Board clarifies position in appeals case

BOISE, IDAHO — In a letter written to DVM Newsmagazine, the Idaho Board of Veterinary Medicine voiced concern in regard to statements made in the July article, "Veterinarian challenges board decision and wins".

The board counters statements made with these points:

• Idaho's licensing fees have remained the same since 2001. Idaho did not raise fees to cover the sums spent prosecuting this case and has no plans to raise fees for any purpose in the immediate future.

• The veterinarian (Dr. Gary Wilson) argued that board processes and procedures deprived him of his right to due process. The district court disagreed.

• The district court determined that the board's action had a reasonable basis in fact or law and declined to award attorney's fees to Wilson.

Judge D. Duff McKee stated in the conclusion to the appeal decision: "The petitioner is entitled to his costs on this appeal, to be taxed in accordance with procedures set fourth in Idaho Appellate Rule 41. I do not conclude that the agency action was without reasonable basis in fact or law and decline to offer attorney fees."

• Sanctions were specified to Wilson prior to the court case.

• License revocation was never considered as one of the sanctions against Wilson in the proposed stipulation or the final order, the board says.

• An appeals court does not hear new testimony, however the expert witness from Washington State University supported the board's position and is part of the cases' official record.