§ 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 nonaccredited 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.
§ 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 nonaccredited 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.
§ 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 wilfully 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].
§ 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) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
(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.
§ 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.