North Dakota Administrative Code Title 87 - Veterinary Medical Examiners, Board of
North Dakota Administrative Code (NDAC)
Title 87 — Veterinary Medical Examiners, Board of
Overview
Title 87 of the North Dakota Administrative Code governs the Board of Veterinary Medical Examiners (often called the Veterinary Board or Board of Veterinary Medical Examiners). This Board is the state regulatory authority responsible for licensing, regulating, and disciplining veterinary medical professionals in North Dakota.
The Title sets out the rules and regulations concerning:
Licensing requirements for veterinarians and veterinary technicians
Procedures for examinations and renewals
Continuing education requirements
Professional conduct standards
Disciplinary actions and hearings
Fees associated with licensing and board processes
Key Provisions of NDAC Title 87
1. Licensing and Examination
To practice veterinary medicine in North Dakota, individuals must be licensed by the Board.
Licensing requirements typically include:
Graduation from an accredited veterinary school
Passing the North American Veterinary Licensing Examination (NAVLE)
Completion of any required state-specific examinations
The Board establishes procedures for application, renewal, and reinstatement of licenses.
Veterinary technicians must also be registered or licensed as per Board rules.
2. Continuing Education
Veterinarians and veterinary technicians are required to complete a set number of continuing education (CE) hours to maintain licensure.
CE ensures that practitioners stay current with advances in veterinary medicine and uphold professional standards.
3. Professional Conduct and Discipline
Title 87 outlines professional standards of practice, including ethical requirements.
The Board can investigate complaints of malpractice, negligence, fraud, or unethical conduct.
Disciplinary measures may include license suspension, revocation, probation, or fines.
Procedures for hearings and appeals are specified to ensure due process.
4. Fees and Administrative Procedures
The code sets forth fees for application, licensing, renewal, and disciplinary hearings.
It also establishes procedural rules for meetings, records maintenance, and public access.
Relevant Case Law Involving the North Dakota Veterinary Medical Examiners Board
Though there are fewer widely cited cases specifically about North Dakota’s Veterinary Medical Board compared to other boards, here are some general principles from case law involving veterinary licensing boards or similar professional regulatory agencies in North Dakota or comparable jurisdictions. These cases illustrate how courts interpret the authority and procedures of such boards:
1. Board’s Authority to Discipline Licensees
Courts generally uphold the broad authority of state licensing boards to regulate their professions to protect public health and safety.
For example, if a veterinarian is found to have engaged in malpractice or unethical conduct, the Board’s disciplinary actions are entitled to deference, so long as the Board follows procedural due process.
2. Due Process in Disciplinary Hearings
Courts emphasize that licensees must be afforded notice, an opportunity to be heard, and a fair hearing before disciplinary sanctions are imposed.
For instance, in North Dakota cases involving professional licensing boards, if a veterinarian challenges a disciplinary action, the court reviews whether the Board complied with these procedural protections.
Failure to provide adequate notice or a chance to present evidence can lead to reversal of Board decisions.
3. Scope of Practice and Regulatory Oversight
Cases often address whether certain practices fall within the legal scope of veterinary medicine.
The Board is authorized to define and enforce scope of practice boundaries.
For example, if a person practices veterinary medicine without a license, the Board can issue cease and desist orders.
Courts support this authority as necessary to protect the public.
4. Judicial Review of Board Decisions
Decisions by the Board can be appealed to state courts.
Courts review Board decisions under a standard of reasonableness or substantial evidence.
The court will not substitute its judgment for the Board’s but will ensure the decision is supported by facts and law.
Arbitrary or capricious actions by the Board can be overturned.
Summary
| Aspect | Details |
|---|---|
| Governing Authority | ND Administrative Code Title 87 |
| Board Responsibilities | Licensing, regulation, discipline of veterinary professionals |
| Key Rules | Licensure, exams, continuing education, discipline procedures |
| Legal Principles | Due process in disciplinary hearings; authority to regulate profession; judicial review standards |
| Case Law Themes | Board authority upheld if process fair and supported by evidence |
Example Hypothetical Application
Suppose a licensed veterinarian in North Dakota is accused of negligence leading to harm to an animal. The Board initiates an investigation and holds a disciplinary hearing under Title 87 rules. The veterinarian is notified of charges, allowed to present evidence and witnesses, but ultimately the Board suspends the license for 6 months.
If the veterinarian appeals, the court will examine whether the Board followed the procedural rules of Title 87, gave proper notice, and whether the evidence supports the suspension. If all procedural safeguards were met and evidence supports the findings, the court will uphold the Board’s decision.
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