The board may refuse to issue, renew or reinstate the license of a veterinarian, or may deny, revoke, suspend, sanction, reprimand, restrict, limit, place on probation or require voluntary surrender of the license of a veterinarian, and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with any licensed veterinarian pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, for any or all of the following reasons:
(1)  The employment of fraud, misrepresentation of a material fact or deception by an applicant or licensee in:
(a)  Securing or attempting to secure the issuance or renewal of a license;
(b)  Statements regarding the veterinarian’s skills or efficacy or value of any treatment provided or to be provided or using any false, fraudulent, misleading or deceptive statement connected with the practice of veterinary medicine including, but not limited to, false or misleading advertising; or
(c)  Participating in a breach of the North American veterinary licensing examination (NAVLE). The following activity is a violation and constitutes grounds for discipline under this subsection:
(i)   Written notification from the national board examination committee (NBEC), or its designee, that the NBEC has nullified the NAVLE score of the applicant or licensee because the applicant or licensee has admitted cheating or committing other improprieties in the taking, administering or processing of the NAVLE; or
(ii)  Written notification from the NBEC, or its designee, that the NBEC has obtained a court judgment against the applicant or licensee after proving allegations that the applicant or licensee cheated or committed other improprieties in the taking, administering or processing of the NAVLE.

Terms Used In Idaho Code 54-2115

  • Animal: means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead. See Idaho Code 54-2103
  • Assistant: means any individual, other than a certified veterinary technician or a licensed veterinarian, who is utilized by a licensed veterinarian to assist in the performance of acts pertaining to the practice of veterinary medicine. See Idaho Code 54-2103
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board: means the state board of veterinary medicine. See Idaho Code 54-2103
  • Certified veterinary technician: means a person who has fulfilled the certification requirements prescribed by board rule and has been certified by the board to practice veterinary technology in this state. See Idaho Code 54-2103
  • Discipline: means board action including, but not limited to:
Idaho Code 54-2103
  • Emergency: means that the animal has been placed in a life-threatening condition where immediate treatment is necessary to sustain life. See Idaho Code 54-2103
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine in this state. See Idaho Code 54-2103
  • Person: means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. See Idaho Code 54-2103
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Supervision: means the action or process of a supervising veterinarian in directing activities or a course of action for those individuals to whom activities or functions have been assigned or delegated. See Idaho Code 54-2103
  • Veterinarian: means a person who has received a doctor’s degree in veterinary medicine from an accredited or approved school of veterinary medicine or as otherwise provided by law or rule. See Idaho Code 54-2103
  • Veterinary technician: means a person who has graduated from a veterinary technology program accredited or approved by the committee on veterinary technician education and activities of the American veterinary medical association or other accrediting agency approved by the board or a person who has received equivalent training as set forth in the rules of the board. See Idaho Code 54-2103
  • Veterinary technology: means the performance of services within the practice of veterinary medicine by a person working under the direction of a supervising veterinarian to perform duties that require an understanding of veterinary medicine in order to carry out the orders of the veterinarian. See Idaho Code 54-2103
    • (2)  Unethical or unprofessional conduct, as defined by section 54-2103, Idaho Code, and as established by the rules of the board.
    (3)  Being found guilty, convicted, placed on probation, having entered a guilty plea that is accepted by the court, forfeiture of bail, bond or collateral deposited to secure a defendant’s appearance, or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:
    (a)  Any felony as defined in chapter 1, title 18, Idaho Code;
    (b)  Any other criminal act that in any way is related to the practice of veterinary medicine as defined by section 54-2103, Idaho Code; or
    (c)  Any violation of any federal or state statute, rule or regulation regulating narcotics, dangerous drugs or controlled substances.
    (4)  Medical incompetence in the practice of veterinary medicine as defined by section 54-2103, Idaho Code.
    (5)  Physical or mental incompetence in the practice of veterinary medicine as defined in section 54-2103, Idaho Code.
    (6)  Malpractice or negligence in the practice of veterinary medicine as defined in section 54-2103, Idaho Code.
    (7)  Aiding or abetting an unlicensed or uncertified person to practice veterinary medicine or veterinary technology or employing or holding such unlicensed person out as being able to practice veterinary medicine or veterinary technology.
    (8)  Fraud, dishonesty, failure to report, or gross negligence in the inspection of animals and animal products intended for human consumption, issuance of health or inspection certificates in the application, vaccination, treatment or reporting of any test for disease in animals and in reporting any contagious or infectious disease.
    (9)  Failure to comply with the veterinary standards of practice as established by the rules of the board.
    (10) Failure to comply with the recordkeeping requirements as established by the rules of the board.
    (11) Cruelty to animals including, but not limited to, the intentional and malicious infliction of pain, physical suffering, injury or death, performance of experimental treatments without the owner’s consent, deprivation of necessary sustenance, withholding of appropriate pain medications or levels of pain medications, or the administration of unnecessary procedures and treatment.
    (12) Infliction of pain on any animal in self-defense, or to prevent physical harm to others, or in accordance with local custom and culture in moving, handling, treating, dehorning, castrating or performing other procedures on livestock shall not be considered cruel or physically abusive unless done in an unnecessary or intentionally malicious manner. This provision does not alter section 25-3514, Idaho Code.
    (13) Revocation, suspension, disciplinary sanction, other adverse action, or failure to report any such adverse action to the board, including voluntary surrender of a license or certificate by virtue of which one is licensed to practice veterinary medicine in that jurisdiction or country on grounds other than nonpayment of renewal fees.
    (14) Falsifying or failing to fulfill the continuing education requirements as established by the rules of the board.
    (15) The use, prescription or sale of any controlled substance, veterinary legend/prescription drug or prescription of an extra-label use for any human or veterinary drug without a valid veterinarian/client/patient relationship.
    (16) Charging for services that were not rendered, charging for services that were not documented in the patient’s records, or charging for services that were not consented to by the owner of the patient or the owner’s agent.
    (17) Failure to timely furnish details of a patient’s medical record to another veterinarian, hospital, clinic, owner or owner’s agent.
    (18) Failure of any applicant or licensee to cooperate with the board during any investigation, even if such investigation does not personally concern the applicant or licensee.
    (19) Failure to comply with the terms of any order, negotiated settlement or probationary agreement of the board or to pay the costs assessed in a disciplinary matter pursuant to section 54-2105, Idaho Code.
    (20) Failure to comply with the terms for renewal or to timely pay license, certification or registration renewal fees as specified by section 54-2112, Idaho Code, and the rules of the board.
    (21) Failure of a licensed veterinarian to exercise proper supervision, as defined by the rules of the board, when supervising a temporary licensee or holder of a temporary certification, a certified veterinary technician, a veterinary technician, a veterinary assistant, a certified euthanasia technician or other person, except in an emergency situation as defined in section 54-2103, Idaho Code.
    (22) Delegation of an act pertaining to the practice of veterinary medicine or veterinary technology to an unqualified person, regardless of the supervision provided.
    (23) Aiding or abetting or violating any of the provisions of this chapter or any lawful rule or order of the board.