The Arkansas Lawyer Spring 2022

Page 36

The Arkansas Veterinary Medical Examining Board

By Regina Young

T

Regina Young is an attorney at Wright Lindsey Jennings in Little Rock. She frequently represents veterinarians in matters before the Arkansas Veterinary Medical Examining Board. She is pictured with her dog Nellie.

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The Arkansas Lawyer

www.arkbar.com

he practice of veterinary medicine in Arkansas is regulated by the laws established in the Arkansas Veterinary Medical Practice Act (“the Act”).1 The Arkansas Veterinary Medical Examining Board, which is commonly referred to as the Vet Board, is the state agency that administers the veterinary statutes in the Act. The Vet Board is responsible for determining the qualifications and fitness of applicants to practice veterinary medicine, and its primary activities include administration of the Written State Jurisprudence Exam to qualified veterinary applicants; granting and annual review of all veterinary licenses and veterinary technician certificates; monitoring of mandatory continuing education requirements of licensed veterinarians; and the investigation of complaints from the general public alleging violations of the Act and Regulations. Previously a stand-alone state board, the Vet Board was placed under the umbrella of the Arkansas Department of Agriculture as part of the large-scale reorganization of Arkansas state government under the Transformation and Efficiencies Act of 2019. The Vet Board operates under the leadership of its director, Cara Tharp, and consists of five board members—four licensed veterinarians and one member of the public—appointed by the Governor to serve terms of five years each. Consistent with the Act, the Vet Board accepts written public complaints against veterinarians and veterinary technicians that are made within one year of the alleged violation. Veterinarians and technicians receive notice of the complaint and are provided an opportunity to respond. Many retain legal counsel for representation in responding to a complaint, and an optional license defense endorsement to a professional liability policy will pay for attorney’s fees to respond to a complaint against a veterinarian. The Vet Board’s complaint committee—which consists of the director, one board member, and the Board’s attorney—reviews every public complaint and makes a written recommendation about the complaint to the full board. The recommendation, which is redacted to protect the identity of the complaint and licensee, is typically to dismiss, offer a consent agreement to the licensee, or conduct a disciplinary hearing on the complaint. After the complainant committee presents its recommendation, the Board discusses each complaint and votes on the complaint committee’s recommendation. According to Tharp, most public complaints involve allegations of incompetence, gross negligence, or other malpractice on the part of the veterinarian. It is not unusual for the Board to make a finding that while the


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