesses. Once the hearing is over, the judge will render a ruling. If you win the case, you can continue your veterinary practice. But if the judge determines you are guilty, they will write their recommendations to the board about the disciplinary action it should impose. The board has the discretion to adopt the judge’s recommendations and impose disciplinary action, or it can modify or drop them altogether.

Before imposing disciplinary action, the board considers aggravating and mitigating factors per the official disciplinary guidelines of the Veterinary Medical Board. The disciplinary actions the board may impose after the administrative proceedings include:

  • A public reprimand
  • Placing your license on probation
  • Probation with suspension
  • License suspension
  • License revocation
  • Surrender of license
  • Denial of license application
  • Orders to practice under another veterinarian’s supervision
  • Placement into a diversion program for alcohol or drug abuse
  • Orders to undergo ethics training
  • Orders to take additional continuing education

After issuing disciplinary action, the board also reports the discipline to the NDDB (National Disciplinary Database) tracking system. Remember that the board makes all disciplinary actions public, which means prospective clients might see them.

If you are not satisfied with the outcome of the administrative hearing, you can appeal the judge’s ruling to a higher court. You have sixty days to file your appeal, so you need to do it faster. Note that the judge will not hear your case afresh in case of appeal. They will just review the ALJ’s ruling to determine whether there were procedural mistakes.

Find a Skilled Professional License Attorney Near Me

Do not panic if you are under investigation by the VMB or face a formal accusation. Being under investigation or facing an accusation does not mean you are guilty. The most crucial thing to do at either stage is to contact a knowledgeable, professional license defense lawyer. An attorney will help you navigate the process while protecting your rights and license.

At the Law Office of Sara L. Caplan, we have helped veterinarians facing disciplinary action in Los Angeles receive the best outcome for their cases. We have skilled attorneys with years of experience defending against veterinarian license and other professional licenses. We understand how devastating it can be to lose a career, and we strive to fight for our clients’ best interests. Call us now at 310-550-5877 for a free and confidential consultation.