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.
D. Within fifteen (15) days of making its
decision as outlined in C, the complainant and respondent veterinarian will be
notified of the Board's decision.
E. If an informal hearing is scheduled, the
complainant and respondent veterinarian may present any documentation and
testify (not under oath) to present the facts of the case. At the conclusion of
the informal hearing, the Board will advise all parties of its decision within
fifteen (15) days. At an informal hearing if the Board feels some punitive
action is warranted, a formal hearing will be scheduled.
F. If a formal hearing is scheduled, a court
reporter will be supplied by the Board to record the proceedings. Either the
complainant or the respondent veterinarian may bring legal counsel. Witnesses
must testify under oath.
G. In
conformity with § 73-39-20 all hearings will be held in Jackson,
Mississippi.
H. If the respondent
veterinarian feels aggrieved by the decision of the Mississippi Board of
Veterinary Medicine, he or she may file an appeal with the Chancery Court in
Hinds County.
I. If the Board
elects to revoke the license of the respondent veterinarian, the Executive
Secretary of the Board shall notify the Circuit Clerk of the county wherein
such formerly licensed person's address of record with the Board is located
that the license has been revoked. The Circuit Clerk shall record the notice in
the book which he is required to keep under the provisions of §
73-39-17.
J. At the conclusion of a
formal hearing the Board may take one or more of the following actions:
1. Dismiss the complaint;
2. Revoke the respondent veterinarians
license;
3. Suspend the respondent
veterinarians license for a period of time without conditions;
4. Suspend the respondent veterinarian's
license for a period of time with conditions;
5. Place the respondent veterinarian's
license on probation;
6. Fine the
respondent veterinarian;
7.
Reprimand the respondent veterinarian.
K. While the Board has no regularly scheduled
meetings (except the June meeting), thereby making a standard of timeliness
difficult to establish, the Board adopts and will attempt to comply with the
following guidelines;
L.
EVENT
|
ACTION
|
TIME
|
Filing of Complaint
|
Preliminary Review
|
Next Board Meeting
|
Decision of Board after preliminary
consideration
|
Advising parties of decision
|
15 days
|
Decision of Board after informal
hearing
|
Advising parties of decision
|
15 days
|
Decision of Board after formal hearing
|
Advising parties of decision
|
30 days
|
Receipt by respondent veterinarian
|
Appeal of Board's decision
|
30 days
|