2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 33. VETERINARIANS › Subchapter II. Veterinarians › § 3316. Grounds for discipline; procedure.

§ 3316. Grounds for discipline; procedure.
(a) A veterinarian licensed under this subchapter shall be subject to disciplinary sanctions set forth in § 3317 of this title, if, after a hearing, the Board finds that the veterinarian has:
(1) Been found guilty of unprofessional conduct as defined in the Board's rules and regulations;
(2) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinarian; has impersonated another person holding a license, or allowed another person to use that practitioner's license, or aided or abetted a person not licensed as a veterinarian to represent himself or herself as a veterinarian;
(3) Illegally, incompetently or negligently practiced veterinary medicine;
(4) Been convicted of any crime that is substantially related to the practice veterinary medicine or any offense that would limit the ability of the licensee to carry out the licensee's professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;
(5) Excessively used or abused drugs; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the licensee's ability to perform the work of a veterinarian;
(6) Engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;
(7) Wilfully violated any privileged communication;
(8) Been fraudulent or dishonest in the application or reporting of any test for disease in animals;
(9) Failed to keep that applicant's veterinary premises and equipment in clean and sanitary condition;
(10) Failed to report, as required by law, or has made a false report of any contagious or infectious disease;
(11) Been dishonest or negligent in the inspection of foodstuffs, or in the issuance of health or inspection certificates;
(12) Been cruel to animals;
(13) Violated a lawful provision of this chapter, or any lawful regulation established thereunder;
(14) Had that applicant's license as a veterinarian suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a veterinarian in this State shall be deemed to have given consent to the release of this information by the Board of Veterinarians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(15) Failed to notify the Board that the applicant's license as a veterinarian in another State has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.
(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee's right to practice veterinary medicine shall be limited by the Board until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. 1953, §  3311;  57 Del. Laws, c. 178;  63 Del. Laws, c. 460, §  11;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 207, §  31;  74 Del. Laws, c. 262, §  71;  75 Del. Laws, c. 295, §  26;