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Delaware

West's Delaware Code Annotated. Title 24. Professions and Occupations. Chapter 33. Veterinarians.

Statute Details
Printable Version
Citation: DE ST TI 24 3300 - 3323

Citation: 24 Del.C. 3300 - 3323


Last Checked by Web Center Staff: 12/2012

Summary:  

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.



Statute in Full:

Definitions, Title and Objectives of Chapter

§ 3300. Short title

§ 3301. Objectives of Board

§ 3302. Definitions

Licensing of Practitioner and Board Member Requirements

§ 3303. License requirement and exceptions

§ 3304. Board of Veterinary Medicine--Appointment; composition; qualifications; term of office; suspension or removal; compensation

§ 3305. Board of Veterinary Medicine--Officers; meetings; quorum

§ 3306. Board of Veterinary Medicine--Powers and duties

§ 3307. Records

§ 3308. Fees

§ 3309. Issuance of license; renewal; inactive status; reinstatement

§ 3310. Complaints

§ 3311. Hearing Procedures

Disciplinary Actions and Hearings

§ 3312. Reinstatement of a suspended license; removal from probationary status; replacement of license

§ 3313. Qualifications of applicant; report to Attorney General; judicial review

§ 3314. Reciprocity

§ 3315. Temporary license and permit

§ 3316. Grounds for discipline; procedure

§ 3317. Disciplinary sanctions

§ 3318. Practicing without a license; penalties

§ 3319. Qualifications of applicant; report to Attorney General; judicial review

§ 3320. Reciprocity, lapsed license, reinstatement and temporary licensure

§ 3321. Grounds for discipline; procedure

§ 3322. Disciplinary sanctions

§ 3323. Practicing without a license; penalties

 

 

§ 3300. Short title

This chapter shall be known as the “Delaware Veterinary Practice Act.”

CREDIT(S)

57 Laws 1969, ch. 178. Redesignated from 24 § 3301 by 75 Laws 2006, ch. 295, § 1, eff. Oct. 1, 2006.

 

§ 3301. Objectives of Board

The primary objective of the Board of Veterinary Medicine, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaints hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed and formerly licensed.

CREDIT(S)

63 Laws 1982, ch. 460, § 1; 72 Laws 1999, ch. 207, § 1, eff. July 20, 1999. Redesignated from 24 § 3300 by 75 Laws 2006, ch. 295, § 1, eff. Oct. 1, 2006.

 

§ 3302. Definitions

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) “Accredited veterinary medicine school” shall mean any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association (AVMA).

(2) “Animal” shall mean any animal other than man or woman, and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.

(3) “Board” shall mean the State Board of Veterinary Medicine established in this chapter.

(4) “Division” shall mean the state Division of Professional Regulation.

(5) “Practice of veterinary medicine” shall mean:

a. To diagnose, prognose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, for testing for pregnancy or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above;

b. To represent directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph a. of this subsection;

c. To use any title, words, abbreviation or letters in a manner or under circumstances, which induce the belief that the person using them is qualified to do any act, described in paragraph a. of this subsection, except where such person is a veterinarian.

(6) “State” shall mean the State of Delaware.

(7) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of veterinary medicine.

(8) “Veterinarian” shall mean a person who has received a degree in veterinary medicine from a school of veterinary medicine.

(9) “Veterinary medicine” shall include veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.

(10) “Veterinary technician” shall mean a person who has received a degree from a veterinary technician program or its equivalent.

CREDIT(S)

57 Laws 1969, ch. 178; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 2, eff. July 20, 1999; 74 Laws 2004, ch. 262, § 68, eff. Dec. 19, 2004; 75 Laws 2006, ch. 295, §§ 2 to 6, eff. Oct. 1, 2006.

 

§ 3303. License requirement and exceptions

No person may practice veterinary medicine in the State who is not a Delaware-licensed veterinarian or the holder of a valid temporary permit issued by the Board. This chapter shall not be construed to prohibit:

(1) An employee of the federal, state or local government performing official duties;

(2) A person who is a regular student in a veterinary school or veterinary technician program performing duties or actions assigned by instructors, or working under the direct supervision of a licensed veterinarian during the school vacation period;

(3) A person advising with respect to or performing acts which the Board rule has or has not prescribed as accepted livestock management practices;

(4) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State;

(5) Any merchant or manufacturer selling at the merchant's or manufacturer's regular place of business medicines, feed, appliances or other products used in the prevention or treatment of animal diseases;

(6) The owner of an animal and the owner's employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter;

(7) A member of the faculty of a veterinary school performing regular functions, or a person lecturing or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar;

(8) Any person selling or applying any pesticide, insecticide or herbicide;

(9) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals;

(10) Any person from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities shall not include diagnosing, prognosing, prescribing, inducing anesthesia, performing surgery or other support activities as defined in regulations adopted by the Board.

(11) A licensed veterinary technician from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities shall not include diagnosing, prognosing, prescribing, performing surgery or other support activities as defined in regulations adopted by the Board.

CREDIT(S)

57 Laws 1969, ch. 178; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 3, eff. July 20, 1999; 72 Laws 1999, ch. 207, § 4, eff. July 20, 1999; 75 Laws 2006, ch. 295, §§ 7 to 11, eff. Oct. 1, 2006.

 

§ 3304. Board of Veterinary Medicine--Appointment; composition; qualifications; term of office; suspension or removal; compensation

(a) There is created a State Board of Veterinary Medicine which shall administer and enforce this chapter.

(b) The Board of Veterinary Medicine shall consist of 7 members appointed by the Governor: 3 professional members who shall be licensed veterinarians; 2 professional members who shall be licensed veterinary technicians appointed so that the terms of the 2 newly appointed veterinary technicians do not expire in the same year; and 2 public members. To serve on the Board, a public member shall not be nor ever have been a veterinarian or veterinary technician, nor a member of the immediate family of a veterinarian or veterinary technician; shall not have been employed by a veterinarian or veterinary technician; shall not have had a material financial interest in the providing of goods and services to veterinarian or veterinary technicians nor have been engaged in an activity directly related to veterinary medicine or veterinary technicians. Such public member shall be accessible to inquiries, comments and suggestions from the general public.

(c) Each member shall serve for a term of 3 years and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

(d) A person who has never served on the Board may be appointed to the Board 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.

(e) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment.

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(g) No member of the Board, while serving on the Board, shall hold elective office in any state or national professional association of veterinarians or veterinary technicians. Board members are prohibited from serving as an officer of their professional association's Political Action Committee (PAC).

(h) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.

(i) Each Board member shall be reimbursed for all expenses involved in each meeting, including travel according to Division of Professional Regulation policy; and in addition shall receive not more than $50 for each meeting attended, but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.

CREDIT(S)

22 Laws 1903, ch. 364, § 3; 57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 2; 64 Laws 1984, ch. 448, §§ 1, 10; 67 Laws 1990, ch. 368, § 21; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, §§ 5 to 10, eff. July 20, 1999; 75 Laws 2006, ch. 295, §§ 12, 13, eff. Oct. 1, 2006.


 

§ 3305. Board of Veterinary Medicine--Officers; meetings; quorum

(a) In the same month of each year, the members shall elect, from among their number, a President and a Vice President. Each officer shall serve for 1 year and may successively serve in the same office for 1 additional year.

(b) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the President deems necessary; or at the request of a majority of Board members. Special or emergency meetings may be held without notice provided a quorum is present.

(c) A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least 4 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed.

(d) Minutes of all meetings shall be recorded, and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 3; 64 Laws 1983, ch. 117, § 2; 65 Laws 1986, ch. 355, § 1; 68 Laws 1992, ch. 244, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 11, eff. July 20, 1999; 75 Laws 2006, ch. 295, § 14, eff. Oct. 1, 2006.

 

§ 3306. Board of Veterinary Medicine--Powers and duties

(a) The Board of Veterinary Medicine shall have authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected, where such notice can reasonably be given; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter;

(2) Designate the application form to be used by all applicants, and process all applications; however, no application form shall require a picture of the applicant, nor require information relating to citizenship, place or date of birth, length of state residency, marital status, professional association memberships, moral character or require personal or professional references;

(3) Designate the written national examinations for veterinarians and veterinary technicians, prepared by either the applicable national professional association or by a recognized legitimate national testing service, and determine whether applicants are qualified to take such examinations. The examinations shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. Veterinarians and veterinary technicians applying for licensure shall take the applicable national examination; and both applicants who qualify for original licensure and licensure by reciprocity shall have achieved the passing score on the national examination;

(4) Evaluate the credentials of all persons applying for a license to practice veterinary medicine or as a veterinary technician in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;

(5) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure and/or renewal of licenses;

(6) Establish by rule and regulation continuing education standards required for license renewal;

(7) Evaluate certified records to determine whether an applicant for licensure, who has been previously licensed, certified, or registered in another jurisdiction to practice veterinary medicine or as a veterinary technician, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses;

(8) Refer all complaints from licensees and the public concerning licensed veterinarians or veterinary technicians, or concerning practices of the Board or of the professions, to the Division for investigation pursuant to § 8735 of Title 29; and, assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29;

(10) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

(b) The Board may require by subpoena the attendance and testimony of witnesses and production of papers, records or other documentary evidence.

(c) The Board of Veterinary Medicine shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of veterinary medicine.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 4; 68 Laws 1992, ch. 244, § 2; 72 Laws 1999, ch. 207, § 12, eff. July 20, 1999; 72 Laws 1999, ch. 207, § 13, eff. July 20, 1999; 72 Laws 1999, ch. 207, § 14, eff. July 20, 1999; 72 Laws 1999, ch. 207, § 15, eff. July 20, 1999; 72 Laws 1999, ch. 207, § 16, eff. July 20, 1999; 74 Laws 2004, ch. 262, § 69, eff. Dec. 19, 2004; 75 Laws 2006, ch. 295, §§ 15 to 19, eff. Oct. 1, 2006.

 

§ 3307. Records

The Division of Professional Regulation shall keep a register of all approved applications for license as a veterinarian or veterinary technician, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

CREDIT(S)

72 Laws 1999, ch. 207, § 18, eff. July 20, 1999. Redesignated from 24 § 3308 and amended by 75 Laws 2006, ch. 295, § 21, eff. Oct. 1, 2006.

 

§ 3308. Fees

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fee for the licensure biennium.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 8; 65 Laws 1986, ch. 355, § 1; 72 Laws 1999, ch. 207, §§ 20 to 23, eff. July 20, 1999. Redesignated from 24 § 3310 by 75 Laws 2006, ch. 296, § 23, eff. Oct. 1, 2006.

 

§ 3309. Issuance of license; renewal; inactive status; reinstatement

(a) The Board shall issue a license to each applicant, who meets the requirements of this chapter for licensure as a veterinarian or as a veterinary technician, and who pays the fee established under § 3308 of this title.

(b) Each license shall be renewed biennially upon submission of a renewal application provided by the Board along with the evidence of continuing education courses, unless waived by the board, as may be required by the rules and regulations set forth by the Board and payment of the renewal fee as determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a practitioner may still renew the license, notwithstanding the fact that such practitioner has failed to renew on or before the renewal date; provided, however, that such period shall not exceed 1 year. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable, unless the former licensee re-applies under the same conditions which govern reciprocity.

(c) A licensee, upon written request, may be placed in an inactive status. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board's rules and regulations.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 9; 64 Laws 1983, ch. 163, § 1; 64 Laws 1984, ch. 448, §§ 4-9; 65 Laws 1986, ch. 355, § 1; 67 Laws 1989, ch. 145, §§ 2-4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, §§ 24 to 29, eff. July 20, 1999. Redesignated from 24 § 3311 and amended by 75 Laws 2006, ch. 295, § 24, eff. Oct. 1, 2006.

 

§ 3310. Complaints

Anyone desiring to file a complaint against any person practicing veterinary medicine shall file a written complaint with the Division of Professional Regulation. All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 10; 65 Laws 1986, ch. 355, § 1; 72 Laws 1999, ch. 207, § 30, eff. July 20, 1999. Redesignated from 24 § 3312 and amended by 75 Laws 2006, ch. 295, § 25, eff. Oct. 1, 2006.


 

§ 3311. Hearing Procedures

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 3316 or § 3321 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter, as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the licensee.

(c) Where the licensee is in disagreement with the action of the Board, the licensee may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the licensee. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 13; 65 Laws 1986, ch. 323, § 1; 72 Laws 1999, ch. 207, § 32, eff. July 20, 1999. Redesignated from 24 § 3315 and amended by 75 Laws 2006, ch. 295, § 28, eff. Oct. 1, 2006.

 

§ 3312. Reinstatement of a suspended license; removal from probationary status; replacement of license

(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.

(b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.

(c) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge set by the Division shall be made for such issuance.

CREDIT(S)

57 Laws 1969, ch. 178; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 34, eff. July 20, 1999. Redesignated from 24 § 3317 by 75 Laws 2006, ch. 295, § 30, eff. Oct. 1, 2006.

 

§ 3313. Qualifications of applicant; report to Attorney General; judicial review

(a) An applicant who is applying for licensure as a veterinarian under this subchapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree of Doctor of Veterinary Medicine or its equivalent from a school or college accredited by the American Veterinary Medical Association, or if the applicant's degree is not from an AVMA-accredited school or college, possess a certificate issued by a certifying Commission approved by the Delaware Board;

(2) Has achieved the passing score on the written standardized examination for veterinarians designated by the Board pursuant to § 3306 of this title.

(3) Has not had that applicant's United States Drug Enforcement Administration (DEA) privileges restricted or revoked; or

(4) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) Shall not have a criminal conviction record, or pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of veterinary medicine. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of veterinary medicine; however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(5), if it finds all of the following:

a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c. The applicant is capable of practicing veterinary medicine in a competent and professional manner.

d. The granting of the waiver will not endanger the public health, safety or welfare.

(6) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this subchapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed as a veterinarian.

(b) In the event the applicant shall have been the recipient of any administrative penalties regarding that applicant's practice of veterinary medicine, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on that applicant's professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding such penalties and/or agreements to the Board. The Board may, after a hearing, determine that such administrative penalty is grounds to deny licensure.

(c) In the event the applicant has not taken the national examination designated by the Board pursuant to § 3306 of this title, the applicant shall sit for the latest examination at such times as determined by the testing service.

(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

CREDIT(S)
57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 5; 64 Laws 1984, ch. 448, § 2; 68 Laws 1992, ch. 332, § 1; 69 Laws 1994, ch. 255, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 17, eff. July 20, 1999; 74 Laws 2004, ch. 262, § 70, eff. Dec. 19, 2004; 75 Laws 2006, ch. 436, § 37, eff. July 20, 2006. Redesignated from 24 Del.C. § 3307 by 75 Laws 2006, ch. 295, § 20, eff. Oct. 1, 2006. Amended by 75 Laws 2006, ch. 295, §§ 31 to 35, eff. Oct. 1, 2006; 77 Laws 2009, ch. 199, § 27, eff. Aug. 18, 2009; 78 Laws 2011, ch. 44, §§ 52, 53, eff. June 8, 2011.
Codifications: 24 Del.C. 1953, § 3305.

§ 3314. Reciprocity

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States. A license in “good standing” is defined in § 3313(a)(3)-(6) of this title; and

(b) The applicant has passed the national examination designated by the Board pursuant to § 3306 of this title excluding the Clinical Competency Test prior to 1996, unless at the time the applicant became licensed in the State, District of Columbia, or territory of the United States, from which that applicant is applying, the national examination designated by the Board was/were not required by this State (in which case, the applicant need only present evidence of passing whatever national licensing examinations were required of entry level licensees in this State at that time).

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association must posses a certificate issued by a certifying commission approved by the Board.

(d) The Board shall grant a license to an applicant, who was previously licensed as a veterinarian in this State, and who has let that applicant's license lapse, subject to the applicant's meeting the requirements of subsection (a) of this section, and continuing education requirements as provided for in the Board's rules and regulations.

(e) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure as veterinarians in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject. Each application for licensure shall be accompanied by payment of the application fee.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 7; 67 Laws 1989, ch. 145, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 19, eff. July 20, 1999; 75 Laws 2006, ch. 436, § 38, eff. July 20, 2006. Redesignated from 24 § 3309 and amended by 75 Laws 2006, ch. 295, § 22, eff. Oct. 1, 2006.

 

§ 3315. Temporary license and permit

(a) Upon payment of the appropriate fee and on submission of a written application on forms provided by the Board, the Board shall issue a temporary license to a person who has applied for licensure as a veterinarian under this subsection and who either is being considered for licensure under the reciprocity provision of this subchapter, or, is eligible to take the examination provided for in this subchapter. Such temporary license will be available to an applicant only with respect to the first application for licensure, and the applicant shall use the temporary license only while under the supervision of a licensed veterinarian. In all cases, such temporary license shall expire automatically if the applicant fails the examination or fails to sit for the same at the earliest opportunity. In all cases where a temporary license is issued to an applicant for licensure by reciprocity, such temporary license shall expire automatically upon written notice to the applicant by the Board that it proposes to deny such application. Upon expiration, the temporary license shall be surrendered to the Board.

(b) The Board may issue, without examination, a temporary permit to practice veterinary medicine in this State, to any nonresident veterinarian validly licensed in another state, territory, district of the United States or foreign country if such veterinarian pays a fee equivalent to 1/2 of the biennial fee for license renewal paid by licensed Delaware veterinarians; provided, however, that such temporary permit shall be issued for a period of not more than 1 year; provided also, that applicants meet the provisions of § 3314 of this title for reciprocity applicants.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 9; 64 Laws 1983, ch. 163, § 1; 64 Laws 1984, ch. 448, §§ 4-9; 65 Laws 1986, ch. 355, § 1; 67 Laws 1989, ch. 145, §§ 2-4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, §§ 24 to 29, eff. July 20, 1999; 75 Laws 2006, ch. 295, § 36, eff. Oct. 1, 2006.

 

§ 3316. Grounds for discipline; procedure

(a) A veterinarian licensed under this subchapter shall be subject to disciplinary sanctions set forth in § 3317 of this title, if, after a hearing, the Board finds that the veterinarian has:

(1) Been found guilty of unprofessional conduct as defined in the Board's rules and regulations;

(2) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinarian; has impersonated another person holding a license, or allowed another person to use that practitioner's license, or aided or abetted a person not licensed as a veterinarian to represent himself or herself as a veterinarian;

(3) Illegally, incompetently or negligently practiced veterinary medicine;

(4) Been convicted of any crime that is substantially related to the practice veterinary medicine or any offense that would limit the ability of the licensee to carry out the licensee's professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(5) Excessively used or abused drugs; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the licensee's ability to perform the work of a veterinarian;

(6) Engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(7) Wilfully violated any privileged communication;

(8) Been fraudulent or dishonest in the application or reporting of any test for disease in animals;

(9) Failed to keep that applicant's veterinary premises and equipment in clean and sanitary condition;

(10) Failed to report, as required by law, or has made a false report of any contagious or infectious disease;

(11) Been dishonest or negligent in the inspection of foodstuffs, or in the issuance of health or inspection certificates;

(12) Been cruel to animals;

(13) Violated a lawful provision of this chapter, or any lawful regulation established thereunder;

(14) Had that applicant's license as a veterinarian suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a veterinarian in this State shall be deemed to have given consent to the release of this information by the Board of Veterinarians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(15) Failed to notify the Board that the applicant's license as a veterinarian in another State has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee's right to practice veterinary medicine shall be limited by the Board until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 11; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 72 Laws 1999, ch. 207, § 31, eff. July 20, 1999; 74 Laws 2004, ch. 262, § 71, eff. Dec. 19, 2004. Redesignated from 24 § 3313 and amended by 75 Laws 2006, ch. 295, § 26, eff. Oct. 1, 2006.

 

§ 3317. Disciplinary sanctions

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3316 of this title applies to a licensee regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Censure a licensee;

(3) Place a licensee on probationary status, and require the licensee to:

a. Report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or

c. Continue or renew professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(4) Suspend any licensee's license; or

(5) Revoke a licensee's license.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) The Board may temporarily suspend a licensee's license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the licensee, the Board, after a hearing on the matter, may suspend or revoke the licensee's license.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 12; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995. Redesignated from 24 § 3314 and amended by 75 Laws 2006, ch. 295, § 27, eff. Oct. 1, 2006.

 

§ 3318. Practicing without a license; penalties

(a) Where the Board has reason to believe that a person is practicing veterinary medicine within this State without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter, notwithstanding that the person's license has been suspended or revoked, or that a person not licensed under this chapter is using any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is licensed to practice veterinary medicine as defined in this chapter, the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful practice, the Board shall make a formal complaint to the Attorney General who may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of, the Board.

(b) A person not currently licensed as a veterinarian under this chapter, when guilty of engaging in the practice of veterinary medicine, or using in connection with the licensee's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the licensee is qualified to practice veterinary medicine, such offender upon the first offense, shall be fined not less than $500 nor more than $1,000 for each offense, and the offender shall pay all costs. Each day a violation continues shall constitute a separate offense. The Court shall order all fees received for unlawful service to be refunded. Justice of the Peace Court shall have jurisdiction over any violation of this chapter.

CREDIT(S)

57 Laws 1969, ch. 178; 63 Laws 1982, ch. 460, § 14; 72 Laws 1999, ch. 207, § 33, eff. July 20, 1999; 75 Laws 2006, ch. 295, § 37, eff. Oct. 1, 2006.

 

§ 3319. Qualifications of applicant; report to Attorney General; judicial review

(a) An applicant who is applying for licensure as a veterinary technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary program approved by the AVMA or, for a period not to exceed 7 years provided that the Board may by regulation, for reasons stated, shorten the time, has submitted evidence to the Board of one of the following:

a. A degree from a non-accredited veterinary technician program or other program as defined by the Board's rules and regulations, combined with practical experience under the supervision of a licensed veterinarian for the period of time specified in the Board's rules and regulations, or

b. Practical experience under the supervision of a licensed veterinarian for a period of time specified in the Board's rules and regulations;

(2) Has achieved the passing score on the written standardized national examination designated by the Board pursuant to § 3306 of this title;

(3) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to practice as a veterinary technician in a manner consistent with the safety of a patient or the public;

(4) Shall not have a criminal conviction record, or pending criminal charge relating to an offense, the circumstances of which substantially relate to practice as a veterinary technician. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to practice as a veterinary technician; however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum may waive this paragraph (a)(4) herein, if it finds all of the following:

a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c. The applicant is capable of practicing as a veterinary technician in a competent and professional manner.

d. The granting of the waiver will not endanger the public health, safety or welfare;

(5) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against that applicant in any jurisdiction where the applicant has previously been or currently is licensed as a veterinary technician.

(b) In the event the applicant shall have been the recipient of any administrative penalties regarding that applicant's practice as a veterinary technician, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on that applicant's professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding such penalties and/or agreements to the Board. The Board may, after a hearing, determine that such administrative penalty is grounds to deny licensure.

(c) In the event the applicant has not taken the national examination designated by the Board pursuant to § 3306 of this title, the applicant shall sit for the latest examination at such times as are determined by the testing service.

(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

CREDIT(S)
Added by 75 Laws 2006, ch. 295, § 39, eff. Oct. 1, 2006; Amended by 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2009, ch. 199, § 28, eff. Aug. 18, 2009; 78 Laws 2011, ch. 44, §§ 54, 55, eff. June 8, 2011.
 

 

§ 3320. Reciprocity, lapsed license, reinstatement and temporary licensure

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States. A license in “good standing” is defined in § 3319 of this title; and

(b) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary program approved by the AVMA or, for a period not to exceed 7 years provided that the Board may by regulation, for reasons stated, shorten the time, has submitted evidence to the Board of one of the following:

A degree from a non-accredited veterinary technician program or other program as defined by the Board's rules and regulations, combined with practical experience under the supervision of a licensed veterinarian for the period of time specified in the Board's rules and regulations, or practical experience under the supervision of a licensed veterinarian for a period of time specified in the Board's rules and regulations; and

(c) Has achieved the passing score on the written standardized national examination designated by the Board pursuant to § 3306 of this title, provided that this requirement does not apply to any applicant under this section who has continuously maintained a license in another state and graduated from an AVMA accredited school prior to 1990.

(d) The Board shall grant a license to an applicant, who was previously licensed as a veterinary technician in this State, and who has let that applicant's license lapse, subject to the applicant's meeting the requirements of subsection (a) of this section, and continuing education requirements as provided for in the Board's rules and regulations.

(e) Upon payment of the appropriate fee and on submission of a written application on forms provided by the Board, the Board may issue a temporary license to a person who has applied for original or reciprocity licensure as a veterinary technician under this subchapter. Such temporary license will be available to an applicant only with respect to the first application for licensure, and the applicant shall use the temporary license only while under the supervision of a licensed veterinarian. In all cases such temporary license shall expire automatically if application for permanent licensure is denied. Upon expiration, the temporary license shall be surrendered to the Board.

(f) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure as veterinary technicians in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject. Each application for licensure shall be accompanied by payment of the application fee.

CREDIT(S)

Added by 75 Laws 2006, ch. 295, § 39, eff. Oct. 1, 2006.

 

§ 3321. Grounds for discipline; procedure

(a) A veterinary technician licensed under this subchapter shall be subject to disciplinary actions set forth in § 3322 of this title, if, after a hearing, the Board finds that the veterinary technician:

(1) Has been found guilty of unprofessional conduct as defined in the Board's rules and regulations;

(2) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinary technician; has impersonated another person holding a license, or allowed another person to use that veterinary technician's license, or aided or abetted a person not licensed as a veterinary technician to represent himself or herself as a veterinary technician;

(3) Has illegally, incompetently or negligently practiced as a veterinary technician;

(4) Has been convicted of any crime that is substantially related to the practice of veterinary medicine as determined by the Board or any offense that would limit the ability of the licensee to carry out the licensee's professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;

(5) Has expressively used or abused drugs; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the licensee's ability to perform the work of a veterinary technician;

(6) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(7) Has willfully violated any privileged communication;

(8) Has been cruel to animals;

(9) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;

(10) Has had that veterinary technician's license as a veterinary technician suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a veterinary technician in this State shall be deemed to have given consent to the release of this information by the Board of Veterinary Technicians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(11) Has failed to notify the Board that the veterinary technician's license as a veterinary technician in another State has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee's right to practice as a veterinary technician shall be limited by the Board until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

CREDIT(S)

Added by 75 Laws 2006, ch. 295, § 39, eff. Oct. 1, 2006; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.

 

§ 3322. Disciplinary sanctions

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3321 of this title applies to a licensee regulated by this subchapter:

(1) Issue a letter of reprimand;

(2) Censure of a licensee;

(3) Place a licensee on probationary status, and require the licensee to:

a. Report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or

c. Continue or renew professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(4) Suspend a veterinary technician's license; or

(5) Revoke a veterinary technician's license.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) The Board may temporarily suspend a veterinary technician's license in advance of a final adjudication, or during the appeals process; but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions are being or have been violated by the licensee, the Board, after a hearing on the matter, may suspend or revoke the licensee's license.

CREDIT(S)

Added by 75 Laws 2006, ch. 295, § 39, eff. Oct. 1, 2006.


§ 3323. Practicing without a license; penalties

(a) Where the Board has reason to believe that a person is practicing as a veterinary technician within this State without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter, notwithstanding that the person's license has been suspended or revoked, or that a person not licensed under this chapter is using any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is licensed to practice as a veterinary technician as defined in this chapter the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful practice, the Board shall make a formal complaint to the Attorney General who may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of, the Board.

(b) A person not currently licensed as a veterinary technician under this chapter, when guilty of practicing as a veterinary technician, or using in connection with the licensee's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the licensee is qualified to practice as a veterinary technician, such offender upon the first offense, shall be fined not less than $200 nor more than $400 for each offense, and the offender shall pay all costs. Each day a violation continues shall constitute a separate offense. The Court shall order all fees received for unlawful service to be refunded. Justice of the Peace Court shall have jurisdiction over any violation of this subchapter.

CREDIT(S)

Added by 75 Laws 2006, ch. 295, § 39, eff. Oct. 1, 2006.

 



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