Chap. 515.—An ACT to amend the Code of Virginia by adding seven sections
numbered 1276-a through 1276-g dealing with qualifications for practice of
veterinary medicine, requisites for certificates, examinations, fees, power of
board to grant, refuse, suspend or revoke certificates, hearings and apneals
and to repeal Section 1276. [S 308]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding seven sections
numbered twelve hundred seventy-six-a, twelve hundred seventy-six-b,
twelve hundred seventy-six-c, twelve hundred seventy-six-d, twelve
hundred seventy-six-e, twelve hundred seventy-six-f, and twelve hundred
seventy-six-g as follows:

Section 1276-a. Board to examine qualified applicants—The board
shall at least once in each calendar year, and as often in addition thereto
as it may deem necessary, and at such place as it may prescribe, examine
all qualified persons making application to them for certificate to practice
veterinary medicine or surgery in this State and who shall not by the
provisions of this chapter be exempt from such examination, after due
none of the time and place of any such examination shall have been made
public.
Section 1276-b. Qualifications for examinations——No person shall
be qualified to be examined by the board for certificate to practice veter-
inary medicine or surgery in this State unless and until he shall have
delivered to the secretary of the board with a fee of twenty-five dollars,
a written application for a certificate on a form to be prescribed by the
board, together with proof satisfactory to the board that the applicant is
a citizen of the United States, is more than twenty-one years of age, is
of good moral character, has obtained a competent school education,
has received a diploma conferring the degree of veterinary medicine from
a veterinary college or university approved by the board, and has pursued
the study of veterinary medicine for at least three years including three
regular courses of lectures of at least six months each in different years
in a veterinary college or university approved by the board, prior to the
granting of the diploma, and such proof shall be made, if required, upon
the affidavit of the applicant.

Section 1276-c. Character of examination—Examinations for cer-
tificate to practice veterinary medicine or surgery shall be both theoretical
and practical and shall embrace such subjects as the board shall from
time to time prescribe and shall be written, oral or both as the board
may determine, in order to ascertain the efficiency of the applicant to
practice veterinary medicine and surgery in this State.

Section 1276-d. Certificates—-The board shall issue forthwith to
each applicant who shall pass such examination and who shall have been
adjudged duly qualified for the practice of veterinary medicine and surg-
ery in this State a certificate to that effect which shall be subscribed by the
president and secretary of the board and shall have affixed to it the seal
of the board. In case of failure at such examination, the applicant, after
the expiration of six months and within two years, shall have the
privilege of a second or third examination by the board without the pay-
ment of an additional fee.

Section 1276-e. Board may refuse, suspend or renew certificates ;
grounds.—The board may refuse to grant or may suspend or revoke a
certificate to practice veterinary medicine or surgery in this State upon
proof to the satisfaction of the board that the applicant for such certificate
or the holder thereof—(1) has been adjudicated insane; (2) habitually
uses drugs or intoxicants; (3) has been convicted of crime involving
moral turpitude; (4) has presented to the board any diploma, license or
certificate that has been illegally obtained or has been signed or issued
unlawfully or under fraudulent representations or obtains or has ob-
tained a certificate to practice in this State through fraud of any kind
or submits or has submitted to the board for any purpose a false affidavit ;
(5) has been guilty of employing unlicensed persons to perform work
which, under this chapter, can lawfully be done only by persons permitted
to practice veterinary medicine or surgery in this State; (6) has been
convicted of a violation of any Federal or State law relating to narcotic

drugs.

Section 1276-f. Hearings—Before any certificate to practice
veterinary medicine or surgery in this State shall be suspended or revok-
ed except in the case of convictions of crime involving moral turpitude or
convictions of violations of any Federal or State law relating to narcotic
drugs, the accused person shall be furnished with a copy of the complaint
and shall be given a hearing before the board in person or by attorney.
Any person whose certificate shall be so suspended or revoked shall be
deemed to be a person who is not permitted to practice veterinary medi-
cine or surgery in this State, and, as such, subject to the penalties pre-
scribed by section twelve hundred seventy-nine of the Code of Virginia
for violation of the provisions of this chapter. Any person whose certifi-
cate to practice veterinary medicine or surgery in this State shall be sus-
pended or revoked as herein provided may thereafter at any time, in the
discretion of the board, be granted a certificate to practice without exami-
nation, on application being made to the board.

Section 1276-g. Appeals from action of Board—Any person whose
certificate to practice veterinary medicine or surgery in this State has
been suspended or revoked pursuant to the provisions of this chapter shall
have an appeal from the action of the board at any time within sixty
days following such action by the board to any circuit or corporation court
having jurisdiction in the county or city wherein such person resides
for a review of the action of the board. Pending such appeal such person
shall not be permitted to practice veterinary medicine or surgery in
this State. The proceedings for review shall be begun by the
filing within such sixty days by such person in such court of
a petition reciting the facts and making the board party defend-
ant. In addition to service of process on the petition, which may be made
on any member of the board, a copy of the petition and all supporting
papers filed therewith shall, at the time of the filing thereof, be mailed
by registered mail with return receipt requested to the secretary of the
board. The judge of the court in which such petition is filed shall, without
the intervention of a jury, review the issue upon the record made on the
hearing before the board, but no hearing thereon shall be had before
such judge sooner than ten days following service of process and the
mailing to the secretary of the board of a copy of the petition as herein
provided. The burden of proof to establish his right to practice veterinary
medicine and surgery in this State shall be upon the person whose cer-
tificate to practice has been suspended or revoked. The Commonwealth’s
attorney for the county or corporation wherein such petition is filed
shall appear on behalf of the board and shall promptly file such answer
thereto as he deems proper on its behalf and shall defend its action before
the court. From the decision of the court thereon the petitioner and the
board shall have such right of appeal as is provided by law. for appeals
in cases in chancery.

2. Section twelve hundred seventy-six of the Code of Virginia is
repealed.