In addition to the disciplinary actions set forth in section 54-2115, Idaho Code:
(1)  Administrative actions.
(a)  Any person violating the provisions of this chapter, or violating a board rule, may be fined by the board or its duly authorized agent not more than five thousand dollars ($5,000) for each offense; provided that each act on each day of violation shall constitute a separate offense. Imposition of a fine may be made in conjunction with any other board administrative action. No fine may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If a person fined fails to fully pay the fine, investigatory expenses or reasonable paralegal and attorney’s fees, the board may recover such amount by action in the appropriate district court. Any assessment for costs and attorney’s fees incurred in the investigation and prosecution or defense of a person under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.
(b)  The board may establish alternatives to formal disciplinary action for violations of this chapter or board rules that may include a practice remediation program to educate and remediate licensees and certificate holders as a result of practice deficiencies. An alternative to formal discipline may be offered by the board’s liaison officer to a licensee or certificate holder when the officer has determined, in the officer’s sound discretion, after consultation with and approval of the board president or vice president if the president is unavailable, that animal and public safety will not be compromised and the violation can most appropriately be resolved without formal discipline. To further the purposes of an alternative to discipline, it will be offered only by or through the liaison officer and, unless the person violates its terms, the full board will not be informed of the alternative to discipline or have to expressly approve its terms. An alternative to formal discipline shall not be available and may not be offered by the liaison officer in any of the following circumstances:
(i)   Within the preceding five (5) years, the person has been formally disciplined by the board or been the subject of an alternative to discipline under this subsection;
(ii)  The person is currently on probation by the board;
(iii)  The person is currently under investigation by the board for any other offense;
(iv)    Felony charges are pending against the person, or the person is the subject of a current criminal investigation involving allegations that, if verified, may reasonably be expected to affect the person’s qualifications or eligibility to remain licensed or certified under this chapter; or
(v)   The act or omission committed by the person:
1.  Caused significant harm to an animal;
2.  Created a substantial risk likely to cause significant harm to an animal; or
3.  Involved fraud or deception.
Among other terms and conditions, an alternative to formal discipline may require the licensee or certificate holder to comply with the instructions of the board’s liaison officer on remedying the violation, pay a monetary civil penalty to the board of up to one thousand dollars ($1,000) and pay all board investigative expenses and costs associated with the file, if warranted under section 12-117(5), Idaho Code.
Upon successful completion of the terms and conditions of the alternative to discipline, the violation shall not be considered "discipline," shall not be reported to any national disciplinary database, and documents and records related to the violation shall be exempt from disclosure under chapter 1, title 74, Idaho Code.

Terms Used In Idaho Code 54-2118

  • 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
  • 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
  • Consultation: means a deliberation between two (2) or more veterinarians concerning the diagnosis of a disease or the proper management of the case. See Idaho Code 54-2103
  • Conviction: A judgement of guilt against a criminal defendant.
  • Discipline: means board action including, but not limited to:
Idaho Code 54-2103
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • 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
    • (2)  Civil court proceedings. The board, the attorney general’s office, a county prosecuting attorney or any citizen of this state may bring an action in the district court of either Ada county or any county where a violation is occurring, to enjoin any person from practicing veterinary medicine or practicing as a certified veterinary technician, certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification. If the court finds that the person is violating the provisions of this chapter, it shall enter an injunction restraining that person from such unlawful acts.
    (3)  Criminal actions. Any person who practices veterinary medicine, any person practicing as a certified veterinary technician, a certified euthanasia technician or any agency operating as a certified euthanasia agency without a currently valid, active license, certification, temporary permit or temporary certification shall be guilty of a misdemeanor and upon conviction or withheld judgment shall be fined not less than one hundred dollars ($100), nor more than ten thousand dollars ($10,000), or incarcerated for no more than one hundred eighty (180) days, or both fined and incarcerated, and provided that each act of such unlawful practice shall constitute a distinct and separate offense.
    (4)  The remedies set forth in this section are not mutually exclusive and a successful action on any one (1) remedy does not preclude action on some or all of the other remedies.