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2014 Idaho Statutes
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 21 - VETERINARIANS
Section 54-2118 - VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES.


ID Code § 54-2118 (2014) What's This?

54-2118. Violations of chapter -- Remedies and penalties. In addition to the disciplinary actions set forth in section 54-2115, Idaho Code:

(1) Administrative actions.

(a) Any person violating the provisions of this chapter, or violating a rule promulgated by the board to implement the provisions of this chapter may be fined by the board or its duly authorized agent not more than five thousand dollars ($5,000) for each offense and shall be liable for investigatory expenses and reasonable paralegal and attorney's fees, and provided that each act on each day of violation shall constitute a separate offense. Imposition of a fine may be made in conjunction with any other board administrative action. No fine may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If a person fined fails to fully pay the fine, investigatory expenses or reasonable paralegal and attorney's fees, the board may recover such amount by action in the appropriate district court.
(b) Notwithstanding the provisions of subsection (1)(a) of this section, any person who has violated the recordkeeping or continuing education requirements imposed by this chapter or the rules of the board may, in lieu of disciplinary proceedings under this chapter or the Idaho administrative procedure act, elect to pay the board a civil penalty to be determined by the board, or its authorized agent, in an amount between five hundred dollars ($500) and one thousand dollars ($1,000), under the following terms and conditions:
(i) The person must not have been disciplined by the board for any reason within the past five (5) years;
(ii) The person must not have previously elected to pay a penalty under this section;
(iii) The person is not currently on probation by the board;
(iv) The person is not currently under investigation by the board for an offense other than the recordkeeping or continuing education violation; and
(v) The person must fully comply with the board's instructions on remedying the recordkeeping or continuing education violation.
Upon successful completion of the above terms and conditions and payment of the civil penalty, the violation shall not be considered "discipline," shall not be reported to any national disciplinary database, and documents and records related to the violation shall be exempt from disclosure under chapter 3, title 9, Idaho Code.

(2) Civil court proceedings. The board, the attorney general's office, a county prosecuting attorney or any citizen of this state may bring an action in the district court of either Ada county or any county where a violation is occurring, to enjoin any person from practicing veterinary medicine or practicing as a certified veterinary technician, certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification. If the court finds that the person is violating the provisions of this chapter, it shall enter an injunction restraining that person from such unlawful acts.

(3) Criminal actions. Any person who practices veterinary medicine, any person practicing as a certified veterinary technician, a certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification shall be guilty of a misdemeanor and upon conviction or withheld judgment shall be fined not less than one hundred dollars ($100), nor more than ten thousand dollars ($10,000), or incarcerated for no more than one hundred eighty (180) days, or both fined and incarcerated, and provided that each act of such unlawful practice shall constitute a distinct and separate offense.

(4) The remedies set forth in this section are not mutually exclusive and a successful action on any one (1) remedy does not preclude action on some or all of the other remedies.


History:

[(54-2118) 1971, ch. 173, sec. 16, p. 812; am. 1983, ch. 139, sec. 16, p. 345; 1990, am. and redesignated, ch. 111, sec. 16, p. 233; am. 1995, ch. 62, sec. 12, p. 156; am. and redesignated 2000, ch. 122, sec. 13, p. 288; am. 2001, ch. 149, sec. 10, p. 543; am. 2010, ch. 104, sec. 1, p. 201.]

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