OHIO
VETERINARY MEDICAL LICENSING BOARD
COMPLAINT & INVESTIGATION PROCESS
Section
4741.26 of the Ohio Revised Code requires the Ohio Veterinary
Medical Licensing Board to make investigations of valid written
complaints which violate the laws and rules governing the practice
of veterinary medicine.
How
to file a complaint:
By
law, the Board must receive the complaint in writing. The complaint
form can be found on the Board's web site at: www.ovmlb.ohio.gov
or requested to be mailed by calling 614-644-5281. The complaint
form can be returned to The Ohio Veterinary Medical Licensing
Board, 77 South High St., 16th Floor, Columbus, OH 43215-6108.
Please include copies of any relevant documentation with your
complaint.
The
complainant may file the complaint anonymously. However, as
a result of the anonymity, it may make it difficult to conduct
a thorough investigation.
The
complaint process:
To
maintain confidentiality and to ensure that every complaint
brought to the Board's attention is reviewed, each complaint
is assigned a case number upon receipt. After the Board office
receives your complaint, you will receive written confirmation
from the Board that your complaint was received. However, all
information related to the Board investigation is required by
law to remain confidential.
Please
note that the Board only has the legal authority to investigate
cases that indicate there has been a violation of the law or
rules governing the practice of veterinary medicine. For instance,
the Board does not have jurisdiction over money matters between
a veterinarian and a consumer.
If
it is determined that the Board has jurisdiction of a complaint,
the Board will then make one of the following determinations
of the complaint:
Do
not contact an individual board member about your complaint.
If you contact a board member about your complaint, the board
member must excuse himself/herself from any discussion and/or
vote on your complaint.
After
the investigative report/medical record/document is reviewed
by the board members, the board will determine whether there
is a violation of the law and rules governing veterinary medicine
and take appropriate action if necessary. If the Board makes
a motion to charge the licensee for a violation and it is approved,
a notice of such will be sent to the licensee. The licensee
will have 30 days in which to request a hearing.
The
hearing process:
If
a hearing is requested, a hearing is scheduled before a Hearing
Officer. Both sides will be provided an opportunity to present
their case, evidence and witnesses. Please keep in mind that
the complainant may be issued a subpoena and be required to
testify.
In
the event that there is no request for a hearing received within
the 30-day period, the Board may schedule a hearing to present
evidence and witnesses, citing Goldman v. State Medical Board
of Ohio (1996), 110 Ohio App.3d 124, 673 N.E.2d 677.
After
the hearing, the Hearing Officer issues a Report and Recommendation
to the Board. A copy of the Report and Recommendation is also
sent to the licensee. The licensee is given 10 days from the
receipt of the Report and Recommendation to submit any objections.
The Board then reviews the Report and Recommendation and any
objections filed by the licensee and either approves, disapproves
or modifies the Report and Recommendation. The Board decides
on the appropriate disciplinary action and issues an Adjudication
Order. The Adjudication Order may be appealed in the Court of
Common Pleas of the licensee's county of residence or business.