Ohio Code 4741.22 – Disciplinary actions
(A) The state veterinary medical licensing board may, except as provided in division (B) of this section, refuse to issue or renew a license, limited license, registration, or temporary permit to or of any applicant who, and may issue a reprimand to, suspend or revoke the license, limited license, registration, or the temporary permit of, or impose a civil penalty pursuant to this section upon any person holding a license, limited license, or temporary permit to practice veterinary medicine or any person registered as a registered veterinary technician who:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 4741.22
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Animal: means any animal other than a human being and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. See Ohio Code 4741.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Licensed veterinarian: means a person licensed by the board to practice veterinary medicine. See Ohio Code 4741.01
- Patient: means an animal that is examined or treated by a licensed veterinarian. See Ohio Code 4741.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- practice of veterinary medicine: means the practice of any person who performs any of the following actions:
(1) Diagnoses, prevents, or treats any disease, illness, pain, deformity, defect, injury, or other physical, mental, or dental condition of any animal;
(2) Administers to or performs any medical or surgical technique on any animal that has any disease, illness, pain, deformity, defect, injury, or other physical, mental, or dental condition or performs a surgical procedure on any animal;
(3) Prescribes, applies, or dispenses any drug, medicine, biologic, anesthetic, or other therapeutic or diagnostic substance, or applies any apparatus for any disease, illness, pain, deformity, defect, injury, or other physical, mental, or dental condition of any animal;
(4) Uses complementary, alternative, and integrative therapies on animals;
(5) Renders professional advice or recommendation by any means, including telephonic or other electronic communication with regard to any activity described in divisions (B)(1) to (4) of this section;
(6) Represents the person's self, directly or indirectly, publicly or privately, as having the ability and willingness to perform an act described in divisions (B)(1) to (4) of this section;
(7) Uses any words, letters, abbreviations, or titles in such connection and under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. See Ohio Code 4741.01
- Registered veterinary technician: means a person who is a graduate of a veterinary technology college approved by the state veterinary medical licensing board, has successfully passed an examination approved by the board, and maintains registration eligibility status in accordance with rules adopted by the board. See Ohio Code 4741.01
- Rule: includes regulation. See Ohio Code 1.59
- Specialist: means a licensed veterinarian who is certified by a veterinary specialty board of a professional veterinary association recognized by rule of the state veterinary medical licensing board. See Ohio Code 4741.01
- state: means the state of Ohio. See Ohio Code 1.59
- Subpoena: A command to a witness to appear and give testimony.
- Veterinary student: means a student enrolled in a college of veterinary medicine or a veterinary technology college approved by the board and who is working with a licensed veterinarian. See Ohio Code 4741.01
(1) In the conduct of the person’s practice does not conform to the rules of the board or the standards of the profession governing proper, humane, sanitary, and hygienic methods to be used in the care and treatment of animals;
(2) Uses fraud, misrepresentation, or deception in any application or examination for licensure, or any other documentation created in the course of practicing veterinary medicine;
(3) Is found to be physically or psychologically addicted to alcohol or an illegal or controlled substance, as defined in section 3719.01 of the Revised Code, to such a degree as to render the person unfit to practice veterinary medicine;
(4) Directly or indirectly employs or lends the person’s services to a solicitor for the purpose of obtaining patients;
(5) Obtains a fee on the assurance that an incurable disease can be cured;
(6) Advertises in a manner that violates section 4741.21 of the Revised Code;
(7) Divides fees or charges or has any arrangement to share fees or charges with any other person, except on the basis of services performed;
(8) Sells any biologic containing living, dead, or sensitized organisms or products of those organisms, except in a manner that the board by rule has prescribed;
(9) Is convicted of or pleads guilty to any felony or crime involving illegal or prescription drugs, or fails to report to the board within sixty days of the individual’s conviction of, plea of guilty to, or treatment in lieu of conviction involving a felony, misdemeanor of the first degree, or offense involving illegal or prescription drugs;
(10) Is convicted of any violation of section 959.13 of the Revised Code;
(11) Swears falsely in any affidavit required to be made by the person in the course of the practice of veterinary medicine;
(12) Fails to report promptly to the proper official any known reportable disease;
(13) Fails to report promptly vaccinations or the results of tests when required to do so by law or rule;
(14) Has been adjudicated incompetent for the purpose of holding the license or permit by a court, as provided in Chapter 2111 of the Revised Code, and has not been restored to legal capacity for that purpose;
(15) Permits a person who is not a licensed veterinarian, a veterinary student, or a registered veterinary technician to engage in work or perform duties in violation of this chapter;
(16) Is guilty of gross incompetence or gross negligence;
(17) Has had a license to practice veterinary medicine or a license, registration, or certificate to engage in activities as a registered veterinary technician revoked, suspended, or acted against by disciplinary action by an agency similar to this board of another state, territory, or country or the District of Columbia;
(18) Is or has practiced with a revoked, suspended, inactive, expired, or terminated license or registration;
(19) Represents self as a specialist unless certified as a specialist by the board;
(20) In the person’s capacity as a veterinarian or registered veterinary technician makes or files a report, health certificate, vaccination certificate, or other document that the person knows is false or negligently or intentionally fails to file a report or record required by any applicable state or federal law;
(21) Fails to use reasonable care in the administration of drugs or acceptable scientific methods in the selection of those drugs or other modalities for treatment of a disease or in conduct of surgery;
(22) Makes available a dangerous drug, as defined in section 4729.01 of the Revised Code, to any person other than for the specific treatment of an animal patient;
(23) Refuses to permit a board investigator or the board’s designee to inspect the person’s business premises during regular business hours, except as provided in division (A) of section 4741.26 of the Revised Code;
(24) Violates any order of the board or fails to comply with a subpoena of the board;
(25) Fails to maintain medical records as required by rule of the board;
(26) Engages in cruelty to animals;
(27) Uses, prescribes, or sells any veterinary prescription drug or biologic, or prescribes any extra-label use of any over-the-counter drug or dangerous drug in the absence of a valid veterinary-client-patient relationship.
(B) The board shall not refuse to issue a license, limited license, registration, or temporary permit to an applicant because of a conviction of or plea of guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
(C) Except as provided in division (F) of this section, before the board may revoke, deny, refuse to renew, or suspend a license, registration, or temporary permit or otherwise discipline the holder of a license, registration, or temporary permit, the executive director shall file written charges with the board. The board shall conduct a hearing on the charges as provided in Chapter 119 of the Revised Code.
(D)(1) Except as otherwise provided in division (D)(2) of this section, if the board, after a hearing conducted pursuant to Chapter 119 of the Revised Code, revokes, refuses to renew, or suspends a license, registration, or temporary permit for a violation of this section, section 4741.23, division (C) or (D) of section 4741.19, or division (B), (C), or (D) of section 4741.21 of the Revised Code, the board may impose a civil penalty upon the holder of the license, permit, or registration of not less than one hundred dollars or more than one thousand dollars.
(2) Except as provided in division (D) of this section, the board shall impose a civil penalty for a violation of division (B)(1) of section 959.07 or division (C) of section 959.09 of the Revised Code by a licensed veterinarian as follows:
(a) One hundred dollars for a second violation of division (B)(1) of section 959.07 of the Revised Code or a first violation of division (C) of section 959.09 of the Revised Code;
(b) Five hundred dollars for any subsequent violation of division (B)(1) of section 959.07 or division (C) of section 959.09 of the Revised Code.
(3) In addition to the civil penalty and any other penalties imposed pursuant to this chapter, the board may assess any holder of a license, permit, or registration the costs of the hearing conducted under this section if the board determines that the holder has violated any provision for which the board may impose a civil penalty under this section.
(E) For a first violation of division (B)(1) of section 959.07 of the Revised Code by a licensed veterinarian, the board shall issue a confidential written warning to the licensed veterinarian and shall not take any other disciplinary action under this section. The board shall include in the warning an explanation of the violation and the reporting requirement specified under section 959.07 of the Revised Code.
(F) The executive director may recommend that the board suspend an individual’s certificate of license without a prior hearing if the executive director determines both of the following:
(1) There is clear and convincing evidence that division (A)(3), (9), (14), (22), or (26) of this section applies to the individual.
(2) The individual’s continued practice presents a danger of immediate and serious harm to the public.
The executive director shall prepare written allegations for consideration by the board. The board, upon review of those allegations and by an affirmative vote of not fewer than four of its members, may suspend the certificate without a prior hearing. A telephone conference call may be utilized for reviewing the allegations and taking the vote on the suspension.
The board shall serve a written order of suspension in accordance with sections 119.05 and 119.07 of the Revised Code. If the individual subject to the suspension requests an adjudicatory hearing by the board, the date set for the hearing shall be not later than fifteen days, but not earlier than seven days after the individual requests the hearing unless otherwise agreed to by both the board and the individual.
A suspension imposed under this division shall remain in effect, unless reversed on appeal, until a final adjudicative order issued by the board under this section and Chapter 119 of the Revised Code becomes effective. The board shall issue its final adjudicative order not later than ninety days after completion of its hearing. Failure to issue the order within ninety days results in dissolution of the suspension order, but does not invalidate any subsequent, final adjudicative order.
(G) A license or registration issued to an individual under this chapter is automatically suspended upon that individual’s conviction of or plea of guilty to or upon a judicial finding with regard to any of the following: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated burglary. The suspension shall remain in effect from the date of the conviction, plea, or finding until an adjudication is held under Chapter 119 of the Revised Code. If the board has knowledge that an automatic suspension has occurred, it shall notify the individual subject to the suspension. If the individual is notified and either fails to request an adjudication within the time periods established by Chapter 119 of the Revised Code or fails to participate in the adjudication, the board shall enter a final order permanently revoking the individual’s license or registration.
Last updated October 4, 2023 at 12:00 PM