(a) An applicant who is applying for licensure as a veterinarian under this subchapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree of Doctor of Veterinary Medicine or its equivalent from a school or college accredited by the American Veterinary Medical Association, or if the applicant’s degree is not from an AVMA-accredited school or college, possess a certificate issued by a certifying Commission approved by the Delaware Board;

(2) Has achieved the passing score on the written standardized examination for veterinarians designated by the Board pursuant to § 3306 of this title.

(3) Has not had that applicant’s United States Drug Enforcement Administration (DEA) privileges restricted or revoked; or

(4) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) Shall not have a criminal conviction record, or pending criminal charge relating to an offense that is substantially related to the practice of veterinary medicine. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(5).

a.-d. [Repealed.]

(6) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this subchapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed as a veterinarian.

Terms Used In Delaware Code Title 24 Sec. 3313

  • 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.
  • Board: shall mean the State Board of Veterinary Medicine established in this chapter. See Delaware Code Title 24 Sec. 3302
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Practice of veterinary medicine: shall mean :

    a. See Delaware Code Title 24 Sec. 3302

  • Quorum: The number of legislators that must be present to do business.
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of veterinary medicine. See Delaware Code Title 24 Sec. 3302
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Veterinarian: shall mean a person who has received a degree in veterinary medicine from a school of veterinary medicine. See Delaware Code Title 24 Sec. 3302
  • Veterinary medicine: shall include veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine. See Delaware Code Title 24 Sec. 3302

(b) In the event the applicant shall have been the recipient of any administrative penalties regarding that applicant’s practice of veterinary medicine, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding such penalties and/r agreements to the Board. The Board may, after a hearing, determine that such administrative penalty is grounds to deny licensure.

(c) In the event the applicant has not taken the national examination designated by the Board pursuant to § 3306 of this title, the applicant shall sit for the latest examination at such times as determined by the testing service.

(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

24 Del. C. 1953, § ?3305; 57 Del. Laws, c. 178; 63 Del. Laws, c. 460, § ?5; 64 Del. Laws, c. 448, § ?2; 68 Del. Laws, c. 332, § ?1; 69 Del. Laws, c. 255, § ?1; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 207, § ?17; 74 Del. Laws, c. 262, § ?70; 75 Del. Laws, c. 295, §§ ?20, 31-35; 75 Del. Laws, c. 436, § ?37; 77 Del. Laws, c. 199, § ?27; 78 Del. Laws, c. 44, §§ ?52, 53; 83 Del. Laws, c. 433, § 22;

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