Kansas Statutes 47-834. Prohibition against practice without license; unlawful practice of veterinary medicine; unlawful operation or management by a person of veterinary premises; criminal penalties; remedies of board; actions by board against perso…
(a) Unlawful practice of veterinary medicine is the practice of veterinary medicine by a person without a license unless that person is exempt from such requirement pursuant to the provisions of Kan. Stat. Ann. § 47-817, and amendments thereto.
(b) Unlawful operation or management of veterinary premises is the operation or management by a person of a veterinary premises that is not registered pursuant to the provisions of Kan. Stat. Ann. § 47-840, and amendments thereto.
Terms Used In Kansas Statutes 47-834
- Board: means the state board of veterinary examiners. See Kansas Statutes 47-846
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Veterinarian: means an individual licensed to practice veterinary medicine in this state. See Kansas Statutes 47-846
(c) (1) Unlawful practice of veterinary medicine is a class B nonperson misdemeanor.
(2) Unlawful operation or management of veterinary premises is a class B nonperson misdemeanor.
(3) Each act that violates the provisions of subsection (a) or (b) constitutes a distinct and separate offense.
(d) The board may order the remedying of any violations of any provision of this act or any rules and regulations of the board. The board may issue a cease and desist order upon board determination that a licensee, registrant or any veterinarian has violated any provision of this act, an order of the board or any rules and regulations of the board.
(e) If the board determines that a person is practicing veterinary medicine without a license on a companion animal or is operating or managing a veterinary premises that is not registered pursuant to Kan. Stat. Ann. § 47-480, and amendments thereto, in addition to any other penalties imposed by law, the board may take any or all of the following actions:
(1) Issue a cease and desist order;
(2) issue a citation and fine in accordance with the procedures in Kan. Stat. Ann. §§ 47-843 and 47-844, and amendments thereto; and
(3) bring an injunction action in its own name in a court of competent jurisdiction.
(f) For purposes of investigations and proceedings conducted by the board, the board may issue subpoenas compelling the attendance and testimony of any person or the production for examination or copying of documents or any other physical evidence according to the procedures in subsection (a)(19) of Kan. Stat. Ann. § 47-821, and amendments thereto, if such evidence relates to practicing veterinary medicine without a license on a companion animal or operating or managing a veterinary premises that is not registered pursuant to Kan. Stat. Ann. § 47-840, and amendments thereto.
(g) The successful maintenance of an action based on any one of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.