Veterinary Board’s Action Reversed

A Richmond Circuit Court reverses a finding by the Virginia Board of Veterinary Medicine that appellant veterinarian was guilty of unprofessional conduct as a result of performance of an incomplete spay operation on a dog.

On appeal, appellant argues the board’s final order is erroneous because there is not substantial evidence that appellant violated any state law, federal law or board regulations pertaining to the practice of veterinary medicine, that she practiced veterinary medicine in such a manner as to endanger the health and welfare of her patients or the public or that she is unable to practice with reasonable care or safety.

Paragraphs 7 and 8 of 18 VAC 15-20-140 allow the board to discipline a practitioner for practicing veterinary medicine in such a manner as to endanger the health and welfare of his patients or the public, and for performing surgery on animals not in accordance with accepted standards of practice. Here, the board found evidence of only one incident. There was no evidence of the endangerment of multiple patients, and there was no evidence of any endangerment to the public. The board could not have found substantial evidence to discipline appellant under 18 VAC 150-20-140(7). There was also no evidence that appellant performed surgery on multiple animals in a manner that fell below accepted standards of practice. The board could not have found substantial evidence to discipline appellant under 18 VAC 150-20-140(8). Paragraph  of the regulation and Va. Code § 54.1-3807(5) rely on finding a violation of another regulation or law; they cannot stand alone.

Here, the plain meaning of the regulations at issue clearly allows discipline only for a finding of endangerment of multiple patients, endangerment of the public or improper surgery on multiple animals. There was clearly not substantial evidence of any of these three situations in the record.

Because there was not substantial evidence in the agency record to support the agency decision under Va. Code § 2.2-4027, the final order of the Board of Veterinary Medicine issued June 3, 2013 is reversed and this action is dismissed with prejudice.

Leonard v. Va. Board of Veterinary Medicine (Snukals) No. CL 13-3254, Jan. 14, 2014; Richmond Cir.Ct.; John A. Conrad for appellant; Charis A. Mitchell, AAG. VLW 014-8-016, 4 pp.