Anatomy of a licensing board investigation (Proceedings)

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Anatomy of a licensing board investigation (Proceedings)

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Nov 01, 2009

One of the key tenets of a self-governed profession is the requirement of the members of the profession to regulate and, when warranted, sanction its own members who might engage in conduct which is unprofessional and adverse to the public interest. All veterinarians in throughout North America are governed by their own state or provincial licensing bodies which have a mandate to regulate the profession including taking appropriate investigative and disciplinary action. Having one's conduct reviewed by one's own peer group can be a stressful and worrisome time; hopefully, understanding the process that is undertaken and recognizing that there are protocols established to ensure the fairness of the proceeding may serve to relieve some of the anxiety.

Investigation

State and provincial statutes permit the licensing boards and regulatory authorities to initiate an investigation into the conduct of a veterinary practitioner in the event that the board becomes aware of allegations of inappropriate conduct. In addition, investigations can be commenced as a result to a formal, written complaint by a client or other member of the public about the conduct of a veterinarian; most typically, written complaints are dealt with initially at the complaints committee or peer review committee of the state or provincial organization after the practitioner has had an opportunity to respond, in writing, to the allegations that have been levelled against him or her. In most cases, the decision of the complaints committee or peer review committee is such that no further action is required; however, in more serious cases (particularly those demonstrating allegations of serious malpractice or dishonesty), the review may be referred to the state licensing board or disciplinary panel of the provincial body for a full hearing.

As a licensed member of the veterinary medical assocaition, the veterinarian must co-operate with the investigation and provide copies of all relevant documents necessary to conduct same. As well, the veterinarian has a professional obligation to respond to inquiries made by the licensing body in a timely manner.

Disclosure

Rules of administrative fairness require the regulatory authority to provide full disclosure to the veterinarian under scrutiny of all of the allegations and the evidence supporting the allegations, including any expert witness reports, well in advance of a disciplinary hearing. In the event that the veterinarian wishes to contradict any evidence by way of his or her own expert's report, then such report must be provided to the prosecution in advance of a hearing as well. The failure to provide full and frank disclosure of all of the material evidence could lead to a dismissal of the case.