43-29-14. Refusal, suspension, and revocation of license - Reinstatement and
904 words·~4 min read·
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relicense.
1. The board may refuse to issue a license or temporary license, or may suspend or
revoke a license or temporary license, upon any of the following grounds:
a. Fraud or deception in procuring the license, including conduct that violates the
security or integrity of any licensing examination.
b. The use of advertising or solicitation that is false, misleading, or otherwise
determined unprofessional under rules adopted by the board.
c. The determination that an individual is an impaired veterinarian as defined by
section 43-29.01.1 or an impaired veterinary technician as defined by section
43-29-01.1.
d. Unprofessional conduct as defined by the rules adopted by the board, or violating
the code of ethics adopted by the board by rule.
e. Incompetence, gross negligence, or other malpractice in the practice of veterinary
medicine or veterinary technology.
f. Employment of unlicensed individuals to perform work that under this chapter can
lawfully be done only by individuals licensed to practice veterinary medicine or
veterinary technology.
g. Fraud or dishonest conduct in applying or reporting diagnostic biological tests,
inspecting foodstuffs, or in issuing regulatory documents.
h. Failure to keep the premises and equipment used in a reasonably clean and
sanitary condition and failure to use reasonably sanitary methods in the practice
of veterinary medicine or veterinary technology.
i. Violation of the rules adopted by the board.
j. Conviction of an offense determined by the board to have a direct bearing upon
the ability of an individual to serve the public as a veterinarian or veterinary
technician, or when the board determines, following conviction of any offense,
that an individual is not sufficiently rehabilitated under section 12.1-33-02.1.
k. Willful or repeated violations of this chapter or any rule adopted by the board.
l. Failure to report, as required by law, or making false report of, any contagious or
infectious disease.
m. Cruelty to animals as defined under chapter 36-21.2.
n. Revocation of a license to practice veterinary medicine or veterinary technology
by another jurisdiction on grounds other than nonpayment of a renewal fee.
o. The use, prescription, or dispensing of any veterinary prescription drug, or the
prescription or extra-label use of any over-the-counter drug, in the absence of a
valid veterinarian-client-patient relationship, except as provided by section
43-29-19. 2. An individual whose license has been revoked may apply to the board for
reinstatement and relicensure one year after the date of revocation. The board may
reissue a license if the board is satisfied the applicant is qualified to practice veterinary
medicine or veterinary technology, meets the existing requirements for licensure, and
will comply with the rules regarding the practice of veterinary medicine or veterinary
technology.
43-29-15. Complaints - Investigations - Rules. 1. An individual may file a written complaint with the board setting forth the specific
charges upon which the complaint is made. Upon receiving a complaint, the board
shall notify the veterinarian or veterinary technician of the complaint and request a
written response from the veterinarian or veterinary technician. The board may adopt
rules establishing a peer review committee for the purpose of investigating complaints
and providing recommendations to the board. A veterinarian or veterinary technician
who is the subject of an investigation by the board shall cooperate fully with the
investigation. Cooperation includes responding fully and promptly to any reasonable
question raised by or on behalf of the board relating to the subject of the investigation
and providing copies of records when reasonably requested by the board. Failure to
cooperate in the investigative process may be grounds for disciplinary action against
the veterinarian or veterinary technician. 2. To pursue the investigation, the board may:
a. Subpoena and examine witnesses, records, medical records, copy, photograph,
or take samples;
b. Require the veterinarian or veterinary technician to give statements under oath;
c. Require the veterinarian or veterinary technician to submit to a physical
examination, chemical dependency evaluation, or psychological examination by a
physician or other qualified evaluation professional selected by the board if there
is reasonable cause to believe the veterinarian or veterinary technician is
impaired as defined by section 43-29-01.1; and
d. Require the veterinarian or veterinary technician to enroll in a treatment or
monitoring program approved by the board if the board determines in good faith
enrollment would be beneficial to the veterinarian or veterinary technician or to
protect the public.
3. After review of the complaint, the response from the veterinarian or veterinary
technician, and information obtained in the investigation, the board shall determine if
there is a reasonable basis to believe the allegations are true and if the allegations
constitute a violation of this chapter or the rules of the board. If the board determines
there is a reasonable basis to believe the allegations are true and the allegations
constitute a violation of this chapter or the rules of the board, the board shall take
appropriate action. If a reasonable basis is not found by the board, the board shall
notify the complaining party and the veterinarian or veterinary technician in writing.
4. Unless the board proceeds with a disciplinary action, the complaint, the response, and
any records received by the board during an investigation of a complaint under this
section are exempt records, as defined in section 44-04-17.1.
5. A veterinarian or veterinary technician shall report in good faith any impaired
veterinarian or impaired veterinary technician as defined by section 43-29-01.1.
6. The board may adopt rules as necessary to carry out this section.