Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1701 - The Mississippi Board of Veterinary Medicine established rules as follows with reference to the Mississippi Veterinary Practice Act of 2008 which was passed by the Mississippi House of Representatives and the Mississippi Senate and forwarded to and signed by the Governor › Chapter 4 - Procedures for Complaints and Hearings › Rule 30-1701-4.3 - The complaint and hearing process

Current through June 25, 2024
A. All complaints
				shall be filed on a form obtained from the Board's executive secretary or
				attorney. Complaints shall meet the criteria established on that
				form.
B. Upon receipt, the
				complaint will be forwarded to the Board's attorney who shall assign the
				complaint a docket number. All future documents relating to a particular case
				will make reference to that docket number and will be entered in a docket book.
				Docket books will be kept at the office of the Board's attorney and executive
				secretary.
C. The Board's attorney
				will present any complaints and supporting documentation received to the board
				at its next meeting. The Board will review all complaints. The standard by
				which the complaints shall by reviewed is the expected and reasonable standard
				of the profession. By that it is meant that a veterinarian must possess that
				reasonable degree of learning, skill and experience which ordinarily is
				possessed by others of the profession, and that a veterinarian must exercise
				reasonable and ordinary care and diligence in the exertion of this skill and
				the application of this knowledge, and exert one's best judgment as to the
				treatment of the case intrusted to the veterinarian- in short, a veterinarian
				is bound to bestow such reasonable and ordinary care, skill and diligence as
				veterinarians in good standing in the same neighborhood, in the same general
				line of practice, ordinarily have and exercise in like cases
After review, the Board shall make a preliminary
				  determination which shall be one of the following:
1. Dismiss the complaint; or
2. Request a response from the respondent
				veterinarian; or
3. Schedule an
				informal hearing; or
4. Schedule a
				formal hearing.
If a response is requested from the respondent veterinarian
				  the response will be considered at the next meeting of the Board, following the
				  initial presentation of the complaint. At that time the Board shall make one of
				  the determinations outlined above, i.e., 1, 3 or 4.
The initial review by the Board shall consist of a reading
				  of the sworn complaint of the complaining party, together with any relevant
				  documentation. This documentation may include medical records, pictures, bills
				  for services, autopsy reports, articles and any additional records submitted
				  and deemed relevant by the Board. If the respondent veterinarian is requested
				  to respond, specifically including office notes, test results and
				  x-rays.
The Board will dismiss all complaints which are frivolous or
				  which would not permit the Board to take any action under the Mississippi
				  Veterinary Practice Act. If no punitive action against a respondent
				  veterinarian is contemplated, but the Board feels a benefit would result to the
				  respondent veterinarian or the complainant, an informal hearing will be
				  scheduled. If the Board determines that the complaint is so severe that
				  punitive action against a respondent is possible or probable, the Board will
				  schedule a formal hearing.
In determining whether to dismiss a complaint or whether to
				  hold an informal or formal hearing, the Board will hold a formal hearing when
				  the preliminary review of the complaint and supporting documentation reveals
				  the existence of one of the grounds for revocation enumerated in §
				  79-39-19. Additionally, any report from the Department of Justice, Drug
				  Enforcement Agency or the United States Department of Agriculture, Animal Plant
				  Health Inspection Service or any other federal or state regulatory entity which
				  indicates the existence of one of the grounds enumerated in § 79-39-19
				  shall result in a formal hearing.