State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-187_8

§ 90‑187.8. Discipline of licensees.

(a)        Upon complaint or information, and within the Board'sdiscretion, the Board may revoke or suspend a license issued under thisArticle, may otherwise discipline a person licensed under this Article, or maydeny a license required by this Article in accordance with the provisions ofthis Article, Board rules, and Chapter 150B of the General Statutes. As used inthis section, the word "license" includes a license, a limitedlicense, a veterinary faculty certificate, a zoo veterinary certificate, and aregistration of a veterinary technician, a veterinary student intern, and aveterinary student preceptee.

(b)        The Board may impose and collect from a licensee a civilmonetary penalty of up to five thousand dollars ($5,000) for each violation ofthis Article or a rule adopted under this Article. The clear proceeds of thesecivil penalties shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.

The amount of the civil penalty, up to the maximum, shall be determinedupon a finding of one or more of the following factors:

(1)        The degree and extent of harm to the public health or to thehealth of the animal under the licensee's care.

(2)        The duration and gravity of the violation.

(3)        Whether the violation was committed willfully orintentionally or reflects a continuing pattern.

(4)        Whether the violation involved elements of fraud ordeception either to the client or to the Board, or both.

(5)        The prior disciplinary record with the Board of thelicensee.

(6)        Whether and the extent to which the licensee profited by theviolation.

(c)        Grounds for disciplinary action shall include but not belimited to the following:

(1)        The employment of fraud, misrepresentation, or deception inobtaining a license.

(2)        An adjudication of insanity or incompetency.

(3)        The impairment of a person holding a license issued by theBoard, when the impairment is caused by that person's use of alcohol, drugs, orcontrolled substances, and the impairment interferes with that person's abilityto practice within the scope of the license with reasonable skill and safetyand in a manner not harmful to the public or to animals under the person'scare.

(4)        The use of advertising or solicitation which is false,misleading, or deceptive.

(5)        Conviction of a felony or other public offense involvingmoral turpitude.

(6)        Incompetence, gross negligence, or other malpractice in thepractice of veterinary medicine.

(7)        Having professional association with or knowingly employingany person practicing veterinary medicine unlawfully.

(8)        Fraud or dishonesty in the application or reporting of anytest for disease in animals.

(9)        Failure to keep veterinary premises and equipment in a cleanand sanitary condition, violating an administrative rule of the Boardconcerning the minimum sanitary requirements of veterinary hospitals,veterinary clinics, or other practice facilities, or violating other State orfederal statutes, rules, or regulations concerning the disposal of medicalwaste.

(10)      Failure to report, as required by the laws and regulations ofthe State, or making false report of, any contagious or infectious disease.

(11)      Dishonesty or gross negligence in the inspection offoodstuffs or the issuance of health or inspection certificates.

(12)      Conviction of a criminal offense involving cruelty to animalsor the act of cruelty to animals.

(13)      Revocation of a license to practice veterinary medicine byanother state, territory or district of the United States only if the groundsfor revocation in the other jurisdiction would also result in revocation of thepractitioner's license in this State.

(14)      Unprofessional conduct as defined in regulations adopted bythe Board.

(15)      Conviction of a federal or state criminal offense involvingthe illegal use, prescription, sale, or handling of controlled substances,other drugs, or medicines.

(16)      The illegal use, dispensing, prescription, sale, or handlingof controlled substances or other drugs and medicines.

(17)      Failure to comply with regulations of the United States Foodand Drug Administration regarding biologics, controlled substances, drugs, ormedicines.

(18)      Selling, dispensing, prescribing, or allowing the sale,dispensing, or prescription of biologics, controlled substances, drugs, ormedicines without a veterinarian‑client‑patient relationship withrespect to the sale, dispensing, or prescription.

(19)      Acts or behavior constituting fraud, dishonesty, ormisrepresentation in dealing with the Board or in the veterinarian‑client‑patientrelationship. (1903, c. 503, s.10; Rev., s. 5436; C.S., s. 6759; 1953, c. 1041, s. 16; 1961, c. 353, s. 7;1973, c. 1106, s. 1; c. 1331, s. 3; 1981, c. 767, ss. 12, 13; 1987, c. 827, s.1; 1993, c. 500, s. 15; 1998‑215, s. 136.)