Section 811.10.6. Grounds for discipline.

Without regard as to whether the board has determined that an injury has occurred, the board may impose any of the disciplinary sanctions set forth in rule 10.7(17A,169,272C), including civil penalties in an amount not to exceed $10,000, when the board determines that the credential holder is guilty of any of the following acts or offenses:

       10.6(1) Grounds applicable to all credential holders.

        a.           Fraud in procuring a credential, which includes but is not limited to an intentional perversion of the truth in making application for a credential to practice any of the professions or activities regulated by the board in this state, and includes false representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a credential in this state, or attempting to file or filing with the board or the Iowa department of agriculture and land stewardship any false or forged diploma, certificate, affidavit, identification, or qualification in making an application for a credential in this state.

        b.           Credential holder professional incompetency. Professional incompetency of a credential holder may be established by:

       (1)             A substantial lack of knowledge or ability to discharge professional obligations within the scope of the credential holder's practice.

       (2)             A substantial deviation by the credential holder from the standards of learning or skill ordinarily possessed and applied by other credential holders acting in the same or similar circumstances.

       (3)             A willful or repeated departure from or the failure to conform to the minimal standards of acceptable and prevailing practice of credential holders.

       (4)             Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public.

        1.            Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession includes, but is not limited to, an intentional perversion of the truth, either orally or in writing, and includes any representation contrary to legal or equitable duty, trust or confidence and is deemed by the board to be contrary to good conscience, prejudicial to the public welfare or may operate to the injury of another.

        2.            Practice harmful or detrimental to the public includes, but is not limited to, the failure of a credential holder to possess and exercise that degree of skill, learning and care expected of a reasonable, prudent credential holder acting in the same or similar circumstances, including for a veterinarian a violation of the standards of practice as set out in 811—Chapter 12, or when a credential holder is unable to practice with reasonable skill and safety on a client’s animals as a result of a mental or physical impairment or chemical abuse.

       (5)             Habitual intoxication or addiction to the use of drugs, which includes, but is not limited to, the inability of a credential holder to practice with reasonable skill and safety by reason of the excessive use of alcohol, drugs, narcotics, chemicals or other types of material on a continuing basis, or the excessive use of alcohol, drugs, narcotics, chemicals or other types of material which may impair a credential holder's ability to practice with reasonable skill and safety. The board may require a credential holder's completion of a treatment program as a condition of probation or suspension, and shall consider the credential holder's willingness to complete a treatment program when determining the appropriate degree of disciplinary sanction.

       (6)             Conviction of a felony which is either of the following:

        1.            One that is related to the credential holder's profession or occupation; or

        2.            One that would affect the credential holder's ability to practice within the profession.

Conviction of a felony related to the profession or occupation of the credential holder or the conviction of any felony that would affect the credential holder's ability to practice within the profession includes, but is not limited to, the conviction of a public offense in the practice of the credential holder's profession which is defined or classified as a felony under state or federal law, or violation of a statute or law designated as a felony in this state, another state, or the United States, which statute or law relates to the credential holder's profession or conviction of a felonious act, which is so contrary to honesty, justice or good morals, and so reprehensible as to violate the public confidence and trust imposed upon a credential holder in this state. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

       (7)             Fraud in representations as to skill or ability, which includes but is not limited to a credential holder's having made misleading, deceptive or untrue representations as to the credential holder's competency to perform professional services for which the credential holder is not qualified to perform by training or experience.

       (8)             Use of untruthful or improbable statements in advertisements, which includes but is not limited to an action by a credential holder in making information or intention known to the public which is false, deceptive, misleading or promoted through fraud or misrepresentation and includes statements which may consist of, but not be limited to:

        1.            Inflated or unjustified expectations of favorable results;

        2.            Self-laudatory claims that imply that the credential holder engaged in a field or specialty of practice for which the credential holder is not qualified. A veterinarian is not qualified to claim or imply specialization unless the veterinarian is a member in good standing of the respective specialty board or college recognized by the AVMA;

        3.            Representations that are likely to cause the average person to misunderstand; or

        4.            Extravagant claims or claims of extraordinary skills not recognized by the credential holder's profession.

       (9)             Willful or repeated violations of the provisions of Iowa Code chapters 169 and 272C and rules promulgated thereunder by the board.

       (10)           Violating a statute or law of this state, another state, or the United States, without regard to its designation as either felony or misdemeanor, which statute or law relates to the practice of veterinary medicine.

       (11)           Failure to report a license, certificate, permit, or other credential revocation, suspension or other disciplinary action taken by a licensing or regulating authority of another state, territory or country within 30 days of the final action by such licensing or regulating authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, such report shall be expunged from the records of the board.

       (12)           Failure of a credential holder or an applicant for a credential in this state to report, within 30 days, any of the following:

        1.            Any settlement agreement or voluntary agreement to restrict the practice of veterinary medicine or other applicable activities entered into in another state, district, territory or country; or

        2.            Any adverse judgment in a malpractice action to which the credential holder is a party; or

        3.            Any settlement of a claim against the credential holder alleging malpractice.

       (13)           Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice veterinary medicine.

       (14)           Inability to perform duties for which a credential is required with reasonable skill and safety by reason of a mental or physical impairment.

       (15)           Violating a lawful order of the board previously entered by the board in a disciplinary hearing.

       (16)           Being adjudged mentally incompetent by a court of competent jurisdiction. Such adjudication shall automatically suspend a credential for the duration of the credential unless the board orders otherwise.

       (17)           Knowingly submitting a false report of continuing education or failure to submit the triennial report of continuing education.

       (18)           Failure to comply with a subpoena issued by the board.

       (19)           Willful or gross negligence.

       (20)           Obtaining any fee by fraud or misrepresentation.

       (21)           Violating any of the grounds for the revocation or suspension of a credential as listed in Iowa Code section 169.13 or these rules.

       (22)           Noncompliance with the college student aid commission in regard to repayment of student financial aid obligations. The board shall suspend or revoke a credential upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in Iowa Code chapter 261. In addition to the procedures contained therein, the following shall apply:

        1.            The notice required by Iowa Code section 261.126 shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or credential holder may accept service personally or through authorized counsel.

        2.            The effective date of revocation or suspension of a credential, as specified in the notice required by Iowa Code section 261.126, shall be 60 days following service of the notice upon the credential holder.

        3.            The board’s executive secretary is authorized to prepare and serve the notice required by Iowa Code section 261.126 and is directed to notify the credential holder that the credential will be suspended, unless the credential is already suspended on other grounds. In the event a credential is under suspension, the executive secretary shall notify the credential holder of the board’s intention to revoke the credential.

        4.            Credential holders shall keep the board informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 261.127, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.

        5.            All board fees required for renewal or reinstatement must be paid by the applicant or credential holder, and all continuing education requirements must be met before a credential will be renewed or reinstated after the board has denied the renewal or reinstatement of a credential pursuant to Iowa Code chapter 261.

        6.            In the event a credential holder timely files a district court action following service of a board notice pursuant to Iowa Code sections 261.126 and 261.127, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the renewal or reinstatement of a credential, the board shall count the number of days before the court action was disposed of by the court.

        7.            The board shall notify the credential holder in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a credential and shall similarly notify the applicant when the credential is reinstated following the board’s receipt of a withdrawal of the certificate of noncompliance.

       (23)           Having the person’s certificate, license, permit, or other credential revoked or suspended, or having any other disciplinary action taken by a licensing or regulating authority of another state, territory, country, or the United States Department of Agriculture (USDA), or having the veterinarian's USDA accreditation revoked, suspended or other disciplinary action taken against the accreditation. A certified copy of the record or order of suspension, revocation, or disciplinary action is conclusive evidence of the credential holder's having committed one of the following actions:

        1.            Permitting or directing any auxiliary personnel or any other person who does not hold the proper credentials to perform veterinary duties involving diagnosis, prescription or surgery, except as allowed pursuant to rule 811—8.5(169);

        2.            Permitting or directing any auxiliary personnel or any other person to perform any act which would be a legal or ethical violation if committed by a veterinarian;

        3.            Failing to comply with a lawful child support order as provided in 811—Chapter 13; or

        4.            Failing to pay any hearing fees and costs within the time specified in the board’s decision;

       10.6(2) Grounds applicable to licensed veterinarians only. In addition to the grounds set out in subrule 10.6(1), without regard as to whether the board has determined that injury has occurred, a licensed veterinarian is subject to disciplinary action for the violation of any of the following:

        a.           Engaging in unethical conduct which includes, but is not limited to, a violation of the standards of practice as set out in 811—Chapter 12, and which may include acts or offenses in violation of the AVMA Principles of Veterinary Medical Ethics.

        b.           Engaging in practice harmful or detrimental to the public which includes, but is not limited to, either of the following:

       (1)             The use of a rubber stamp to affix a signature to a prescription. A licensee who is unable, due to a physical disability, to make a written signature or mark may substitute in lieu of a signature a rubber stamp which is adopted by the disabled person for all purposes requiring a signature and which is affixed by the disabled person or affixed by another person upon the request of the disabled person and in the licensee’s presence.

       (2)             The practice of maintaining any presigned prescription which is intended to be completed and issued at a later time.

        c.           Willfully or repeatedly departing from, or failing to conform to, the minimal standard of acceptable and prevailing practice of veterinary medicine which includes, but is not limited to, a violation of the standards of practice as set out in 811—Chapter 12; or committing an act contrary to honesty, justice or good morals, whether the act is committed in the course of practice or otherwise, and whether the act is committed within or without this state, where such act substantially relates to the practice of veterinary medicine. It is not necessary for grounds to exist under this paragraph that actual injury to a patient be established.

        d.           Indiscriminately or promiscuously prescribing, administering or dispensing any drug; or prescribing, administering or dispensing any drug for other than a lawful purpose.

        e.           Negligently failing to exercise due care in the delegation of veterinary services to or in supervision of employees or other individuals, whether or not injury results.