Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.451 - Schedule of criminal convictions-state Board of Veterinary Medicine(a) A conviction of any of the criminal offenses in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Veterinary Medicine (Board). (1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).(2) A drug trafficking offense in accordance with § 43b.404(d).(3) The following additional criminal offenses that have been deemed by the Board as directly related to the veterinary medical profession, which shall raise a rebut-table presumption that the individual's licensure, certification, permitting or registration poses a substantial risk to the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i):(i)18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).(ii)18 Pa.C.S. § 5532 (relating to neglect of animal).(iii)18 Pa.C.S. § 5533 (relating to cruelty to animal).(iv)18 Pa.C.S. § 5534 (relating to aggravated cruelty to animal).(v)18 Pa.C.S. § 5535 (relating to attack of service, guide or support dog).(vi)18 Pa.C.S. § 5536 (relating to tethering of unattended dog).(vii)18 Pa.C.S. § 5537 (relating to selling or using disabled horse).(viii)18 Pa.C.S. § 5538 (relating to transporting animals in cruel manner).(ix)18 Pa.C.S. § 5539 (relating to transporting equine animals in cruel manner).(x)18 Pa.C.S. § 5540 (relating to hours of labor of animals).(xi)18 Pa.C.S. § 5541 (relating to cruelty to cow to enhance appearance of udder).(xii)18 Pa.C.S. § 5542 (relating to animal mutilation and related offenses).(xiii)18 Pa.C.S. § 5543 (relating to animal fighting).(xiv)18 Pa.C.S. § 5544 (relating to possession of animal fighting paraphernalia).(xv)18 Pa.C.S. § 5545 (relating to killing homing pigeons).(xvi)18 Pa.C.S. § 5546 (relating to skinning of and selling or buying pelts of dogs and cats).(xvii)18 Pa.C.S. § 5547 (relating to live animals as prizes prohibited).(xviii)18 Pa.C.S. § 5548 (relating to police animals).(xix)18 Pa.C.S. § 5549 (relating to assault with a biological agent on animal, fowl or honey bees).(xx) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in sub-paragraphs (i)-(xix).(xxi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(xxii) An equivalent crime in another jurisdiction.(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board's determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024