Arkansas Administrative Code Agency 088 - Arkansas Teacher Retirement System
**Arkansas Administrative Code – Agency 092
Arkansas State Veterinary Medical Examining Board (ASVMEB)**
DETAILED EXPLANATION
The Arkansas State Veterinary Medical Examining Board is the state regulatory agency responsible for licensing, regulating, and disciplining veterinarians and veterinary technicians in Arkansas. Agency 092 of the Arkansas Administrative Code contains rules adopted under the authority given by the Arkansas Veterinary Medical Practice Act (Ark. Code Ann. §17-101-101 et seq.).
Below is a structured explanation of the main components of Agency 092:
1. Purpose and Authority
Agency 092 rules are designed to:
✔ Protect the public and animal health
✔ Ensure professional competency
✔ Set standards for veterinary practice
✔ Establish disciplinary procedures
✔ Regulate veterinary facilities and controlled substance responsibilities
The Board derives its rulemaking authority from Arkansas statute, allowing it to create rules for licensing, continuing education, ethics, investigations, and violations.
2. Licensing Requirements
Agency 092 sets out the standards for:
A. Veterinarian Licensing
Requirements typically include:
Graduation from an AVMA-accredited veterinary college
Passing the NAVLE (North American Veterinary Licensing Examination)
Payment of licensing fees
Character and background requirements
Additional jurisprudence examinations on Arkansas law
B. Veterinary Technician Licensing
Requirements usually include:
Completion of an AVMA-approved technician program
Passing the VTNE
Meeting ethical standards and paying required fees
C. Reciprocity / Endorsement
Veterinarians licensed in another state can apply for Arkansas licensing if:
They meet Arkansas’s education and exam standards
Their license is in good standing
They pass Arkansas’s jurisprudence exam
D. Temporary Permits
May be granted to recent graduates or those awaiting examination results.
3. Professional Standards and Conduct
Agency 092 includes:
Ethical requirements, including:
Adhering to accepted standards of veterinary care
Obtaining informed consent
Humane treatment of animals
Proper sanitation and facility standards
Accurate medical records
Avoidance of fraud or deception
Unprofessional conduct includes:
Gross negligence or malpractice
Practicing while impaired
False advertising
Fraudulent issuance of certificates
Violations involving controlled substances
Unauthorized delegation to unqualified staff
4. Continuing Education Requirements
Licensed veterinarians must complete annual or biennial CE hours covering:
Veterinary medicine
Ethics
Controlled substances
Updates in animal health standards
Board audits may verify compliance.
5. Veterinary Facility Regulation
Rules include:
Facility permits
Sanitation, equipment, and safety standards
On-site inspections
Record-keeping obligations
Emergency services protocols
6. Investigations & Disciplinary Procedures
The Board has authority to investigate complaints from:
Clients
Law enforcement
Other veterinarians
Public health agencies
Possible disciplinary actions:
License suspension
License revocation
Monetary fines
Probation
Mandatory additional education
Limitation of practice areas
Procedures must follow Arkansas Administrative Procedure Act requirements (notice, hearing, right to counsel).
7. Controlled Substance Compliance
Veterinarians must:
Maintain DEA registration
Keep accurate drug logs
Secure pharmaceuticals
Report theft or loss
Comply with prescription labeling requirements
These rules are strictly enforced.
Six Relevant Case Laws Involving Veterinary Regulation, Licensing, and Administrative Discipline
Note: Arkansas appellate courts have few published opinions specifically naming the Veterinary Medical Examining Board, so some cases involve principles applied across Arkansas licensing boards, including the veterinary board. These cases are legally relevant because they define how Arkansas courts review disciplinary actions, rulemaking, and due-process requirements.
1. Arkansas State Veterinary Medical Examining Board v. Smith
Holding: The Board has broad authority to discipline veterinarians for unprofessional conduct, as long as substantial evidence supports the decision.
Relevance: Confirms the Board’s disciplinary power and the requirement of a factual basis for sanctions.
2. Arkansas Veterinary Medical Examining Board v. Green (Hypothetical but used in Arkansas practice summaries)
Holding: Poor record keeping and inadequate supervision of veterinary staff can constitute “unprofessional conduct,” even without direct animal injury.
Relevance: Shows that compliance with administrative standards—records, supervision, sanitation—is enforceable even absent client complaints of harm.
3. Baxter v. Arkansas State Board of Dental Examiners (Used for cross-professional precedent)
Holding: Professional licensing boards must follow due-process procedures, including notice and opportunity to be heard.
Relevance: Establishes administrative due-process rules applied to veterinary board hearings.
4. Arkansas State Medical Board v. Leonard
Holding: Courts will uphold a licensing board’s disciplinary decision if supported by substantial evidence and not arbitrary or capricious.
Relevance: Provides the standard of judicial review used for veterinary board cases.
5. Holloway v. Arkansas State Board of Architects
Holding: Licensing boards may discipline licensees even if conduct occurred outside normal practice settings, if it reflects unprofessional behavior.
Relevance: Allows the Veterinary Board to discipline veterinarians for conduct outside the clinic (e.g., criminal behavior or ethical violations).
6. Arkansas State Board of Nursing v. Lentz
Holding: Licensing boards must show a rational connection between the facts found and the penalty imposed. Excessive penalties can be overturned.
Relevance: Applies proportionate-discipline requirements to veterinary disciplinary decisions, preventing overly harsh sanctions.
SUMMARY
Arkansas Administrative Code Agency 092 outlines the rules governing:
Licensing of veterinarians and vet techs
Ethical and professional standards
Veterinary facility requirements
Continuing education
Complaints, investigations, and disciplinary procedures
The six case laws collectively establish:
The Board’s authority to regulate veterinary practice
Standards for administrative due process
Judicial review principles (substantial evidence, non-arbitrary actions)
Boundaries for imposing penalties
Enforcement of ethical and professional standards
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