W. Va. Code R. § 26-1-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 26-1-8 - Veterinarian Disciplinary Action

8.1. The Board may deny, revoke or suspend a license, impose a civil penalty, place a person's license on probation, reprimand a licensee, refuse to examine an applicant or issue a license or renewal of a license, as provided by law and as provided in these rules if it finds an applicant or licensee:

8.1.1. Has presented to the Board false or fraudulent evidence of qualification or has been found to be guilty of fraud or deception in the process of examination, or for the purpose of securing a license;

8.1.2. Is chronically or habitually intoxicated, has a chemical dependency or is addicted to drugs;

8.1.3. Has engaged in dishonest, unethical, or illegal practices in or connected with the practice of veterinary medicine, or has been convicted of a misdemeanor related to the practice of veterinary medicine or animal abuse or neglect;

8.1.4. Has been convicted of a felony under the laws of the State of West Virginia or any other state or jurisdiction of the United States or of the federal government of the United States;

8.1.5. Has engaged in practices or conduct in connection with the practice of veterinary medicine which violate the standards of professional conduct as established by the Board;

8.1.6. Has permitted or allowed another to use his or her authorization to practice veterinary medicine in this or any other state;

8.1.7. Has fraudulently issued a health certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine that relates to the presence or absence of animal disease;

8.1.8. Has issued a false certificate relating to the sale for human consumption of inedible animal products;

8.1.9. Has committed fraud in the application or reporting of test of animal disease;

8.1.10. Has received any kickback for treating an animal or for referring a client to another provider of veterinary services or goods;

8.1.11. Has performed or prescribed unnecessary or unauthorized treatment;

8.1.12. Has refused to admit a representative of the Board to inspect the client and patient records and business premises of the veterinarian during regular business hours;

8.1.13. Has failed to keep his or her equipment and business premises in good operation and sanitary condition;

8.1.14. Has committed gross malpractice or is guilty of a pattern of acts indicating consistent malpractice, negligence, or incompetence in the practice of veterinary medicine;

8.1.15. Has received disciplinary action in another jurisdiction, including the suspension, probation, or revocation of a license to practice veterinary medicine issued by another jurisdiction;

8.1.16. Has refused to provide a valid prescription upon request from a client;

8.1.17. Has failed to release patient records when requested by the owner; a law-enforcement entity; or a federal, state, or local health regulatory agency; or

8.1.18. Fails to report a reportable contagious disease to the State Veterinarian with the West Virginia Department of Agriculture or any authorized reporting agent within twenty-four hours of diagnosis or discovery.

8.2. The Board may also suspend or revoke the license of a licensee who is found to be mentally incompetent by a court of competent jurisdiction. If the licensee is later determined to be mentally competent by a court, the Board may reinstate the license.

8.3. On conviction of or determination of conviction of a person licensed by the Board of any felony, the Board may, after an administrative hearing in which the facts of conviction are determined, suspend or revoke the person's license. The Board may not reinstate or reissue a license to a person whose license is suspended or revoked under this section except on an express determination of the Board based on substantial evidence contained in an investigative report, indicating that the reinstatement or reissuance of the license is in the best interests of the public and of the person whose license has been suspended or revoked.

8.4. If a person violates this rule in a manner that constitutes grounds for disciplinary action by the Board, the Board may assess the costs of the investigation, hearing, hearing examiner, legal fees and all other reasonable and necessary costs incurred by or on behalf of the Board to the veterinarian who was the subject of the disciplinary action.

W. Va. Code R. § 26-1-8