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

(1) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary technician program approved by the AVMA.

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

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

(4) Shall not have a criminal conviction record, or pending criminal charge relating to an offense that is substantially related to practice as a veterinary technician. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to 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)(4);

a.-d. [Repealed.]

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

(b) If the applicant receives an administrative penalty regarding that applicant’s practice as a veterinary technician, 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 are 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.

75 Del. Laws, c. 295, §  39;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 199, §  28;  78 Del. Laws, c. 44, §§  54, 55;  83 Del. Laws, c. 433, § 22;  84 Del. Laws, c. 232, § 10; 

(a) On 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 meets all of the following:

(1) Presents to the Board 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 § 3319(a)(3) through (5) of this title.

(2) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary program approved by the AVMA.

(3) Has achieved the passing score on the written standardized national examination designated by the Board under § 3306 of this title. This requirement does not apply to any applicant under this section who has continuously maintained a license in another state and graduated from an AVMA accredited school before 1990.

(b) The Board shall grant a license to an applicant who meets all of the following:

(1) Was previously licensed as a veterinary technician in this State.

(2) Has allowed the applicant’s license to lapse.

(3) Meets the continuing education requirements in the Board’s rules and regulations.

(c) On payment of the appropriate fee and on submission of an application, the Board shall issue a temporary license to a person who has applied for licensure as a veterinary technician under this subchapter and who is eligible to take the examination provided for in this subchapter. A temporary license is available to an applicant only with respect to the first application for licensure, and the applicant may only use the temporary license while under the supervision of a licensed veterinarian. A temporary license expires automatically if the applicant fails the examination or fails to sit for the examination at the earliest opportunity. If a temporary license is issued to an applicant for licensure by reciprocity, the temporary license expires automatically on written notice to the applicant by the Board that it proposes to deny the application. On expiration, the temporary license must be surrendered to the Board.

(d) 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 veterinary technician 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.

75 Del. Laws, c. 295, §  39;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 232, § 11; 

(a) A veterinary technician licensed under this subchapter shall be subject to disciplinary actions set forth in § 3322 of this title, if, after a hearing, the Board finds that the veterinary technician:

(1) Has been found guilty of unprofessional conduct as defined in the Board’s rules and regulations;

(2) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinary technician; has impersonated another person holding a license, or allowed another person to use that veterinary technician’s license, or aided or abetted a person not licensed as a veterinary technician to represent himself or herself as a veterinary technician;

(3) Has illegally, incompetently or negligently practiced as a veterinary technician;

(4) Has been convicted of any crime that is substantially related to the practice of veterinary medicine as determined by the Board 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 therefore;

(5) Has expressively 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 veterinary technician;

(6) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(7) Has wilfully violated any privileged communication;

(8) Has been cruel to animals;

(9) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;

(10) Has had that veterinary technician’s license as a veterinary technician 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 veterinary technician in this State shall be deemed to have given consent to the release of this information by the Board of Veterinary Technicians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(11) Has failed to notify the Board that the veterinary technician’s license as a veterinary technician 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 as a veterinary technician 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].

75 Del. Laws, c. 295, §  39;  70 Del. Laws, c. 186, §  1; 

(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 § 3321 of this title applies to a licensee regulated by this subchapter:

(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 a veterinary technician’s license;

(5) Permanently revoke a veterinary technician’s license; or

(6) Impose a monetary penalty not to exceed $500 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 chapter.

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions 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.

75 Del. Laws, c. 295, §  39;  79 Del. Laws, c. 213, §  2;  84 Del. Laws, c. 232, § 12; 

(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.

75 Del. Laws, c. 295, §  39;  84 Del. Laws, c. 232, § 13;