169.13 - DISCIPLINE OF LICENSEES.
169.13 DISCIPLINE OF LICENSEES.
1. The board of veterinary medicine, after due notice and
hearing, may revoke or suspend a license to practice veterinary
medicine if it determines that a veterinarian licensed to practice
veterinary medicine is guilty of any of the following acts or
offenses:
a. Knowingly making misleading, deceptive, untrue, or
fraudulent representation in the practice of the profession.
b. Being convicted of a felony in the courts of this state or
another state, territory, or country. Conviction as used in this
paragraph includes a conviction of an offense which if committed in
this state would be deemed a felony without regard to its designation
elsewhere, or a criminal proceeding in which a finding or verdict of
guilt is made or returned, but the adjudication or guilt is either
withheld or not entered. A certified copy of the final order or
judgment of conviction or plea of guilty in this state or in another
state is conclusive evidence.
c. Violating a statute or law of this state, another state,
or the United States, without regard to its designation as either
felony or misdemeanor, which statute or law relates to the practice
of veterinary medicine.
d. Having the person's license to practice veterinary
medicine revoked or suspended, or having other disciplinary action
taken by a licensing authority of another state, territory, or
country. A certified copy of the record or order of suspension,
revocation, or disciplinary action is conclusive or prima facie
evidence.
e. Knowingly aiding, assisting, procuring, or advising a
person to unlawfully practice veterinary medicine.
f. Being adjudged mentally incompetent by a court of
competent jurisdiction. The adjudication shall automatically suspend
a license for the duration of the license unless the board orders
otherwise.
g. Being guilty of a willful or repeated departure from, or
the failure to conform to, the minimal standard of acceptable and
prevailing practice of veterinary medicine as defined in rules
adopted by the board, in which proceeding actual injury to an animal
need not be established; or the committing by a veterinarian of an
act contrary to honesty, justice, or good morals, whether the act is
committed in the course of the practice or otherwise, and whether
committed within or without this state.
h. Inability to practice veterinary medicine with reasonable
skill and safety by reason of illness, drunkenness, excessive use of
drugs, narcotics, chemicals, or other type of material or as a result
of a mental or physical condition.
i. Willful or repeated violation of lawful rules adopted by
the board or violation of a lawful order of the board, previously
entered by the board in a disciplinary hearing.
2. a. The board, upon probable cause, may compel a
veterinarian to submit to a mental or physical examination by
designated physicians. Failure of a veterinarian to submit to an
examination constitutes an admission to the allegations made against
that veterinarian and the finding of fact and decision of the board
may be entered without the taking of testimony or presentation of
evidence. At reasonable intervals, a veterinarian shall be afforded
an opportunity to demonstrate that the veterinarian can resume the
competent practice of veterinary medicine with reasonable skill and
safety to animals.
b. A person licensed to practice veterinary medicine who
makes application for the renewal of the person's license as required
by section 169.12 gives consent to submit to a mental or physical
examination as provided by this paragraph when directed in writing by
the board. All objections shall be waived as to the admissibility of
the examining physician's testimony or examination reports on the
grounds that they constitute privileged communication. The medical
testimony or examination reports shall not be used against a
veterinarian in another proceeding and are confidential except for
other actions filed against a veterinarian to revoke or suspend that
person's license. Section History: Early Form
[S13, § 2538-e; C24, 27, 31, 35, 39, § 2799; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, § 169.36; C79, 81, § 169.13] Section History: Recent Form
83 Acts, ch 115, § 8; 2009 Acts, ch 41, §64
Referred to in § 169.14, 272C.3, 272C.4