T54CH21
Title 54 > T54CH21
Sections (22)
54-2101
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2101. Declaration of policy. This chapter is enacted as an exercise of the power of the state to promote the public health, safety and welfare by safeguarding the people and animals of this state by establishing and enforcing professional standards in the licensure and regulation of veterinary health professionals. It is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this chapter. History: [54-2101, added 1971, ch. 173, sec. 1, p. 812; am. 1983, ch. 139, sec. 1, p. 337; am. 2009, ch. 84, sec. 1, p. 235.]
54-2102
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2102. Short title. (1) This chapter shall be known as the Idaho Veterinary Practice Act. (2) Except where otherwise indicated by context, in this chapter the present tense includes the past and future tenses and the future tense includes the present, each gender includes the other gender; and the singular includes the plural and the plural the singular. History: [54-2102, added 1971, ch. 173, sec. 2, p. 812; am. 1983, ch. 139, sec. 2, p. 337; am. 1990, ch. 111, sec. 1, p. 222.]
54-2103
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2103. Definitions. As used in this chapter: (1) Accredited continuing education activity means a provider and course, seminar, scientific program or any other activity approved by the board or its designees for continuing education credit. (2) Accredited or approved school of veterinary medicine means any veterinary college or division of a university or college inside or outside the United States or Canada that offers the degree of doctor of veterinary medicine, veterinary medicine doctor, or its equivalent and is accredited or approved by the council on education of the American veterinary medical association or other accrediting agency or association approved by the board. (3) Allied health professional means a person holding a current active license, in good standing, in any state to practice one (1) of the healing arts including, but not limited to, medicine, dentistry, osteopathy, chiropractic, acupuncture and podiatry. (4) Anesthetized means any condition of general anesthesia, caused by the administration of a drug or combination of drugs in sufficient quantity to produce a state of unconsciousness or disassociation and blocked response to a given pain or alarm stimulus. (5) Animal means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead. (6) Assistant means any individual, other than a certified veterinary technician or a licensed veterinarian, who is utilized by a licensed veterinarian to assist in the performance of acts pertaining to the practice of veterinary medicine. (7) Board means the state board of veterinary medicine. (8) Certified euthanasia agency or CEA means a law enforcement agency, an animal control agency or a society for the prevention of cruelty to animals that has been inspected and certified by the committee on humane euthanasia or the board. (9) Certified euthanasia technician or CET means a person employed by a certified euthanasia agency who is instructed and certified by the committee on humane euthanasia or the board as defined in the rules of the board, but not to include an individual employed as a technician by animal research laboratories. (10) Certified veterinary technician means a person who has fulfilled the certification requirements prescribed by board rule and has been certified by the board to practice veterinary technology in this state. (11) Consultation means a deliberation between two (2) or more veterinarians concerning the diagnosis of a disease or the proper management of the case. (12) Credit hour means fifty (50) minutes of participation in an accredited continuing education activity. (13) Dentistry is the practice of veterinary medicine and means the application or use of any instrument or device to any portion of an animal’s tooth, gum or any related tissue for the prevention, cure or relief of any wound, fracture, injury, disease or other condition of an animal’
54-2104
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2104. License a prerequisite to practice — Exceptions. (1) No person may practice veterinary medicine in the state who is not an actively licensed veterinarian or the holder of a valid temporary permit issued by the board. (2) This chapter shall not be construed to prohibit: (a) A veterinarian employed by the federal, state or local government from performing official duties specifically required under any lawful act or statute, except that this exemption shall not apply to such persons not actively engaged in performing or fulfilling their official duties and responsibilities. (b) A person who is a regular student currently enrolled and in good standing in an accredited or approved school of veterinary medicine, veterinary science department or an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education from performing duties or actions assigned by the student’s instructors or from working under the direct supervision of an actively licensed veterinarian during a school vacation period. The unsupervised or unauthorized practice of veterinary medicine by a student, even though on the premises of an accredited or approved school of veterinary medicine, veterinary science department, an educational institution accredited by a national or regional accrediting agency recognized by the Idaho state board of education or the United States department of education or at a veterinary medical facility, is prohibited. (c) A person who is a regular student currently enrolled and in good standing in a nonaccredited or nonapproved educational institution and who holds a valid certificate of registration issued by the Idaho state board of education from performing duties or actions assigned by the student’s instructors. This exemption does not include surgery or the administration of controlled substances or legend/prescription drugs, unless specifically allowed by state or federal law, rule or regulation. The unsupervised or unauthorized personal practice of veterinary medicine by a student on the premises of a nonaccredited or nonapproved educational institution is prohibited. (d) Idaho extension personnel from performing their official duties. (e) A veterinarian holding a current, active license in good standing in another state from consulting with a licensed veterinarian in this state. (f) Any merchant or manufacturer from selling nonprescription and noncontrolled medicines, biologics, feed, medicated feed, appliances or other products for the prevention or treatment of animal and poultry diseases. Such merchants or manufacturers shall not, either directly or indirectly, attempt to diagnose a symptom or disease in order to advise treatment, the use of drugs, medicines, appliances or products. (g) A farmer, rancher or feedlot operator, including custom ranch or feedlot
54-2105
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2105. Board of veterinary medicine — Composition — Appointment — Vacancy — Qualifications — Compensation — Removal — Meetings — Officers — Revenues — Powers. (1) (a) A board of veterinary medicine, which shall consist of six (6) members to be appointed by and serve at the pleasure of the governor, is hereby created in the division of occupational and professional licenses. Five (5) members shall be veterinarians and one (1) shall be a public member. Each of the five (5) veterinary board members shall serve a term of five (5) years, with the fifth year serving also as a liaison officer, or until a successor is appointed. The public member shall serve for a term of three (3) years or until a successor is appointed. (b) Whenever the occasion arises for an appointment of a veterinary member under this section, the governor may consider recommendations for appointment to the board from the state veterinary medical association, from any of the regional veterinary medical associations, and from any individual residing in this state. Vacancies due to death, resignation or removal shall be filled for the remainder of the unexpired term in the same manner as regular appointments. Filling the remainder of a previous member’s term shall not count toward the term limits provided for in this section. No veterinarian shall serve two (2) consecutive terms. The public member may serve two (2) full consecutive terms. Each of the five (5) veterinarians shall be qualified to serve as a member of the board if a graduate of an accredited or approved school of veterinary medicine or, if a graduate of a nonaccredited or nonapproved school, by providing a letter from the educational commission for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG program or a copy of their ECFVG certificate or verification of successful completion of any educational equivalency program established for the purpose of evaluating an individual’s educational knowledge and clinical skills as they relate to the practice of veterinary medicine, as approved and outlined by the rules of the board. In addition to verification of graduation from an accredited or nonaccredited school of veterinary medicine, each of the five (5) veterinary members shall be a resident of this state and have been licensed to practice veterinary medicine in this state for the five (5) years immediately preceding the time of appointment. The public member shall be at least twenty-one (21) years of age and a resident of this state for five (5) years immediately preceding appointment. No person may serve on the board who is, or was, during the two (2) years preceding appointment, a member of the faculty or trustees of an accredited school of veterinary medicine. (2) Each member of the board and committee on humane euthanasia shall be compensated as provided by section 59-509 (n), Idaho Code. (3) Any member of the board may be
54-2106
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2106. Emergency veterinary facilities — On-call emergency services — Requirements. The following requirements shall apply to: (1) Emergency veterinary facilities: (a) All advertisements for such facilities shall specify and clearly state the hours of operation and the address and telephone number of the facility; and (b) At least one (1) veterinarian and a qualified staff member shall be on the premises during all stated hours of operation. A sufficient quantity of instrumentation, medications and supplies, and sufficient number of additional veterinarian(s) and support staff, as required to provide an appropriate level of emergency care, shall be on the premises during all stated hours of operation. (2) On-call emergency services: (a) All advertisements for such services shall specify and clearly state that the emergency services are provided on an on-call basis and that there is no veterinarian on premises other than during regular hours of operation; and (b) Shall not be advertised as an emergency veterinary facility. History: [54-2106, added 2006, ch. 139, sec. 2, p. 401.]
54-2107
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2107. LICENSE APPLICATION — CONTENTS — FEE. (1) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board and bear the burden of substantiating to the board the license application requirements. To apply for a veterinary license, the applicant shall complete the application available from the board office, receive a passing score of at least ninety percent (90%) on the Idaho jurisprudence examination, submit the license application fee and first year’s license fee in the amount established in the board rules, and provide any additional information that the board may request. (2) A completed application shall contain the applicant’s notarized signature and shall include the items set out in section 54-2107A or 54-2107B , Idaho Code. Such application shall include an attestation by the applicant, under penalty of perjury, that: (a) The applicant is twenty-one (21) years of age or older; (b) All information contained in the application is true and correct to the best of the applicant’s knowledge; and (c) If applicable, the applicant has always been in good standing in any state in which the applicant has held a license in veterinary medicine. (3) Application materials shall be valid for one (1) year after receipt by the board. (4) An applicant denied licensure may request a hearing pursuant to the procedures set forth in chapter 52, title 67 , Idaho Code. History: [54-2107, added 2021, ch. 40, sec. 5, p. 103.]
54-2107A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2107A. LICENSurE BY ENDORSEMENT. (1) This section shall apply to any applicant who: (a) Is an active duty military member, a former member of the military after discharge under honorable conditions as defined in section 67-9403 , Idaho Code, a veteran, or a spouse of any such person; or (b) Has had an active license in any state, district, or territory of the United States for three (3) years immediately preceding the date of application for an Idaho license. (2) A person applying for a license by endorsement pursuant to this section shall meet the requirements set out in section 54-2107 , Idaho Code, and shall submit the following to the board: (a) An attestation that the applicant has a degree in veterinary medicine from an accredited or approved school of veterinary medicine or has completed the requirements of the American veterinary medical association’s education commission for foreign veterinary graduates program or the program for the assessment of veterinary education equivalence of the American association of veterinary state boards; (b) Passing scores on the national examinations approved by the board; provided that an applicant who has held an active license from any state or states for the three (3) years immediately preceding application for an Idaho license may submit the written verification required in paragraph (c) of this subsection in lieu of such scores; and (c) Written verification of any license or licenses from the licensing organization or organizations in any state or states where the applicant has held an active license for the three (3) years immediately preceding application for an Idaho license or as provided by the veterinary information verifying agency of the American association of veterinary state boards. History: [54-2107A, added 2021, ch. 40, sec. 6, p. 104.]
54-2107B
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2107B. LICENSURE BY WRITTEN EXAMINATION. (1) In addition to the requirements set out in section 54-2107 , Idaho Code, any applicant who does not qualify for licensure by endorsement pursuant to section 54-2107A , Idaho Code, shall submit the following to the board: (a) A certified copy of a diploma or transcript showing the applicant has a degree from an accredited or approved school of veterinary medicine or a letter from an accredited or approved school of veterinary medicine verifying satisfactory graduation by the applicant; or, if a graduate of a nonaccredited or nonapproved school, a letter from the educational commission for foreign veterinary graduates (ECFVG) certifying completion of the ECFVG program or a copy of the ECFVG certificate; or by completion of any educational equivalency program established for the purpose of evaluating an individual’s educational knowledge and clinical skills as they relate to the practice of veterinary medicine; and as approved and outlined by the rules of the board; and (b) Passing scores on the national examinations approved by the board. (2) After November 1, 2000, applicants who have taken their national examinations prior to this date and have not taken and passed the clinical competency test (CCT) may, in lieu of a passing score on the CCT, provide the following documentation from the licensing board in the state in which they are currently actively practicing or from the veterinary information verifying agency of the American association of veterinary state boards: (a) Verification of five (5) years of continuous, active practice in the same state or states where they have practiced for the past five (5) years immediately preceding application for licensure in Idaho, and provided that the requirements for licensure in the state or states are similar to those in Idaho; and (b) Verification of no disciplinary action taken against the applicant’s license to practice veterinary medicine during the five (5) year period immediately preceding application for a veterinary license in Idaho. (3) The practice of an applicant licensed under subsection (2) of this section shall be limited to the same fields of veterinary medicine as such applicant has practiced in another state or states during the five (5) year period immediately preceding application for a veterinary license in Idaho. (4) If applicable, the applicant shall submit written verification of any license or licenses from the licensing organization in any state or states where the applicant has held a license or as provided by the veterinary information verifying agency of the American association of veterinary state boards. History: [54-2107B, added 2021, ch. 40, sec. 7, p. 104.]
54-2108
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2108. criminal background checks for licensure. (1) All applicants for licensure or certification, or for reinstatement after the license or certification has lapsed pursuant to section 54-2112 (3), Idaho Code, must submit to a fingerprint-based criminal history check in accordance with section 67-9411A , Idaho Code. (2) This section shall apply to individuals only. This section shall not apply to entities applying for a certificate as a certified euthanasia agency. History: [54-2108, added 2009, ch. 83, sec. 1, p. 234; am. 2021, ch. 40, sec. 8, p. 105; am. 2024, ch. 101, sec. 9, p. 455.]
54-2110
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2110. License without clinical competency test (CCT). (1) The board may, upon payment of the fee prescribed under section 54-2107 , Idaho Code, license without the clinical competency test (CCT) any person who is a diplomate with current certification from a specialty board approved by the American veterinary medical association. The applicant shall fulfill all requirements for licensure with the exception of a passing score on the CCT and shall provide verification of a current certification from a specialty board approved by the American veterinary medical association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to referrals in the specialty in which the person is board-certified. (2) After November 1, 2000, the board may, upon payment of the fee prescribed under section 54-2107 , Idaho Code, license without the CCT any person who has taken national examinations prior to this date and has not taken and passed the CCT but has fulfilled the requirements of section 54-2107 , 54-2107A , or 54-2107B , Idaho Code. (3) The board may require a personal interview of any or all applicants under this section. History: [54-2110, added 1990, ch. 111, sec. 9, p. 230; am. 1993, ch. 72, sec. 4, p. 192; am. 2000, ch. 122, sec. 5, p. 283; am. 2001, ch. 149, sec. 5, p. 539; am. 2021, ch. 40, sec. 9, p. 105.]
54-2112
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2112. Expiration of license or certification — Notice — Renewal — Inactive status. (1) All licenses and certifications shall expire biennially on the birthday of the licensee unless renewed in a timely manner by submission of the renewal form prescribed by the board, by proof of completion of the appropriate hours of continuing education, by paying the renewal fee, and by meeting other requirements as defined in the rules of the board. (2) An expired license or certification may be reinstated by paying the established late fee and renewal fee and by fulfilling the other requirements of this section. (3) An expired license or certification not reinstated prior to thirty (30) days after it has expired will lapse. Individuals whose licenses or certifications have lapsed must submit an application to the board as if for a new license or certification. (4) Once a license or certification has expired or lapsed, the person or agency may not practice veterinary medicine or veterinary technology or function as a certified euthanasia technician or agency until the license or certification has been reinstated or until the person or agency has applied for and received a new license or certification. (5) Any veterinarian licensed in Idaho or veterinary technician certified in Idaho who advises the board, in writing, that the veterinarian or veterinary technician wishes to remain licensed or certified in this state but does not intend to actively practice veterinary medicine or veterinary technology in the state of Idaho and therefore does not intend to meet the licensing or certification requirements for an active license or certification shall be transferred from active to inactive status and shall be required to pay inactive status fees as prescribed in the rules of the board. Any person may transfer from inactive to active status by making written application for reinstatement to active status, providing adequate proof of continued competence if requested by the board, by paying all required fees, and by meeting other requirements for reinstatement as defined in the rules of the board. History: [54-2112, added 1971, ch. 173, sec. 11, p. 812; am. 1974, ch. 13, sec. 154, p. 138; am. 1983, ch. 139, sec. 12, p. 343; 1990, am. and redesig. ch. 111, sec. 11, p. 231; am. 1993, ch. 72, sec. 6, p. 193; am. 1995, ch. 62, sec. 7, p. 153; am. 2000, ch. 122, sec. 7, p. 284; am. 2001, ch. 149, sec. 7, p. 540; am. 2007, ch. 54, sec. 3, p. 135; am. 2015, ch. 100, sec. 1, p. 241; am. 2021, ch. 40, sec. 11, p. 106; am. 2024, ch. 86, sec. 18, p. 403.]
54-2113
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2113. Corporate practice. (1) A veterinary medical practice may be conducted only as a sole proprietorship, as a partnership or as a professional entity as defined in part 9, chapter 21, title 30 , Idaho Code. No business corporation, other than a professional entity, shall be organized for the practice of veterinary medicine or shall provide veterinary medical services. (2) A not-for-profit corporation may own property in connection with a veterinary medical facility or animal shelter, provided that an actively licensed veterinarian makes all the decisions pertaining to diagnosis, care and treatment of the patients. History: [54-2113, added 2000, ch. 122, sec. 8, p. 284; am. 2015, ch. 251, sec. 8, p. 1050.]
54-2114
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2114. Unauthorized practice a misdemeanor. (1) Anyone not authorized to practice veterinary medicine under this chapter in which an active veterinary license in this state is a prerequisite to practice, who does practice or offers to practice or holds himself out as being able to practice veterinary medicine, or who practices veterinary medicine as an exempt person during the time when his license is expired, suspended, revoked or annulled, shall be practicing in violation of this chapter and is subject to the provisions of section 54-2118 , Idaho Code. (2) Any licensed veterinarian that aids or abets an unlicensed or uncertified person to practice veterinary medicine or employs or holds such unlicensed person out as being able to practice veterinary medicine, shall be subject to the provisions of sections 54-2115 and 54-2118 , Idaho Code. (3) Anyone not authorized to practice veterinary medicine under this chapter in which an active veterinary license in this state is a prerequisite to practice, who offers services in the field of veterinary medicine to an individual in this state, through telephonic, electronic or other means, regardless of the location or profession of this individual, shall be practicing in violation of this chapter and be subject to the provisions of section 54-2118 , Idaho Code. History: [54-2114, added 2000, ch. 122, sec. 9, p. 285; am. 2001, ch. 149, sec. 8, p. 541.]
54-2115
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2115. Grounds for discipline. The board may refuse to issue, renew or reinstate the license of a veterinarian, or may deny, revoke, suspend, sanction, reprimand, restrict, limit, place on probation or require voluntary surrender of the license of a veterinarian, and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with any licensed veterinarian pursuant to the procedures set forth in chapter 52, title 67 , Idaho Code, for any or all of the following reasons: (1) The employment of fraud, misrepresentation of a material fact or deception by an applicant or licensee in: (a) Securing or attempting to secure the issuance or renewal of a license; (b) Statements regarding the veterinarian’s skills or efficacy or value of any treatment provided or to be provided or using any false, fraudulent, misleading or deceptive statement connected with the practice of veterinary medicine including, but not limited to, false or misleading advertising; or (c) Participating in a breach of the North American veterinary licensing examination (NAVLE). The following activity is a violation and constitutes grounds for discipline under this subsection: (i) Written notification from the national board examination committee (NBEC), or its designee, that the NBEC has nullified the NAVLE score of the applicant or licensee because the applicant or licensee has admitted cheating or committing other improprieties in the taking, administering or processing of the NAVLE; or (ii) Written notification from the NBEC, or its designee, that the NBEC has obtained a court judgment against the applicant or licensee after proving allegations that the applicant or licensee cheated or committed other improprieties in the taking, administering or processing of the NAVLE. (2) Unethical or unprofessional conduct, as defined by section 54-2103 , Idaho Code, and as established by the rules of the board. (3) Being found guilty, convicted, placed on probation, having entered a guilty plea that is accepted by the court, forfeiture of bail, bond or collateral deposited to secure a defendant’s appearance, or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following: (a) Any felony as defined in chapter 1, title 18 , Idaho Code; (b) Any other criminal act that in any way is related to the practice of veterinary medicine as defined by section 54-2103 , Idaho Code; or (c) Any violation of any federal or state statute, rule or regulation regulating narcotics, dangerous drugs or controlled substances. (4) Medical incompetence in the practice of veterinary medicine as defined by section 54-2103 , Idaho Code. (5) Physical or mental incompetence in the practice of veterinary medicine as defined in section 54-2103 , Idaho Code. (6) Malpractice or negligence in the practice of
54-2115A
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2115A. maximum time periods for suspension, revocation and reapplication. The board is authorized to enter an order that suspends or revokes an existing license or certification based upon a violation of the provisions of chapter 21, title 54 , Idaho Code, or a board rule, for a maximum period of ten (10) years. In the event the board enters an order that denies an application for licensure or certification, the board is authorized to impose a restriction on reapplication for a maximum period of up to ten (10) years. History: [54-2115A, added 2011, ch. 93, sec. 1, p. 202.]
54-2116
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2116. Judicial review. Any party aggrieved by a decision of the board may seek judicial review of the decision pursuant to the administrative procedure act, chapter 52, title 67 , Idaho Code. History: [(54-2116) 1971, ch. 173, sec. 14, p. 812; 1990, redesignated, ch. 111, sec. 14, p. 233; am. 1993, ch. 216, sec. 76, p. 654; am. 1995, ch. 62, sec. 10, p. 155; am. and redesignated 2000, ch. 122, sec. 11, p. 287.]
54-2117
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2117. Relicensing and reinstatement. Any person whose license is suspended or revoked may, at the discretion of the board, be relicensed or reinstated at any time with or without an examination, by majority vote of the board on written application made to the board showing cause justifying relicensing or reinstatement. In reinstating a license which has been suspended or revoked under section 54-2115 , Idaho Code, the board may impose terms and conditions to be followed by the licensee after the license has been reinstated. The authority of the board to impose terms and conditions includes, but is not limited to, the following: (1) Requiring the licensee to obtain additional professional training and to pass an examination upon completion of the training. (2) Requiring the licensee to pass an oral, written, practical or clinical examination, or any combination thereof to determine present fitness to engage in the practice of veterinary medicine. (3) Restricting or limiting the extent, scope, or type of practice of the licensee. (4) Requiring the licensee to obtain professional counseling and undergo and maintain treatment and testing for alcohol or drug related problems. History: [(54-2117) 1971, ch. 173, sec. 15, p. 812; am. 1983, ch. 139, sec. 15, p. 345; 1990, am. and redesignated, ch. 111, sec. 15, p. 233; am. 1995, ch. 62, sec. 11, p. 155; am. and redesignated 2000, ch. 122, sec. 12, p. 287.]
54-2118
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2118. Violations of chapter — Remedies and penalties. In addition to the disciplinary actions set forth in section 54-2115 , Idaho Code: (1) Administrative actions. (a) Any person violating the provisions of this chapter, or violating a board rule, may be fined by the board or its duly authorized agent not more than five thousand dollars ($5,000) for each offense; provided that each act on each day of violation shall constitute a separate offense. Imposition of a fine may be made in conjunction with any other board administrative action. No fine may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If a person fined fails to fully pay the fine, investigatory expenses or reasonable paralegal and attorney’s fees, the board may recover such amount by action in the appropriate district court. Any assessment for costs and attorney’s fees incurred in the investigation and prosecution or defense of a person under this chapter shall be governed by the provisions of section 12-117 (5), Idaho Code. (b) The board may establish alternatives to formal disciplinary action for violations of this chapter or board rules that may include a practice remediation program to educate and remediate licensees and certificate holders as a result of practice deficiencies. An alternative to formal discipline may be offered by the board’s liaison officer to a licensee or certificate holder when the officer has determined, in the officer’s sound discretion, after consultation with and approval of the board president or vice president if the president is unavailable, that animal and public safety will not be compromised and the violation can most appropriately be resolved without formal discipline. To further the purposes of an alternative to discipline, it will be offered only by or through the liaison officer and, unless the person violates its terms, the full board will not be informed of the alternative to discipline or have to expressly approve its terms. An alternative to formal discipline shall not be available and may not be offered by the liaison officer in any of the following circumstances: (i) Within the preceding five (5) years, the person has been formally disciplined by the board or been the subject of an alternative to discipline under this subsection; (ii) The person is currently on probation by the board; (iii) The person is currently under investigation by the board for any other offense; (iv) Felony charges are pending against the person, or the person is the subject of a current criminal investigation involving allegations that, if verified, may reasonably be expected to affect the person’s qualifications or eligibility to remain licensed or certified under this chapter; or (v) The act or omission committed by the person: 1. Caused significant harm to an animal; 2. Created a substantial risk like
54-2119
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2119. Administration and enforcement of chapter. This chapter shall be administered by the board. History: [(54-2119) 1971, ch. 173, sec. 17, p. 812; am. 1974, ch. 13, sec. 156, p. 138; am. 1983, ch. 139, sec. 17, p. 346; 1990, redesignated, ch. 111, sec. 17, p. 234; am. and redesignated 2000, ch. 122, sec. 14, p. 289.]
54-2120
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2120. Attorney general’s office to advise and represent. The attorney general’s office of the state of Idaho shall represent the board and shall give opinions on all questions of law arising out of the administration of the laws which it shall administer, and to act for, and on behalf of the board in all actions brought for or against it under the provisions of this chapter, or as otherwise provided by law. History: [(54-2120) 1983, ch. 139, sec. 18, p. 346; 1990, redesignated, ch. 111, sec. 18, p. 234; am. and redesignated 2000, ch. 122, sec. 15, p. 289.]
54-2121
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 21 VETERINARIANS 54-2121. occupational licenses fund — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected pursuant to this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. History: 54-2121 added 2021, ch. 224, sec. 56, p. 681.]