Maine Revised Statutes Title 32 Sec. 4864 – Denial or refusal to renew license; disciplinary action
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In addition to the grounds enumerated in Title 10, section 8003, subsection 5?A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5?A for: [PL 2007, c. 402, Pt. R, §8 (NEW).]
1. Convictions.
[PL 2007, c. 402, Pt. R, §8 (RP).]
Terms Used In Maine Revised Statutes Title 32 Sec. 4864
- Animal: means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead. See Maine Revised Statutes Title 32 Sec. 4853
- Board: means the State Board of Veterinary Medicine. See Maine Revised Statutes Title 32 Sec. 4853
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fraud: Intentional deception resulting in injury to another.
- Licensed veterinary technician: means a person who has completed a minimum of 2 years in a college program that is certified according to the standards adopted by the American Veterinary Medical Association's Committee on Veterinary Technician Education and Activities or an equivalent program, as determined by the board, and who has passed an examination for licensure prescribed by the board. See Maine Revised Statutes Title 32 Sec. 4853
- 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 a 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 Maine Revised Statutes Title 32 Sec. 4853
- Practice of veterinary medicine: means :
A. See Maine Revised Statutes Title 32 Sec. 4853Veterinarian: means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine. See Maine Revised Statutes Title 32 Sec. 4853 Veterinary medicine: includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine including all aspects of the "practice of veterinary medicine" under subsection 7. See Maine Revised Statutes Title 32 Sec. 4853
2. Fraud.
[PL 2007, c. 402, Pt. R, §8 (RP).]
3. Violation of drug laws. Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or cannabis;
[PL 1975, c. 477, §4 (NEW).]
4. Chronic use of drugs. Chronic or habitual use of drugs;
[PL 1975, c. 477, §4 (NEW).]
5. Insanity.
[PL 1979, c. 291, §7 (RP).]
5-A. Mental illness. A medical finding of mental incompetency;
[PL 1979, c. 291, §8 (NEW).]
6. Certain prescriptions of narcotics. Prescribing narcotic drugs for other than accepted therapeutic purposes;
[PL 1975, c. 477, §4 (NEW).]
7. Malpractice.
[PL 2007, c. 402, Pt. R, §8 (RP).]
8. Incompetence or gross negligence.
[PL 2007, c. 402, Pt. R, §8 (RP).]
9. Cruelty to animals. The performance of any inhumane or cruel act, as established by the board and by applicable civil and criminal laws and rules in the treatment or care of any animal;
[PL 2005, c. 347, Pt. C, §2 (AMD).]
10. Permitting a veterinary technician to perform prohibited acts. Permitting any licensed veterinary technician operating under the licensee’s supervision to perform any act or operation other than that permitted under section 4866;
[PL 2007, c. 402, Pt. R, §8 (AMD).]
11. Unprofessional conduct. Unprofessional conduct, as defined in the rules of the board, includes, but is not limited to, the following:
A. Advertising in any manner considered by the board to be false, misleading or otherwise deemed unprofessional; [PL 1975, c. 477, §4 (NEW).]
B. Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of veterinary medicine; [PL 1975, c. 477, §4 (NEW).]
C. Refusing to divulge to the board upon demand, the means, method, device or instrumentality used in the treatment of a disease, injury, ailment or infirmity of any animal; or [PL 1997, c. 246, §22 (AMD).]
D. Fraud or dishonesty in the application or reporting of any test for disease in animals or making a false report of any contagious or infectious disease; [PL 1975, c. 477, §4 (NEW).]
[PL 1997, c. 246, §22 (AMD).]
12. Unauthorized associations. A veterinarian may practice only in an individual capacity under that veterinarian’s own name or in association with a licensed practitioner of veterinary medicine or professional association. For purposes of this subsection, a veterinarian who has an employment relationship with a corporation or other legal entity that provides a continuum of veterinary services and treatment, including, but not limited to, diagnostic laboratory, research and development services and health and import and export certification, is considered to be lawfully practicing under that veterinarian’s own name as long as that veterinarian is individually accountable for conduct under that veterinarian’s license. The following are deemed unauthorized associations:
A. [PL 2015, c. 209, §16 (RP).]
B. Knowingly aiding and abetting in the practice of veterinary medicine any person not licensed to practice in this State; [PL 1975, c. 477, §4 (NEW).]
C. The lending, leasing or in any other manner placing of one’s license at the disposal of or in the service of any other person not licensed to practice veterinary medicine in this State; and [PL 2007, c. 402, Pt. R, §8 (AMD).]
D. The continuance of a veterinarian directly or indirectly in the employ of or in association with any veterinarian after knowledge that such veterinarian is engaged in the violation of the provisions of this chapter; [PL 2015, c. 488, §24 (AMD).]
[PL 2015, c. 488, §24 (AMD).]
13. Lack of sanitation. Failure to maintain veterinary premises and equipment in a clean and sanitary condition as defined by the board in accordance with the sanitation provisions included in Title 7, section 3936; or
[PL 2015, c. 488, §25 (AMD).]
14. Violation.
[PL 2007, c. 402, Pt. R, §8 (RP).]
15. Controlled Substances Prescription Monitoring Program. Failure to comply with the requirements of Title 22, section 7253.
[PL 2015, c. 488, §26 (NEW).]
SECTION HISTORY
PL 1975, c. 477, §4 (NEW). PL 1977, c. 78, §187 (AMD). PL 1977, c. 694, §641 (AMD). PL 1979, c. 291, §§7-9 (AMD). PL 1993, c. 404, §A9 (AMD). PL 1997, c. 246, §§21-23 (AMD). PL 1999, c. 547, §B70 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 251, §§5-7 (AMD). PL 2005, c. 347, §C2 (AMD). PL 2007, c. 402, Pt. R, §8 (AMD). PL 2011, c. 594, §1 (AMD). PL 2015, c. 209, §16 (AMD). PL 2015, c. 488, §§24-26 (AMD).