2005 California Business and Professions Code Sections 4875-4887 Article 4. Revocation and Suspension

4875.  The board may revoke or suspend for a certain time the
license of any person to practice veterinary medicine or any branch
thereof in this state after notice and hearing for any of the causes
provided in this article.  In addition to its authority to suspend or
revoke a license, the board shall have the authority to assess a
fine not in excess of five thousand dollars ($5,000) against a
licensee for any of the causes specified in Section 4883.  A fine may
be assessed in lieu of or in addition to a suspension or revocation.
  The proceedings under this article shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the board shall have all
the powers granted therein.  Notwithstanding the provisions of
Section 4903, all fines collected pursuant to this section shall be
deposited to the credit of the Veterinary Medical Board Contingent
Fund.
4875.2.  If, upon completion of an investigation, the executive
officer has probable cause to believe that a veterinarian or an
unlicensed person acting as a veterinarian has violated provisions of
this chapter, he or she may issue a citation to the veterinarian or
unlicensed person, as provided in this section.  Each citation shall
be in writing and shall describe with particularity the nature of the
violation, including a reference to the provision of this chapter
alleged to have been violated.  In addition, each citation may
contain an order of abatement fixing a reasonable time for abatement
of the violation, and may contain an assessment of a civil penalty.
The citation shall be served upon the veterinarian or unlicensed
individual personally or by any type of mailing requiring a return
receipt.  Before any citation may be issued, the executive officer
shall submit the alleged violation for review and investigation to at
least one designee of the board who is a veterinarian licensed in or
employed by the state.  The review shall include attempts to contact
the veterinarian or unlicensed person to discuss and resolve the
alleged violation.  Upon conclusion of the board designee's review,
the designee shall prepare a finding of fact and a recommendation.
If the board designee concludes that probable cause exists that the
veterinarian or unlicensed person has violated any provisions of this
chapter, a civil citation shall be issued to the veterinarian or
unlicensed person.
4875.4.  (a) The board shall, in the manner prescribed in Section
4808, adopt regulations covering the assessment of civil penalties
under this article which give due consideration to the
appropriateness of the penalty with respect to the following factors:
   (1) The gravity of the violation.
   (2) The good faith of the person being charged.
   (3) The history of previous violations.
   (b) In no event shall the civil penalty for each citation issued
be assessed in an amount greater than five thousand dollars ($5,000).
   (c) Regulations adopted by the board shall be pursuant to the
procedures for citations and fines in accordance with Section 125.9.
4875.6.  (a) If a veterinarian or an unlicensed person desires to
administratively contest a civil citation or the proposed assessment
of a civil penalty therefor, he or she shall, within 10 business days
after receipt of the citation, notify the executive officer in
writing of his or her request for an informal conference with the
executive officer or his or her designee.  The executive officer or
his or her designee shall hold, within 60 days from the receipt of
the request, an informal conference.  At the conclusion of the
informal conference, the executive officer may affirm, modify, or
dismiss the citation or proposed assessment of a civil penalty, and
he or she shall state with particularity in writing his or her
reasons for the action, and shall immediately transmit a copy thereof
to the board, the veterinarian or unlicensed person, and the person
who submitted the verified complaint.  If the veterinarian or
unlicensed person desires to administratively contest under
subdivision (c) a decision made after the informal conference, he or
she shall inform the executive officer in writing within 30 calendar
days after he or she receives the decision resulting from the
informal conference.
   If the veterinarian or unlicensed person fails to notify the
executive officer in writing that he or she intends to contest the
citation or the proposed assessment of a civil penalty therefor or
the decision made after an informal conference within the time
specified in this subdivision, the citation or the proposed
assessment of a civil penalty or the decision made after an informal
conference shall be deemed a final order of the board and shall not
be subject to further administrative review.
   Notwithstanding any other provision of law, where a fine is paid
to satisfy an assessment based on the finding of a violation, payment
of the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosure.
   (b) A veterinarian or an unlicensed person may, in lieu of
contesting a citation pursuant to this section, transmit to the board
the amount assessed in the citation as a civil penalty, within 10
business days after receipt of the citation.  An unlicensed person
may notify the board  and file a petition for a writ of
administrative mandamus under Section 1094.5 of the Code of Civil
Procedure within 30 calendar days after receipt of the citation,
without engaging in an informal conference or administrative hearing.
  If a petition is not filed pursuant to this section, payment of any
fine shall not constitute an admission of the violation charged.
   (c) If a veterinarian or an unlicensed person has notified the
executive officer that he or she intends to administratively contest
the decision made after the informal conference, the executive
officer shall  forward the matter to the Attorney General's office
who shall prepare a notice of appeal of the citation and civil
penalty.  After the hearing, the board and administrative law judge
shall issue a decision, based on findings of fact, affirming,
modifying, or vacating the citation, or directing other appropriate
relief which shall include, but need not be limited to, a notice that
the failure of a veterinarian or unlicensed person to comply with
any provision of the board's decision constitutes grounds for
suspension, or denial of licensure, or both.  The administrative
proceedings under this section shall be conducted in accordance with
the Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code),
and the board shall have all the powers granted therein.
   (d) After the exhaustion of the review procedures provided for in
this section or if the time for all appeals has passed, the board may
bring an action in the appropriate court in the county in which the
offense occurred to recover the civil penalty and obtain an order
compelling the cited person to comply with the order of abatement.
In that action, the complaint shall include a certified copy of the
final order of the board, together with the factual findings and
determinations of the board and administrative law judge.  The
findings shall be prima facie evidence of the facts stated therein,
and in the absence of contrary evidence may serve as the basis for
the issuance of the judgment and order.
   (e) Failure of a licensee to pay a  civil penalty within 30 days
of the date of receipt of the assessment, unless the citation is
being appealed, may result in disciplinary action being taken by the
board.  When a citation is not contested and a civil penalty is not
paid, the full amount of the assessed civil penalty shall be added to
the fee for renewal of the license.  A license shall not be renewed
without payment of the renewal fee and  civil penalty.
   (f) Any civil penalties received under this chapter shall be
deposited in the Veterinary Medical Board Contingent Fund.
4876.  In addition to its authority to suspend or revoke a license,
or assess a fine of a person licensed under this chapter, the board
shall have the authority to place a licensee on probation.  The
authority of the board to discipline by placing the licensee on
probation shall include, but is not limited to, the following:
   (a) Requiring the licensee to complete a course of study or
service, or both, as prescribed by the board, and to demonstrate
renewed competence to the satisfaction of the board.
   (b) Requiring the licensee to submit to a complete diagnostic
examination by one or more physicians appointed by the board.  If the
board requires a licensee to submit to such an examination, the
board shall receive and consider any other report of a complete
diagnostic examination given by one or more physicians of the
licensee's choice.
   (c) Restricting or limiting the extent, scope, or type of practice
of the licensee.
4881.  The executive officer in all cases of suspension, revocation,
or restriction of licenses or assessment of fines shall enter on the
register the fact of suspension, revocation, restriction, or fine,
as the case may be.  The record of any suspension, revocation,
restriction, or fine so made by the county clerks shall be prima
facie evidence of the fact thereof, and of the regularity of all the
proceedings of the board in the matter of the suspension, revocation,
restriction, or fine.
4883.  The board may deny, revoke, or suspend a license or assess a
fine as provided in Section 4875 for any of the following:
   (a) Conviction of a crime substantially related to the
qualifications, functions, or duties of veterinary medicine, surgery,
or dentistry, in which case the record of the conviction shall be
conclusive evidence.
   (b) For having professional connection with, or lending one's name
to, any illegal practitioner of veterinary medicine and the various
branches thereof.
   (c) Violation or attempting to violate, directly or indirectly,
any of the provisions of this chapter.
   (d) Fraud or dishonesty in applying, treating, or reporting on
tuberculin or other biological tests.
   (e) Employment of anyone but a veterinarian licensed in the state
to demonstrate the use of biologics in the treatment of animals.
   (f) False or misleading advertising.
   (g) Unprofessional conduct, that includes, but is not limited to,
the following:
   (1) Conviction of a charge of violating any federal statutes or
rules or any statute or rule of this state regulating dangerous drugs
or controlled substances.  The record of the conviction is
conclusive evidence thereof.  A plea or verdict of guilty or a
conviction following a plea of nolo contendere is deemed to be a
conviction within the meaning of this section.  The board may order
the license suspended or revoked, or assess a fine, or decline to
issue a license, when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information or indictment.
   (2) (A) The use of or prescribing for or administering to himself
or herself, any controlled substance.
   (B) The use of any of the dangerous drugs specified in Section
4022, or of alcoholic beverages to the extent, or in any manner as to
be dangerous or injurious to a person licensed under this chapter,
or to any other person or to the public, or to the extent that the
use impairs the ability of the person so licensed to conduct with
safety the practice authorized by the license.
   (C) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in this section or any combination thereof,
and the record of the conviction is conclusive evidence.
   A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section.  The board may order the license suspended or revoked
or assess a fine, or may decline to issue a license, when the time
for appeal has elapsed or the judgment of conviction has been
affirmed on appeal or when an order granting probation is made
suspending imposition of sentence, irrespective of a subsequent order
under Section 1203.4 of the Penal Code allowing the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
   (3) A violation of any federal statute, rule, or regulation or any
of the statutes, rules, or regulations of this state regulating
dangerous drugs or controlled substances.
   (h) Failure to keep one's premises and all equipment therein in a
clean and sanitary condition.
   (i) Fraud, deception, negligence, or incompetence in the practice
of veterinary medicine.
   (j) Aiding or abetting in any acts that are in violation of any of
the provisions of this chapter.
   (k) The employment of fraud, misrepresentation, or deception in
obtaining the license.
   (l) The revocation, suspension, or other discipline by another
state or territory of a license or certificate to practice veterinary
medicine in that state or territory.
   (m) Cruelty to animals, conviction on a charge of cruelty to
animals, or both.
   (n) Disciplinary action taken by any public agency in any state or
territory for any act substantially related to the practice of
veterinary medicine.
   (o) Violation, or the assisting or abetting violation, of any
regulations adopted by the board pursuant to this chapter.
4885.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge of a felony or of any offense
related to the practice of veterinary medicine is deemed to be a
conviction within the meaning of this article.  The board may order
the license suspended or revoked, or assess a fine as provided in
Section 4883 or may decline to issue a license, when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.
4886.  In reinstating a license which has been revoked or suspended
under Section 4883, the board may impose terms and conditions to be
followed by the licensee after the certificate has been reinstated.
The authority of the board to impose terms and conditions includes,
but is not limited to, the following:
   (a) Requiring the licensee to obtain additional professional
training and to pass an examination upon completion of the training.
   (b) Requiring the licensee to pass an oral, written, practical or
clinical examination, or any combination thereof to determine his or
her present fitness to engage in the practice of veterinary medicine.
   (c) Requiring the licensee to submit to a complete diagnostic
examination by one or more physicians appointed by the board.  If the
board requires the licensee to submit to such an examination, the
board shall receive and consider any other report of a complete
diagnostic examination given by one or more physicians of the
licensee's choice.
   (d) Restricting or limiting the extent, scope, or type of practice
of the licensee.
4887.  A person whose license has been revoked or who has been
placed on probation may petition the board for reinstatement or
modification of penalty including modification or termination of
probation after a period of not less than one year has elapsed from
the effective date of the decision ordering such disciplinary action.
  The petition shall state such facts as may be required by the
board.
   The petition shall be accompanied by at least two verified
recommendations from veterinarians licensed by the board who have
personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed.  The petition shall be heard by the
board.  The board may consider all activities of the petitioner
since the discipinary action was taken, the offense for which the
petitioner was disciplined, the petitioner's activities since the
certificate was in good standing, and the petitioner's rehabilitation
efforts, general reputation for truth, and professional ability.
The hearing may be continued from time to time as the board finds
necessary.
   The board reinstating the license or modifying a penalty may
impose such terms and conditions as it determines necessary.  To
reinstate a revoked certificate or to otherwise reduce a penalty or
modify probation shall require a vote of four of the members of the
board.
   The petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole.  The board
may deny without a hearing or argument any petition filed pursuant to
this section within a period of two years from the effective date of
the prior decision following a hearing under this section.