Louisiana Revised Statutes 37:1565 – Certificate of approval; denial; sanctions
Terms Used In Louisiana Revised Statutes 37:1565
- Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 37:1561
- Certificate of approval: means a certificate issued by the Louisiana Board of Veterinary Medicine to a registered equine dentist. See Louisiana Revised Statutes 37:1561
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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.
- practice of equine dentistry: means the rasping or floating of molar, premolar, and canine teeth of equines, and the removal of deciduous incisor and premolar teeth or caps of equines. See Louisiana Revised Statutes 37:1561
- Quorum: The number of legislators that must be present to do business.
- Registered equine dentist: means a person registered by the board as being qualified to practice equine dentistry in Louisiana. See Louisiana Revised Statutes 37:1561
A. After a hearing held in compliance with the Administrative Procedure Act, the board may deny, suspend, or revoke the certificate of approval held by any registered equine dentist, or impose any other penalty authorized in this Chapter, upon a finding by a majority of the quorum of the board that an equine dentist has failed to comply with any provision of this Chapter or any of the rules and regulations adopted by the board based upon any one of the following grounds:
(1) Has willfully or negligently divulged or discussed with anyone a veterinarian’s diagnosis or treatment without the express permission of the veterinarian.
(2) Has been convicted or entered a plea of nolo contendere to any offense involving moral turpitude.
(3) Has been proven to suffer from the habitual or excessive use of alcohol or any controlled dangerous substance.
(4) Has committed fraud or misrepresentation in applying for or procuring a certificate of approval to perform as a registered equine dentist in this state, or in applying for or procuring an annual registration.
(5) Has impersonated another person registered as an equine dentist or allowed any person to use his certificate of approval.
(6) Has aided or abetted the practice of veterinary medicine by a person not licensed by the board.
(7) Has aided or abetted the practice of equine dentistry by a person not registered by the board.
(8) Has performed duties of an equine dentist in an incompetent or grossly negligent manner.
(9) Has performed an act of cruelty upon an animal.
(10) Has been found guilty of unprofessional conduct. Unprofessional conduct shall include departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of equine dentistry. A showing of actual injury to a horse shall not be necessary.
(11) Has been declared insane or incompetent by a court of law.
(12) Has engaged in conduct resulting in the suspension, revocation, or any other sanction by another state of a registration, license, or certification to perform as an equine dentist. A certified copy of the record of the suspension, revocation, or any other sanction of the state imposing the penalty shall be conclusive evidence of such suspension, revocation, or sanction.
(13) Has employed fraud or dishonesty in connection with his practice as a registered equine dentist.
(14) Has been shown to have exhibited conduct unbecoming to a person registered as an equine dentist or detrimental to the best interests of the public.
B. Failure to pay the fees required in La. Rev. Stat. 37:1562 shall result in an automatic denial of a certificate of approval held by an equine dentist. Any denial, suspension, revocation, or other sanction shall be subject to review pursuant to the Administrative Procedure Act and the board’s rules.
Acts 1999, No. 980, §1, eff. July 9, 1999.