Summary of the Complaint
Process
The
General Statues of North Carolina established the North Carolina Veterinary
Medical Board for the purpose of regulating the practice of veterinary medicine
and surgery.
The
General Statues along with the Administrative Code establish protocols for the
review of complaints and set grounds for possible disciplinary action.
Complaints are filed against licensees of the Board rather than veterinary
practice facilities. The complaint protocols apply to licensed veterinarians,
registered veterinary technicians, applicants for examination, and faculty
certificate holders of this Board. Complaints cannot be accepted anonymously, by fax, or telephone calls.
Types of Complaints:
The Board investigates
complaints concerning the practice of veterinary medicine and the standard of
care provided by a licensee of the Board and includes, but not limited to:
Incompetence
Malpractice
Fraud
Gross negligence
Misrepresentation
Fee
Issues:
The Veterinary Practice Act
does not address the issue of fees. Therefore, the Board has no authority
concerning fees or the jurisdiction to settle monetary disputes.
Monetary disputes would be
handled thought the courts.
Contract Disputes:
The
Veterinary Practice Act does not address contract disputes, therefore these
types of disputes are generally not within the jurisdiction of the Board.
Filing a Complaint
A letter of complaint should be typed and mailed to:
North Carolina Veterinary Medical Board
P. O. Box 37549
Raleigh, N. C. 27627
It should be noted that complaints cannot be accepted anonymously, by fax,
or telephone calls. A formal complaint is serious, the process takes time and
may require that all parties travel to a meeting of the Board and provide
testimony under oath.
The letter of complaint
needs to include the following information:
1) You must provie the name(s) of the accused
individual(s) whom the complaint is to be file against.
2) Name(s) of any veterinarians
or veterinary practices that may have more information or medical records
concerning the pet.
3) Detailed account of the
complaint/situation, including pets name, age, and breed.
4) Copies of any documentation(s)
or information pertaining to the complaint.
5) Remember to provide a
mailing address, and telephone number(s) should the Board need to contact
you.
Procedure for
Investigation and Review of Complaints
A copy
of the letter of complaint is forwarded by certified mail to the accused
individual for a response.
They
are given 20 days from the time they receive the letter of complaint to respond
in writing.
A copy
of the accused individual written response is then forwarded to the
complainant.
If the accused individuals response does not address
the concerns of the complainant, the complainant is required, within 20 days
and in writing to the Board office,
request
that the committee proceed with the review of the complaint.
Should
the complainant not reply, to the accused individuals response, the Committee
on Investigation could dismiss the complaint.
When the final complainant reply is received, the
Board staff will then forward the complaint information packet to the Committee
on Investigations for review.
This
committee is made up of three Board Members, one of which serves as the committees
chairperson.
After
the complaint is reviewed, the Committee on Investigations relays its findings
during the next meeting of the full Board.
The Attorney for the Board prepares all letters that
summarize the findings of the Committee of Investigation. These prepared
summaries are mailed to all parties.
It
should be noted that some complaints may need to be continued until the next
meeting of the Committee on Investigations.
Complaints
may be continued because more information is needed, lack of requested documents,
etc. All parties are informed of this continuation by the Board, in writing.
Possible Actions by the
Board
Dismissal
of the Complaint
Issue a
Letter of Caution
Issue a
Letter of Reprimand
Suspension
of Licensee to practice veterinary medicine in North Carolina
Dismissed Complaints
The Committee on Investigations can dismiss a
complaint when it
Determines that no probable cause exists.
Lacks the jurisdiction to proceed.
Lacks a response from person that made the complaint.
A Letter of Dismissal is prepared by the Boards Attorney
and mailed to all parties. A record of the Letter of Dismissal shall be maintained
in the Board office
Letter of Caution
A Letter of Caution may be issued when no probable cause
is found, but it is determined by the Committee on Investigations that the
conduct of the accused individual is not in accordance with
Accepted professional practice.
May be the subject of discipline if
continued or repeated.
A Letter of
Caution will be prepared by the Boards Attorney and mailed to all parties.
A record of the Letter of Caution shall be maintained in the Board office.
Letter of Reprimand
When probable cause is found, but it is determined that
a disciplinary administrative hearing is not warranted, the Committee on Investigations
can issue a Letter of Reprimand to be sent to the accused individual. The
Letter of Reprimand is prepared by the Boards Attorney and mailed to all parties.
Acceptance of Reprimand: If the Letter of Reprimand is accepted by the
accused individual, a record of the Letter of Reprimand shall be maintained in
the Board office.
Refusal of Reprimand: The
accused individual has 15 days to refuse the Letter of Reprimand from the date
received. A written refusal and request for a hearing should be addressed to
the Committee on Investigations and filed with the Executive Director of the
Board. This is pursuant to Chapter 150B of the North Carolina General Statutes,
Title 21, Chapter 66 of the North Carolina Administrative Code. Legal counsel
for the Board shall prepare and file such Notice of Hearing.
Administrative Hearing
When
disciplinary action is refused by the licensee and probable cause was found,
the Attorney for the Board will file a Notice of Hearing. All parties involved in
the complaint are informed and must travel to a meeting of the Board, to
provide testimony under oath. Hearings procedures are similar to a court of
Law.
Method of Notice: The Board shall give notice to all parties of a Notice of Hearing in
mail the delivery date on the return receipt, shall
be the date served.
Notification Deadline: The Board shall give the party or parties in a contested
case a Notice of Hearing, no less than 15 days before the hearing.
Suspension of License/ Registration
If the
Board determines that public health, safety or welfare, requires such action,
the Board may issue an order suspending a license or registration. The Board’s
Attorney will prepare the order requiring the licensee or registrant
to immediately cease the practice veterinary medicine in North Carolina.
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Click Here to Download a Copy of Complaint Summary
Contact the North Carolina Veterinary
Medical Board at
P.O. Box 37549
Raleigh, N. C. 27627
(919) 854-5601