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§ 485.21. Grounds for disciplinary proceedings

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: February 7, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 15. Veterinary Medicine Practice Act (Refs & Annos)
Effective: February 7, 2003
63 P.S. § 485.21
§ 485.21. Grounds for disciplinary proceedings
The board shall suspend or revoke any license or certificate or otherwise discipline an applicant, licensee or certificate holder who is found guilty by the board or by a court of one or more of the following:
(1) Wilful or repeated violations of any provisions of this act or any of the rules and regulations of the board.
(2) Fraud or deceit in the procuring or attempting to procure a license to practice veterinary medicine or presenting to the board dishonest or fraudulent evidence of qualifications. Fraud or deception in the process of examination for the purpose of securing a license.
(3) The wilful failure to display a license.
(4) Fraud, deception, misrepresentation, dishonest or illegal practices in or connected with the practice of veterinary medicine.
(5) Wilfully making any misrepresentation in the inspection of food for human consumption.
(6) Fraudulently issuing or using any health certificate, inspection certificate, vaccination certificate, test chart or other blank forms used in the practice of veterinary medicine to prevent the dissemination of animal disease. Transportation of diseased animals or the sale of inedible products of animal origin for human consumption.
(7) Fraud or dishonesty in applying, treating or reporting on any diagnostic or other biological test.
(8) Failure to keep the equipment and premises of the business establishment in a clean and sanitary condition.
(9) Refusing to permit the board, or duly authorized representatives of the board, to inspect the business premises of the licensee.
(10) Circulating untrue, fraudulent, misleading or deceptive advertising.
(11) Incompetence, gross negligence or other malpractice, or the departure from, or failure to conform to, the standards of acceptable and prevailing veterinary medical practice, in which case actual injury need not be established.
(12) Engaging in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct as defined herein or prescribed by the rules of the board.
(13) Revocation, suspension or other disciplinary action by another state of a license to practice veterinary medicine or veterinary technology in that state on grounds similar to those which in this State allow disciplinary proceedings, in which case the record of such revocation, suspension or other disciplinary action shall be conclusive evidence.
(14) Conviction of a violation of “The Controlled Substance, Drug, Device and Cosmetic Act”1 in which case a record of conviction shall be conclusive evidence.
(15) Conviction of a felony or misdemeanor crime related to the profession or crime of moral turpitude in the courts of this State or any other state, territory or country which, if committed in this State, would be deemed a felony or misdemeanor crime related to the profession or crime of moral turpitude and suspension or revocation of the license is in the best interest of the public health and the general safety and welfare of the public.
A record of conviction in a court of competent jurisdiction shall be sufficient evidence for disciplinary action to be taken as may be deemed proper by the board.
(16) Permitting or allowing another to use his or her license for the purpose of treating or offering to treat sick, injured or afflicted animals.
(17) Engaging in the practice of veterinary medicine under a false or assumed name or the impersonation of another practitioner of a like, similar or different name.
(18) Maintaining a professional or business connection with any other person who continues to violate any of the provisions of this act or rules of the board after ten days' notice in writing by the board.
(19) Addiction to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate him or her from the performance of his or her professional obligations and duties.
(20) Professional incompetence.
(21) The wilful making of any false statement as to material matter in any oath or affidavit which is required by this act.
(22) Knowingly maintaining a professional connection or association with any person who is in violation of this act or regulation of the board or knowingly aiding, assisting, securing, advising, or having in the licensee's employment any unlicensed person to practice veterinary medicine contrary to this act or regulations of the board.
(23) Failing to furnish a copy of a patient's medical records or failing to provide a patient's radiographs to another treating veterinarian, hospital or clinic upon the written request of an owner or owner's agent, or failing to provide the owner or owner's agent with a copy of the medical records within a reasonable period of time and upon proper request or waiver by the owner or owner's agent, or failing to comply with any other law or regulation relating to medical records. The furnishing of a summary of a patient's medical records shall be permissible only when a summary and not a copy of the records is requested.
(24) Failing to maintain required veterinary medical, surgical and/or diagnostic procedure logs and/or medical records.

Credits

1974, Dec. 27, P.L. 995, No. 326, § 21. Amended 1986, May 9, P.L. 166, No. 54, § 1, imd. effective; 2002, Dec. 9, P.L. 1370, No. 167, § 1, effective in 60 days.

Footnotes

35 P.S. § 780-101 et seq.
63 P.S. § 485.21, PA ST 63 P.S. § 485.21
Current through 2022 Regular Session Act 96. Some statute sections may be more current, see credits for details.
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