OHIO
VETERINARY MEDICAL LICENSING BOARD
COMPLAINT & INVESTIGATION PROCESS
Section
4741.26 of the Ohio Revised Code requires the Ohio Veterinary
Medical Licensing Board to make investigations of valid written
complaints which violate the laws and rules governing the practice
of veterinary medicine.
How
to file a complaint:
By law, the Board must receive the complaint in writing. The complaint
form can be found on the Board's web site at: www.ovmlb.ohio.gov
or requested to be mailed by calling 614-644-5281. The complaint
form can be returned to The Ohio Veterinary Medical Licensing
Board, 77 South High St., 16th Floor, Columbus, OH 43215-6108.
Please include copies of any relevant documentation with your
complaint.
The
complainant may file the complaint anonymously. However, as a
result of the anonymity, feedback will not be provided and it
may make it difficult to conduct a thorough investigation.
The
complaint process:
To
maintain confidentiality and to ensure that every complaint brought
to the Board's attention is reviewed, each complaint is assigned
a case number upon receipt. After the Board office receives your
complaint, you will receive written confirmation from the Board
that your complaint was received. However, all information related
to the Board investigation is required by law to remain confidential.
Please
note that the Board only has the legal authority to investigate
cases that indicate there has been a violation of the law or rules
governing the practice of veterinary medicine. For instance, the
Board does not have jurisdiction over money matters between a
veterinarian and a consumer.
If
it is determined that the Board has jurisdiction of a complaint,
the Board will then make one of the following determinations of
the complaint:
Do
not contact an individual board member about your complaint. If
you contact a board member about your complaint, the board member
must excuse himself/herself from any discussion and/or vote on
your complaint.
After
the investigative report/medical record/document is reviewed by
the board members, the board will determine whether there is a
violation of the law and rules governing veterinary medicine and
take appropriate action if necessary. If the Board makes a motion
to charge the licensee for a violation and it is approved, a notice
of such will be sent to the licensee. The licensee will have 30
days in which to request a hearing.
The
hearing process:
If
a hearing is requested, a hearing is scheduled before a Hearing
Officer. Both sides will be provided an opportunity to present
their case, evidence and witnesses. Please keep in mind that the
complainant may be issued a subpoena and be required to testify.
In
the event that there is no request for a hearing received within
the 30-day period, the Board may schedule a hearing to present
evidence and witnesses, citing Goldman v. State Medical Board
of Ohio (1996), 110 Ohio App.3d 124, 673 N.E.2d 677.
After
the hearing, the Hearing Officer issues a Report and Recommendation
to the Board. A copy of the Report and Recommendation is also
sent to the licensee. The licensee is given 10 days from the receipt
of the Report and Recommendation to submit any objections. The
Board then reviews the Report and Recommendation and any objections
filed by the licensee and either approves, disapproves or modifies
the Report and Recommendation. The Board decides on the appropriate
disciplinary action and issues an Adjudication Order. The Adjudication
Order may be appealed in the Court of Common Pleas of the licensee's
county of residence or business.