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Issues > Policy > Model Veterinary Practice Act
 
AVMA policy
 
Model Veterinary Practice Act
(Approved by the AVMA Executive Board, November 2003, revised April 2007, November 2007)
 

Introduction to the 2003 AVMA Model Veterinary Practice Act
The 2003 American Veterinary Medical Association (AVMA) Model Veterinary Practice Act (MVPA), like all previous versions, is intended to serve as a model set of guiding principles for those who are now or will be in the future preparing or revising a practice act under the codes and laws of an individual state. Commentary following each section of the MVPA, which was prepared by the AVMA Practice Act Task Force (PATF), the entity charged with revising the 1997 MVPA, also serves a similar purpose.

The first AVMA Model Veterinary Practice Act was developed by the Judicial Council of the AVMA, in cooperation with Professor N. William Hines of the University of Iowa College of Law, in the early 1960s. The AVMA House of Delegates approved this first MVPA in 1964, and since then, the MVPA has been revised several times to reflect professional, technological, and societal changes. In 2000, recognizing the need for a complete review of the MVPA, the AVMA Executive Board established the PATF. The PATF consisted of two representatives from the AVMA Executive Board, one representative from the AVMA Council on Veterinary Service (the oversight entity for the existing MVPA), and one representative from the AVMA Judicial Council (the entity responsible for drafting the original MVPA). In November 2000, an additional member was added representing the Committee on Veterinary Technician Education and Activities.

The revision process began during the fall of 2000, and in February 2001, a first draft revised MVPA was distributed for review to several entities, including members of the AVMA House of Delegates and executive directors of state veterinary medical associations and allied organizations. Additional input was then sought from a broader representation of interested stakeholders, and in 2002 five new members were added to the PATF representing food animal practice, state licensing boards, the American Veterinary Medical Law Association, veterinary specialty boards, and the public. The expanded 10-member PATF met three more times to complete the revision process. A draft revised MVPA resulted and was distributed for comment. Comments were received and considered by the PATF, and the AVMA Executive Board approved the final revised MVPA in May 2003.

Because the MVPA is intended to evolve as technology, the veterinary profession, and societal needs change, comments are welcome and should be directed to the Council on Veterinary Service at the AVMA, 1931 N Meacham Rd, Suite 100, Schaumburg, Illinois 60173-4360.

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 Abandoned Animals
SECTION 23 Enforcement
SECTION 24 Severability
SECTION 25 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:

  1. "Abandoned" means to forsake entirely, to neglect or refuse to provide or perform legal obligations for the care and support of an animal, or to refuse to pay for treatment or other services without an assertion of good cause. Such abandonment shall constitute the relinquishment of all rights and claims by the client to such an animal.
  2. "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).
  3. "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.
  4. "Animal" means any animal other than a human.
  5. "Board" means the [State Board of Veterinary Medicine].
  6. "Client" means the patient's owner, owner's agent, or other person responsible for the patient.
  7. "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.
  8. "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.
  9. "Credentialed veterinary technician or technologist" means a veterinary technician or veterinary technologist who is validly and currently registered, certified, or licensed by the Board.
  10. "Direct supervision" means a licensed veterinarian is readily available on the premises where the patient is being treated.
  11. "ECFVG® certificate" means the certificate issued by the Educational Commission for Foreign Veterinary Graduates® 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.
  12. "Extralabel use" means actual use or intended use of a drug in an animal in a manner that is not in accordance with the approved labeling. This includes, but is not limited to, use in species not listed in the labeling, use for indications (disease or other conditions) not listed in the labeling, use at dosage levels, frequencies, or routes of administration other than those stated in the labeling, and deviation from the labeled withdrawal time based on these different uses.
  13. "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.
  14. "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.
  15. "Owner consent" means the veterinarian has informed the client, in a manner that would be understood by a reasonable person, 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.
  16. "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state.
  17. "Patient" means an animal that is examined or treated by a veterinarian.
  18. "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.
  19. "Practice of veterinary medicine" means:
    1. 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:
      1. 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
      2. the use of complementary, alternative, and integrative therapies, or
      3. the use of any manual or mechanical procedure for reproductive management, or
      4. the rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to any of the above.
    2. To represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subsection 19(a).
    3. 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. "Practice of veterinary technology" means:
    1. 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.
    2. To represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in subsection 20(a).
    3. 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 20(a).
  21. "Veterinarian" means a person who has received a professional veterinary medical degree from a college of veterinary medicine.
  22. "Veterinarian-client-patient relationship" means that all of the following are required:
    1. 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.
    2. 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.
    3. 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.
  23. "Veterinary medicine" means all branches and specialties included within the practice of veterinary medicine.
  24. "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.
  25. "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 use by or on the order of a licensed veterinarian."
  26. "Veterinary specialist" means that a veterinarian has completed all of the requirements to become a Diplomate within an AVMA-recognized veterinary specialty organization.
  27. "Veterinary technician" means a graduate of a two- or three-year accredited program in veterinary technology.
  28. "Veterinary technologist" means a graduate of a four-year accredited program in veterinary technology.
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 2). 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 3).

The definition of the practice of veterinary medicine in the 2003 revision includes the use of complementary, alternative, and integrative therapies, which is also defined in Section 2, subsection 7. The definition used for the MVPA is based largely on that in the AVMA Guidelines for Complementary and Alternative Veterinary Medicine, which was approved by the AVMA Executive Board in 2001. The addition of complementary, alternative, and integrative therapies to the MVPA should be viewed as a public protection issue, because if these definitions are excluded, the state has no authority to discipline an individual, whether a licensed veterinarian or not, who causes harm to an animal as a result of practicing such therapies. 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 animal drugs as a treatment modality, "animal drugs" could be defined as articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in an animal, or articles intended to affect the structure or any function of the body of an animal. 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. 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. Owner consent should be obtained prior to initiating any treatment, including complementary, alternative, and integrative therapies.
In subsection 8, "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 11, reference is made to the ECFVG program. The Educational Commission for Foreign Veterinary Graduates® (ECFVG®) 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 12, "extralabel use" is defined as written in federal regulation 21CFR530.3(a), which implements the Animal Medicinal Drug Use Clarification Act (AMDUCA).

In subsection 15, "owner 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 19 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 intention of this section is not to prevent nonveterinarians from discussing animal care; it is intended to regulate the practice of telemedicine. Several exemptions are included within Section 6 to clarify this intent.

The definition of "veterinarian-client-patient relationship" in subsection 22 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." States may also wish to further specify that in the case of large production enterprises, a VCPR means that a veterinarian has recently seen and is personally acquainted with the keeping and care of representative animals and associated husbandry practices.

The definition of "veterinary specialist" (subsection 26) was added to the MVPA in 2003 to clearly define for the public and the profession what is meant by "veterinary specialist." The Principles of Veterinary Medical Ethics of the AVMA also states that "It is unethical for veterinarians to identify themselves as members of an AVMA-recognized specialty organization if such certification has not been awarded." In Polices and Procedures of the AVMA American Board of Veterinary Specialties, it is also stated that: "Veterinarians should not in any way imply they are specialists unless they are certified by an AVMA-recognized veterinary specialty organization," and "The use of the terms 'board eligible' or 'board qualified' as an indication of special qualification is potentially misleading to the public and should not be used in any public communication or other solicitation."

The definitions of "veterinary technician" and "veterinary technologist" (subsections 27 and 28) are included to emphasize the belief that the educational pathway of choice for a veterinary technician or technologist throughout the United States should be graduation from an AVMA-accredited or CVMA (Canadian Veterinary Medical Association)-accredited program, as defined in this MVPA. With the increasing number of accredited veterinary technology programs in the United States, both in traditional settings and as distance-learning modalities, it can no longer be stated that an individual wishing to become a veterinary technician or technologist does not have access to an accredited educational program.

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.
    1. 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.
    2. 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.
    3. Any member of the Board may be removed in accordance with the Administrative Procedures Act of this state or other applicable laws.
  2. 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:
    1. 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.
    2. 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.
    3. 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.
    4. Examine by established protocol the qualifications and fitness of applicants for a license to practice veterinary medicine in the state.
    5. Issue, renew, or deny the licenses and temporary permits to practice veterinary medicine in this state.
    6. Limit, suspend, or revoke the licenses of disciplined veterinarians or otherwise discipline licensed veterinarians consistent with the provisions of the act and the rules and regulations adopted thereunder.
    7. Establish and publish annually a schedule of fees for licensing, certification, and registration.
    8. 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.
    9. Inspect veterinary premises and equipment, including practice vehicles, at any time in accordance with protocols established by rule.
    10. 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.
    11. Employ full or part-time personnel necessary to effectuate the provisions of this act and purchase or rent necessary office space, equipment, and supplies.
    12. 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.
    13. 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 the 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. Moreover, the number of Board members listed in subsection 1 of Section 3 is a suggestion based on current practice. Individual states may wish to vary this number, but all Boards should include a number of licensed veterinarians, at least one credentialed veterinary technician or technologist, and at least one public member.

Although not explicitly stated in subsection 1 of the 2003 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 veterinarian-client-patient relationship.
  2. A veterinarian-client-patient relationship cannot be established solely by telephonic or other electronic means.
COMMENTARY TO SECTION 5—This section, which was added in 2003, emphasizes not only that veterinary medicine must be practiced within the context of a veterinarian-client-patient relationship (VCPR), but also emphasizes that because a VCPR requires the veterinarian to thoroughly examine the animal, it cannot be adequately established by telephonic or other electronic means (ie, via telemedicine) alone. However, once established, a VCPR may be able to be maintained between medically necessary examinations via telephone or other types of consultations.

An exemption was also added to Section 6 in 2003 to clarify that the MVPA shall not be construed to prohibit any person rendering advice without expectation of compensation. This exemption might include internet listserves, chat rooms, and discussion groups, as well as breeders or other individuals offering general advice.

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.
  3. Any person advising with respect to or performing acts that the Board has designated by rule as accepted livestock management practices.
  4. Any person providing consultation to a licensed veterinarian in this state on the care and management of a patient.
  5. 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 owner 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.
  6. Any veterinarian employed by an accredited college of veterinary medicine providing assistance requested by a veterinarian licensed in the state, acting with owner 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.
  7. Any pharmacist, 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.
  8. Any person lawfully engaged in the art or profession of horseshoeing.
  9. Any person rendering advice without expectation of compensation.
  10. 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 10, a veterinarian-client-patient relationship must exist when prescription drugs or nonprescription drugs intended for extralabel use are administered, dispensed, or prescribed.
  11. Any person who provides appropriate training for animals that does not include diagnosing or the prescribing or dispensing of any therapeutic agent.
  12. 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.
  13. Any person selling or applying pesticides, insecticides, or herbicides as permitted by law.
  14. Any person engaging in bona fide scientific research that reasonably requires experimentation involving animals.
  15. 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.
  16. Any graduate of a nonaccredited college of veterinary medicine who is in the process of obtaining an ECFVG® certificate and is performing duties or actions assigned by instructors in an accredited college of veterinary medicine.
  17. Any person who, without expectation of compensation, provides emergency veterinary care in an emergency or disaster situation.
  18. 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.

Subsection 1 exempts any federal, state, or local government employee performing his official duties. This exemption is intended to include full-time, temporary, or contract employees, particularly in the case of emergency outbreak events or disaster situations.

"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 camilidae, and other species used in the production of fiber, meat, and milk products. State legislatures, as a part of the veterinary practice act, should identify, list, or describe those factors the Board must or should consider in determining whether a particular procedure, technique, or endeavor is an accepted livestock management practice. Among the acts that a state may consider exempting by rule are nonsurgical methods of artificial insemination, dehorning, castration or emasculation of male animals, and tail docking. 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 2003. 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 direct or indirect supervision of a 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 10, 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. 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 10 specifies that regardless of the situation, no prescription drug or nonprescription drug intended for extralabel use can be administered, dispensed, or prescribed during the treatment of the animal unless a VCPR exists. This latter requirement reflects language embodied in federal regulation 21CFR530 (which implements the Animal Medicinal Drug Use Clarification Act [AMDUCA]). Classification of animal drugs and biologics as to prescription or over-the-counter is not the purview of the state practice act, but rather the purview of the United States Food and Drug Administration, the United States Department of Agriculture, and, in some cases, state law.

A "good Samaritan" exemption (subsection 17) was added in 2003.

In reference to veterinary care, including euthanasia, performed at animal shelters (subsection 18), the AVMA urges that each Board check with the US Drug Enforcement Administration (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

Section 7 — Veterinary Technicians and Technologists

  1. No person may practice veterinary technology in the state who is not a veterinary technician or technologist credentialed by the Board.
  2. 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.
  3. 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 7, together with subsection 4b of Section 3, allows Boards to develop rules and regulations governing the practice of veterinary technology in a separate but related document to the veterinary practice act. States may instead choose to add statutory language pertaining to the practice of veterinary technology within its veterinary practice act or may choose to develop a separate veterinary technology practice act.

It should also be noted that although subsection 4b of Section 3 provides Boards with the power to 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, it should not be construed that this MVPA intends for states to adopt alternate educational routes for veterinary technicians and technologists. Indeed, it is clearly stated in Section 2, subsections 27 and 28, that a "veterinary technician or technologist" means a graduate of a two- or three-year accredited program in veterinary technology or a four-year accredited program in veterinary technology, respectively.

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

  1. 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® 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.
  2. 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®], 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 pertaining to the practice of veterinary medicine 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 may 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® certificate. The applicant must also show that he is a person of good moral character, and:
    1. 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, or
    2. 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 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 each 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 indirect 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® 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 indirect 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 indirect 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.
  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 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.
    1. Any felony
    2. Any crime involving cruelty, abuse, or neglect of animals, including bestiality
    3. Any crime of moral turpitude
    4. 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 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.
  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 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.

The MVPA leaves "unprofessional conduct" (subsection 16) to be defined in the rules adopted by the Board. It is suggested that the following be included in the acts listed as constituting unprofessional conduct: "Stating or implying that the licensed veterinarian is a certified or recognized specialist unless that veterinarian is currently certified by an AVMA-recognized veterinary specialty organization."

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 13.
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.

Assessment and 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 Procedure
All 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 23 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 legal or regulatory 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 reflects the ethical obligation of veterinarians and their employees to consider information from clients and veterinary medical records privileged and confidential. This section recognizes that an important objective of the veterinarian-client-patient relationship is to encourage clients to provide the fullest extent of information possible to the veterinarian so that a reasonable determination might be made about an animal's condition. Section 19 in the MVPA is modeled on 59 Okla. Rev. Stat. § 698.16a. Similar statutes exist in Georgia, Kansas, Illinois, Missouri, and Texas.

As stated in this Section 19, information and records 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. It should also be noted that subsection 1 refers to "waiver by the licensed veterinarian's client." Such waiver includes written documentation of a client's verbal consent.

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 by 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 – Abandoned Animal

  1. Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which is unclaimed by the client for more than ten days after written notice by certified mail, return receipt requested, or US priority mail, confirmation of receipt, is sent to the client at the client's last known address shall be deemed to be abandoned. Such abandoned animal may be turned over to the nearest humane society or animal shelter, or otherwise disposed of or destroyed by the licensed veterinarian in a humane manner.
  2. If notice is sent pursuant to subsection 1 of this Section, the licensed veterinarian responsible for such abandoned animal is relieved of any further liability for disposal. If a licensed veterinarian follows the procedures of this Section, the veterinarian shall not be subject to disciplinary action under Section 14 of this Act, unless such licensed veterinarian fails to provide the proper notification to the client.
  3. The disposal of an abandoned animal shall not relieve the client of any financial obligation incurred for treatment, boarding, or other care provided by the licensed veterinarian.
COMMENTARY TO SECTION 22— This section was inserted to encourage responsible animal ownership and to provide a standardized procedure for veterinarians to address animals that may have been abandoned by a client. Section 22 is modeled on Rev. Stat. Ann. § 340.288 of the Missouri Veterinary Practice Act, and many states have adopted the same or similar abandoned animal statutes.

Section 23 – 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:
    1. Performs any of the functions described as the practice of veterinary medicine as defined in this act, or
    2. 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
    3. 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 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 23—Under this section, any licensed or nonlicensed person, veterinarian or nonveterinarian, who engages in the 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 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 24 – 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 24—Section 24 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 25 – 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 25—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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