17-101-305. Veterinarians — Denial, suspension, or revocation of license.

17-101-305. Veterinarians — Denial, suspension, or revocation of license. (a) Upon written complaint by any person or on the Veterinary Medical Examining Board's own motion and after notice and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the board may deny, suspend for a definite period, or revoke the license of any veterinarian, and/or impose a civil penalty for: (1) Fraud, misrepresentation, or deception in obtaining a license or permit; (2) Adjudication of insanity; (3) Use of advertising or solicitation which is false, misleading, or otherwise deemed unprofessional under rules promulgated by the board; (4)(A) Conviction of a felony listed under § 17-3-102. (B) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence; (5) Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine; (6) Having professional association with or employing any person practicing veterinary medicine unlawfully; (7) Fraud or dishonesty in the application or reporting of any test for disease in animals; (8) Failure to maintain professional premises and equipment in a clean and sanitary condition in compliance with rules promulgated by the board; (9) Dishonesty or gross negligence in the inspection of foodstuffs or in the issuance of health or inspection certificates; (10) Cruelty to animals; (11) Unprofessional conduct by violation of a rule promulgated by the board under this chapter; (12) Being unable to practice as a veterinarian with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (13) Revocation, suspension, surrender, or other disciplinary sanction of a license to practice veterinary medicine by another state, territory, or district of the United States on grounds other than nonpayment of a registration fee or suspension of privileges by any other regulatory agency including the failure to report any such adverse action to the board within sixty (60) days of the final action; (14) The use, prescription, or sale of any veterinary prescription drug or the prescription of an extra-label use of any over-the-counter drug in the absence of a valid veterinarian-client-patient relationship; (15) Overtreating patients or charging for services which did not occur unless the services were contracted for in advance or for services which were not rendered or documented in the patient's records or charging for services which were not consented to by the owner of the patient or the owner's agent; (16)(A) Failing to furnish details of a patient's medical records to another treating veterinarian, hospital, clinic, owner, or owner's agent upon proper request or waiver by the owner or owner's agent or failing to comply with any other law relating to medical records. (B) However, X-rays prepared by the licensed veterinarian shall remain the property of the veterinarian and shall be returned upon request or as otherwise agreed between the veterinarian and client; (17) Failure of any applicant or licensee to cooperate with the board during any investigation, if the investigation does not concern the applicant or licensee; (18) Failure to comply with any subpoena or subpoena duces tecum from the board, or an order of the board; (19) Failure to timely pay license or registration renewal fees as specified in § 17-101-309; (20) Violating a probation agreement with the board or any other licensing authority of this state, another state or territory of the United States, or a federal agency; or (21) Violating any informal consent agreement for discipline entered into by an applicant or licensee with the board or any other licensing authority of this state, another state or territory of the United States, or a federal agency. (b) At the discretion of the board, any person whose license is suspended or revoked by the board under this section may be relicensed or reinstated by the board at any time upon written application to the board showing cause to justify relicensing or reinstatement. (c)(1) Upon suspension or revocation of a license, the actual license certificate must be surrendered to the board within thirty (30) days of the board's order unless the action is appealed and a stay is issued. (2) If the board prevails upon appeal or the stay is lifted, the license certificate shall be surrendered within ten (10) days of the final order of the court.