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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
or faxed to 614-644-9038. 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 without the ability
to contact you.
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 remains confidential. Identifying information related
to the practitioner and the veterinary facility are redacted prior to the Board
members' review. 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.
-
Close
the case due to no violation of law and rules; -
Direct
the board staff to obtain the medical records, statement of the licensee implicated,
and any other documentation; or -
Pursue
further investigation which may entail interviews, inspections, etc. 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. Please
keep in mind that the complainant may be issued a subpoena and be required to
testify. In the event that a request for a hearing is not 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. Disposition
of cases and any disciplinary action taken are posted on the Board's web site
and in the Board minutes.
Please
Note: All cases are redacted of veterinarian or veterinary
facility identifying information prior to providing to the Board
members for deliberation
Revised July 2009
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