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49 Pa. Code § 31.39. Grounds for disciplinary proceedings.

§ 31.39. Grounds for disciplinary proceedings.

 (a)  The Board may suspend or revoke certification of a veterinary technician or otherwise discipline a certified veterinary technician or refuse to certify an applicant, or, upon certification, restrict the practice of an applicant who is found guilty by the Board or by a court of one or more of the following:

   (1)  Willful or repeated violations of the act or of § §  31.31—31.36 and 31.38.

   (2)  Fraud or deceit in procuring or attempting to procure certification or presenting to the Board dishonest or fraudulent evidence of qualifications, or fraud or deception in the process of examination for the purpose of securing certification.

   (3)  Fraud, deception, misrepresentation or dishonest or illegal practices in or connected with the person’s employment.

   (4)  Revocation, suspension or other discipline by another state of the certification of the person as an animal health technician or a veterinary technician on grounds similar to those which in this Commonwealth allow disciplinary proceedings, in which case the revocation, suspension or other discipline shall be conclusive evidence.

   (5)  Conviction of or plea of guilty or nolo contendere to a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780.101—780.144), in which case a certified copy of the court record shall be conclusive evidence.

   (6)  Conviction of a felony, a misdemeanor related to the profession or a crime of moral turpitude in the courts of this Commonwealth or of a state, territory or country which, if committed in this Commonwealth, would be deemed a felony, misdemeanor related to the profession or crime of moral turpitude and suspension, revocation or other discipline is in the best interest of the public health and the general safety and welfare of the public. A record of conviction in a court of competent jurisdiction shall be sufficient evidence for disciplinary action to be taken as may be deemed proper by the Board.

   (7)  Permitting or allowing another to use his certification.

   (8)  Addiction to the habitual use of intoxicating liquors, narcotics or stimulants to an extent that incapacitates the certified veterinary technician from the performance of professional obligations or duties.

 (b)  Certified veterinary technicians and veterinary assistants who deviate from the permitted scope of practice as set forth in §  31.31 (relating to scope of practice) will be subject to prosecution and the levying of a civil penalty by the Board under section 28(c) of the act (63 P.S. §  485.28(c)). Veterinarians who permit, order or direct certified veterinary technicians or veterinary assistants to perform duties which are not authorized by §  31.31 will be subject to disciplinary action by the Board under section 21 of the act (63 P.S. §  485.21).

 (c)  Disciplinary action by the Board will be taken only after a formal hearing has been held in accordance with the act.


   The provisions of this §  31.39 amended under sections 3(10)(viii), 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5 and 485.11).


   The provisions of this §  31.39 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (328729) to (328730) and (359637).

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