(a) An applicant who is applying for licensure as a veterinarian under this subchapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree of Doctor of Veterinary Medicine or its equivalent from a school or college accredited by the American Veterinary Medical Association, or if the applicant’s degree is not from an AVMA-accredited school or college, possess a certificate issued by a certifying Commission approved by the Delaware Board;

(2) Has achieved the passing score on the written standardized examination for veterinarians designated by the Board pursuant to § 3306 of this title.

(3) Has not had that applicant’s United States Drug Enforcement Administration (DEA) privileges restricted or revoked; or

(4) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public;

(5) Shall not have a criminal conviction record, or pending criminal charge relating to an offense that is substantially related to the practice of veterinary medicine. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(5).

a.-d. [Repealed.]

(6) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this subchapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed as a veterinarian.

(b) If the applicant receives an administrative penalty regarding that applicant’s practice of veterinary medicine, including a fine, formal reprimand, license suspension or revocation (except for a license revocation for nonpayment of a license renewal fee), or probationary limitation, or enters into a “consent agreement” which contains conditions placed by the Board or a veterinary medicine licensing board of another state on that applicant’s professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding the administrative penalty or consent agreement to the Board. The Board may, after a hearing or review of documentation, determine that the administrative penalty or consent agreement is grounds to deny licensure.

(c) In the event the applicant has not taken the national examination designated by the Board pursuant to § 3306 of this title, the applicant shall sit for the latest examination at such times as determined by the testing service.

(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

24 Del. C. 1953, §  3305;  57 Del. Laws, c. 178;  63 Del. Laws, c. 460, §  5;  64 Del. Laws, c. 448, §  2;  68 Del. Laws, c. 332, §  1;  69 Del. Laws, c. 255, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 207, §  17;  74 Del. Laws, c. 262, §  70;  75 Del. Laws, c. 295, §§  20, 31-35;  75 Del. Laws, c. 436, §  37;  77 Del. Laws, c. 199, §  27;  78 Del. Laws, c. 44, §§  52, 53;  83 Del. Laws, c. 433, § 22;  84 Del. Laws, c. 232, § 5; 

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in “good standing ” in another state, the District of Columbia, or territory of the United States. A license in “good standing” is defined in § 3313(a)(3)-(6) of this title; and

(b) The applicant has passed the national examination designated by the Board pursuant to § 3306 of this title excluding the Clinical Competency Test prior to 1996, unless at the time the applicant became licensed in the State, District of Columbia, or territory of the United States, from which that applicant is applying, the national examination designated by the Board was/were not required by this State (in which case, the applicant need only present evidence of passing whatever national licensing examinations were required of entry level licensees in this State at that time).

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association must possess a certificate issued by a certifying commission approved by the Board.

(d) The Board shall grant a license to an applicant, who was previously licensed as a veterinarian in this State, and who has let that applicant’s license lapse, subject to the applicant’s meeting the requirements of subsection (a) of this section, and continuing education requirements as provided for in the Board’s rules and regulations.

(e) If a disciplinary proceeding or unresolved complaint is pending in this State or another state, the applicant may not be licensed in this State until the proceeding or complaint is resolved. An applicant for licensure as a veterinarian in this State is deemed to have given consent to the release of information related to the pending disciplinary proceeding or unresolved complaint, and to waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject.

24 Del. C. 1953, §  3307;  57 Del. Laws, c. 178;  63 Del. Laws, c. 460, §  7;  67 Del. Laws, c. 145, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 207, §  19;  75 Del. Laws, c. 295, §  22;  75 Del. Laws, c. 436, §  38;  84 Del. Laws, c. 232, § 6; 

(a) Upon payment of the appropriate fee and on submission of a written application on forms provided by the Board, the Board shall issue a temporary license to a person who has applied for licensure as a veterinarian under this subsection and who either is being considered for licensure under the reciprocity provision of this subchapter, or, is eligible to take the examination provided for in this subchapter. Such temporary license will be available to an applicant only with respect to the first application for licensure, and the applicant shall use the temporary license only while under the supervision of a licensed veterinarian. In all cases, such temporary license shall expire automatically if the applicant fails the examination or fails to sit for the same at the earliest opportunity. In all cases where a temporary license is issued to an applicant for licensure by reciprocity, such temporary license shall expire automatically upon written notice to the applicant by the Board that it proposes to deny such application. Upon expiration, the temporary license shall be surrendered to the Board.

(b) [Repealed.]

24 Del. C. 1953, §  3309;  57 Del. Laws, c. 178;  63 Del. Laws, c. 460, §  9;  64 Del. Laws, c. 163, §  1;  64 Del. Laws, c. 448, §§  4-9;  65 Del. Laws, c. 355, §  1;  67 Del. Laws, c. 145, §§  2-4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 207, §§  24-29;  75 Del. Laws, c. 295, §  36;  84 Del. Laws, c. 232, § 7; 

(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; 

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3316 of this title applies to a licensee regulated by this chapter:

(1) Issue a letter of reprimand;

(2) [Repealed.]

(3) Place a licensee on probationary status, and require the licensee to:

a. Report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or

c. Continue or renew professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(4) Suspend any licensee’s license;

(5) Permanently revoke a licensee’s license; or

(6) Impose a monetary penalty not to exceed $2,000 for each violation.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the licensee, the Board, after a hearing on the matter, may suspend or revoke the licensee’s license.

24 Del. C. 1953, §  3312;  57 Del. Laws, c. 178;  63 Del. Laws, c. 460, §  12;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 295, §  27;  79 Del. Laws, c. 213, §  2;  84 Del. Laws, c. 232, § 8; 

(a) It is unlawful for a person who is not licensed under this subchapter to use, in connection with the person’s name or business, or otherwise assume or use any title or description conveying or tending to convey the impression that the person is licensed under this subchapter.

(b) For a first offense, the court may impose a fine of not less than $500 nor more than $1,000 for each offense. For a second or subsequent offense, the court may impose a fine of not less than $1,000 nor more than $2,000 for each offense.

(c) The Justice of the Peace Court has jurisdiction over a violation of this subchapter.

24 Del. C. 1953, §  3314;  57 Del. Laws, c. 178;  63 Del. Laws, c. 460, §  14;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 207, §  33;  75 Del. Laws, c. 295, §  37;  84 Del. Laws, c. 232, § 9;