|
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 State's web site at: https://elicense.ohio.gov/oh_filecomplaint
The
complainant may file the complaint anonymously. However, as a
result of the anonymity, it may make it difficult to conduct a
thorough investigation without the ability to contact you.
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 remains confidential. Identifying information
related to the practitioner and the veterinary facility are redacted
prior to the Board members' review.
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 fees, boarding/grooming facilities,
breeders, "bedside manner", refusal to provide a prescription,
business practices or attempts to collect a debt.
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:
- Close the
case due to no violation of law and rules;
- Direct
the board staff to obtain the medical records, statement of
the licensee implicated, and any other documentation; or
- Pursue
further investigation which may entail interviews, inspections,
etc
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/radiograph or submitted 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 affording the
licensee due process rights in accordance with the law (Section
119 ORC). 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 or the Board members. Please keep in mind that the complainant
may be issued a subpoena and be required to testify. In the event
that a request for a hearing is not 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.
If the hearing
is presented before a Hearing Officer, 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.
If the hearing
is presented before the Board members only, a transcript is taken
by a court reported and after hearing all evidence, the Board
members go into Deliberative Session to discuss the matter. Once
out of Deliberative Session, the Board issues their Adjudication
Order which is subject to appeal in the Court of Common Pleas.
Disposition
of cases and any disciplinary action taken are posted in the Board
minutes. Discipline of a licensee will also appear in the License
verification system.
Revised
September 2018
|
