HB 705 -- Practice of Veterinary Medicine

Sponsor:  Brown (149)

Currently, when anyone practices veterinary medicine without a
license, certificate, permit, or other authority the Missouri
Veterinary Medical Board within the Department of Insurance,
Financial Institutions and Professional Registration is
authorized to file for an injunction against the person in the
county in which the illegal practice occurred.  This bill
specifies that the person will be guilty of a class A misdemeanor
and allows the board to file a complaint against the person with
the Administrative Hearing Commission and initiate an
investigation.

The board may also issue a civil penalty or an order to cease and
desist from the practice.  A civil penalty cannot exceed $5,000
for each offense.  Each day of continued violation constitutes a
separate offense with a maximum penalty of $25,000.  Certain
considerations are specified in the bill for determining the
amount of the civil penalty to be imposed.

Payment of the civil penalty must be made within 60 days of the
filing of the order or, if the order is stayed pending appeal,
within 10 days of the final order.  If the penalty is not paid as
required, the board must notify the Attorney General who is to
commence an action to recover the amount of the penalty,
including attorney fees and costs, and a surcharge of 15% of the
penalty and 10% per annum on any amounts owed.

Any offer of settlement to resolve a civil penalty or a cease and
desist order must be in writing stating that an action for
imposition of a civil penalty or to cease and desist may be
initiated by the Attorney General on behalf of the board and
identifying the dollar amount or activities that the unlicensed
person is to cease and desist as an offer of settlement.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am