COMMITTEE SUBSTITUTE

FOR

H. B. 4590

(By Delegates P. White, Phillips, Compton, Mezzatesta,

Martin, S. Williams and Ashcraft

(Originating in the House Committee on the Judiciary)

[March 2, 1994]


A BILL to amend and reenact sections eleven and twelve, article ten, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to veterinarians; the West Virginia board of veterinary medicine; complaints and disciplinary action; and hearings.
Be it enacted by the Legislature of West Virginia:

That sections eleven and twelve, article ten, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 10. VETERINARIANS.

§ 30 - 10 - 11. Complaints; disciplinary action.

The board may at any time upon its own motion, and shall upon the written complaint of any person, conduct an investigation to determine whether there are any grounds for the board to suspend or revoke the license of a veterinarian issued under the provisions of this article or otherwise discipline a licensed veterinarian.

By a concurrence of four members, the board may suspend for a certain time, revoke the license of or otherwise discipline a veterinarian, for any of the following reasons:
(a) The employment of fraud, misrepresentation or deception in obtaining his or her license;
(b) An adjudication of insanity;
(c) Chronic inebriety or the habitual use of drugs;
(d) The use of advertising or solicitation which is false, misleading, or is otherwise deemed unprofessional under reasonable rules promulgated by the board;
(e) Conviction of a felony or other crime involving moral turpitude;
(f) Incompetence, gross negligence or other malpractice in the practice of veterinary medicine;
(g) Having professional association with or employing any person practicing veterinary medicine unlawfully;
(h) Fraud or dishonesty in the application or reporting of any test for disease in any animal or animals;
(i) Failure to keep veterinary premises and equipment in a clean and sanitary condition;
(j) Failure to report, as required by law, or making false report of, any contagious or infectious disease;
(k) Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates;
(l) Cruelty to animals;
(m) Revocation of a license to practice veterinary medicine by another state, territory or district of the United States on grounds other than nonpayment of any registration or license fee or fees; or
(n) Unprofessional conduct as defined in reasonable rules promulgated by the board.
§ 30 - 10 - 12. Hearings; administrative procedures act made applicable; grounds for suspension or revocation of license or disciplinary action.

Whenever an application for a license is denied, the applicant therefor may file with the board, within thirty days after notification of such denial, a written demand for a hearing before the board, in which case a hearing shall be held not less than ten days nor more than twenty days after receipt by the board of such demand. Whenever a licensed veterinarian is notified by the board, in accordance with the provisions of section eleven of this article, that a complaint has been filed against him, a hearing with respect thereto shall be held by the board not less than twenty days nor more than thirty days after such notification to such licensee.

Whenever the board denies an application for any license or renewal of any license, or suspends or revokes any license, or otherwise disciplines any licensed veterinarian, it shall make and enter an order to that effect and serve a copy thereof on the applicant or licensed veterinarian, as the case may be, at his or her last known address, by certified mail, return receipt requested. The order shall state the grounds for action taken and shall require that any license suspended or revoked thereby shall be returned to the board by the holder within twenty days after receipt of the copy of the order.
Any person adversely affected by any such order is entitled to a hearing thereon as to all issues not excluded from the definition of a "contested case" as set forth in article one, chapter twenty-nine-a of this code if, within twenty days after receipt of a copy thereof, he or she files with the board a written demand for such a hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order placing a licensed veterinarian on probation, suspending or revoking a license or denying an application for a renewal license. The board may require the person demanding the hearing to give reasonable security for the costs thereof and if the person does not substantially prevail at the hearing, such security shall be forfeited or the cost shall be assessed against him or her and may be collected by an action at law or other proper remedy.
Upon receipt of a written demand for a hearing, the board shall set a time and place therefore not less than ten and not more than thirty days thereafter.
All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern any such hearing and the administrative procedures in connection with and following such the hearing.
Any such hearing shall be conducted by a quorum of the board. For the purpose of conducting any such the hearing, any member of the board may issue subpoenas and subpoenas duces tecum in the name of the board, in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code. All subpoenas and subpoenas duces tecum shall be issued and served within the time and for the fees and shall be enforced, as specified in section one, article five of said chapter twenty-nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
The board may postpone or continue any hearing on its own motion, or for good cause shown upon the application of the applicant or licensee, as the case may be. At any such the hearing the applicant or licensee, as the case may be, has the right to be heard in person and by any attorney at law admitted to practice before any circuit court of this state.
After any such hearing and consideration of all the testimony, evidence and record in the case, the board shall render its decision in writing. By a concurrence of four members, the board may suspend for a certain time or revoke the license of, or otherwise discipline, any licensed veterinarian for any of the following reasons:
(a) The employment of fraud, misrepresentation or deception in obtaining his license;
(b) An adjudication of insanity;
(c) Chronic inebriety or the habitual use of drugs;
(d) The use of advertising or solicitation which is false, misleading, or is otherwise deemed unprofessional under reasonable rules and regulations promulgated by the board as aforesaid;
(e) Conviction of a felony or other crime involving moral turpitude;
(f) Incompetence, gross negligence or other malpractice in the practice of veterinary medicine;
(g) Having professional association with or employing any person practicing veterinary medicine unlawfully;
(h) Fraud or dishonesty in the application or reporting of any test for disease in any animal or animals;
(i) Failure to keep veterinary premises and equipment in a clean and sanitary condition;
(j) Failure to report, as required by law, or making false report of, any contagious or infectious disease;
(k) Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates;
(l) Cruelty to animals;
(m) Revocation of a license to practice veterinary medicine by another state, territory or district of the United States on grounds other than nonpayment of any registration or license fee or fees; or
(n) Unprofessional conduct as defined in reasonable rules and regulations promulgated by the board as aforesaid.
The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of such the decision and accompanying findings and conclusions shall be served upon the applicant or licensee, as the case may be, and his or her attorney of record, if any.
The decision of the board shall be final unless vacated or modified upon judicial review thereof in accordance with the provisions of section thirteen of this article.

NOTE: The purpose of this bill is to revise the procedures for complaints and disciplinary action against licensed veterinarians.