2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 2 - VETERINARY TECHNICIANS (§§ 12-315-201 — 12-315-210) › Section 12-315-207 - [Effective until 8/7/2024] Discipline of a registered veterinary technician - repeal

(1)
Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in accordance with section
12-315-113
. After a hearing, and by a concurrence of a majority of members, the board may take disciplinary action as authorized in section
12-20-404
against an applicant for a registration or a registered veterinary technician for any of the following reasons:
(a)
Violation of any provision of this article 315, an applicable provision of article 20 or 30 of this title 12, or any rule or order of the board;
(b)
(I)
Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a registration or renewing a registration;
(II)
(A)
Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a provisional registration or renewing a provisional registration.
(B)
This subsection (1)(b)(II) is repealed, effective October 1, 2028.
(c)
Conviction of a charge of cruelty to animals;
(d)
Willfully making any false statement as to any material matter in any oath or affidavit that is required by this article 315;
(e)
Unprofessional or unethical conduct or engaging in practices that are in violation of generally accepted standards for practice as a veterinary technician or prescribed by the rules of the board;
(f)
The veterinary technician:
(I)
Has a registration or credential as a veterinary technician in another state revoked or suspended;
(II)
Is otherwise disciplined by another state; or
(III)
Has committed acts in another state that would subject the person to disciplinary action in this state;
(g)
Practicing as a veterinary technician while in inactive status or while the person's registration is expired;
(h)
Failing to notify the board within thirty days after a disciplinary action, whether in this state or in another state, against the person's credential that allows the person to hold a registration in this state;
(i)
Conviction of a violation of the "Uniform Controlled Substances Act of 2013", article
18
of title
18
; the federal "Controlled Substances Act",
21 U.S.C. sec. 801
et seq., as amended; or the federal "Controlled Substances Import and Export Act",
21 U.S.C. sec. 951
et seq., as amended;
(j)
Conviction of a crime in the courts of this state or of a crime in any other state, any territory, or any other country for an offense related to the conduct regulated by this part 2, regardless of whether the sentence is deferred. As used in this subsection (1)(j), "conviction" includes a plea of guilty or a plea of nolo contendere accepted by the court.
(k)
Habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section
18-18-102 (5)
;
(l)
A determination that the individual is mentally incompetent by a court of competent jurisdiction, and the court has entered, pursuant to part 3 or 4 of article
14
of title
15
or section
27-65-110 (4)
or
27-65-127
, an order specifically finding that the mental incompetency is of such a degree that the individual is incapable of continuing to hold a registration as a veterinary technician;
(m)
Failing to report a known violation of any provision of this section;
(n)
Practicing or performing services beyond a registrant's scope of competence;
(o)
Failing to respond to a complaint against the registrant;
(p)
Failing to provide to the board an updated mailing address and other contact information as required by the board within thirty days after a change in the information; or
(q)
Failing to comply with the terms agreed to under a confidential agreement entered into under sections
12-30-108
and
12-315-125
.
(2)
The board may send a letter of admonition to a registrant under the circumstances specified in and in accordance with section
12-20-404 (4)
.
(3)
The board may send a confidential letter of concern to the registrant under the circumstances specified in section
12-20-404 (5)
.
(4)
The record of conviction of a felony in a court of competent jurisdiction is sufficient evidence for the board to take disciplinary action against the registrant as deemed proper by the board. For the purposes of this part 2, a conviction is deemed to be a conviction that has been upheld by the highest appellate court having jurisdiction or a conviction upon which the time for filing an appeal has passed.
(5)
With respect to denying the issuance of a veterinary technician registration or taking disciplinary action against a veterinary technician, the board may accept as prima facie evidence of grounds for the action any federal or state action taken against a veterinary technician in another jurisdiction if the violation that prompted the disciplinary action in the jurisdiction would constitute grounds for disciplinary action under this section.
(6)
In addition to any other penalty that may be imposed pursuant to this section, a person violating any provision of this part 2 or any rules promulgated pursuant to this part 2 may be fined not less than one hundred dollars nor more than one thousand dollars for any such violation.
(7)
The board may issue cease-and-desist orders under the circumstances and in accordance with section
12-20-405
; except that the board may also issue a cease-and-desist order on its own motion.
(8)
The board may suspend the registration of a veterinary technician who fails to comply with an order of the board issued in accordance with this section. The board may impose the registration suspension until the registrant complies with the board's order.
Added by 2022 Ch. 442, § 21, eff. 8/10/2022.
2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.