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Filing a Complaint
How
Do I File a Complaint
Who Can or Should
File a Complaint
The Complaint
Review Process
Additional Investigation
of Complaints
Pet
Protection Act (formerly the Puppy Mill Law)
Frequently asked
questions (FAQs)
Filing
a Complaint
Filing a complaint with a state
agency can be intimidating; however, the Veterinary Medical
Board (VMB) cannot take action without input from the public
regarding activities that may cause actual harm or create
a potential for harm to animal patients. Complaint forms
may be obtained by calling the VMB at (916) 263-2610 or
submitting a written request to 2005 Evergreen St., Suite 2250, Sacramento, CA 95815-3831. You may submit your complaint
by downloading and mailing the Veterinary
Medical Board complaint form.
How Do I File
a Complaint?
The most effective way to file a
complaint is to summarize your complaint and the sequence
of events. Your summary should include the PATIENT'S NAME,
BREED, AGE, CURRENT PHYSICAL CONDITION, and a sequential
list of dates when veterinary medical services were provided.
The complaint summary should include
the reason for the complaint with as much detail as possible.
Emphasis is placed on providing necessary factual information
rather than conclusions. Supplemental information such
as copies of any documentary evidence, letters, bills
or forms received from the veterinarian or veterinary
facility, and witnesses statements are very helpful in
making a determination and can be attached to your complaint
summary. If you have a witness or witnesses, you will
need to obtain signed statements from them and either
include those statements when you submit your complaint,
or no later than 30 days after receiving notification
from the VMB that your complaint was received. A Witness
Information Form is included with the complaint form.
Who Can or
Should File a Complaint
Anyone who witnesses or believes
that a licensed veterinarian or unlicensed person's behavior
or activities may cause harm (or the potential for harm)
to animal patients or may be illegal, can file a complaint.
The most effective complaints contain, firsthand, verifiable
information. While anonymous complaints will be reviewed,
they may be impossible to pursue unless they contain documented
evidence to support the allegations.
The
Complaint Review Process
The VMB receives hundreds of complaints
each year regarding the conduct of veterinarians, registered
veterinary technicians, unlicensed persons, or conditions
of a veterinary facility. The initial complaint review determines
whether the VMB has jurisdiction. The VMB's authority to
investigate is limited to administrative violations of the
California Veterinary Practice Act, including, negligence,
incompetence, fraud, deception, unprofessional conduct,
and sanitary condition of a facility. If the initial review
reveals that the complaint is regarding a fee dispute or
collection methods, the complaint is closed. Consumers are
notified that the VMB has no jurisdiction and are provided
with information outlining the procedures for a small claims
court action.
Once jurisdiction is established,
the persons named in the complaint are contacted and asked
to submit written statements and copies of any available
medical records, x-rays or laboratory reports. As soon
as this information is received, the complaint file is
reviewed by the VMB's veterinary medical advisor. The
advisor makes a determine to either: (1) close the case;
(2) refer it to the VMB's complaint review committee for
further review; (3) issue a citation and fine, or (4)
refer it to the Department of Consumer Affairs' Division
of Investigation (DoI) for a formal investigation.
Complaints under investigation
contain essentially unsubstantiated allegations and the
information contained in the file is exempt from disclosure
under the Public Records Act. Complaint information is
only available via subpena after the investigation is
closed.
Additional Investigation of Complaints
If a formal investigation is indicated,
the complaint is forwarded to the DoI. The investigator
will obtain sworn statements from all parties that include
complaint details and answer specific questions regarding
the complaint. To ensure that the success of the investigation
is not jeopardized in any way, the details of the investigation
remain confidential and are not public record.
Once the investigation is completed,
it is reviewed by an expert witness to determine whether
or not there are actual violations. Based on the expert
witness review, the VMB's options include: 1) close the
complaint; 2) issue
a citation and fine; or 3) refer
the case to the Attorney General's (AG) office.
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