Appeal of Sandra Brown, DVMAnnotate this Case
Petitioner Sandra Brown, DVM, appealed an October 2017 decision by the New Hampshire Board of Veterinary Medicine (Board) suspending her license to practice veterinary medicine for six months and further prohibiting her, following the six-month suspension and until December 31, 2021, from dispensing, possessing, or administering controlled substances (other than euthanasia solution) in her practice. On appeal, she argued the Board lacked subject matter jurisdiction to discipline her for violating the Controlled Drug Act because the Board was not one of the agencies statutorily authorized to enforce that act. She also argued that the Board lacked jurisdiction to subject her practice to post-hearing inspections. "Although we need not decide the full scope of the Board’s jurisdiction to discipline a veterinarian for the violation of 'all laws,'" the New Hampshire Supreme Court concluded the Board had subject matter jurisdiction to discipline petitioner for violating the Controlled Drug Act. Furthermore, the Court found documents in the certified record suggested that petitioner agreed, at the very least implicitly, to the inspections as part of a settlement agreement with the Board. Therefore, the Board had jurisdiction to subject her practice to post-hearing inspections.