Sanctions for unauthorized practice of veterinary medicine

Updated October 2019

This is a summary of the statutory and regulatory provisions pertaining to the unauthorized practice of veterinary medicine across the 50 states. Note that there are four states with felony penalties for the unauthorized practice of veterinary medicine: Florida, Michigan, Nevada, and New York. The majority of states provide only a misdemeanor penalty for unauthorized practice and most states have provisions allowing for injunctions, cease and desist orders, and monetary fines.

Please contact the AVMA Division of State Advocacy for the actual text of any of the provisions.

State

Actions/Penalties

Alabama

  • Citation Issued
  • Misdemeanor
  • Upon conviction, a fine of less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or imprisoned for not more than 90 days, or both
  • Each act of unlawful practice shall constitute a distinct and separate offense
  • The person, in the discretion of the judge, may be imprisoned or placed at hard labor for not more than six months

Alaska

  • Citation Issued
  • Each day a violation continues after a citation for the violation has been issued constitutes a separate violation
  • Class B misdemeanor

Arizona

  • Issue a cease and desist order
  • Request the county attorney or attorney general to file criminal charges against the person
  • File an action in the superior court to enjoin the person from engaging in the unlicensed practice of veterinary medicine
  • After notice and an opportunity for a hearing, impose a civil penalty of not more than one thousand dollars ($1,000) for each violation

Arkansas

  • Misdemeanor
  • Upon conviction, a person shall be fined in any sum of not less than $50 nor more than $250 for each and every offense or imprisoned for a term of not less than six (6) months not more than one (1) year or shall be both fined and imprisoned in the discretion of the court
  • Each day of the unlawful practice shall constitute a separate offense
  • The Board of Veterinary Medicine may institute legal proceedings to enjoin the violation of the provisions of this chapter or the rules of the board in any court of competent jurisdiction, and the court may grant a temporary or permanent injunction restraining the violation thereof
  • Citation issued, such citation may contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of a civil penalty not to exceed five thousand dollars ($5,000)

California

  • Misdemeanor
  • Citation. Each citation may contain an order of abatement fixing a reasonable time for abatement and may contain an assessment of a civil penalty
  • In no event shall the civil penalty for each citation issued be assessed in an amount greater than five thousand dollars ($5,000)
  • Cease and desist order
  • Class "A" violation is subject to a civil penalty in an amount not less than two hundred and fifty dollars ($250) and not exceeding three thousand dollars ($3,000) for each citation
  • Class "B" violation is subject to a civil penalty in an amount not less than one thousand dollars ($1,000) and not exceeding four thousand dollars ($4,000) for each citation
  • Class "C" violation is subject to a civil penalty in an amount not less than two thousand dollars ($2,000) and not exceeding five thousand dollars ($5,000) for each citation

Colorado

  • Any person violating any provision of this article or any rules promulgated pursuant to this article may be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for any such violation
  • Cease and desist order

Connecticut

  • Assess a civil penalty of up to twenty-five thousand dollars ($25,000)
  • Fine of not less than three hundred dollars ($300) or imprisoned not more than six (6) months or both

Delaware

  • Cease and desist order by the Attorney General
  • Fine of not less than $500 nor more than $1,000 for each offense, and the offender shall pay all costs
  • Each day a violation continues shall constitute a separate offense

District of Columbia

  • Reprimand the veterinarian
  • Place the veterinarian on probation for a specified period
  • Impose limitations on the license of the veterinarian
  • Require a course of remediation approved by the Board

Florida

  • 3rd Degree Felony

Georgia

  • Misdemeanor
  • Each act of an unlawful practice shall constitute a distinct and separate offense
  • Upon being convicted a first time, fine of not more than $500.00 for each offense
  • Upon being convicted a second or subsequent time, fine of not more than $1,000.00 for each offense, imprisonment for not more than 12 months, or both such fine and imprisonment
  • Injunction

Hawaii

  • Fine of no more than $5,000 for each violation
  • Each day that the person is in violation shall be a separate violation

Idaho

  • Misdemeanor
  • Fine of not more than five thousand dollars ($5,000) for each offense
  • Fine not less than one hundred dollars ($100), nor more than ten thousand dollars ($10,000), or incarcerated for no more than one hundred eighty (180) days, or both fined and incarcerated
  • Each act on each day of violation shall constitute a separate offense
  • Alternative to formal discipline may require the licensee or certificate holder pay a monetary civil penalty to the board of up to one thousand dollars ($1,000) and pay all board investigative expenses and costs associated with the file
  • Enter an injunction restraining a person

Illinois

  • Civil penalty to the Department in an amount not to exceed ten thousand dollars ($10,000) for each offense

Indiana

  • Injunction

Iowa

  • Deemed fraudulent practice
  • Each act of such unlawful practice shall constitute a distinct and separate offense
  • Enjoin the practice

Kansas

  • Class B Non-Person Misdemeanor
  • Each act of such unlawful practice shall constitute a distinct and separate offense.
  • Cease and desist order
  • Citation and fine

Kentucky

  • Board of Veterinary Medicine may seek injunctive relief in Franklin Circuit Court to stop the unlawful practice of veterinary medicine by unlicensed persons

Louisiana

  • Misdemeanor
  • Upon conviction, a fine of no less than fifty dollars ($50) nor more than five hundred dollars ($500), or imprisoned for no more than ninety days (90), or both
  • Each act of such unlawful practice shall constitute a distinct and separate offense

Maine

  • Written Complaints - shall be in writing and filed with the Office of Licensing and Registration

Maryland

  • Fines up to $5,000 for a first offense
  • Fines up to $10,000 for a second or subsequent offense
  • Injunction

Massachusetts

  • Fine of not more than two hundred dollars ($200) or by imprisonment for not more than ninety days (90)
  • Fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or both, upon a subsequent conviction

Michigan

  • Felony

Minnesota

  • Gross Misdemeanor

Mississippi

  • Misdemeanor
  • Upon conviction, fine of no more than five hundred dollars ($500) nor less than one hundred dollars ($100) per violation
  • Each act of such unlawful practice constitutes a distinct and separate offense
  • Injunction

Missouri

  • Injunction, restraining order, or other order as may be appropriate to enjoin a person
  • Class A Misdemeanor
  • The unlawful practice of veterinary medicine shall be deemed a separate offense for each animal treated by any person engaged in such unlawful practice

Montana

  • Misdemeanor for each violation
  • Upon conviction, fine of no less than $200 or more than $500, or by imprisonment in the county jail for not less than 30 days or more than 6 months, or by both such fine and imprisonment
  • If convicted a second time, both fine and imprisonment are used
  • Injunction

Nebraska

  • Injunction
  • Class III Misdemeanor
  • Class II Misdemeanor for a second violation of any of the provisions of the act, for which another specific penalty is not expressly imposed

Nevada

  • Misdemeanor
  • Category D felony
  • Injunction

New Hampshire

  • Misdemeanor
  • Each act of such unlawful practice shall constitute a distinct and separate offense
  • Injunction
  • Civil penalties assessed by the board in the amount of $2,000 per violation, or, in the case of continuing violations, $200 for each day the violation continues, whichever is greater

New Jersey

  • Injunction
  • Civil penalty of not more than $10,000 for the first violation
  • Civil penalty of not more than $20,000 for the second and each subsequent violation
  • Each act in violation of any provision of an act or regulation administered by a board shall constitute a separate violation and shall be deemed a second or subsequent violation

New Mexico

  • Misdemeanor
  • Fine not to exceed five thousand dollars ($5,000)
  • Assess the person/entity for the administrative costs, including investigative costs and the cost of conducting a hearing
  • Injunction

New York

  • Class E Felony - Unauthorized practice
  • Class A Misdemeanor - Unauthorized use of a professional title

North Carolina

  • Class 1 Misdemeanor
  • Each act of such unlawful practice shall constitute a distinct and separate offense

North Dakota

  • Class B Misdemeanor
  • Injunction

Ohio

  • Second Degree Misdemeanor
  • First Degree Misdemeanor for each subsequent offense
  • Fine of not more than two thousand dollars ($2,000)

Oklahoma

  • Misdemeanor
  • Upon conviction, a fine of no less than Five Hundred Dollars ($500.00) or not more than Five Thousand Dollars ($5,000), or by imprisonment in the county jail for not less than six (6) months, or by both such fine and imprisonment

Oregon

  • Injunction
  • Class A Misdemeanor
  • Civil penalty not to exceed $5,000 for each violation

Pennsylvania

  • Third Degree Misdemeanor
  • Fine not to exceed one thousand dollars ($1,000) or to imprisonment for not more than six months, or both
  • Fine not to exceed two thousand dollars ($2,000) or imprisonment for a term of six months to one year, or both, for a second offense

Rhode Island

  • Misdemeanor
  • Upon conviction, fine not exceeding one thousand dollars ($1,000), or be imprisoned not exceeding three (3) years
  • Upon a subsequent conviction, fine not exceeding five thousand dollars ($5,000), nor be imprisoned not exceeding five (5) years, or be both fined and imprisoned

South Carolina

  • Restraining order
  • Injunction
  • Cease and desist

South Dakota

  • Class 2 Misdemeanor
  • Injunction

Tennessee

  • Class B Misdemeanor for each instance of such practice

Texas

  • Injunction
  • Civil penalty of 1,000 for each day of violation
  • Class A Misdemeanor
  • Cease and Desist Order

Utah

  • Cease and Desist Order
  • Class A Misdemeanor
  • Injunction
  • Temporary restraining order
  • Fine of up to $1,000 for the first offense
  • Fine of up to $2,000 for a second offense
  • Fine of up to $2,000 for each day of continued offense for each subsequent offense

Vermont

  • Fine of not more than five thousand dollars ($5,000), imprisonment for not more than one year, or both
  • Discipline against an applicant may also include a warning, a reprimand, suspension of a license for a specific period of time or permanent revocation or denial of license

Virginia

  • Refuse to grant or to renew
  • Suspend or revoke any license

Washington

  • Misdemeanor
  • Upon conviction, fine of no less than five hundred ($500) dollars nor more than one thousand ($1,000) dollars, confined in jail not more than six months, or both fined and confined

West Virginia

  • Misdemeanor.
  • Fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment for not more than six (6) months, or both by such fine and imprisonment.
  • Each act of such unlawful practice shall constitute a distinct and separate offense.

Wisconsin

  • Fine not more than $1,000
  • Fine not more than $3,000 for any 2nd offense within 3 years

Wyoming

  • Misdemeanor
  • Fine of no more than seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both
  • Each act of such unlawful practice shall constitute a distinct and separate offense
  • Injunction

Source: Staff research, AVMA Division of State Advocacy