ENROLLED
H. B. 4144
(By Delegates Morgan, Stephens, Swartzmiller,
Talbott, Hartman, Givens, Martin, T. Walker,
Rowan, C. Miller and Manypenny)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT to repeal §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-
10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6,
§30-10-7, §30-10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12,
§30-10-13, §30-10-14, §30-10-15, §30-10-16, §30-10-17, §30-10-
18, §30-10-19 and §30-10-20; and to amend said code by adding
thereto three new sections, designated §30-10-21, §30-10-22
and §30-10-23, all relating to the Board of Veterinary
Medicine;
prohibiting the practice of veterinary medicine
without a license; prohibiting the practice of
veterinary
technology without a registration
; prohibiting the practice of
animal euthanasia without a certificate
; updating definitions;
adding two members to the board; setting forth the powers and
duties of the board; clarifying rule-making authority;
continuing a special revenue account; establishing license,
certificate, registration and permit requirements; creating scopes of practice; establishing requirements for an animal
euthanasia training program; creating a temporary permit;
establishing renewal requirements; providing for exemptions
from licensure; providing requirements for the display of a
license, certificate, registration and permit
; setting forth
grounds for disciplinary actions; allowing for specific
disciplinary actions; providing procedures for investigation
of complaints; providing for judicial review and appeals of
decisions; setting forth hearing and notice requirements;
providing for civil causes of action; providing criminal
penalties; providing for privileged communication and
providing that a single act is evidence of practice.
Be it enacted by the Legislature of West Virginia:
That §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-10A-5,
§30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of the Code of West
Virginia, 1931, as amended, be repealed; that §30-10-1, §30-10-2,
§30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30-10-8, §30-10-
9, §30-10-10, §30-10-11, §30-10-12, §30-10-13, §30-10-14, §30-10-
15, §30-10-16, §30-10-17, §30-10-18, §30-10-19 and §30-10-20 of
said code be amended and reenacted; and that said code be amended
by adding thereto three new sections, designated §30-10-21, §30-10-
22 and §30-10-23, all to read as follows:
ARTICLE 10. VETERINARIANS.
§30-10-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice veterinary medicine, veterinary technology or animal
euthanasia in this state without a license, registration or
certificate issued under the provisions of this article, or
advertise or use any title or description tending to convey the
impression that they are a veterinarian, veterinary technician or
animal euthanasia technician unless such person has been duly
licensed, registered or certified under the provisions of this
article.
(b) A business entity may not render any service or engage in
any activity which, if rendered or engaged in by an individual,
would constitute the practice of veterinary medicine, veterinary
technology or animal euthanasia, except through a licensee,
registrant or certificate holder.
§30-10-2. Applicable law.
The practice of veterinary medicine, veterinary technology and
animal euthanasia, and the Board of Veterinary Medicine are subject
to the provisions of article one of this chapter, the provisions of
this article and the board's rules.
§30-10-3. Definitions.
As used in this article, the following words and terms have
the following meanings:
(a) "Animal" means any animal other than human, and the term
includes fowl, birds, amphibians, fish, and reptiles, wild or
domestic, living or dead.
(b) "Animal Control Facility" means a municipal or county operated humane society or animal shelter incorporated and
organized under the laws of this state, or a humane society or an
animal shelter classified as 501(c)(3) by the Internal Revenue
Service, with at least one certified animal euthanasia technician.
(c) "Applicant" means a person making application for a
license, certificate, registration or permit, under the provisions
of this article.
(d) "Board" means the West Virginia Board of Veterinary
Medicine.
(e) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity performing veterinary medicine,
veterinary technology or animal euthanasia.
(f) "Certificate" means an animal euthanasia technician
certificate issued under the provisions of this article.
(g) "Certificate holder" means a person holding a certificate
issued under the provisions of this article.
(h) "Certified animal euthanasia technician" means a person
who is certified by the board to euthanize animals in accordance
with the provisions of this article.
(i) "General Supervision" means the supervising veterinarian
is in the building where the animal is being treated, has given
instructions for treatment and is quickly and easily available.
(j) "Indirect supervision" means the performance of procedures
on the orders of a supervising veterinarian.
(k) "License" means a veterinary medicine license issued under
the provisions of this article.
(l) "Licensee" means a person holding a license issued under
the provisions of this article.
(m) "Permit" means a temporary permit to practice veterinary
medicine issued by the board.
(n) "Permittee" means a person holding a permit issued under
the provisions of this article.
(o) "Practice of veterinary medicine" means to diagnose,
treat, correct, change, relieve or prevent any disease, deformity,
defect, injury, or other physical or mental condition, of any
animal, or to prescribe for or to administer to any animal any
drug, medicine, biologic, apparatus, application, anesthetic or
other therapeutic or diagnostic substance or technique, or to
render advice or any recommendation with respect to any of the
foregoing.
(p) "Practice of veterinary technology" means the science and
art of providing all aspects of professional medical care, services
and treatment for animals with the exceptions of diagnosis,
prognosis, surgery, prescription and application of any treatments,
drugs, medications or appliances, where a valid veterinarian-
client-patient relationship exists.
(q) "Registered veterinary technician" means a person who is
duly registered to practice veterinary technology under the
provisions of this article.
(r) "Registrant" means a person holding a registration issued
under the provisions of this article.
(s) "Registration" means a veterinary technician registration
issued under the provisions of this article.
(t) "Supervising veterinarian" means a veterinarian, licensed
under this article, who assumes responsibility for the professional
care given to an animal by a person authorized by this article to
work under his or her general or indirect supervision.
(u) "Veterinarian" means a person who is licensed to practice
veterinary medicine under the provisions of this article.
(v) "Veterinary assistant" means a person who has not met the
requirements for becoming a registered veterinary technician. The
duties and tasks of a veterinary assistant are instructed from and
directly supervised by a licensed veterinarian, who is accountable
for the veterinary assistant's actions. The supervising
veterinarian is responsible for determining the ability and
competence of the veterinary assistant to perform the directed task
or procedure.
(w) "Veterinarian-client-patient relationship" means a
relationship between a veterinarian, a client and a patient, and
exists when:
(1) A veterinarian assumes responsibility for medical
judgments regarding the health of an animal and the client who is
the owner or other caretaker of the animal agrees to follow the
veterinarian's instructions; or
(2) A veterinarian, through personal examination of an animal
or a representative sample of a herd or flock, obtains sufficient
information to make at least a general or preliminary diagnosis of
the medical condition of the animal, herd or flock, which diagnosis
is expanded through medically appropriate visits to the premises
where the animal, herd or flock is kept.
§30-10-4. Board of Veterinary Medicine.
(a) The West Virginia Board of Veterinary Medicine is
continued. The members of the board in office on July 1, 2010,
shall, unless sooner removed, continue to serve until their
respective terms expire and until their successors have been
appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the
advice and consent of the Senate, shall appoint:
(1) A registered veterinary technician for a term of five
years; and
(2) A licensed veterinarian for a term of four years.
(c) Commencing July 1, 2010, the board shall consist of the
following nine members, appointed by the Governor by and with the
advice and consent of the Senate:
(1) Six members licensed to practice veterinary medicine in
this state;
(2) One member registered to practice veterinary technology in
this state; and
(3) Two citizen members, who are not licensed, registered, certified or permitted under the provisions of this article, and
who do not perform any services related to the practice of the
professions regulated under the provisions of this article.
(d) After the initial appointment term, the appointment term
is five years. A member may not serve more than two consecutive
terms. A member who has served two consecutive full terms may not
be reappointed for at least one year after completion of his or her
second full term. A member may continue to serve until his or her
successor has been appointed and qualified.
(e) Each licensed or registered member of the board, at the
time of his or her appointment, must have held a license or
registration in this state for a period of not less than three
years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state
during the appointment term.
(g) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.
(h) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(i)A licensed or registered member of the board immediately
and automatically forfeits membership to the board if his or her
license or registration to practice is suspended or revoked.
(j) A member of the board immediately and automatically
forfeits membership to the board if
he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident
of this state.
(k) The board shall elect annually one of its members as
chairperson and one member as secretary-treasurer who shall serve
at the will and pleasure of the board.
(l) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with article
one of this chapter.
(m) A majority of the members of the board constitutes a
quorum.
(n) A veterinary technician member may not be employed by a
veterinarian on the board.
(o) The board shall hold at least one annual meeting. Other
meetings shall be held at the call of the chairperson or upon the
written request of three members, at the time and place as
designated in the call or request.
(p) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
§30-10-5. Powers and duties of the board.
The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law, including:
(1) Hold meetings, conduct hearings and administer
examinations;
(2) Establish requirements for a license, permit, certificate
and registration;
(3) Establish procedures for submitting, approving and
rejecting applications for a license, permit, certificate and
registration;
(4) Determine the qualifications of any applicant for a
license, permit, certificate and registration;
(5) Establish the fees charged under the provisions of this
article;
(6) Issue, renew, deny, suspend, revoke or reinstate a
license, permit, certificate and registration;
(7) Prepare, conduct, administer and grade written, oral or
written and oral examinations for a license, certificate and
registration;
(8) Determine the passing grade for the examinations;
(9) Contract with third parties to administer the examinations
required under the provisions of this article;
(10) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examination and the pass and fail rate;
(11) Maintain an office, and hire, discharge, establish the
job requirements and fix the compensation of employees and contract
with persons necessary to enforce the provisions of this article;
(12) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the board;
(13) Conduct disciplinary hearings of persons regulated by the
board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of
the provisions of this article;
(16) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(18) Establish, by legislative rule, the continuing education
requirements for licensees, permitees, certificate holders and
registrants;
(19) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article;
(20) Sue and be sued in its official name as an agency of this
state;
(21) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions; and
(22) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-10-6. Rule-making authority.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article,
including:
(1) Standards and requirements for a license, permit,
certificate and registration;
(2) Educational and experience requirements;
(3) Procedures for examinations and reexaminations;
(4) Requirements for third parties to prepare, administer or
prepare and administer examinations and reexaminations;
(5) The passing grade on the examination;
(6) Standards for approval of courses;
(7) Establish a certified animal euthanasia technician's
program;
(8) Procedures for the issuance and renewal of a license,
permit, certificate and registration;
(9) A fee schedule;
(10) Continuing education requirements;
(11) Set standards for ethical conduct;
(12) Establish procedures and requirements for facility
inspections;
(13) Clarify the veterinarian-client-patient relationship;
(14) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of a licensee, permittee,
certificate holder or registrant;
(15) Requirements for a revoked license, permit, certificate
and registration; and
(16) Any other rules necessary to effectuate the provisions of
this article.
(b) All of the board's rules in effect on July 1, 2010, shall
remain in effect until they are amended, modified, repealed or
replaced.
§30-10-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except fines, received by the
board shall be deposited in a separate special revenue fund in the
State Treasury designated the "Board of Veterinary Medicine Fund",
which fund is continued. The fund is used by the board for the
administration of this article. Except as may be provided in
article one of this chapter, the board shall retain the amounts in
the special revenue account from year to year. Any compensation or
expense incurred under this article is not a charge against the
General Revenue Fund.
(b) The board shall deposit any amounts received as
administrative fines imposed pursuant to this article into the
General Revenue Fund of the State Treasury.
§30-10-8. Requirements for Veterinary License.
(a) To be eligible for a license to practice veterinary
medicine under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) (A) Be a graduate of an accredited school approved by the
board; or
(B) Be a graduate of a foreign veterinary school and hold a certificate of competence issued by a foreign veterinary graduate
educational organization as approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for
employment in the United States;
(6) Not have been convicted of a crime involving moral
turpitude;
(7) Not have been convicted of a felony under the laws of any
jurisdiction within five years preceding the date of application
for licensure which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under
the laws of any jurisdiction at any time if the offense for which
the applicant was convicted related to the practice of veterinary
medicine or animal abuse or neglect.
(b) A person seeking a license under the provisions of this
article shall submit an application on a form prescribed by the
board and pay all applicable fees.
(c) An applicant from another jurisdiction shall comply with
all the requirements of this article.
(d) A license to practice veterinary medicine issued by the
board prior to July 1, 2010, shall for all purposes be considered
a license issued under this article and may be renewed under this
article.
(e) An application for a license to practice veterinary medicine submitted to the board prior to July 1, 2010, shall be
considered in conformity with the licensing provisions of this
article and the rules promulgated thereunder in effect at the time
of the submission of the application.
§30-10-9. Scope of Practice for a Licensed Veterinarian.
A person licensed to practice veterinary medicine may do the
following:
(a) Prescribe or administer any drug, medicine, treatment,
method or practice for an animal.
(b) Perform any operation or manipulation on or apply any
apparatus or appliance to an animal.
(c) Give instruction or demonstration for the cure,
amelioration, correction or reduction or modification of an animal
condition, disease, deformity, defect, wound or injury.
(d) Diagnose or prognosticate an animal condition, disease,
deformity, defect, wound or injury for hire, fee, reward or
compensation that is directly or indirectly promised, offered,
expected, received or accepted.
(e) Prescribe or administer any legally authorized drug,
medicine, treatment, method or practice, perform any operation or
manipulation, or apply any apparatus or appliance for the cure,
amelioration, correction or modification of an animal condition,
disease, deformity, defect, wound or injury for hire, fee,
compensation or reward that is directly or indirectly promised,
offered, expected, received or accepted.
§30-10-10. Requirements for a registered veterinary technician.
(a) To be eligible for a registration to practice veterinary
technology under the provisions of this article, the applicant
must:
(1) Be of good moral character;
(2) Have a degree in veterinary technology from an accredited
school, approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for
employment in the United States;
(6) Not have been convicted of a crime involving moral
turpitude;
(7) Not have been convicted of a felony under the laws of any
jurisdiction within five years preceding the date of application
for registration which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under
the laws of any jurisdiction at any time if the offense for which
the applicant was convicted related to the practice of veterinary
technology or animal abuse or neglect.
(b) A person seeking registration under the provisions of this
article shall submit an application on a form prescribed by the
board and pay all applicable fees.
(c) A person registered to practice veterinary technology
issued by the board prior to July 1, 2010, shall for all purposes be considered registered under this article and may renew pursuant
to the provisions of this article.
§30-10-11. Scope of practice for registered veterinary technician.
(a) A registered veterinary technician may do the following
under general supervision:
(1) Administer anesthesia, including induction, intravenous
sedation, and maintenance and recovery from anesthesia;
(2) Perform dental prophylaxis;
(3) Establish open airways;
(4) Administer resuscitative oxygen procedures;
(5) Administer resuscitative drugs, in the event of cardiac
arrest;
(6) Administer immunizations that are not required by law to
be administered by a licensed veterinarian;
(7) Prepare or supervise the preparation of patients for
surgery;
(8) Assist the veterinarian in immunologic, diagnostic,
medical, chemotherapeutic and surgical procedures; and
(9) Perform external suturing.
(b) A registered veterinary technician may do the following
under either general or indirect supervision:
(1) Perform diagnostic imaging;
(2) Perform intravenous catheterization;
(3) Administer and apply medications and treatments by oral
intramuscular, intravenous and subcutaneous routes;
(4) Apply bandages;
(5) Perform cardiac and respiratory monitoring;
(6) Perform appropriate procedures to control bleeding;
(7) Apply temporary splints or immobilizing bandages;
(8) Perform ear flushing;
(9) Collect specimens; and
(10) Perform laboratory procedures.
(c) A veterinary technician may, without supervision, use
emergency treatment procedures when an animal has been placed in a
life threatening condition and immediate treatment is necessary to
sustain the animal's life. The registered veterinary technician
shall immediately take steps to secure the general supervision of
a veterinarian.
§30-10-12. Requirements to be a certified animal euthanasia
technician.
(a) To be eligible to be a certified animal euthanasia
technician a person must:
(1) Apply at least thirty days prior to the date the next
written examinations are scheduled, using a form prescribed by the
board;
(2) Have a high school diploma or GED,
(3) Pay application and examination fees;
(4) Complete the certified animal euthanasia technician's
program established by the board;
(5) Pass the written and practical skills examinations;
(6) Pass the prescribed background check; and
(7) Complete all the other requirements established by the
board.
(b) A certified animal euthanasia technician may practice
animal euthanasia at a legally operated animal control facility.
(c) A person certified as an animal euthanasia technician by
the board prior to July 1, 2010, shall for all purposes be
considered certified under this article and may renew pursuant to
the provisions of this article.
§30-10-13. Requirements for certified animal euthanasia
technicians program.
(a) The board shall create a certified animal euthanasia
technician's program. The board shall design this program to teach
applicants for certification record keeping and the legal, safety
and practical information needed to become a certified animal
euthanasia technician.
(b) (1) The board shall administer written examinations to an
applicant for certification. The written examinations shall test
the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record keeping requirements for controlled substances;
(D) Handling, inventory, security and proper storage of
euthanasia drugs, solutions and syringes;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Approved animal euthanasia drug usage;
(I) Jurisprudence; and
(J) Other subject areas specified by the board in a
legislative rule.
(2) The applicant shall pass the written examinations with a
minimum correct score, as determined by the board, in order to be
eligible to take the practical skills examination provided in
subsection (c) of this section.
(c) In addition to the written examinations provided under
subsection (b) of this section, the board shall administer a
practical skills examination to an applicant who has successfully
passed the written examinations. The board shall conduct the
practical skills examination in a manner that tests an applicant's
ability to properly restrain an animal, measure a correct dosage of
euthanasia solution, locate an injection site and perform an
injection. In order to pass the practical skills examination, an
applicant shall exhibit to the board that he or she can locate an
injection site and perform an injection and also perform euthanasia
correctly and humanely.
(d) An applicant who successfully passes the written
examinations and the practical skills examination required by this
section shall sign a form authorizing the board to make inquiries
through the United States Department of Justice, or any other legal jurisdiction or entity, for the purpose of determining the
character and reputation of the applicant and other matters
relating to the certification of the applicant.
§30-10-14. Scope of practice for an animal euthanasia technician.
(a) A certified animal euthanasia technician may euthanize
animals assigned to the care of an animal control facility.
(b) A certified animal euthanasia technician shall practice
euthanasia within the limitations imposed by this article and rules
promulgated by the board under this article.
(c) A certified animal euthanasia technician may not practice
or offer to practice his or her profession outside the direct
authority of the animal control facility which employs him or her
or otherwise contracts for his or her services.
(d) A certified animal euthanasia technician is not qualified
and may not indicate that he or she is qualified to act in any
capacity relative to animals beyond his or her specified and
regulated authority to euthanize animals at the instruction of the
animal control facility by which he or she is employed.
(e) Annually, before January 15, a certified animal euthanasia
technician shall report to the board the number of animals
euthanized at his or her facility during the previous calendar
year.
§30-10-15. Renewal requirements.
(a) All persons regulated by the article shall annually or
biennially before January 1, renew his or her license, registration or certification by completing a form prescribed by the board,
paying all applicable fees and submitting any other information
required by the board.
(b) At least thirty days prior to January 1, the board shall
mail to every person regulated by the article an application for
renewal.
(c) The board shall charge a fee for each renewal and a late
fee for any renewal not properly completed and received with the
appropriate fee by the due date.
(d) The board shall require as a condition of renewal that
each licensee, registrant and certificate holder complete
continuing education.
(e) The board may deny an application for renewal for any
reason which would justify the denial of an original application.
(f) The board may authorize the waiving of the renewal fee of
a licensed veterinarian or registered veterinarian technician
during the period when he or she is on active duty with any branch
of the armed services or the public health service of the United
States or a declared emergency.
(g) After July 1, 2010, a previously certified animal
euthanasia technician may renew his or her certification without
having obtained a high school degree or GED.
§30-10-16. Temporary permits for a veterinarian.
(a) Upon completion of an application and payment of the
applicable fees, the board may issue a temporary permit to a person to practice veterinary medicine in this state who has completed the
educational requirements set out in this article, is waiting to
take the state examination, and is working under a supervising
veterinarian.
(b) The temporary permit is valid for a period not to exceed
the next scheduled examination date first held following the
issuance of the temporary permit and expires the day after the
board gives written notice to the permitee of the results.
(c) A temporary permit may be revoked by a majority vote of
the board without a hearing.
§30-10-17. Exemptions from article.
The following persons are exempt from licensing under the
provisions of this article:
(a) An employee of the federal government performing his or
her official duties, as defined by the employing agency;
(b) A student of a veterinary school working under the direct
supervision of a licensed veterinarian;
(c) A person advising with respect to or performing acts which
the board has prescribed by legislative rule as accepted livestock
management practices;
(d) The owner of an animal, the owner's employees, or persons
assisting the owner without any fee or compensation, caring for and
treating the animal, except where the ownership of the animal was
transferred for the purpose of circumventing the provisions of this
article;
(e) A member of the faculty of a veterinary school performing
his or her regular duties and functions, including lecturing,
giving instructions or demonstrations, at a veterinary school or in
connection with a board approved continuing education course or
seminar;
(f) A person selling or applying a pesticide, insecticide or
herbicide;
(g) A person engaging in bona fide scientific research which
reasonably requires experimentation involving animals;
(h) A person engaging in bona fide scientific research in
consultation with a licensed veterinarian in this state;
(i) A person treating or relieving a living animal in the case
of an emergency for no fee or other compensation;
(j) A person who disposes of the carcass of a dead animal; and
(k) Veterinary assistants acting under the general supervision
of a licensed veterinarian.
§30-10-18. Display of license, permit, registration and
certificate.
(a) The board shall prescribe the form for a license, permit,
registration and certificate and may issue a duplicate upon payment
of a fee.
(b) Any person regulated by this article shall conspicuously
display his or her license, permit, registration or certification
at his or her principal business location.
§30-10-19. Complaints; investigations; due process procedure; grounds for disciplinary action.
(a) The board may upon its own motion and shall upon the
written complaint of any person cause an investigation to be made
to determine whether grounds exist for disciplinary action under
this article.
(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee, permittee,
registrant or certificate holder.
(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, permittee, registrant or certificate holder has
violated any provision of this article.
(d) Upon a finding that probable cause exists that the
licensee, permittee, registrant or certificate holder has violated
this article, the board may enter into a consent decree or hold a
hearing for the suspension or revocation of the license, permit,
registration or certificate or the imposition of sanctions against
the licensee, permittee, registrant or certificate holder. The
hearing shall be held in accordance with the provisions of this
article.
(e) Any member of the board or the executive director of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by this article.
(f) Any member of the board or its executive director may sign a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing,
deny, refuse to renew, suspend or revoke the license, permit,
registration or certificate of, impose probationary conditions upon
or take disciplinary action against, any licensee, permittee,
registrant or certificate holder for any of the following reasons:
(1) Obtaining a license, permit, registration or certificate
by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct;
(4) Intentional violation of this article or lawful order;
(5) Having had a license or other authorization to practice
revoked or suspended, other disciplinary action taken, or an
application for licensure or other authorization refused, revoked
or suspended by the proper authorities of another jurisdiction,
irrespective of intervening appeals and stays; or
(6) Engaging in any act which has endangered or is likely to
endanger the health, welfare or safety of the public.
(h) For the purposes of subsection (g) of this section,
disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 a day per
violation;
(4) Mandatory attendance at continuing education seminars or
other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee, registrant or
certificate holder to report to the board for periodic interviews
for a specified period of time; or
(7) Other corrective action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.
§
30-10-20. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section
eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, the administrative law judge shall prepare a proposed
written order containing findings of fact and conclusions of law at
the conclusion of a hearing. The proposed order may contain
proposed disciplinary actions if the board so directs. The board
may accept, reject or modify the decision of the administrative law
judge.
(d) Any member or the executive director of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee,
permittee, registrant or certificate holder has violated this
article, a formal written decision shall be prepared which contains
findings of fact, conclusions of law and a specific description of
the disciplinary actions imposed.
§
30-10-21. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee, registrant or certificate holder
adversely affected by a decision of the board entered after a
hearing may obtain judicial review of the decision in accordance
with section four, article five, chapter twenty-nine-a of this
code, and may appeal any ruling resulting from judicial review in
accordance with article six, chapter twenty-nine-a of this code.
§
30-10-22. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated this article, the board may bring its
information to the attention of an appropriate law-enforcement
official who may cause criminal proceedings to be brought.
(b) Any person violating a provision of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $500 nor more than $1,000 or confined in jail not more
than six months, or both fined and confined.
§30-10-23. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.