Veterinarians and veterinary technicians in Nevada can lose their licenses for committing malpractice, criminal behavior, or other unprofessional conduct. Meanwhile, practicing veterinary medicine without a current and valid license carries up to four years in Nevada State Prison – even if no harm comes to any animal.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. How does the Nevada State Board of Veterinary Medical Examiners work?
- 2. Will a criminal record keep me from getting a vet license?
- 3. What are the grounds for discipline against vets in Nevada?
- 4. What if someone makes a complaint to the Vet Board?
- 5. What types of discipline can the Vet Board impose?
- 6. Can I go to jail for practicing veterinary medicine without a license in Nevada?
1. How does the Nevada State Board of Veterinary Medical Examiners work?
The Nevada State Board of Veterinary Medical Examiners (“Vet Board”) is the government association responsible for:
- granting licenses to veterinarians (“vets”), veterinarian technicians (“vet techs”), and euthanasia technicians;
- investigating complaints from the public; and
- levying discipline against license-holders
The Vet Board consists of eight Nevada Governor appointees:
- 6 veterinarians,
- 1 veterinary technician,
- 1 person to represent the public who is not a vet, vet tech, or euthanasia technician
A quorum (at least five) of the Vet Board meets about four times each year. They publish the minutes from their meetings online.1
2. Will my criminal record keep me from getting a vet license?
Having a criminal record is not an absolute bar to becoming a veterinarian in Nevada. However, the Board may deny aspiring vets a license for having been convicted of:
- any drug crime;
- any offense involving moral turpitude; or
- any felony related to the practice of veterinary medicine.2
Note that vet techs can be denied a license for lacking “good moral character.” Depending on the case, the Board can presume applicants lack a “good moral character” based on a past criminal record.3
Regarding euthanasia technicians, Nevada law is very clear: The Vet Board will not grant euthanasia tech licenses to people with felony convictions.4
2.1. Do I have to tell the Vet Board about my sealed criminal records?
Consult with an employment law attorney about your options. If the Board specifically asks if you have any sealed records, it is usually a good idea to be honest. If they deny it but the Board finds out you lied, that could be grounds for disqualification.5
3. What are the grounds for discipline against vets in Nevada?
The Vet Board can discipline vets, vet techs, and euthanasia techs for any of the following 30 behaviors:
- a violation of a regulation adopted by the State Board of Pharmacy or the Vet Board;
- a drug or alcohol addiction;
- a drug crime conviction;
- a felony conviction related to the practice of veterinary medicine, or any offense involving moral turpitude;
- failure to pay child support;
- incompetence;
- negligence;
- being found liable for veterinary malpractice;
- willful failure to comply with any provision of NRS 638, a regulation, subpoena or order of the Vet Board, the standard of care established by the American Veterinary Medical Association, or an order of a court;
- prescribing, administering or dispensing a controlled substance to an animal to influence the outcome of a competitive event in which the animal is a competitor;
- willful failure to comply with a request by the Vet Board for medical records within 14 days after receipt of a demand letter issued by the Board;
- willful failure to accept service by mail or in person from the Vet Board;
- failure of a supervising veterinarian to provide immediate or direct supervision to licensed or unlicensed personnel if the failure results in malpractice or the death of an animal;
- failure of a supervising veterinarian to ensure that a licensed veterinarian is on the premises of a facility or agency when medical treatment is administered to an animal if the treatment requires direct or immediate supervision by a licensed veterinarian;
- fraud or misrepresentation to secure a license;
- conspiring to commit fraud, forgery or deception in connection with an examination for a license;
- swearing falsely in any testimony or affidavit relating to or in the course of the practice of veterinary medicine;
- engaging in any conduct likely to deceive, defraud or harm the public;
- claiming or implying professional superiority over other licensees;
- accepting money to cure permanently a manifestly incurable disease;
- participating in an agreement with other veterinarians or licensees of a facility or agency if the agreement is to split fees or provide rebates in connection with the referral of a client, and the client has not been informed of the agreement;
- allowing one’s name to be used as a veterinarian or as a veterinary technician by another person who is not licensed or permitted to practice in Nevada;
- having professional association with or employing any person claiming to be a veterinarian or veterinary technician unlawfully;
- failure to report, within 30 days, the revocation of a license to practice veterinary medicine or as a veterinary technician in another state, territory or district of the United States on grounds other than nonpayment of a fee;
- failure of a licensee to maintain his or her facilities and premises in a clean and sanitary condition;
- failure to maintain records relating to the diagnosis, treatment and care of an animal;
- altering the records of an animal;
- making or filing a report which the licensee knows to be false;
- willful failure to report any dangerous, infectious or contagious disease or the results of any medical test as required by law; or
- willfully committing any inhumane or cruel act on any animal.6
4. What if someone makes a complaint to the Vet Board?
When the Nevada Vet Board receives a complaint about a licensee, it will notify them by mail and investigate the matter. As part of the investigation, the Vet Board may also
- issue subpoenas,
- request a search warrant from a magistrate,
- ask the licensee for relevant medical records, and/or
- schedule an examination of the animal(s) in question.
If the Vet Board reasonably believes that the vet or vet tech in the complaint may be incompetent, the Board can order them to submit to a mental or physical exam. The Vet Board must receive the results within 60 days of the order, and it can suspend the license of anyone who fails to submit to the exam.
If the Vet Board learns that an animal’s welfare is being threatened, it can immediately suspend the license of the responsible vet or vet tech. The Vet Board will then hold a hearing within 14 days to determine whether to extend the order.
Once the investigation is complete, the Board will determine whether there are grounds to impose disciplinary action (discussed below) or enter into a settlement agreement with the vet or vet tech.7
5. What types of discipline can the Vet Board impose?
If the Nevada Vet Board finds by a preponderance of the evidence that a vet or vet tech engaged in a prohibited practice, it may either:
- suspend, revoke, or refuse to renew or issue a license;
- issue a fine up to $10,000 for each disciplinary violation;
- impose probation with reasonable conditions;
- administer a public reprimand;
- limit the licensee’s practice; and/or
- require a competency exam or a mental or physical exam.
Disciplinary actions are public records, and licensees can demand a judicial review of any disciplinary actions against them.
Note that violations regarding recordkeeping, continuing education or facility inspections can be dealt with through a nondisciplinary letter of correction.
Also, note that the Vet Board has the authority to issue citations to licensees with
- an order of abatement or
- an order to pay an administrative fine of up to $5,000 for each NRS 638 violation.8
6. Can I go to jail for practicing veterinary medicine without a license in Nevada?
Yes. Practicing as a vet without a license is a category D felony in Nevada. This carries:
- 1 – 4 years in Nevada State Prison, and
- up to $5,000, and
- victim restitution
Meanwhile, practicing as a vet tech without a license is a gross misdemeanor, carrying:
- up to 364 days in jail, and/or
- up to $2,000 in fines
Otherwise, violating any NRS 638 provision is a misdemeanor. This carries:
- up to 6 months in jail, and/or
- up to $1,000 in fines9
Learn about Nevada licensing laws re.
- doctors
- dentists
- contractors
- real estate brokers
- attorneys
- accountants
- social workers
- nurses
- teachers
- psychologists
- cannabis workers
Legal References:
- NRS 638.020. NRS 638.060.
- NRS 638.100. NRS 638.140.
- NRS 638.122.
- NRS 638.116.
- NRS 638.1402.
- NRS 638.140. NRS 638.1402. NRS 638.1404. NRS 638.1406. NRS 638.1408. NRS 638.1409.
- NRS 638.1413; NRS 638.1416; NRS 638.1419; NRS 638.142; NRS 638.1423; NRS 638.1429; NRS 638.144; NRS 638.1445.
- NRS 638.145; NRS 638.147; NRS 638.1471; NRS 638.148. Gilman v. Nev. State Bd. of Veterinary Med. Examiners (Nev. 2004) 89 P.3d 1000.
- NRS 638.1525; NRS 638.153; NRS 638.170.