Protect Your Veterinary Career with Legal Help in ABVMA Disciplinary Action

If you are facing an impending or ongoing disciplinary action with the Alberta Veterinary Medical Association (the “ABVMA” or the “Association”), you need to act promptly. Knowing what to expect and securing professional legal help can be essential to protecting your veterinary career and professional reputation.

This article can be a starting point for learning about the disciplinary procedures and potential risks. It will also provide some baseline information about your rights when undergoing disciplinary actions and what is required to defend against an allegation.

As you read on, bear in mind that Taylor Janis strongly recommends that you retain legal counsel early, as skilled legal representation is instrumental in navigating the intricacies of regulatory actions.

The Disciplinary Powers of The ABVMA

Under the Veterinary Profession Act (the “Act”), the Alberta Veterinary Medical Association is the professional regulatory organization governing the practice of veterinary medicine in Alberta. The Association has statutory disciplinary powers and discretion over all its regulated members, including veterinarians, registered veterinary technologists, final-year veterinary student members and corporations holding a permit to provide veterinary care.

The ABVMA’s sanctions decisions have legally binding effects on its regulated members. Upon a finding of unprofessional conduct, the Association can order one or more of the following sanctions against a regulated member:

• A caution or reprimand;
• Cancellation of their registration and annual certificate;
• Suspension of their annual certificate temporarily or until certain conditions are satisfied;
• A fine of up to $10,000 for each finding of unprofessional conduct, or an aggregate fine of up to $50,000 for multiple findings of unprofessional conduct;
• Imposition of conditions on their annual certificate;
• Requiring them to practice under supervision, pass a specific course of study or receive counselling or a treatment program;
• Requiring them to waive, reduce or repay fees received from the complainant;
• Recovery of certain costs associated with the investigation and hearing; and
• Any other order considered appropriate for the protection of the public.

A severe sanction can have devastating effects on your career and professional standing, and even a seemingly “lesser” sanction can be financially detrimental and highly disruptive to your veterinary practice. It is also important to note that the ABVMA does have certain discretion in ordering somewhat “novel” sanctions to protect the public. Thus, it is highly recommended that you obtain legal advice when you are facing potential sanctions, even if the underlying matter is seemingly trivial.

An adverse disciplinary decision can also have career-threatening reputational effects: Under the Act, the ABVMA has the discretion to publish its disciplinary orders on its website. Moreover, if an annual certificate is suspended, cancelled or has conditions imposed thereupon, relevant information must be entered on their annual certificate and be provided to the governing bodies of the veterinary medical profession in other provinces.

Assess and Mitigate the Risk with Legal Advice

When facing disciplinary scrutiny from the ABVMA, you need to act promptly to assess and mitigate the potential risks. The preferred approach is a proactive one: you should obtain legal advice even when it is seemingly unlikely that you will receive a severe sanction.

Taylor Janis Workplace Law offers legal services to all professionals facing regulatory actions in all areas of Alberta. Contact us at our Edmonton or Calgary office to schedule a consultation if you have any concerns about an impending or ongoing ABVMA disciplinary action.

What Can Attract Discipline?

What is Unprofessional Conduct?

Under the Act, unprofessional conduct is disciplinable, and it includes a wide range of conduct:

• Displaying a lack of knowledge, skill or judgment in the practice of veterinary medicine;
• Contravening the Act or its accompanying regulations;
• Misrepresenting a person’s professional standing;
• Failing or refusing to co-operate with a practice review or an investigatory or disciplinary procedure of the ABCVM;
• Contravening an investigatory or disciplinary order of the ABCVM;
• Practicing veterinary medicine for a corporation that does not meet permit requirements, or with someone who is breaching a sanction or conditions on their annual certificate;
• Harming the public during the practice of veterinary medicine;
• Harming the integrity of the profession; And
• Specifically for a veterinary technologist: practising veterinary medicine without proper authorization or supervision, or not following the instructions of their supervising veterinarian.

Notably, unprofessional conduct does not necessarily need to be disgraceful or dishonourable. For example, an inadvertent misdiagnosis or inadequate record-keeping, though not morally egregious, may attract disciplinary scrutiny. Moreover, since conduct that harms the integrity of veterinary professions is considered unprofessional conduct, conduct outside of your veterinary practice may also attract discipline.

What Exposes You to Disciplinary Scrutiny?

An ABVMA disciplinary process usually arises out of a complaint against a regulated member, but the Association can also start a disciplinary process if it has reasonable grounds to believe that a regulated member has committed unprofessional conduct, as if a complaint has been received. Moreover, under the Act, any person can file a complaint with the Association, so a complaint does not necessarily arise out of a veterinarian-client-patient relationship.

Act Promptly

Looking down the barrel of a disciplinary process is not the end of the world, but your response to an accusation can crucially affect the eventual outcome. Whether it is a complaint or an unfavourable finding by an inspector, you should act promptly and obtain legal advice.

At Taylor Janis, our experienced lawyers can help you assess your situation, protecting your career and reputation.

The Disciplinary Process

The ABVMA’s disciplinary procedures are outlined in the Act, with some additional procedural rules found in the Veterinary Profession General Regulation and the Alberta Veterinary Medical Association Bylaws (the “Bylaws”).

ABVMA investigative and disciplinary procedures can be highly disruptive to your veterinary practice or even your personal life. Throughout all stages of a disciplinary process, you need to respond strategically and avoid inadvertently jeopardizing your own case. Hence, it is strongly recommended that you engage legal representation early when navigating the procedural complexity, instead of risking it alone.

Complaint Process

The ABVMA can only dismiss a complaint if it is trivial, vexatious or lacks evidence of unprofessional conduct. Otherwise, the Complaint Director must initiate an investigation unless the complaint is resolved between the complainant and the veterinarian or certified veterinary technologist named in the complaint (e.g. through a voluntary settlement).

Investigations

If an investigation becomes the next step, the veterinarian or certified veterinary technologist concerned will be notified of the particulars of the allegations against them.

An investigation can be highly intrusive and disruptive to your veterinary practice or even personal life. During an investigation, the ABVMA may do one or more of the following:

• Require an investigated person to answer questions under oath, and/or to give up information and/or evidence relevant to the investigation. These requirements may be enforced through court orders.
• Have an investigator enter and inspect the investigated person’s premises for practice.
• Temporarily suspend or place conditions on an investigated person’s annual certificate.

An investigation concludes with a report to the Complaint Review Committee. Unless the matter requires further investigation or is dismissed for being trivial, vexatious or lacking evidence of unprofessional conduct, a hearing by the ABVMA Hearing Tribunal becomes the next step.

Hearings by the Hearing Tribunal

A hearing by the Hearing Tribunal can be intensely stressful and intimidating, and often requires extensive preparation. Given its potential for high consequences, our strongest recommendation is to exercise your statutory right to counsel if you are expecting a hearing. There are a few things you should know about hearings:

• A hearing is a quasi-judicial and adversarial procedure:
  • Extensive preparation is often required to formulate a robust defence, as decisions are based on the relative strength of the legal and factual positions of the parties (usually the Complaints Director vs. an investigated person).
  • The Complaints Director is regularly represented by counsel, and you should exercise your statutory right to counsel, too.
  • An investigated person may be compelled (i.e. legally bound) to testify under oath and be subjected to examination, meaning they may be intensely scrutinized with questions that they are obliged to truthfully answer. Thus, awareness and preparedness are essential.
• The time for preparation is limited:
  • A hearing would normally be scheduled within 90 days after a complaint has been referred to the Hearings Director, and a hearing notice can be given as late as 30 days before a hearing.
• The procedure has profound reputational implications:
  • A hearing is presumed to be open to the public.
  • Hence, reputational damage can start to radiate even before a finding of unprofessional conduct is made, especially if an investigated person is underprepared or responds in ways that prejudice themselves.

Once a hearing is concluded, a finding of unprofessional conduct will lead to a legally binding sanctions decision.

Alternative Complaint Resolutions

There are alternative ways to resolve a complaint without going through the entire investigation or hearing processes, and they can be advantageous in certain circumstances.

At any time before a complaint is referred to the Hearing Tribunal, the investigated person and the complainant can voluntarily settle a complaint through an alternative complaint resolution process, which may be facilitated by the ABVMA.

At any time before a finding of unprofessional conduct is made by the Hearing Tribunal, the investigated person can also submit an admission of the alleged conduct, which, if accepted, will suspend an ongoing investigation.

However, you should not settle or admit to a matter hastily without strategically evaluating the situation, because:

• A voluntary settlement may or may not be ratified by the ABVMA. If ratified, the Association will oversee its enforcement; if not, then the disciplinary process may resume. Hence, you need to comprehensively review the legal and factual constraints and propose terms that are reasonable to you and everyone else involved.
• An admission of unprofessional conduct does not necessarily put an end to the process. A hearing may still be held to determine what disciplinary order is appropriate.
• Disciplinary decisions made on the basis of voluntary admission are subject to the same public disclosure requirements and policy as any other disciplinary decisions.
• An admission of unprofessional conduct will substantially foreclose an appeal for unreasonable fact-finding.

Navigating the Procedural Complexity with Early Legal Representation

A disciplinary action by the ABVMA involves a sequence of procedures that each escalates the complexity, stress, disruptive effects and consequentialness. During a disciplinary process, you also have a need to make legally informed decisions and avoid legal pitfalls.

These all highlight the importance of engaging legal representation early: by leveraging their legal expertise and practical know-how, a skilled lawyer can assist you in navigating the procedural complexity, and they can also streamline the process where possible and reasonable, thus reducing its disruptive effects. In certain circumstances, a legally informed and robust response can lead to an expedited resolution.

If you feel uncertain about a pending or ongoing disciplinary procedure, you can reach out to Taylor Janis Workplace Law for thorough and transparent legal advice. Contact us today to schedule an initial consultation and discuss your situation.

Your Rights to Fairness

Every disciplinary procedure of the ABVMA engages your administrative and common law rights; some of these rights even have roots in constitutional principles. When undergoing a disciplinary process, early and ongoing legal representation can be indispensable for safeguarding your rights and achieving a fair outcome.

Know Your Rights

Your administrative law rights are ultimately about the fairness of a decision and its making process, and they can be described as three distinct rights:

• The right to unbiased decision makers:
  • The decision makers should not raise a reasonable apprehension of bias to a reasonably informed third person observing the entire decision-making process.
  • Reasonable apprehension of bias is a high legal and factual threshold; it is not “any apprehension of bias” and needs to be supported with evidence.
• The right to procedural fairness:
  • You have the right to know the allegations against you and make a full answer and defence.
  • You are entitled to due process. The mechanisms designed to protect procedural fairness can be found in the Act, its accompanying regulations, and the Bylaws. Moreover, the ABMVA should conduct the due process appropriately.
• The right to substantive fairness:
  • Under the Act, a final disciplinary decision made by the ABMVA council can be appealed to the Alberta Court of Appeal.
  • Hence, the standards are that an ABMVA disciplinary decision’s factual reasoning must be free from “palpable and overriding error,” and its legal reasoning must be “correct”.

Appealing an Unfair Decision.

It is monumentally challenging to overturn a decision through an appeal. The legal and factual thresholds are high (as discussed above), and a court has to pay deference to regulatory decision makers out of respect for legislative intent and common law principles following Vavilov, a Supreme Court of Canada decision.

Moreover, an appeal is a lengthy and complex procedure during which a sanction may continue to damage your career and reputation. This is because an appeal does not automatically pause the enforcement of a sanction, and a successful appeal may send a matter back to the ABVMA to be redecided, rather than quash it outright.

The Importance of Early and Ongoing Legal Representation

The preferred approach to safeguarding your rights is to obtain legal counsel early and have them engaged with the entire disciplinary process. This is not only because an appeal should be considered a last resort, but also because your rights are engaged every step of the way when undergoing a disciplinary process.

Having your legal counsel engaged throughout the process means they can leverage their legal knowledge and advocacy skills to spot, flag and object to potential infringements as they emerge, upholding fairness and your rights.

Your rights and career are worthy of the best protection. Contact one of Taylor Janis’s Alberta offices in Edmonton or Calgary to schedule a consultation if you have any questions or concerns about your rights when undergoing ABVMA disciplinary procedures.

Advocacy and Robust Defence Strategies

Taylor Janis understands the intricacies of regulatory legal actions, and we appreciate that every case is different in its legal and factual matrix.

A robust defence requires applying the governing legal rules to facts supported by evidence, and often, resourceful and tenacious advocacy is critical for this.

Legal Positions:

Under the Act, disciplinable unprofessional conduct encompasses a broad range of conduct. A robust legal argument should be based on extensive legal knowledge, research and analysis, and skillful advocacy can be crucial to the strength of a legal argument. A strategic legal defence needs to take into account:

• Rules specifically governing the practice of veterinary medicine are multi-sourced and often nuanced:
  • Under the Act, unprofessional conduct includes contravention of the Act and its accompanying regulations. Certain rules contained within these sources may be considered as clear-cut minimum standards.
  • However, there are more sources of rules specifically applicable to veterinary professionals. For example, a marked departure from a requirement of ABVMA Professional Standards may attract discipline, as this can be said to be displaying a lack of knowledge or judgement.
  • Moreover, some rules pertain to broad and overarching ethical and professional duties. For example, the Act prohibits conduct that harms the integrity of the veterinary professions. A skillful advocate can assist a decision-maker in interpreting and applying nuanced rules involving a degree of principled judgment.
• The ABVMA often needs to take into consideration other legal rules when adjudicating a matter:
  • Veterinary professionals, like everyone else, have to act legally at all times. Correspondingly, when making a disciplinary decision, the ABVMA may have to take into consideration a wide range of legal rules (such as common law principles and other legislation), meaning that formulating a robust legal defence requires legal understanding well beyond just the regulatory scheme governing the veterinary profession.
    • For example, in this recently published ABVMA sanctions decision, counsel for both parties went to great lengths to cite common law cases as well as previous regulatory decisions of the ABVMA and other regulators to contend the appropriate sanctions. An unrepresented person would find it highly challenging to match the skillful advocacy and thorough legal research as displayed in this decision.

Factual Positions

Ultimately, a disciplinary decision can only be based on facts that can be supported by evidence. The relative strength of your evidence is crucial to a robust factual defence, and having legal representation can be instrumental because:

• The facts can be intensely contentious, and both parties are entitled to have their legal counsel submit and present evidence on their behalf. It is therefore crucial to make sure your evidence is well-organized and presented alongside robust legal arguments to highlight its factual relevance and legal materiality.
• The ABMVA Hearing Tribunal is not bound by the rules of evidence applicable to court proceedings, meaning it has a broad discretion in admitting all evidence deemed appropriate. On the other hand, pieces of evidence are not equal in their probative value and prejudicial effects. Hence, it can be pivotal to have a lawyer as your advocate to highlight key favourable evidence and flag and object to evidence that is irrelevant, unreliable or unduly prejudicial to you.

Have a Strategic Advocate Early On

When you are under the regulatory scrutiny of the ABVMA, you should act promptly in retaining legal advice and have a defence strategy to protect your career and professional reputation. Having an advocate and a robust response early on may discourage vexatious or frivolous complaints or lead to an expedited resolution. Hence, you should act strategically with each step you take in responding to a disciplinary procedure; do not leave it until the last minute before a hearing.

Have a Skilled Lawyer as Your Advocate and Problem-Solver

At Taylor Janis Workplace Law, we understand that facing regulatory legal actions is a stressful and intimidating experience. We also appreciate that every case is different, and so are the needs of each client. These are why we are committed to always providing fully-tailored legal plans.

A tailored legal plan starts with an initial consultation. A skilled lawyer at Taylor Janis can be your tenacious advocate representing you in any regulatory challenges. They can also be your resourceful problem solver when an amicable resolution is preferable. We will also provide transparent legal advice and the peace of mind if the risk is minimal.

Contact our Edmonton or Calgary office for legal advice if you are exposed to the risk of being disciplined by the ABVMA. Taylor Janis offers legal services to professionals facing disciplinary actions in all areas of Alberta.

Frequently Asked Questions

How Long Does an ABVMA Disciplinary Process Typically Take?

This would vary greatly depending on various factors, including the legal and factual complexity and merit of the matter, as well as how you respond to it. A vexatious or frivolous complaint is likely to be dismissed fairly quickly, but if a complaint escalates into a full-on investigation or hearing, the entire process can drag on for months if not over a year. Effective communication with the Association and a robust response to a complaint can result in an expedited and favourable resolution. If you have any concerns about the disruptive effects of a pending or ongoing disciplinary procedure, you should obtain legal advice.

I Am No Longer Registered with the ABVMA. Should I Still Be Worried About Its Sanctions?

Although you are no longer registered with the Association, you should be aware that the ABVMA may still be able to sanction you, and a sanction can have severe financial and career consequences. Under the Act, the Association can process complaints against a former regulated member within 2 years of the cessation of their registration. If a former regulated member is found to have committed unprofessional conduct, they might be issued a hefty fine or receive other appropriate sanctions, with a record potentially affecting their standing with other professional regulators. Hence, a former regulated member of ABVMA under its regulatory scrutiny should act promptly in obtaining legal advice.

Can Evidence from An ABVMA Disciplinary Proceedings Be Used in Other Legal Proceedings?

The answer to this can be complicated. Your testimony during a hearing cannot be used directly against you in a future proceeding. However, records of each formal proceeding (e.g. a hearing or investigation) may be used in future proceedings if they are otherwise admissible under relevant evidence rules. Moreover, the ABVMA must forward relevant information obtained through a hearing to the Minister of Justice if there are reasonable and probable grounds to believe the investigated person has committed a crime.

Records from an alternative complaint resolution process, except for a ratified settlement agreement or expert report prepared during this process, cannot be used in future legal proceedings without mutual consent from both parties. The confidentiality of a voluntary settlement could be advantageous, but you should obtain legal advice to ensure a settlement is fair and reasonable.

An Unfair Decision Has Been Made against Me. What Can I Do?

You can appeal an ABVMA disciplinary decision, but it is vital to act quickly, ideally with legal representation. You can initiate an internal appeal to the ABVMA Council within 30 days of receiving a Hearing Tribunal decision. An ABVMA Council decision related to discipline can be further appealed to the Alberta Court of Appeal within 30days of receipt. However, an appeal can be highly challenging to navigate, as the appellate standards for overturning a decision are high. Moreover, an appeal is not a rehearing of the alleged unprofessional conduct; instead, it has a limited scope and will normally be decided based on the records of the impugned decision and its decision-making process. If you are put into this difficult situation, consult a lawyer soon.

Will Hiring a Lawyer Escalate the Situation With the ABVMA?

A competent lawyer should know how to avoid unnecessary escalation, and the ABVMA should not treat you arbitrarily or unfairly simply because you are represented. Remember, you have administrative law rights to fairness and a statutory right to counsel at a hearing. From our experience, having legal counsel shows that you are taking the matter and your integrity seriously, and this may discourage frivolous or vexatious complaints. Hence, a robust response from a lawyer at an early stage of the disciplinary process can lead to its timely resolution, as opposed to escalation.

Conclusion

Securing legal help can be vital if you are a veterinarian or registered veterinary technologist exposed to the risk of being disciplined by the ABVMA. The Association has statutory regulatory powers to make legally binding disciplinary decisions with career-threatening effects. The disciplinary process can be complex, consequential and highly disruptive to the investigated person’s veterinary practice. The procedures also engage their essential administrative law rights. Extensive legal research and strong evidentiary support can be crucial to a robust defence, and often skillful advocacy is critical to a successful defence strategy. When facing regulatory scrutiny from the ABCMA, it is highly recommended that you obtain legal counsel early, so you have adequate legal assistance in protecting your rights, reputation and professional standing.

References:

• Veterinary Profession Act, RSA 2000, c V-2
• Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), [2019] 4 SCR 653
• Veterinary Profession General Regulation, Alta Reg 44/1986
• Alberta Veterinary Medical Association Bylaws
• Alberta Veterinary Medical Association Practice Inspection and Practice Standards Bylaw
• Sanctions Decision August 2, 2023, Dr. Ignacio Tan, #2716

Resources For Readers:

• ABVMA Complaints Process
• Past decisions of the ABVMA Hearing Tribunal
• ABVMA Professional Standards

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