2005 Idaho Code - 54-2115 — GROUNDS FOR DISCIPLINE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 21
                                VETERINARIANS
    54-2115.  GROUNDS FOR DISCIPLINE. The board may refuse to issue, renew or
reinstate the license of a veterinarian, or may deny, revoke, suspend,
sanction, reprimand, restrict, limit, place on probation or require voluntary
surrender of, the license of a veterinarian, and may fine and impose other
forms of discipline and enter into consent agreements and negotiated
settlements with any licensed veterinarian pursuant to the procedures set
forth in chapter 52, title 67, Idaho Code, for any or all of the following
reasons:
    (1)  The employment of fraud, misrepresentation of a material fact or
deception by an applicant or licensee in:
    (a)  Securing or attempting to secure the issuance or renewal of a
    license; or
    (b)  Statements regarding the veterinarian's skills or efficacy or value
    of any treatment provided or to be provided or using any false,
    fraudulent, misleading or deceptive statement connected with the practice
    of veterinary medicine including, but not limited to, false or misleading
    advertising.
    (2)  Unethical or unprofessional conduct, as defined by section 54-2103,
Idaho Code, the rules of the board, and the code of professional conduct
established by the rules of the board.
    (3)  Being found guilty, convicted, placed on probation, having entered a
guilty plea that is accepted by the court, forfeiture of bail, bond or
collateral deposited to secure a defendant's appearance, or having received a
withheld judgment or suspended sentence by a court of competent jurisdiction
in this state or any other state of one (1) or more of the following:
    (a)  Any felony as defined in chapter 1, title 18, Idaho Code;
    (b)  Any other criminal act which in any way is related to the practice of
    veterinary medicine as defined by section 54-2103, Idaho Code; or
    (c)  Any violation of any federal or state statute, rule or regulation
    regulating narcotics, dangerous drugs or controlled substances.
    (4)  Medical incompetence in the practice of veterinary medicine, as
defined by section 54-2103, Idaho Code.
    (5)  Physical or mental incompetence, in the practice of veterinary
medicine, as defined in section 54-2103, Idaho Code.
    (6)  Malpractice or negligence, in the practice of veterinary medicine, as
defined in section 54-2103, Idaho Code.
    (7)  Aiding or abetting an unlicensed or uncertified person to practice
veterinary medicine or veterinary technology or employing or holding such
unlicensed person out as being able to practice veterinary medicine or
veterinary technology.
    (8)  Fraud, dishonesty, failure to report, or gross negligence in the
inspection of animals and animal products intended for human consumption,
issuance of health or inspection certificates, in the application,
vaccination, treatment or reporting of any test for disease in animals, and in
reporting any contagious or infectious disease.
    (9)  Failure to comply with the veterinary standards of practice, as
established by board rule.
    (10) Failure to comply with the recordkeeping requirements, as established
by the rules of the board.
    (11) Cruelty to animals including, but not limited to, the intentional and
malicious infliction of pain, physical suffering, injury or death, performance
of experimental treatments without the owner's consent, deprivation of
necessary sustenance, withholding of appropriate pain medications or levels of
pain medications, or the administration of unnecessary procedures and
treatment.
    (12) Infliction of pain on any animal in self-defense, or to prevent
physical harm to others, or in accordance with local custom and culture in
moving, handling, treating, dehorning, castrating or performing other
procedures on livestock, shall not be considered cruel or physically abusive
unless done in an unnecessary or intentionally malicious manner. This
provision does not alter section 25-3514, Idaho Code.
    (13) Revocation, suspension, disciplinary sanction, other adverse action,
or failure to report any such adverse action to the board, including voluntary
surrender of a license or certificate by virtue of which one is licensed to
practice veterinary medicine in that jurisdiction or country on grounds other
than nonpayment of renewal fees.
    (14) Falsifying or failing to fulfill the continuing education
requirements, as established by the rules of the board.
    (15) The use, prescription or sale of any controlled substance, veterinary
legend/prescription drug or prescription of an extra-label use for any human
or veterinary drug without a valid veterinarian/client/patient relationship.
    (16) Overtreating, unless the services were contracted for in advance,
charging for services which were not rendered, charging for services that were
not documented in the patient's records, or charging for services that were
not consented to by the owner of the patient or the owner's agent.
    (17) Failure to timely furnish details of a patient's medical record to
another veterinarian, hospital, clinic, owner or owner's agent.
    (18) Failure of any applicant or licensee to cooperate with the board
during any investigation, even if such investigation does not personally
concern the applicant or licensee.
    (19) Failure to comply with the terms of any order, negotiated settlement
or probationary agreement of the board or to pay the costs assessed in a
disciplinary matter pursuant to section 54-2105, Idaho Code.
    (20) Failure to comply with the terms for renewal or to timely pay
license, certification or registration renewal fees, as specified by section
54-2112, Idaho Code, and the rules of the board.
    (21) Failure of a licensed veterinarian to exercise proper supervision, as
defined by the rules of the board, when supervising a temporary licensee or
holder of a temporary certification, a certified veterinary technician, a
veterinary technician, a veterinary assistant, a certified euthanasia
technician or other employee, except in an emergency situation as defined in
section 54-2103, Idaho Code.
    (22) Delegation of an act pertaining to the practice of veterinary
medicine or veterinary technology to an unqualified employee, regardless of
the supervision provided.
    (23) Aiding or abetting or violating any of the provisions of this chapter
or any lawful rule or order of the board.