DRAFT
REVISION FOR COMMENT DECEMBER 23, 2002
Model Veterinary Practice Act
Preamble SECTION
1 Title SECTION 2 Definitions SECTION 3 Board of Veterinary Medicine SECTION
4 License Requirement SECTION 5 Veterinarian-Client-Patient Relationship
Requirement SECTION 6 Exemptions SECTION 7 Veterinary Technicians and
Technologists SECTION 8 Status of Persons Previously Licensed SECTION
9 Application for License: Qualifications SECTION 10 Examinations SECTION
11 License By Endorsement SECTION 12 Temporary Permit SECTION 13 License
Renewal SECTION 14 Discipline of Licensees SECTION 15 Impaired Veterinarian
SECTION 16 Hearing Procedure SECTION 17 Appeal SECTION 18 Reinstatement
SECTION 19 Veterinarian-Client Confidentiality SECTION 20 Immunity from
Liability SECTION 21 Cruelty to Animals - Immunity for Reporting SECTION
22 Enforcement SECTION 23 Severability SECTION 24 Effective Date
Preamble This
statute is enacted as an exercise of the powers of the state to promote
the public health, safety, and welfare by ensuring the delivery of competent
veterinary medical care. It is hereby declared that the practice of veterinary
medicine is a privilege conferred by legislative grant to persons possessed
of the personal and professional qualifications specified in this act.
COMMENTARY
TO THE PREAMBLE - The preamble defines the purpose of the veterinary practice
act. It emphasizes that the right to practice veterinary medicine is a
privilege granted by state law and is thus subject to regulation in order
to protect and promote public health, safety, and welfare.
Section 1 -
Title This act shall be known as the [name of state] Veterinary Practice
Act. Except where otherwise indicated by context, in this act the present
tense includes the past and future tenses and the future tense includes
the present, each gender includes both genders, and the singular includes
the plural, and the plural the singular.
COMMENTARY
TO SECTION 1 - Sections such as this are commonly included in lengthy
statutes for purposes of simplification and clarification of tense, number,
and gender rules.
Section 2 -
Definitions When used in this act these words and phrases shall be defined
as follows:"Accredited college of veterinary medicine" means
any veterinary college, school, or division of a university or college
that offers the degree of Doctor of Veterinary Medicine or its equivalent
and that
is accredited by the Council on Education of the American Veterinary Medical
Association (AVMA)."Accredited program in veterinary technology"
means any postsecondary educational program that is accredited by the
Committee on Veterinary Technician Education and Activities of the AVMA.
"Animal"
means any animal other than a human.
"Board"
means the [State Board of Veterinary Medicine].
"Client"
means the patient's owner, owner's agent, or other person responsible
for the patient.
"Complementary,
alternative, and integrative therapies" means a heterogeneous group
of preventive, diagnostic, and therapeutic philosophies and practices,
which at the time they are performed may differ from current scientific
knowledge, or whose theoretical basis and techniques may diverge from
veterinary medicine routinely taught in accredited veterinary medical
colleges, or both. These therapies include but are not limited to
veterinary acupuncture, acutherapy, and acupressure; veterinary homeopathy;
veterinary manual or manipulative therapy (ie, therapies based on techniques
practiced in osteopathy, chiropractic medicine, or physical medicine and
therapy); veterinary nutraceutical therapy; and veterinary phytotherapy.
"Consultation"
means when a licensed veterinarian receives advice in person, telephonically,
electronically, or by any other method of communication, from a veterinarian
licensed in this or any other state or other person whose expertise, in
the opinion of the licensed veterinarian, would benefit a patient. Under
any circumstance, the responsibility for the welfare of the patient remains
with the licensed veterinarian receiving consultation.
"Credentialed
veterinary technician or technologist" means a veterinary technician
or veterinary technologist who is registered, certified, or licensed by
the Board.
"Direct
supervision" means a licensed veterinarian is readily available on
the premises where the patient is being treated.
"ECFVG(r)
certificate" means the certificate issued by the Educational Commission
for Foreign Veterinary Graduates(r) of the AVMA indicating that the holder
has demonstrated knowledge and skill equivalent to that possessed by a
graduate of an accredited college of veterinary medicine.
"Extralabel
use" means use of a drug in a manner that is not in accordance with
the directions for use listed on the label affixed to the container in
which the drug is dispensed.
"Impaired
veterinarian" means a veterinarian who is unable to practice veterinary
medicine with reasonable skill and safety because of a physical or mental
disability as evidenced by a written determination from a competent authority
or written consent based on clinical evidence, including deterioration
of mental capacity, loss of motor skills, or abuse of drugs or alcohol
of sufficient degree to diminish the person's ability to deliver competent
patient care.
"Indirect
supervision" means a veterinarian has given either written or oral
instructions for treatment of the patient and is readily available by
telephone or other form of communication.
"Informed
consent" means the veterinarian has informed the client or the client's
authorized representative, in a manner understood by the client or representative,
of the diagnostic and treatment options, risk assessment, and prognosis,
and has provided the client with an estimate of the charges for veterinary
services to be rendered and the client has consented to the recommended
treatment.
"Licensed
veterinarian" means a person who is validly and currently licensed
to practice veterinary medicine in this state.
"Patient"
means an animal that is examined or treated by a veterinarian.
"Person"
means any individual, firm, partnership (general, limited, or limited
liability), association, joint venture, cooperative, corporation, limited
liability company, or any other group or combination acting in concert;
and whether or not acting as a principal, partner, member, trustee, fiduciary,
receiver, or as any other kind of legal or personal representative, or
as the successor in interest, assignee, agent, factor, servant, employee,
director, officer, or any other representative of such person
"Practice
of veterinary medicine" means
a)
To diagnose, treat, correct, change, alleviate, or prevent animal
disease, illness, pain, deformity, defect, injury, or other physical,
dental, or mental conditions by any method or mode; including:
i.
the prescription, dispensing, administration, or application of any drug,
medicine, biologic, apparatus, anesthetic, or other therapeutic or diagnostic
substance or medical or surgical technique, or
ii.
the use of complementary, alternative, and integrative therapies, or
iii.
the use of any manual or mechanical procedure for reproductive management,
oriv. the rendering of advice or recommendation by any means including
telephonic and other electronic communications with regard to any of the
above.
b)
To represent, directly or indirectly, publicly or privately, an
ability and willingness to do an act described in subsection 18(a).
c) To use any
title, words, abbreviation, or letters in a manner or under circumstances
that induce the belief that the person using them is qualified to do any
act described in subsection 18(a).
19) "Practice
of veterinary technology" means:To perform patient care or other
services that require a technical understanding of veterinary medicine
on the basis of written or oral instruction of a veterinarian, excluding
diagnosing, prognosing, surgery, or prescribing drugs, medicine, or appliances.To
represent, directly or indirectly, publicly or privately, an ability and
willingness to do an act described in subsection 19(a).To use any title,
words, abbreviation, or letters in a manner or under circumstances that
induce the belief that the person using them is qualified to do any act
described in subsection 19(a).
20) "Veterinarian"
means a person who has received a professional degree from a college of
veterinary medicine.
21)
"Veterinarian-client-patient relationship" means that : The
veterinarian has assumed the responsibility for making clinical judgments
regarding the health of the animal and the need for medical treatment,
and the client has agreed to follow the veterinarian's instructions.The
veterinarian has sufficient knowledge of the animal to initiate at least
a general or preliminary diagnosis of the medical condition of the animal.
This means that the veterinarian has recently seen and is personally acquainted
with the keeping and care of the animal either by virtue of an examination
of the animal, or by medically appropriate and timely visits to the premises
where the animal are kept. The veterinarian is readily available or has
arranged for emergency coverage for follow-up evaluation in the event
of adverse reactions or the failure of the treatment regimen.
22) "Veterinary
medicine" means all branches and specialties included within the
practice of veterinary medicine.
23) "Veterinary
premises" means any premises or facility where the practice of veterinary
medicine occurs, including but not limited to a mobile clinic, outpatient
clinic, satellite clinic, or veterinary hospital or clinic, but shall
not include the premises of a veterinary client, research facility, a
federal military base, or an accredited college of veterinary medicine.
24) "Veterinary
prescription drug" means a drug that may not be dispensed without
the prescription of a veterinarian and that bears the label statement:
"CAUTION: Federal law restricts this drug to the use by or on the
order of a licensed veterinarian."
25) "Veterinary
technician" means either a graduate of a two- or three-year accredited
program in veterinary technology or a person so recognized by the Board
in rules and regulations promulgated to regulate veterinary technicians.
26) "Veterinary
technologist" means either a graduate of a four-year accredited program
in veterinary technology or a person so recognized by the Board in rules
and regulations promulgated to regulate veterinary technologists.
COMMENTARY
TO SECTION 2 - The terms defined within the definition section of any
practice act lay the groundwork for all other sections of that act. An
attempt should be made to define each term in a manner so that the intended
meaning is clear. The AVMA recognizes that names and acronyms of entities
administering current programs may change or new programs may be developed
to replace or parallel existing programs. State regulatory boards should
keep abreast of simple name changes and correct those through annual legislative
housekeeping policies. Addition of new programs to the practice act should
be made only after careful review to ensure that the high standards of
existing programs are met or exceeded.To protect and promote public health,
safety, and welfare, the AVMA believes that it is important for state
practice acts or the rules and regulations promulgated under those acts
to include language that will preserve the present-day high standard of
veterinary medical education throughout the United States (see subsection
1). The accreditation process administered by the Council on Education
of the AVMA, which is the sole entity recognized by the United States
Department of Education to accredit US veterinary colleges, assures that
this standard is maintained. All accreditation decisions made by the Council
are independent of the AVMA. In a like manner, the accreditation process
for veterinary technology programs administered by the Committee on Veterinary
Technician Education and Activities of the AVMA maintains the standard
for veterinary technician education throughout the United States (see
subsection 2).The definition of the practice of veterinary medicine in
the 2002 draft revision includes the use of complementary, alternative,
and integrative therapies, which is also defined in Section 2, subsection
6. The definition used for the MVPA is based largely on that in the AVMA
Guidelines for Complementary and Alternative Veterinary Medicine, which
were approved by the AVMA Executive Board in 2001.
The
AVMA recognizes that clients may seek any of a number of treatment modalities
for their animals. However, when applied to animals, these treatment modalities
represent the practice of veterinary medicine, and as such, are subject
to regulation as outlined in the practice act.
If one considers conventional veterinary drugs as a treatment modality,
the AVMA would define "veterinary drug" as drugs recognized
for animal use in the official US Pharmacopoeia or the official national
formulary. This would include but not be limited to medicated feed or
water, growth-promoting implants, and drugs labeled for human use administered
under extralabel use guidelines. The AVMA also believes veterinarians
should ensure that they have the requisite skills and knowledge for any
treatment modality they may consider using. The foremost objective in
veterinary medicine is patient welfare. Informed consent should be obtained
prior to initiating any treatment, including complementary, alternative,
and integrative therapies. In subsection 7, "consultation" is
defined in part from the recognition that veterinary medicine is becoming
an increasingly specialized profession and a licensed veterinarian may
believe it is in the best interest of the patient to request advice from
another individual with given expertise. In addition,
the definition used in this MVPA better delineates, for the public interest,
who will maintain responsibility for the welfare of the patient
when consultants are used.In subsection 10, reference is made to the ECFVG
program.
The Educational
Commission for Foreign Veterinary Graduates(r) (ECFVG(r)) program is the
only program that the AVMA believes adequately evaluates the educational
equivalency of graduates of nonaccredited colleges of veterinary medicine
at an acceptable educational standard. In the future, other educational
equivalency assessment programs may originate to parallel or succeed the
ECFVG program. States may find it prudent to prepare for that possibility
by establishing by rule the necessary educational standards that need
to be met by such an alternate program. These standards should include:
1) Proof of
graduation from a nonaccredited foreign college of veterinary medicine
recognized by the World Health Organization or the government of that
country, and whose graduates are eligible to practice veterinary medicine
in that country.
2) Demonstration
and proof of English language proficiency.
3) Demonstration
of adequate knowledge of basic and clinical veterinary medical sciences
4) Demonstration
of clinical skills proficiency through consistent and validated testing
or evaluation after graduation. In subsection 14, "informed consent"
is defined to better protect the public by ensuring that veterinarians
provide sufficient information in a manner so that clients may reach informed
decisions regarding the care of their animals. Rather than addressing
the ever-changing telephonic/electronic industry by adding a specific
definition of telemedicine or telepractice, the definition of the practice
of veterinary medicine in subsection 18 reflects the increasing use of
telemedicine in veterinary practice today. The definition indicates that
the practice of veterinary medicine means "to diagnose, treat, correct,
change, alleviate, or prevent animal disease...by any method or mode."
In addition, this definition stresses that the practice of veterinary
medicine includes the use of telephonic and other electronic communications
for the rendering of advice or recommendation for the diagnosis, treatment,
correction, alteration, relief, or prevention of animal disease.
The definition
of "veterinary-client-patient relationship" in subsection 21
is unchanged from that established jointly by the AVMA and the United
States Food and Drug Administration and embodied in federal regulation
21CFR530.3(i). The AVMA recognizes that individual states may wish to
more clearly define specific terms within this definition. For example,
a state regulatory board may wish to include a specific time period (eg,
6 or 12 months) to better delineate the phrase "recently seen."
Section 3 -
Board of Veterinary Medicine
1) A Board
of Veterinary Medicine shall be appointed by the governor and shall consist
of five licensed veterinarians, one credentialed veterinary technician
or technologist, and one member of the public who is not a veterinarian
or veterinary technician or technologist. All persons appointed to the
Board shall have been residents of this state for at least the two years
immediately preceding appointment. Each member shall be appointed for
a term of five years or until a successor is appointed, except that the
terms of the first appointees may be for shorter periods to permit a staggering
of terms. Members of the Board appointed under the chapter that this act
replaces may continue as members of the Board until the expiration of
the term for which they were appointed. Vacancies due to death, resignation,
or removal shall be filled for the remainder of the unexpired term in
the same manner as regular appointments. No person shall serve more than
two consecutive full terms. A licensed veterinarian shall be qualified
to serve as a member of the Board if he has been licensed to practice
veterinary medicine in this state for the five years immediately preceding
the time of his appointment. A credentialed veterinary technician or technologist
shall be qualified to serve as a member of the Board if he has been credentialed
in this state for the five years immediately preceding his appointment.Each
member of the Board shall be paid for each day or substantial portion
thereof if he is engaged in the work of the Board, in addition to such
reimbursement for travel and other expenses as is normally allowed to
state employees.Any member of the Board may be removed in accordance with
the Administrative Procedures Act of this state or other applicable laws.The
Board shall meet at least once each year at the time and place fixed by
rule of the Board. Other necessary meetings may be called by the Board
by giving notice as may be required by rule. Except as may otherwise be
provided, a majority of the Board constitutes a quorum. Meetings shall
be open and public except that the Board may meet in closed session to
prepare, approve, administer, or grade examinations, or to deliberate
the qualification of an applicant for license or the disposition of a
proceeding to discipline a licensed veterinarian.
3) The Board
shall annually elect officers from its membership as may be prescribed
by rule. Officers of the Board serve for terms of 1 year and until a successor
is elected, without limitation on the number of terms an officer may serve.
The duties of officers shall be prescribed by rule.
4) The Board
shall have the power to:Adopt, amend, or repeal all rules necessary for
its government and all regulations necessary to carry into effect the
provisions of this act, including the establishment and publication of
standards of practice and professional conduct for the practice of veterinary
medicine.Adopt, promulgate, and enforce rules and regulations relating
to specific duties and responsibilities; certification, registration,
or licensure; and other matters pertaining to veterinary technicians,
veterinary technologists, or nonlicensed persons consistent with the provisions
of this act.Initiate disciplinary procedures, hold hearings, reprimand,
suspend, revoke, or refuse to issue or renew credentials, and perform
any other acts that may be necessary to regulate veterinary technicians
and technologists in a manner consistent with the provisions of this act
applicable to veterinarians.Examine by established protocol the qualifications
and fitness of applicants for a license to practice veterinary medicine
in the state.Issue, renew, or deny the licenses and temporary permits
to practice veterinary medicine in this state.Limit, suspend, or revoke
the licenses of disciplined veterinarians or otherwise discipline licensed
veterinarians consistent with the 5 provisions of the act and the rules
and regulations adopted thereunder.Establish and publish annually a schedule
of fees for licensing, certification, and registration.Conduct investigations
of suspected violations of this act to determine whether there are sufficient
grounds to initiate disciplinary proceedings. All investigations shall
be conducted in accordance with the Administrative Procedures Act of this
state or other applicable laws.Inspect veterinary premises and equipment,
including practice vehicles, at any time in accordance with protocols
established by rule.Hold hearings on all matters properly brought before
the Board and in connection thereto to administer oaths, receive evidence,
make necessary determinations, and enter orders consistent with the findings.
The Board may require by subpoena the attendance and testimony of witnesses
and the production of papers, records, or other documentary evidence and
commission depositions. The Board may designate one or more of its members
to serve as its hearing officer or may employ a hearing officer defined
by state law. All hearings shall be conducted in accordance with the Administrative
Procedures Act of this state or other applicable laws.Employ full or part-time
personnel necessary to effectuate the provisions of this act and purchase
or rent necessary office space, equipment, and supplies.Appoint from its
own membership one or more members to act as representatives of the Board
at any meeting within or outside the state where such representative is
deemed desirable.Bring proceedings in the courts against any person for
the enforcement of this act or any regulations made pursuant thereto.
5) The powers
enumerated above are granted for the purpose of enabling the Board to
effectively supervise the practice of veterinary medicine and veterinary
technology and are to be construed liberally to accomplish this objective.
COMMENTARY
TO SECTION 3- This section provides guidelines for the establishment,
composition, and duties of the Board. As stated in MVPA, the Board is
the supervisory body created to administer the practice act in any given
state. The intent of this section is not to be prescriptive, but to provide
broad guidelines that each state may use to establish an appropriate and
well-functioning Board. For example, in subsection 1, it is stated that
each member shall be appointed for a term of five years. Currently, terms
on state boards typically range from four to six years, which the AVMA
believes is sufficient time to provide continuity to Board activities
and deliberations but not too extensive to prevent infusion of new ideas.Although
not explicitly stated in subsection 1 of the 2002 draft revision, the
AVMA believes that it is important that the Board interact with the state
veterinary medical association to forward names of potential well-qualified
nominees to the Governor for appointment so that all areas of veterinary
practice prevalent within the state are represented on the Board.In subsection
4(b), language was added to empower the Board to adopt, promulgate, and
enforce rules and regulations relating to specific duties and responsibilities;
certification, registration, or licensure; and other matters pertaining
to nonlicensed persons consistent with the provisions of this act. The
intent here is to provide Boards with the power to regulate nonveterinarians
who may be performing specific duties related to veterinary medicine (eg,
equine dentists).Subsection 4(c) was inserted to provide the Board with
the authority to regulate veterinary technicians and technologists. This
subsection provides substantial latitude to the individual state boards
to adopt and implement rules pertaining to the duties of veterinary technicians
and technologists. The Board should adopt regulations establishing health-care
tasks and an appropriate degree of supervision required for those tasks
that may be performed only by a veterinary technician or technologist.
There needs to be a degree of flexibility that will allow the Board to
make necessary adjustments from time to time to meet the ongoing needs
of consumers and the ever changing profession of veterinary medicine.
Section 4 -
License Requirement
No person may
practice veterinary medicine in the state who is not a licensed veterinarian
or the holder of a valid temporary permit issued by the Board unless otherwise
exempt pursuant to Section 6 of this act.
COMMENTARY
TO SECTION 4 - The intent of this section is to declare unlawful the practice
of veterinary medicine by any person not licensed or holding a temporary
permit to practice in the state. The significance of this section arises
in part from the definitions of the "practice of veterinary medicine"
and "licensed veterinarian" in Section 2.
Section 5 -
Veterinarian-Client-Patient Relationship Requirement
1)
No person may practice veterinary medicine in the state except within
the context of a valid veterinarian-client-patient relationship when a
client exists.
2)
A valid veterinarian-client-patient relationship cannot be established
solely by telephonic or other electronic means.
COMMENTARY
TO SECTION 5 - This section, which was added in 2002, emphasizes not only
that veterinary medicine must be practiced within the context of a valid
veterinary-client-patient relationship (VCPR), but also emphasizes that
because a valid VCPR requires the veterinarian to thoroughly examine the
animal, it cannot be adequately established by telephonic or other electronic
means (ie, via telemedicine).
Section 6 -
Exemptions This act shall not be construed to prohibit:
1) Any employee
of the federal, state, or local government performing his official duties.
2) Any person
who is a student in an accredited college of veterinary medicine or an
accredited program in veterinary technology performing duties or actions
assigned by instructors or working under the direct supervision of a licensed
veterinarian.Any person advising with respect to or performing acts that
the Board has designated by rule as accepted livestock management practices.
It is presumed that artificial insemination is an accepted livestock management
practice.Any person providing consultation to a licensed veterinarian
in this state on the care and management of a patient.Any member in good
standing of another licensed or regulated profession within any state,
or any member of an organization or group approved by the Board within
the rules and regulations, providing assistance requested by a veterinarian
licensed in the state, acting with informed consent from the client, and
acting under the direct or indirect supervision and control of the licensed
veterinarian. Providing assistance involves hands-on active participation
in the treatment and care of the patient. The licensed veterinarian shall
maintain responsibility for the veterinarian-client-patient relationship.Any
veterinarian employed by an accredited college of veterinary medicine
providing assistance requested by a veterinarian licensed in the state,
acting with informed consent from the client, and acting under the direct
or indirect supervision and control of the licensed veterinarian. Providing
assistance involves hands-on active participation in the treatment and
care of the patient. The licensed veterinarian shall maintain responsibility
for the veterinarian-client-patient relationship.Any merchant or manufacturer
selling at his regular place of business medicines, feed, appliances,
or other products used in the prevention or treatment of animal diseases
as permitted by law.Any owner of an animal and any of the owner's regular
employees caring for and treating the animal belonging to such owner,
except where the ownership of the animal was transferred for purposes
of circumventing this act. Notwithstanding the provisions of this subsection
8, a veterinarian-client-patient relationship must exist when prescription
drugs are administered, distributed, dispensed, or prescribed.Any instructor
at an accredited college of veterinary medicine or accredited program
in veterinary technology performing his regular functions or any person
lecturing or giving instructions or demonstrations at an accredited college
of veterinary medicine or accredited program in veterinary technology
or in connection with a veterinary or veterinary technology continuing
education course or seminar.Any person selling or applying pesticides,
insecticides, or herbicides.Any person engaging in bona fide scientific
research that reasonably requires experimentation involving animals.Any
credentialed veterinary technician, veterinary technologist, or other
employee of a licensed veterinarian performing duties other than diagnosis,
prognosis, prescription, or surgery under the direction and supervision
of such veterinarian who shall be responsible for the performance of the
employee. Any graduate of a nonaccredited college of veterinary medicine
who is in the process of obtaining an ECFVG(r) certificate and is performing
duties or actions assigned by instructors in an accredited college of
veterinary medicine. Any person who, without expectation of compensation,
provides emergency veterinary care in an emergency or disaster situation
so long as they do not represent themselves as veterinarians or use any
title or degree pertaining to the practice thereof. Any animal shelter
employee acting under the supervision of a licensed veterinarian or authorized
by the Board to perform euthanasia in the course and scope of employment.
COMMENTARY
TO SECTION 6 - This section provides a list of carefully considered exemptions
to the general rule outlined in Section 3 that it is unlawful to practice
veterinary medicine without a valid license.
"Livestock
management practices," in the context of subsection 3, refers to
those cosmetic or surgical procedures currently considered essential and
routine individual animal husbandry techniques necessary for management
of groups of animals raised at various levels of confinement. As used
in this MVPA, the term "livestock" includes cattle, horses,
sheep, goats, swine, farm-raised cervidae, and other species used in the
production of fiber, meat, and milk products. Among the acts that a state
may consider exempting by rule are dehorning, castration or emasculation
of male animals, tail docking, and artificial insemination. State humane
laws apply to farm and ranch personnel during the performance of and subsequent
aftercare associated with these exempted procedures. It behooves the attending
veterinarian to advocate on the animal's behalf to ensure that procedures
are performed at the proper age to minimize pain and discomfort and that
appropriate techniques are applied.Recognizing that a licensed veterinarian
may, in the best interest of the patient, request assistance from either
nonveterinarians with specific expertise or veterinarians who are exempt
from licensure by employment at an accredited college of veterinary medicine,
two exemptions were added to this section in 2002. These additional exemptions
(subsections 5 and 6) indicate that such individuals (nonveterinarians
and veterinarians employed at an accredited college of veterinary medicine)
may provide assistance only if the individual is acting under the supervision
of that licensed veterinarian and the licensed veterinarian maintains
responsibility for the VCPR. Acting outside these parameters constitutes
the practice of veterinary medicine, and as such, may result in penalties
specified within the act.It has been a common practice for states to allow
an owner of an animal or any of that owner's regular employees to treat
animals belonging to that owner. In subsection 8, the term "regular
employee" is used to avoid circumvention of the intent of this exemption
by individuals employed primarily to treat the owner's animals. It is
also the intent that this exemption applies only to animals being used
for agricultural or food production purposes. Furthermore, this exemption
should not apply to situations in which ownership of the animal is transferred
to qualify for the exemption. Finally, language in subsection 8 specifies
that regardless of the situation, no prescription drugs can be used during
the treatment of the animal unless a valid VCPR exists.A "good Samaritan"
exemption (subsection 14) was added in 2002.In reference to veterinary
care, including euthanasia, performed at animal shelters (subsection 15),
the AVMA urges that each Board check with the US Drug Enforcement Agency
(DEA) to determine the current requirements governing use of DEA-regulated
drugs in veterinary medicine. To be in compliance with DEA requirements,
a Board may need to require that euthanasia be performed under the direct
supervision of a licensed veterinarian or by a euthanasia technician licensed
by the Board. Any veterinary duties other than euthanasia that do not
involve DEA-registered drugs or surgery (ie, medical treatment only) can
be done under the indirect supervision of a veterinarian.
Section 7 -
Veterinary Technicians and Technologists No person may practice veterinary
technology in the state who is not a veterinary technician or technologist
credentialed by the Board.A veterinary technician or technologist who
performs veterinary technology contrary to this act shall be subject to
disciplinary actions in a manner consistent with the provisions of this
act applicable to veterinarians.Credentialed veterinary technicians and
technologists shall be required to complete continuing education as prescribed
by rule to renew their credentials.
COMMENTARY
TO SECTION 7 - Section 7 was inserted because the AVMA believes it is
important for Boards to have the authority to regulate the practice of
veterinary technology and to discipline those persons who are representing
themselves as credentialed veterinary technicians
or technologist but have not fulfilled the requirements set forth in the
definition of a veterinary technician or technologist.
Section 8 -
Status of Persons Previously Licensed Any person who holds a valid license
to practice veterinary medicine in this state on the date this act becomes
effective shall be recognized as a licensed veterinarian and shall be
entitled to retain this status so long as he complies with the provisions
of this act, including periodic renewal of the license.
COMMENTARY
TO SECTION 8 - The sole purpose of this section is to clarify the status
of veterinarians licensed under a former regulatory procedure. Such practitioners
are authorized to practice under the new act without a special reregistration
or examination. It is also clear under this Section that persons licensed
under a former act are nevertheless subject to all of the provisions of
the new act.
Section 9 -
Application for License: Qualifications Any person desiring a license
to practice veterinary medicine in this state shall make written application
to the Board. The application shall show that the applicant is a graduate
of an accredited college of veterinary medicine or the holder of an ECFVG(r)
certificate. The application shall also show that the applicant is a person
of good moral character and such other information and proof as the Board
may require by rule. The application shall be accompanied by a fee in
the amount established and published by the Board.If the Board determines
that the applicant possesses the proper qualifications, it shall admit
the applicant to the next examination, or if the applicant is eligible
for license by endorsement under Section 11 of this act, the Board may
forthwith grant him a license. If an applicant is found not qualified
to take the examination or for a license by endorsement the Board shall
notify the applicant in writing within 30 days of such finding and the
grounds therefore. An applicant found unqualified may request a hearing
on the questions of his qualifications under the procedure set forth in
Section 16.
COMMENTARY
TO SECTION 9 - Section 9 marks the beginning of sections addressing the
licensing procedure. This section specifically covers both the qualifications
a candidate must possess to be eligible for licensure and the general
process such a candidate must pursue to make application for licensure.The
qualifications stated in this section derive in part from the preamble
to the MVPA, which clearly states its scope and purpose. To facilitate
the charge stated in the preamble, the Board should only license qualified
persons of "good moral character." The Board can utilize various
means (eg, the Veterinary Information Verifying Agency [VIVA(r)], state
police background checks) in assessing the qualities of applicants for
licensure. The AVMA encourages Boards to conduct extensive checks, while
at all times assuring that the applicant's civil rights are respected.Section
9 also indicates that the Board must notify candidates of adverse decisions
within 30 days of such decisions. However, the AVMA recognizes that each
Board may need to determine its own timeframe for notification. Regardless,
it is essential that adverse decisions be forwarded in a timely manner
and include the grounds by which the Board reached its decision.
Section 10
- Examinations
1) The Board
shall provide for at least one examination for licensing, certification,
or registration during each calendar year and may provide for such additional
examinations as are necessary. The Board shall give public notice of the
time and place for each examination at least 120 days in advance of the
date set for the examination or in compliance with state law. A person
desiring to take an examination shall make application at least 60 days
before the date of the examination.
2) The preparations,
administration, and grading of examinations shall be governed by rules
prescribed by the Board. Examinations for veterinary licensure shall be
designed to test the examinee's knowledge of and proficiency in the subjects
and techniques commonly taught in an accredited college of veterinary
medicine. The passing score for the examination shall be established by
the testing entity. The Board may adopt and use the results of the examinations
prepared by the National Board of Veterinary Medical Examiners.
3) After examination,
each examinee shall be notified of the result of the examination, and
the Board shall issue a certificate of registration to the new licensees.
Any person who fails an examination shall be admitted to any subsequent
examination on payment of the application fee.
COMMENTARY
TO SECTION 10 - General examination procedures are set out in this section.
Procedures listed are purposefully broad to leave as many of the details
concerning the examination to the discretion of each Board.Although not
explicitly stated in the MVPA, to maintain the integrity and security
of national and state licensing examinations, a Board may elect to limit
the number of times a candidate may take and fail each examination in
a given time period. For example, in 1994, Missouri statute 340.240.6
limited candidates for licensure to 3 attempts to pass the National Board
Examination. This statute was challenged and upheld by the courts in April
of 1999 (Linton v Missouri Veterinary Medical Board). The current (August
28, 2002) Missouri statute limits candidates to 4 attempts to pass the
North American Veterinary Licensing Examination. The restriction on the
number of attempts should be in the practice act rather than the regulations
to provide statutory authority to any subsequent challenge. A state may
also elect to require that a candidate who fails several examinations
engage in remedial strategies prior to reapplying for examination.The
Board may wish to add the words "or its successor" after "National
Board of Veterinary Medical Examiners" (NBVME) in the second paragraph
of this section to address the possibility that a Board may elect to use
a national licensing examination created by an entity other than the NBVME
sometime in the future.
Section 11
- License By Endorsement
1) The Board,
in its sole discretion, may issue a license by endorsement to a qualified
applicant who furnishes satisfactory proof that he is a graduate of an
accredited college of veterinary medicine or holds an ECFVG(r) certificate.
The applicant must also show that he is a person of good moral character,
and:a) is currently licensed to practice veterinary medicine in at least
one state, territory, or district of the United States and has practiced
veterinary medicine in one or more of those states without disciplinary
action by any state or federal agency for at least the three years immediately
prior to filing the application, orb) has within the three years immediately
prior to filing the application passed the licensing examination prepared
by the National Board of Veterinary Medical Examiners.
2) The Board
may, in its sole discretion, issue a limited license by endorsement to
a qualified applicant who furnishes satisfactory proof that he is a graduate
of an accredited college of veterinary medicine or holds an ECFVG(r) certificate.
The applicant must also show that he is a person of good moral character,
currently holds a license to practice in at least one state, is an active
diplomate in an AVMA-recognized veterinary specialty organization, and
will limit his practice to his certified specialty.
3) At its sole
discretion, the Board may examine any person qualifying for licensing
under this Section.
COMMENTARY
TO SECTION 11 - This section addresses situations in which the Board may
issue a license by endorsement. The AVMA urges state to adopt a position
that any veterinarian who has graduated from an AVMA-accredited institution
or fulfilled the requirements of the ECFVG program and passed an entry
level examination and practiced for at least 3 years without disciplinary
action by any state or federal agency would be eligible for license by
endorsement in any state within the United States. Certain Boards, perhaps
most likely those in northern border states, may wish to add inclusive
language (eg, "or province of Canada") after "at least
one state, territory, or district of the United States" in subsection
1(a) to allow veterinarians licensed in Canada to seek license by endorsement.In
certain states, agencies other than the Board may have jurisdictions that
exercise control over certain aspects of veterinary licensure. For example,
it is a common requirement that applicants for license by endorsement
pass an examination on a state's laws and rules related to veterinary
medicine. The impetus for such requirements can also be driven by state
pesticide regulations that require certification and permits for pesticide
applicators and distributors. In other states, licensure or relicensure
of those veterinarians with a state tax delinquency may be under the jurisdiction
of a state agency other than the Board.
Section 12
- Temporary Permit
The Board, in its sole discretion, may issue a temporary permit to practice
veterinary medicine in this state:
1) To a qualified
applicant for license pending examination, provided that such temporary
permit shall expire the day after the notice of results of the first examination
given after the permit is issued and provided that the grantee is under
supervision of a licensed veterinarian. No temporary permit may be issued
to any applicant who has previously failed the examination in this state
or in any other state, territory, or district of the United States or
a foreign country
.2) To a nonresident
veterinarian who is a graduate of an accredited college of veterinary
medicine or an ECFVG(r) certificate holder validly licensed in another
state, territory, or district of the United States or a foreign country
who pays the fee established and published by the Board, provided that
such temporary permit shall be issued for a period of no more than 60
consecutive days and that no more than one permit shall be issued to a
person during a calendar year. A temporary permit may be summarily revoked
or limited by the Board without a hearing.
COMMENTARY
TO SECTION 12 - This section authorizes the Board to grant temporary permits
for the practice of veterinary medicine to two categories of individuals:
qualified applicants pending examination and nonresident veterinarians
who are graduates of an accredited college or ECFVG certificate holders
and who are validly licensed in the United States or another country.
The AVMA supports the policy of states offering temporary permits to practice
to qualified but unlicensed applicants waiting to take the licensing examination(s),
with the added stipulation that such applicants must work under the supervision
of a veterinarian licensed in that state. Furthermore, a nonresident veterinarian
meeting all other application requirements (ie, graduation from an accredited
college of veterinary medicine or completion of the ECFVG program) and
holding a license to practice in another state or country may be granted
a temporary permit to practice and may do so with or without supervision
of a veterinarian licensed to practice in that state.Each state veterinary
medical licensing board may wish to add language to the last line of this
section to indicate whether the decision of the board to summarily revoke
or limit temporary permits is to be made on the basis of a simple majority
of voting membership, a simple majority of a quorum present, or a 2/3
majority of either the voting membership or quorum present.Section 13
- License Renewal
1) All licenses
shall expire periodically but may be renewed by registration with the
Board and payment of the registration renewal fee established and published
by the Board. At least 30 days in
advance, the Board shall mail a notice to each licensed veterinarian that
his license will expire and provide him with a form for reregistration.
The Board shall issue a new certificate of registration to all persons
registering under this act.
2) The Board
shall establish the continuing education requirements that must be met
for license renewal. The Board shall also define the types of continuing
education that will meet its requirements and may establish a certifying
process to approve educational activities that meet its requirements.
3) Any person
who shall practice veterinary medicine after the expiration of his license
and willfully or by neglect fail to renew such license shall be practicing
in violation of this act. Any person may renew an expired license within
five years of the date of its expiration by making written application
for renewal, paying the current renewal fee plus all delinquent renewal
fees, and complying with current continuing education requirements.4)
The Board may by rule waive the payment of the registration renewal fee
of a licensed veterinarian during the period when he is on active duty
with any branch of the armed services of the United States.
COMMENTARY
TO SECTION 13 - This section contains information regarding expiration
of veterinary licenses and renewal fees. It provides details of notification
procedures and issuing of new certificates. This section also specifies
that any person practicing after expiration of his license and who willfully
or by neglect fails to renew shall be in violation of the Act. It provides
that a person has up to 5 years after expiration of his license to renew
the license by application and payment of fees and penalties in addition
to complying with current continuing education (CE) requirements. After
5 years have elapsed, the individual must reapply for licensure.This section
also allows each Board to establish its own CE requirements and, if so
desired, to develop a certifying process for approval of CE courses. It
also establishes that by rule, renewal fees can be modified for individuals
on duty in the military. It is important to note that the intent of this
last clause is to allow only waiver of fees. An individual on active duty
in the military will still be required to renew his license.
Section 14
- Discipline of Licensees Upon written complaint sworn to by any person
the Board, in its sole discretion, may, after a hearing, revoke, suspend,
or limit for a certain time the license of, or otherwise discipline, any
licensed veterinarian for any of the following reasons:
1) The employment
of fraud, misrepresentation, or deception in obtaining a license.
2) The inability
to practice veterinary medicine with reasonable skill and safety because
of a physical or mental disability, including deterioration of mental
capacity, loss of motor skills, or abuse of drugs or alcohol of sufficient
degree to diminish the person's ability to deliver competent patient care.
3) The use
of advertising or solicitation that is false or misleading.
4) Conviction
of the following in any federal court or in the courts of this state or
any other jurisdiction, regardless of whether the sentence is deferred.a)
Any felonyb) Any crime involving cruelty, abuse, or neglect of animals,
including bestiality c) Any crime of moral turpituded) Any crime involving
unlawful sexual contact; child abuse; the use or threatened use of a weapon;
the infliction of injury; indecent exposure; perjury, false reporting,
criminal impersonation, forgery and any other crime involving a lack of
truthfulness, veracity, or honesty; intimidation of a victim or witness;
larceny; or alcohol or drugs.
5) For the
purposes of this subsection 4, a plea of guilty or a plea of nolo contendere
accepted by the court shall be considered as a conviction.
6) Incompetence,
gross negligence, or other malpractice in the practice of veterinary medicine.
7)
Aiding the unlawful practice of veterinary medicine.
8) Fraud or
dishonesty in the application or reporting of any test for disease in
animals.
9) Failure
to report, as required by law, or making false or misleading report of,
any contagious or infectious disease.
10) Failure
to keep accurate and comprehensive patient records as set by rules promulgated
by the Board.
11) Dishonesty
or gross negligence in the performance of food safety inspections or the
issuance of any health or inspection certificates.
12) Failure
to keep veterinary premises and equipment, including practice vehicles,
in a clean and sanitary conditions as set by rules promulgated by the
Board.12
13) Failure
to permit the Board or its agents to enter and inspect veterinary premises
and equipment, including practice vehicles, as set by rules promulgated
by the Board.
14) Revocation,
suspension, or limitation of a license to practice veterinary medicine
by another state, territory, or district of the United States on grounds
other than nonpayment of registration fee.
15) Loss or
suspension of accreditation by any federal or state agency on grounds
other than nonpayment of registration fees or voluntary relinquishment
of accreditation.
16) Unprofessional
conduct as defined in regulations adopted by the Board.
17) The dispensing,
distribution, prescription, or administration of any veterinary prescription
drug, or the extralabel use of any drug in the absence of a valid veterinarian-client-patient
relationship.
18) Violations
of state or federal drug laws.
19) Violations
of any order of the Board.
20) Violations
of this act or of the rules promulgated under this act.
COMMENTARY
TO SECTION 14 - This section, together with Sections 16, 17, and 22, provides
the procedures for initiating and enforcing disciplinary action against
individuals violating any section of this Act. Language in section 14
specifically delineates the reasons for which the Board may initiate hearing
procedures and disciplinary actions against licensed veterinarians.The
AVMA recommends that each Board require that complaints be made in writing
and provide positive identification of the complainant by means deemed
sufficient by the Board.Subsection 15 of this section addresses loss or
suspension of accreditation by any federal or state agency on grounds
other than nonpayment of registration fees as a reason for possible disciplinary
action. Accreditation by federal and state departments of agriculture
for duties relating to certification of animal health and for transport
of products from animals is the most common form of accreditation, and
is the context in which the term "accreditation" is generally
used. It is possible that a veterinarian might be accredited by federal
or state agencies for purposes not directly related to veterinary medicine.
To protect the public welfare, subsection 15 provides for a hearing and
possible disciplinary action against a license holder as a consequence
of the loss of any federal or state accreditation. As with all matters
relating to this section, the Board will follow normal processes and use
appropriate discretion in determining whether such accreditation loss
is sufficient reason for hearing and discipline.Inclusion of subsection
20 emphasizes that a violation of any rule or regulation created under
the provisions of this Act is considered a violation of the Act and is,
therefore, reason for hearing and possible discipline by the Board.
Section 15
- Impaired Veterinarian
1) The Board
shall establish by rule a program of care, counseling, or treatment for
impaired veterinarians.
2) The program
of care, counseling, or treatment shall include a written schedule of
organized treatment, care, counseling, activities, or education satisfactory
to the Board, designed for the purposes of restoring an impaired person
to a condition whereby the impaired person can practice veterinary medicine
with reasonable skill and safety of a sufficient degree to deliver competent
patient care.
3) All persons
authorized to practice by the Board shall report in good faith any veterinarian
they reasonably believe to be impaired as defined in Section 2, subsection
12.
COMMENTARY
TO SECTION 15 - This section addresses the licensed veterinarian who is
in violation of the practice act according to Section 14, subsection 2,
which provides for the revocation, suspension, or restriction of the veterinary
license of any veterinarian whose mental or physical ability to practice
veterinary medicine with reasonable skill and safety is impaired. "Impaired
veterinarian" is clearly defined in Section 2, subsection 12.
Specific classes
of impairment (eg, abuse of alcohol or other drugs) may be recognized
as primary and progressive disease entities for which there is no cure,
but which may be successfully treated and arrested. Therefore, it is appropriate
that the Board be required to establish a program of care, counseling,
or treatment for impaired veterinarians. Such a program will then be available
for those licensed veterinarians who are identified and reported to the
Board as well as for veterinarians who voluntarily submit to treatment.The
language in subsection 2 is left broad in recognition of the different
levels of resources that each state has available for the development
of impairment programs. State licensing boards should adopt rules and
regulations that will encourage impaired veterinarians to seek treatment
in an approved treatment and rehabilitation program and not interfere
with an impaired individual who is undergoing treatment and making satisfactory
progress or who is in a program of successful recovery. Promulgated rules
should provide that a veterinarian who has been determined by a qualified
health care professional to be impaired shall enter into an agreement
with the Board in which the veterinarian agrees to participate in a program
designed to provide care and treatment specifically for health care professionals
and which has been approved by the Board. The agreement may include, but
not be limited to, the length of the program, the status of the licensee
while in a treatment program, and a termination clause whereby both parties
may terminate the agreement at any time. The process should allow for
the veterinarian to continue in an after-care program until he is released
upon successful completion of the structured treatment program.Promulgated
rules should also provide that the identity of impaired individuals and
the contents of any reports relating to that individual while in treatment
be treated with absolute confidentiality, unless treatment is refused
or a previously treated individual refuses to reenter a treatment center
following a relapse. In addition, the rules should indicate that the contents
of confidential reports relating to impaired veterinarians in approved
treatment programs shall not be used or made available in any other administrative
proceedings before the Board or any other agency. Further, the reports
shall not be disclosed, made available, or be subject to subpoena or discovery
proceedings in any civil or criminal court proceedings. Impaired veterinarians
refusing treatment should be subject to appropriate disciplinary procedures.Treatment
programs for impaired veterinarians may either be provided under the auspices
of the Board or through a formalized contract with an independent entity
whose program meets the standards set by the Board. The Board may wish
to work closely with state veterinary medical associations that have committees
organized to assist impaired veterinarians when questions of discipline
relating to impairment are being considered.Subsection 3 was inserted
to provide for mandatory reporting of all impaired veterinarians.Section
16 - Hearing ProcedureAll hearings shall be in accordance with the Administrative
Procedures Act of this state or other applicable state law.
COMMENTARY
TO SECTION 16 - This section establishes the hearing procedure for any
person who is the subject of a complaint under Section 14 of the Act;
found to be an unqualified applicant for licensure under Section 9 of
the Act; or as required in accordance with Section 22 of the Act. The
principle underlying this section is that no person shall be denied the
right to practice or be otherwise disciplined unless he has been granted
a fair hearing on the charges brought against him.The language in this
section was left broad in recognition that in most states, hearings are
conducted under the provisions defined in the state's administrative procedures
act or other applicable laws. There may be certain provisions that may
be exempted which would need to be noted. In addition, if there are unique
provisions specific to the veterinary practice act, these would need to
be so stated.
Section 17
- Appeal All appeals shall be in accordance with the Administrative Procedures
Act of this state or other applicable state law.
COMMENTARY
TO SECTION 17 - This section expressly provides a right of appeal to any
person dissatisfied with the decision of the Board. As with the language
in Section 16, this language was left broad in recognition that in most
states, the appeal process is conducted under the provisions defined in
the state's administrative procedures act or other applicable laws. There
may be certain provisions that may be exempted which would need to be
noted. In addition, if there are unique provisions specific to the veterinary
practice act, these would need to be so stated.
Section 18
- Reinstatement Any person whose license is suspended, revoked, or limited
may be reinstated at any time, with or without an examination, by approval
of the Board after written application is made to the Board showing cause
justifying relicensing or reinstatement.
COMMENTARY
TO SECTION 18 - This section permits the Board to reinstate a suspended,
revoked, or limited license at any time with or without examination. Each
Board may wish to add language to this section to indicate whether approval
of the Board means an affirmative vote of a simple majority of either
the voting membership or quorum present, or whether approval of the Board
will require a 2/3 majority of either the voting membership or quorum
present.
Section 19
- Veterinarian-Client Confidentiality
1) No licensed
veterinarian shall disclose any information concerning the licensed veterinarian's
care of a patient except on written authorization or by waiver by the
licensed veterinarian's client or on appropriate court order, by subpoena,
or as otherwise provided in this Section.
2) Copies of
or information from veterinary records shall be provided without the owner's
consent to public, animal health, animal welfare, wildlife, or agriculture
authorities, employed by federal, state, or local governmental agencies
who have a legitimate interest in the contents of said records for the
protection of animal and public health.
3) Any licensed
veterinarian releasing information under written authorization or other
waiver by the client or under court order, by subpoena, or as otherwise
provided by this Section shall not be liable to the client or any other
person.
4) The privilege
provided by this Section shall be waived to the extent that the licensed
veterinarian's client or the owner of the patient places the licensed
veterinarian's care and treatment of the patient or the nature and extent
of injuries to the animal at issue in any civil criminal proceeding.
COMMENTARY
TO SECTION 19 - This section was inserted in recognition of existence
of the veterinarian-client privilege. This means that information related
to patient care should remain confidential except under certain well-defined
exceptions. The AVMA also encourages each state
board to be familiar with other open-records laws (eg, laws relating to
the Freedom of Information Act) at the federal and state level that must
be taken into consideration.
Section 20
- Immunity from Liability Any member of the Board, any witness testifying
in a proceeding or hearing authorized under this act, any person who lodges
a complaint pursuant to this act, and any person reporting an impaired
veterinarian shall be immune from liability in any civil or criminal action
brought against him for any action occurring while he was acting in his
capacity as a Board member, witness, complainant, or reporting party,
if such person was acting in good faith within the scope of his respective
capacity.
COMMENTARY
TO SECTION 20 - This section was included to encourage members of the
public (including veterinarians) to report, in good faith, any veterinarian
whose conduct or status may have violated the provisions of the practice
act. It is also intended to promote and facilitate full, fair, and truthful
disclosure to the Board and allow the Board to make good faith decisions
thereon. Any member of the Board, any witness or complainant, and any
reporting party who acts in bad faith would not be protected under the
provisions of this section.
Section 21
- Cruelty to Animals - Immunity for Reporting Any veterinarian licensed
in this state who reports, in good faith and in the normal course of business,
a suspected incident of animal cruelty, as described by law, to the proper
authorities shall be immune from liability in any civil or criminal action
brought against such veterinarian for reporting such incident.
COMMENTARY
TO SECTION 21 - This section was inserted to encourage veterinarians to
report animal abuse to the appropriate authorities providing immunity
to the reporting veterinarian. The AVMA recognizes that veterinarians
may observe cases of animal abuse or neglect as defined by federal or
state laws or local ordinances. The AVMA considers it the responsibility
of the veterinarian to report such cases to appropriate authorities. Disclosure
may be necessary to protect the health and welfare of animals and people.
Veterinarians should be aware that accurate record keeping and documentation
of these cases are invaluable. Any veterinarian who acts in bad faith
would not be protected under the provisions of this section.
Section 22
- Enforcement
1) Any person
who practices veterinary medicine without a valid license or temporary
permit issued by the Board shall be guilty of a criminal offense and upon
conviction for each violation shall be fined [an appropriate amount of
money according to the Board or the laws of the state] or imprisoned [an
appropriate amount of time according to the Board or the laws of the state],
provided that each act of such unlawful practice shall constitute a distinct
and separate offense.
2)
Any person not licensed under this act is considered to have violated
this act and may be subject to all the penalties provided for such violations
if he:
a)
Performs any of the functions described as the practice of veterinary
medicine as defined in this act, or
b) Represents, directly or indirectly, publicly or privately, an
ability and willingness to perform any of the functions described as the
practice of veterinary medicine as defined in this act, or
c) Uses any title, words, abbreviation, or letters in a manner or under
circumstances that induces the belief that the person using them is qualified
to perform any of the functions described as the practice of veterinary
medicine as defined in this act.
3)
The Board or any citizen of this state may bring an action to enjoin any
person from practicing veterinary medicine without a currently valid license
or temporary permit issued by the Board. If the court finds that the person
is violating or is threatening to violate this act, it shall enter an
injunction restraining him from such unlawful acts.
4) Not withstanding
other provisions of this act, the Board may take immediate action if there
is an imminent threat to the health, safety, or welfare of the public.
The Board shall find that this action is necessary for the protection
of the public and necessary to effectively enforce this act. If the Board
takes immediate action pursuant to this subsection 4, efforts shall be
made as soon as possible to proceed in accordance with a hearing pursuant
to Section 16 of this act.
5)
In addition to any other penalty or remedy provided by law, the Board
shall have the authority to implement a system of Cite and Fine procedures
for licensed and nonlicensed persons who violate the state veterinary
practice act. The Board may also impose a civil penalty, upon conviction,
for each separate violation. This civil penalty shall be in an amount
not to exceed [dollar amount] for each violation and shall be assessed
by the Board in accordance with the provisions set forth in Section 16
of this act.
6) The success
or failure of an action based on any one of the remedies set forth in
this Section shall in no way prejudice the prosecution of an action based
on any other of the remedies.
COMMENTARY
TO SECTION 22 - Under this section, any licensed or nonlicensed person,
veterinarian or nonveterinarian, who engages in unlawful practice of veterinary
medicine may have criminal action brought against him. He may be fined
or imprisoned. Each act of unlawful practice constitutes a separate crime.Subsection
3 provides that any person who engages in illegal practice may be enjoined
from such practice in action brought by the Board or any citizen of the
state. In some states, the terminology "or any citizen of the state"
may not be appropriate if such terminology is in conflict with other laws
of the state that have precedence.Subsection 5 indicates that the Board
is authorized to implement a system of Cite and Fine procedures and to
impose civil penalties for licensed and nonlicensed persons who violate
the state veterinary practice act. The Board in accordance with laws of
each state would establish these procedures, including the amount of the
fines or the time of imprisonment. Subsection 6 indicates that all of
the remedies set forth in this section are available in any case and that
enforcement of this act through one remedy does not prevent the use of
other remedies
Section 23
- Severability If any part of this act is held invalid by a court of competent
jurisdiction, all valid parts that are severable from the invalid part
remain in effect.
COMMENTARY
TO SECTION 23 - Section 23 is what is known as a severability clause.
This section simply provides that if any part of the Act should be found
invalid, this finding of invalidity shall not affect any portion of the
Act found valid.
Section 24
- Effective Date This act shall become effective on - 1st, 20--. This
act does not affect rights and duties that matured, penalties that were
incurred, and proceedings that were begun before its effective date.
COMMENTARY
TO SECTION 24 - This section sets out the effective date of the Act and
provides for the handling of matters during the transition to the new
procedure. The Board should also recognize that obsolete laws or laws
superseded by changes to the Act must first be repealed.
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