Massachusetts Vet Complaint: Board of Registration in Veterinary Medicine
Massachusetts License Defense Attorney · Professional License Defense
Veterinarians in Boston practice in a demanding setting. There are neighborhood general practices, busy emergency hospitals, and specialty centers such as Angell Animal Medical Center in Jamaica Plain. Pet owners are engaged and informed, and when an animal has a bad outcome, an owner may file a complaint with the Board of Registration in Veterinary Medicine.
This guide explains the rules the Board applies, the issues behind most veterinary complaints, and how a complaint moves from investigation to a possible hearing and court review. Start with this rule. The Board’s regulations require you to respond to Board communications within 30 days. Get a lawyer promptly so your response is careful, complete and on time.
The Board and the law it applies
The Board of Registration in Veterinary Medicine has four veterinarian members and one public member (G.L. c. 13, § 26). It serves within the Division of Occupational Licensure (DOL). The licensing statute is G.L. c. 112, §§ 54–60, and the Board’s regulations are at 256 CMR. The rules that matter most in complaint cases are the practice standards in 256 CMR 5.00 and the Code of Professional Conduct in 256 CMR 7.00.
After notice and a hearing, the Board may suspend or revoke a license for causes listed in G.L. c. 112, § 59. They include:
- fraud or deception in obtaining a license;
- a felony conviction;
- chronic inebriety or habitual use of drugs;
- a conviction under narcotics laws;
- false or misleading advertising;
- conduct reflecting unfavorably on the profession;
- a conviction for cruelty to animals;
- failing to keep the office or hospital clean and sanitary; and
- failing to properly supervise a person practicing under the veterinarian’s supervision.
The general discipline statute for DOL boards adds other grounds, including gross misconduct, practicing beyond the scope of the license, gross incompetence, negligence on one or more occasions, and violating any Board rule (G.L. c. 112, § 61).
Common complaint issues for Boston veterinarians
Standard of care after a bad outcome
A complaint may follow a missed diagnosis, a surgical complication, or a second opinion from a specialist. A licensee’s practice must conform to currently accepted professional and scientific standards, such as the AVMA Principles. A licensee may not practice in a way that endangers the patient, perform procedures that exceed the animal’s needs, or offer services outside his or her training, experience or competence (256 CMR 7.01). Whether your care met the standard is often a question for another veterinarian, so an independent expert review can be important.
Consent
Before sedation, general anesthesia, surgery, euthanasia, or a post-mortem examination, you must have the written or witnessed verbal consent of the owner or another authorized person. The same is true before disposing of the body of an animal that dies in your care, housing an animal when 24-hour care is not available, or transporting an animal to another facility, unless an emergency prevents it (256 CMR 7.01(2)(i)). When an owner says “no one told me,” your consent documentation often decides the case.
Medical records
Records must be legible and show who wrote them. They must include the presenting complaint, history, exam findings, the plan, the basis for any tentative diagnosis, treatments, medications, client communications, and any waivers or deferrals of recommended care. Original records and images must be kept for four years after the last contact with the animal. Owners are entitled to copies on request, and records may not be withheld because a balance is unpaid (256 CMR 5.01). Never alter or add to a record after a complaint is filed.
Drugs and controlled substances
Controlled substances may be dispensed or prescribed only in the course of professional practice, after a genuine veterinarian-client-patient relationship has been established (256 CMR 7.01(2)(e)). Drugs must be dispensed or prescribed in accordance with the pharmacy board’s rules, and only for specific animals and specific medical problems. On request, you must provide prescription information to an outside pharmacy or a written prescription to the client (256 CMR 5.02). You must notify the Board within ten days of any suspension, revocation or surrender of your DEA certificate or DPH controlled substances registration, any criminal conviction, or discipline in another jurisdiction (256 CMR 7.01(2)(h)).
Fees, billing and client relations
A fee dispute alone is usually a business matter, but the Code of Professional Conduct does reach billing and client relations. Licensees must bill accurately and truthfully. They may not refuse to return an animal because the owner has not paid, except as the boarding lien statute allows. They may not verbally abuse or harass clients (256 CMR 7.01(2)(a), (4)(d), (4)(l)).
Supervising technicians and staff
A licensee may not let a veterinary technician or assistant diagnose an animal, by phone or otherwise. Except as the regulations permit, technicians and assistants may practice veterinary medicine only under the supervision of a licensed veterinarian on the premises (256 CMR 7.01(4)(f)–(g)).
How a complaint moves through the process
1. Intake and investigation
Complaints against DOL board licensees go to the Division, which may open a complaint and investigate in coordination with the Board. The statute also directs the Board to investigate complaints of violations of § 59, which covers both illegal practice and the causes for discipline, and to report violations to the proper prosecuting officers (G.L. c. 112, § 57). Expect requests for the animal’s complete record, imaging, lab results, consent forms, and controlled substance logs.
2. Your response: 30 days, not silence
You may have read that you have “10 days to notify the Board that you have hired an attorney” and that silence is protected once you have a lawyer. Neither is right. No statute or regulation we have found creates a 10-day attorney-notice rule. No regulation requires it, but many Board letters ask you to tell the Board within 10 days whether you will be represented by an attorney. If your letter does, follow it. The Board’s Code of Professional Conduct requires licensees to cooperate promptly with any reasonable Board request and to respond to any communication from the Board or its agents within 30 days (256 CMR 7.01(2)(d)). A failure to respond can become its own violation.
Call a lawyer as soon as the letter arrives. Your attorney will contact the investigator, organize the records, consider whether an expert review would help, and prepare a written response that is filed on time. In a formal proceeding, an attorney appears by filing a written notice of appearance (801 CMR 1.01(3)(b)). Do not contact the complaining owner to argue about the care.
3. Investigative conference and settlement
Boards may hold investigative conferences before an Order to Show Cause issues, and may meet to discuss a negotiated settlement. Those meetings are not open meetings (G.L. c. 112, § 65C). A DOL board may discipline a licensee after a consent agreement or after an opportunity for an adjudicatory hearing under Chapter 30A (G.L. c. 112, § 61). The terms of any agreement deserve careful negotiation.
4. Order to Show Cause and hearing
Formal proceedings usually begin with an Order to Show Cause. The hearing is governed by Chapter 30A and the Standard Adjudicatory Rules (801 CMR 1.00), and the notice must say whether the formal or informal rules apply (801 CMR 1.01(1)). Under the formal rules, unless a statute or agency rule provides otherwise, the answer is due within 21 days of receipt (801 CMR 1.01(6)(d)). Licensees who do not answer risk a decision by default.
At the hearing, you may call and examine witnesses, introduce exhibits, cross-examine the witnesses against you, and present rebuttal evidence (G.L. c. 30A, § 11). Expert testimony from another veterinarian is often central. If a presiding officer other than the Board hears the evidence, he or she issues a tentative decision. The parties may object, and the Board then issues the final decision (801 CMR 1.01(11)).
5. Possible outcomes
Under G.L. c. 112, § 61, a DOL board may:
- Suspend, revoke, cancel, decline to renew, or place the license on probation;
- Reprimand or censure the licensee;
- Assess a civil administrative penalty of up to $100 for a first violation, $500 for a second, $1,500 for a third, and $2,500 for a fourth or later violation; and
- Require additional education or training, supervised practice, or participation in an alcohol or drug rehabilitation program.
6. Court review
A veterinarian whose license has been suspended, revoked or cancelled may petition the Supreme Judicial Court for review under G.L. c. 112, § 64, under the standards of G.L. c. 30A, § 14(7). The court will not stay the suspension or revocation before it decides the case. Talk to counsel immediately after any adverse decision.
What to do if you receive a complaint
- Calendar the response deadline. The regulations require a response within 30 days. Call a lawyer the same day.
- Do not ignore the Board. Respond on time, through counsel.
- Secure the complete record, including imaging, lab reports, consent forms, call logs, and controlled substance records. Do not alter anything.
- Do not contact the owner to argue about the care or the complaint.
- Tell your practice owner or medical director as your employment terms require, and notify your professional liability carrier if your policy requires it.
- Check your reporting duties, including the ten-day notice rule for DEA or DPH registration actions and criminal convictions.
Frequently Asked Questions
What is the correct name of the Massachusetts veterinary board?
It is the Board of Registration in Veterinary Medicine. It is established by G.L. c. 13, § 26, serves within the Division of Occupational Licensure, and applies G.L. c. 112, §§ 54–60 and its regulations at 256 CMR.
How long do I have to respond to the Board?
The Board’s Code of Professional Conduct requires licensees to respond to any communication from the Board or its agents within 30 days (256 CMR 7.01(2)(d)). We have found no rule requiring you to notify the Board within 10 days that you hired an attorney. No regulation requires it, but many Board letters ask you to tell the Board within 10 days whether you will be represented by an attorney. If your letter does, follow it. Have your attorney prepare and file your response on time.
Can I refuse to give the owner a copy of the records until the bill is paid?
No. Under 256 CMR 5.01, owners are entitled to copies of the medical record and images on request. You may charge a reasonable copying fee, but you may not withhold the records because of an outstanding balance.
What sanctions can the Board impose?
By consent agreement or after an opportunity for a hearing, the Board may suspend, revoke, decline to renew, or place a license on probation, reprimand or censure, impose civil administrative penalties of $100 to $2,500 depending on the number of violations, and require education, supervised practice, or a rehabilitation program.
Can I appeal a suspension or revocation?
Yes. A licensee whose license is suspended, revoked or cancelled may petition the Supreme Judicial Court for review under G.L. c. 112, § 64. The court will not stay the sanction before it rules.
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About the Author
Richard Alan Gaudet, Esq. is an experienced administrative law practitioner in Massachusetts who represents licensed professionals in board investigations, responses and hearings. He has been a respiratory therapist since 2005 and a registered nurse since 2010. He earned his J.D. in 2020 and was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts in 2021. He is a member of the Massachusetts Bar Association. Law Offices of Richard Alan Gaudet, LLC, 35 Village Rd., Ste 100, Middleton, MA 01949. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.