W. Va. Code R. § 26-3-8 - Registered Veterinary Technician Disciplinary Action

8.1. The Board may deny, suspend or revoke a registration, impose a civil penalty, place a person's registration on probation, reprimand a registrant, refuse to examine an applicant or issue a registration or renew a registration, as provided by law and as provided in these rules if it finds an applicant or registrant:

8.1.1. Has presented to the Board false or fraudulent evidence of qualification or has been found to be guilty of fraud or deception in the process of examination, or for the purpose of securing a registration;

8.1.2. Is chronically or habitually intoxicated, has a chemical dependency or is addicted to drugs;

8.1.3. Has engaged in dishonest, unethical, or illegal practices in or connected with the practice of veterinary technology, or has been convicted of a misdemeanor related to the practice of veterinary technology or animal abuse or neglect;

8.1.4. Has been convicted of a felony under the laws of the State of West Virginia or any other state or jurisdiction of the United States or of the federal government of the United States;

8.1.5. Has engaged in practices or conduct in connection with the practice of veterinary technology which violate the standards of professional conduct as established by the Board;

8.1.6. Has permitted or allowed another to use his or her authorization to practice veterinary technology in this or any other state;

8.1.7. Has committed fraud in the application or reporting of a test of animal disease;

8.1.8. Has received any kickback for referring a client to another provider of veterinary services or goods;

8.1.9. Has performed unnecessary or unauthorized treatment;

8.1.10. Has been convicted of cruelty to animals;

8.1.11. Has committed an act or acts of unprofessional conduct;

8.1.12. Has committed gross malpractice or is guilty of a pattern of acts indicating consistent malpractice, negligence, incompetence in the practice of veterinary technology;

8.1.13. Has received disciplinary action in another jurisdiction, including the suspension, probation or revocation of a registration as a veterinary technician issued by another jurisdiction;

8.1.14. Has represented himself or herself as a specialist without completing the process of certification in a recognized veterinary technician specialty area.

8.2. The Board may also suspend or revoke the registration of a registrant who is found to be mentally incompetent by a court of competent jurisdiction. If the registrant is later determined to be mentally competent by a court, the Board may reinstate the registration.

8.3. On conviction of or determination of conviction of a person registered by the Board of any felony, the Board may, after an administrative hearing in which the facts of conviction are determined, suspend or revoke the person's registration. The Board may not reinstate or reissue a registration to a person whose registration is suspended or revoked under this section except on an express determination of the Board based on substantial evidence contained in an investigative report, indicating that the reinstatement or reissuance of the registration is in the best interests of the public and of the person whose registration has been suspended or revoked.

8.4. If a person violates this rule in a manner that constitutes grounds for disciplinary action by the Board, the Board may assess the costs of the investigation, hearing, hearing examiner, legal fees and all other reasonable and necessary costs incurred by or on behalf of the Board to the veterinary technician who was the subject of the disciplinary action.

Notes

W. Va. Code R. § 26-3-8