Docstoc

499

Document Sample
499 Powered By Docstoc
					                                   South Carolina General Assembly
                                       116th Session, 2005-2006

S. 499

STATUS INFORMATION

General Bill
Sponsors: Senator Verdin
Document Path: l:\s-res\dbv\005vetp.mrh.doc
Companion/Similar bill(s): 3615

Introduced in the Senate on February 16, 2005
Last Amended on April 19, 2005
Currently residing in the Senate Committee on Labor, Commerce and Industry

Summary: Licensure and regulation of the State Board of Veterinary Medicine


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 2/16/2005   Senate   Introduced and read first time SJ-10
 2/16/2005   Senate   Referred to Committee on Labor, Commerce and Industry SJ-10
 3/10/2005   Senate   Committee report: Favorable with amendment Labor, Commerce and Industry
 4/19/2005   Senate   Amended SJ-50
 5/30/2006   Senate   Recommitted to Committee on Labor, Commerce and Industry SJ-26

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

2/16/2005
3/10/2005
4/19/2005
 1   Indicates Matter Stricken
 2   Indicates New Matter
 3
 4   COMMITTEE AMENDMENT ADOPTED AND AMENDED
 5   April 19, 2005
 6
 7                                                   S. 499
 8
 9                    Introduced by Senator Verdin
10
11 S. Printed 4/19/05--S.
12 Read the first time February 16, 2005.
13




     [499-1]
 1
 2
 3
 4
 5
 6
 7
 8
 9                              A BILL
10
11   TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF
12   SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE
13   OF VETERINARY MEDICINE, SO AS TO CONFORM THE
14   CHAPTER TO THE STATUTORY ORGANIZATIONAL
15   FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS
16   UNDER THE ADMINISTRATION OF THE DEPARTMENT OF
17   LABOR, LICENSING AND REGULATION AND TO
18   FURTHER PROVIDE FOR THE LICENSURE AND
19   REGULATION OF THE STATE BOARD OF VETERINARY
20   MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING
21   PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING
22   FOR LICENSURE BY ENDORSEMENT, AUTHORIZING
23   STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING
24   CERTAIN STANDARDS FOR EMERGENCY CARE
25   FACILITIES AND MOBILE CARE REQUIREMENTS.
26     Amend Title To Conform
27
28   Be it enacted by the General Assembly of the State of South
29   Carolina:
30
31   SECTION 1. Title 40, Chapter 69 of the 1976 Code is amended to
32   read:
33
34                            “CHAPTER 69
35
36                              Veterinarians
37                      Article 1 General Provisions
38
39     Section 40-69-10. It is declared that the practice of veterinary
40   medicine involves the public health, safety, and welfare. To
41   protect the public from being misled by incompetent,
42   unscrupulous, unqualified, and unauthorized practitioners, and

     [499]                           1
 1   from unprofessional or illegal practices by persons licensed to
 2   practice veterinary medicine, and to insure that every person
 3   engaged in the practice of veterinary medicine meet minimum
 4   requirements, the practice of veterinary medicine should be
 5   regulated in the interest of the health, safety, and welfare of the
 6   citizens of South Carolina.
 7   The General Assembly declares its intent that individuals who are
 8   not normally competent to practice veterinary medicine or who
 9   otherwise present danger to the public should be disciplined or
10   prohibited from practicing in this State.
11
12      Section 40-69-20. As used in this article, these words and
13   phrases have the following meanings unless the context clearly
14   indicates otherwise:
15      (1) “Animal” means any animal other than a human, and
16   includes fowl, birds, reptiles, and fish which are wild or domestic,
17   living or dead.
18      (2) “Board” means the South Carolina State Board of Veterinary
19   Medical Examiners.
20      (3) “Veterinary medicine” includes veterinary surgery,
21   obstetrics, dentistry, and all other branches or specialties of
22   veterinary medicine.
23      (4) “Practice of veterinary medicine” means:
24        (a) To diagnose, prescribe, or administer any drug, medicine,
25   biologic, appliance, or application or treatment of whatever nature
26   for the cure, prevention, or relief of any wound, fracture, or bodily
27   injury or disease of an animal;
28        (b) To perform any surgical operation, including cosmetic
29   surgery, upon any animal;
30        (c) To perform any manual procedure for the diagnosis or
31   treatment for sterility or infertility of animals, including embryo
32   transplants;
33        (d) To offer, undertake, represent, or hold oneself out as being
34   qualified to diagnose, treat, operate, or prescribe for any animal
35   disease, pain, injury, deformity, or physical condition;
36        (e) To use any words, letters, or titles in such connection or
37   under such circumstances as to induce the belief that the person
38   using them is engaged in the practice of veterinary medicine; this
39   use is prima facie evidence of the intention to represent oneself as
40   engaged in the practice of veterinary medicine.
41      (5) “Veterinarian” means a person who has received a doctor‟s
42   degree or equivalent in veterinary medicine.


     [499]                             2
 1      (6) “Licensed veterinarian” means a person who is licensed by
 2   law to practice veterinary medicine in this State.
 3      (7) “School of veterinary medicine” means any veterinary
 4   school or college that offers the DVM or equivalent degree and
 5   whose course of study conforms to the standards required for
 6   accreditation by the American Veterinary Medical Association and
 7   approved by the Board.
 8      (8) “License” means any permit, approval, registration, or
 9   certificate issued by the Board.
10      (9) “Temporary permit” means temporary permission to practice
11   veterinary medicine issued pursuant to the provisions of this
12   chapter.
13      (10) “Direct supervision” means that a veterinarian currently
14   licensed to practice veterinary medicine in this State is available on
15   the premises and within immediate vocal communication of the
16   supervisee.
17      (11) “Unprofessional or unethical conduct” includes, but is not
18   limited to, any conduct of a character likely to deceive or defraud
19   the public, fraudulent, false, or deceptive advertising which might
20   mislead the public, obtaining any fee or compensation by fraud or
21   misrepresentation, sharing office space with any person illegally
22   practicing veterinary medicine, employing either directly or
23   indirectly any unlicensed person to practice veterinary medicine or
24   render any veterinary service except as allowed by law, or the
25   violation of any rule adopted by the Board which provides for a
26   code of professional ethics to be followed by persons licensed
27   under this article.
28
29      Section 40-69-30. (A) There is created the State Board of
30   Veterinary Medical Examiners to be composed of eight members,
31   one of whom must be a consumer advocate member from the State
32   at large, one of whom must be a veterinarian from the State at
33   large, and six of whom must be veterinarians representing each of
34   the six congressional districts.Each veterinarian must be a resident
35   of the State of South Carolina and of the congressional district
36   which the veterinarian represents, licensed by the State, and
37   practicing. The consumer advocate member must be a resident of
38   the State.The terms of the members are for six years and until
39   successors are appointed and qualify. No member is allowed
40   successive terms of office.
41      (B) The veterinarian at large and the consumer advocate
42   member must be appointed by the Governor. The board shall
43   conduct an election to nominate two veterinarians from each

     [499]                             3
 1   congressional district. The election shall provide for participation
 2   by all veterinarians currently licensed and residing in the district
 3   for which the nomination is being made. The names of the
 4   nominees must be forwarded to the Governor by the board and the
 5   Governor may appoint one of the nominees as the member;
 6   however, the Governor may reject any or all of the nominees upon
 7   satisfactory showing of the unfitness of those rejected. If the
 8   Governor declines to appoint any of the nominees submitted,
 9   additional nominees must be submitted in the same manner.
10   Vacancies must be filled in the manner of the original appointment
11   for the unexpired portion of the term.
12      (C) The consumer advocate member may not vote on
13   examination for licensure of veterinarians.
14      (D) The Governor may remove a member of the board who is
15   guilty of continued neglect of board duties or who is found to be
16   incompetent, unprofessional, or dishonorable. No member may be
17   removed without first giving the member an opportunity to refute
18   the charges filed against that member, who must be given a copy
19   of the charges at the time they are filed.
20      (E) If a board member is disqualified and the member‟s absence
21   results in the lack of a quorum or an adequate number of members
22   to perform official functions, the Governor may appoint an
23   individual to replace the member during the period of
24   disqualification. This individual shall meet the same qualifications
25   as the member being replaced and must take the same oath as
26   required of other members of the board.
27
28     Section 40-69-40. The Board shall organize by electing a
29   chairman, a vice-chairman, and a secretary-treasurer. The officers
30   of the Board shall hold office for terms of one year and until their
31   successors are elected and qualify. The Board shall meet at least
32   once a year and at such other times as may be ordered by the
33   chairman. Any action of the Board may be taken at any regular or
34   special meeting and a majority of the members of the Board shall
35   constitute a quorum.
36
37      Section 40-69-50. Each member shall receive the same per
38   diem, mileage, and subsistence as provided by law for members of
39   state boards, commissions, and committees for each day actually
40   engaged in the duties of office, including a reasonable number of
41   days for the preparation and reviewing of examinations in addition
42   to such time actually spent in conducting examinations.
43

     [499]                            4
 1      Section 40-69-60. The secretary-treasurer of the Board shall
 2   keep records of all the proceedings of the Board, shall receive and
 3   account for all monies received by the Board, and shall keep a
 4   register of licenses showing the dates of applications for licenses to
 5   practice veterinary medicine. All licenses issued by the Board
 6   must be numbered and recorded by the secretary-treasurer and,
 7   where a license is denied by the Board to any applicant, the fact
 8   and grounds for the denial must be entered in the minutes of the
 9   Board. The time of issuance or denial of a license must be noted
10   along with the names of those Board members present and such
11   file or record must be open to public inspection. Where a license
12   is denied to an applicant or if a license is revoked or suspended,
13   the fact and ground of the action must be communicated in writing
14   to the applicant or holder of the license.
15   Information received by the Board through inspections and
16   investigations must be confidential and must not be disclosed
17   except in a proceeding involving the issuance, denial, renewal,
18   suspension, or revocation of a license.
19
20      Section 40-69-70. The powers and duties of the board must
21   include, but not be limited to, the following:
22      (1) To adopt and promulgate regulations, pursuant to the State
23   Administrative Procedures Act, governing the practice of
24   veterinary medicine as are necessary to enable it to carry out and
25   make effective the purpose and intent of this article. These
26   regulations may include minimum standards for all facilities where
27   veterinary medicine is practiced and minimum standards for
28   continuing education for relicensure;
29      (2) To adopt rules of professional conduct prior to July 1, 1993,
30   appropriate to establish and maintain a high standard of integrity,
31   skills, and practice in the profession of veterinary medicine. In
32   prescribing such rules of professional conduct, the board may be
33   guided by the principles of veterinary medical ethics adopted by
34   the American Veterinary Medical Association and the South
35   Carolina Association of Veterinarians;
36      (3) To print its regulations and distribute them to all persons
37   licensed to practice veterinary medicine in this State;
38      (4) To bring proceedings in courts for the enforcement of this
39   article or any regulations made pursuant thereto;
40      (5) To establish qualifications for persons wishing to be licensed
41   to practice veterinary medicine;
42      (6) To pass upon the qualifications of applicants for a license to
43   practice veterinary medicine in this State;

     [499]                             5
 1      (7) To approve schools and colleges of veterinary medicine
 2   which maintain sufficient standards of training and reputability;
 3      (8) To prescribe the subjects, character, manner, time, and place
 4   of holding examinations and the filing of applications for
 5   examinations and to conduct the examinations;
 6      (9) To issue temporary permits or licenses to duly qualified
 7   applicants;
 8      (10) To provide for, regulate, and require all persons licensed in
 9   accordance with the provisions of this article to renew their license
10   annually;
11      (11) To conduct investigations and hearings upon complaints
12   calling for discipline of a licensee or applicant for license;
13      (12) To take testimony on any matter under its jurisdiction and
14   to administer oaths;
15      (13) To issue summons and subpoenas, including subpoenas
16   duces tecum, for any witness, in connection with any matter within
17   the jurisdiction of the board, which must be signed by either the
18   chairman or the secretary-treasurer of the board;
19      (14) (Reserved);
20      (15) To inspect licenses;
21      (16) To conduct investigations of all alleged violations;
22      (17) To prosecute according to law or instigate the prosecution
23   of all violators of this chapter;
24      (18) To adopt regulations for the sale and dispensing of
25   prescriptions and controlled veterinary drugs, pharmaceuticals, and
26   biologics in accordance with federal and state laws.
27
28      Section 40-69-80. (A) A person wishing to practice veterinary
29   medicine in this State shall obtain a license from the board. Unless
30   a person obtains a license, it is unlawful to practice veterinary
31   medicine as defined in this article. If a person practices without a
32   license that person is considered to have violated this article.
33      (B) The board shall conduct examinations of all applicants and
34   the board may examine an applicant who submits satisfactory
35   evidence that the applicant:
36        (a) is a graduate of a school or college of veterinary medicine
37   approved by the board or holds an Education Commission of
38   Foreign Veterinary Graduates Certificate;
39        (b) has paid the required fee.
40
41     Section 40-69-90. (A) The board may issue a temporary permit
42   to practice veterinary medicine to an applicant if the applicant
43   meets these qualifications:

     [499]                             6
 1        (1) meets all qualifications and requirements of Section
 2   40-69-80;
 3        (2) has filed an application to take the examination;
 4        (3) is located permanently at some designated place in the
 5   State;
 6        (4) pays a temporary permit fee which must be set by the
 7   board in regulation promulgated in accordance with the
 8   Administrative Procedures Act. This fee is in addition to the
 9   examination fee;
10        (5) holds a current and valid license to practice veterinary
11   medicine in another state of the United States.
12      (B) An individual failing to pass the examination for a license in
13   this State must not be issued a temporary permit.
14      (C) The temporary permit entitles the holder to practice only
15   until the board has acted upon the application for a permanent
16   license after the applicant completes the next regularly scheduled
17   examination and is not renewable. Only one temporary permit
18   may be issued to a person. A person who is unable to attend the
19   examination because of illness, accident, or other reasonable
20   condition beyond the person‟s control, in the discretion of the
21   board, may have the temporary permit renewed until the board is
22   able to act on the application after the person completes the
23   required examination.
24
25      Section 40-69-100. Any person desiring to take the
26   examination for license to practice veterinary medicine shall make
27   application in writing to the Board on forms prescribed by the
28   Board at least fourteen days before the examination. The
29   application must be accompanied by the examination fee which
30   must be set by the Board.
31      Fees must not be returned under any circumstances, regardless
32   of whether the applicant is accepted for examination, fails the
33   examination, withdraws his application, or is issued or denied a
34   license. If an applicant fails to take the examination for a
35   legitimate reason, the Board may allow him to take the
36   examination at a later date without having to pay another fee.
37   After the Board accepts the application and finds that the applicant
38   is otherwise qualified to meet the requirements necessary to
39   practice veterinary medicine, the applicant may be examined by
40   the Board at its next meeting. The Board shall give notice to the
41   applicant of the exact time and place of the examination.
42


     [499]                             7
 1      Section 40-69-110. The examination of applicants for licenses
 2   to practice veterinary medicine must be conducted under
 3   regulations adopted by the Board.
 4      (1) The Board shall, except as otherwise provided herein,
 5   require the applicant to take a written examination in veterinary
 6   anatomy, veterinary surgery, veterinary physiology, veterinary
 7   pathology, veterinary obstetrics, veterinary materia medica, and
 8   veterinary practice, chemistry, and such other subjects related to
 9   veterinary medicine as the Board may require, or the Board may
10   accept the results of the written examination conducted by the
11   National Board of Veterinary Examiners in lieu of requiring the
12   applicant to take a written examination given by the Board.
13      (2) The Board may also require that the applicant undergo a
14   clinical, oral, or practical examination in addition to the written
15   examination.
16      (3) The Board shall establish a minimum passing grade for each
17   examination given by the Board.
18   If the applicant makes the minimum passing grade on the
19   examination as established by the Board and the Board finds that
20   the applicant is otherwise worthy, competent, and qualified, it shall
21   issue him a license to practice veterinary medicine in this State.
22
23      Section 40-69-120. The Board must issue a license, without
24   written examination, to a qualified applicant who is licensed to
25   practice veterinary medicine in another state which has a reciprocal
26   licensing agreement with this State if the applicant furnishes
27   satisfactory proof that he is a graduate of an approved veterinary
28   college, is in good standing in his respective state, and holds a
29   license to practice veterinary medicine in that state. No person
30   may be licensed under this section except upon proof that he has
31   taken and passed a written examination in at least one of the states
32   in which he is licensed.
33   The Board shall enter into reciprocal licensing agreements with
34   other states having substantially equivalent licensing requirements.
35
36     Section 40-69-130. Each person licensed by the Board shall pay
37   an annual fee as determined by regulation of the Board. The fee is
38   due and payable on the first day of January of each year. Failure to
39   pay the annual fee on or before the first day of February of each
40   year shall render the license void. Upon a showing of a reasonable
41   explanation and payment of all sums due, the veterinarian may
42   petition for reinstatement. The Board may assess a reinstatement
43   fee as may be set by regulation.

     [499]                             8
 1   The Board may also issue a duplicate license to replace one that
 2   has been lost or destroyed upon payment of a fee set by regulation
 3   of the Board. Each duplicate license shall have the word
 4   „Duplicate‟ typed or printed across the face thereof.
 5
 6      Section 40-69-140. The board may deny, suspend, revoke, or
 7   restrict the license of a veterinarian or reprimand or discipline a
 8   licensee for these reasons:
 9      (1) violating this article or a regulation promulgated by the
10   board;
11      (2) using a false, fraudulent, or forged statement or document or
12   a fraudulent, deceitful, or dishonest act by the holder of a license in
13   connection with a license requirement;
14      (3) failing to display a license;
15      (4) having caused to be published or circulated directly or
16   indirectly a fraudulent, false, or misleading statement as to the skill
17   or methods of practice of a licensee;
18      (5) misrepresenting the inspection of food for human
19   consumption;
20      (6) using a false or fraudulent statement in a document
21   connected with the practice of veterinary medicine;
22      (7) obtaining fees or assisting in obtaining fees under deceptive,
23   false, or fraudulent circumstances;
24      (8) failing to provide and maintain facilities as directed by
25   regulation of the board;
26      (9) refusing to permit the board or a legal representative of the
27   board to inspect the business premises of the licensee during
28   regular business hours;
29      (10) circulating knowingly untrue, fraudulent, misleading, or
30   deceptive advertising;
31      (11) engaging in unprofessional or unethical conduct or
32   engaging in practices in connection with the practice of veterinary
33   medicine which are in violation of the standards of professional
34   conduct, as defined in this article or prescribed by regulations of
35   the board;
36      (12) engaging in conduct determined by the board to be
37   incompetent or negligent in the practice of veterinary medicine;
38      (13) making a false statement in an oath or affidavit which is
39   required by this article;
40      (14) having another state revoke a license to practice veterinary
41   medicine in that state;
42      (15) being convicted on a charge of cruelty to animals;


     [499]                              9
 1      (16) being convicted of a federal or state law relating to narcotic
 2   drugs;
 3      (17) having a physical or mental impairment or disability which
 4   renders practice dangerous to the public;
 5      (18) performing an act which in any way assists a person to
 6   practice in violation of this article;
 7      (19) misusing a controlled substance for other than specific
 8   treatment of an animal patient;
 9      (20) having employed or permitted a person who does not hold a
10   license to practice veterinary medicine in this State to perform
11   work which, under this article, can lawfully be done only by a
12   person holding a license to practice veterinary medicine;
13      (21) practicing veterinary medicine while under the influence of
14   alcohol or any drug to such a degree as to adversely affect the
15   performance of a veterinarian‟s professional obligations and
16   duties;
17      (22) having been adjudged mentally incompetent by a court of
18   competent jurisdiction; upon notice of a legal determination of
19   incompetency, an individual‟s license is automatically suspended
20   until the individual is adjudged legally competent;
21      (23) failing to report, as required by law, or making a false
22   report of a contagious or infectious disease;
23      (24) being convicted of a felony or a crime involving moral
24   turpitude; forfeiture of a bond or a plea of nolo contendere is
25   considered the equivalent of a conviction.
26
27      Section 40-69-150. Any person, including the Board, may prefer
28   charges of fraud, deceit, negligence, incompetence, or misconduct
29   against any person licensed to practice veterinary medicine by this
30   article.
31   The charges must be made to the Board, in writing, and sworn to
32   by the person so charging and must be submitted to the
33   secretary-treasurer of the Board. Specific procedures relating to
34   the filing and hearing of these charges shall conform to the State
35   Administrative Procedures Act and must be detailed in the
36   regulations promulgated by the Board.
37      Any person who feels aggrieved by any action of the board in
38   denying, suspending, refusing to renew, or revoking his certificate
39   of registration or license may appeal therefrom to an administrative
40   law judge as provided under Article 5 of Chapter 23 of Title 1
41   within thirty days after receipt of the order of the board.
42


     [499]                             10
 1      Section 40-69-160. The Board may reissue a license to or
 2   reinstate the license of a person whose license was previously
 3   revoked or suspended if a majority of the members of the Board
 4   vote in favor of such reissuance or reinstatement. The Board may
 5   assess a reinstatement or reissue fee as set by regulation of the
 6   Board.
 7
 8     Section 40-69-170. All persons licensed to practice veterinary
 9   medicine by the Board shall conspicuously display in the place of
10   practice at all times a current license issued by the Board.
11
12      Section 40-69-180. All revenues and income from licenses,
13   examination fees, other fees, sale of commodities and services, and
14   income derived from any other Board source or activity must be
15   remitted to the State Treasurer as collected when practicable, but at
16   least once each week, and must be credited to the general fund of
17   the State. All assessments, fees, or licenses must be levied
18   pursuant to the State Administrative Procedures Act in an amount
19   sufficient or at least equal to the amount appropriated in the annual
20   general appropriations act for the Board, plus any additional funds
21   allocated by the Budget and Control Board for implementation of
22   the state‟s personnel compensation plan.
23
24     Section 40-69-190. The Board shall make an annual report in
25   accordance with the provisions of Chapter 73 of Title 40.
26
27      Section 40-69-200. Any person who practices or attempts to
28   practice veterinary medicine for consideration in this State without
29   first having complied with the provisions of this article, or who
30   knowingly presents to or files false information with the Board for
31   the purpose of obtaining a license, is guilty of a misdemeanor and
32   upon conviction must be fined not less than five hundred nor more
33   than twenty-five hundred dollars or imprisonment for not less than
34   thirty days. Each act of unlawful practice shall constitute a
35   separate offense.
36
37      Section 40-69-210. Whenever the board has reason to believe
38   that any person is violating or intends to violate any provision of
39   this article, it may, in addition to all other remedies, order the
40   person to immediately desist and refrain from that conduct. The
41   board may apply to an administrative law judge as provided under
42   Article 5 of Chapter 23 of Title 1 for an injunction restraining the
43   person from that conduct. An administrative law judge may issue

     [499]                            11
 1   a temporary injunction ex parte and upon notice and full hearing
 2   may issue any other order in the matter as it deems proper. No
 3   bond must be required of the board by an administrative law judge
 4   as a condition to the issuance of any injunction or order
 5   contemplated by the provisions of this section.
 6   No member of the board or its committees, special examiners,
 7   agents, and employees may be held liable for acts performed in the
 8   course of official duties, except where actual malice is shown. For
 9   the purpose of any investigation or proceeding under the
10   provisions of this article, the board or any person designated by it
11   may administer oaths and affirmations, subpoena witnesses, take
12   evidence, and require the production of any documents or records
13   which the board deems relevant to the inquiry.
14
15
16      Section 40-69-220. No person shall engage in the practice of
17   veterinary medicine in this State without a current and valid
18   license for that purpose issued by the Board. Nothing in this
19   article must be construed to prohibit:
20      (1) Any person who is a regular student, technician, or instructor
21   in a legally chartered educational institution from the performance
22   of those duties and actions conducted as a responsibility in
23   teaching and research.
24      (2) Any veterinarian holding a current and valid license in some
25   other state from acting as a consultant with a licensed veterinarian
26   of this State.
27      (3) Any veterinarian who is a member of the Armed Forces of
28   the United States or who is an employee of the United States
29   Department of Agriculture, the United States Public Health
30   Service, or other federal agency or the State of South Carolina or
31   political subdivision thereof from performing official duties in
32   accordance with his employment.
33      (4) Any person or his regular employee from administering to
34   his own animals, except when his ownership is so vested for the
35   purpose of circumventing the provisions of this article and except
36   when the employee is so employed for the purpose of
37   circumventing the provisions of this article. However, the
38   administration to the animal must be in compliance with all
39   federal, state, and local laws.
40      (5) State or federal agencies, accredited schools, research
41   institutions, foundations, corporations or employees thereof, which
42   or who conduct experiments and scientific research using animals,


     [499]                            12
 1   provided the research or testing is performed in compliance with
 2   all federal, state, and local laws.
 3      (6) Any person from performing artificial insemination to
 4   animals.
 5      (7) Initiation of prescribed emergency procedures in life
 6   threatening situations by an animal health technician employed by
 7   a licensed veterinarian.
 8      (8) Any merchant from selling at his regular place of business
 9   medicines, feed, appliances, or other animal health products
10   provided all sales are done in compliance with all federal, state,
11   and local laws and in accordance with the regulations promulgated
12   by the Board.
13
14
15                             ARTICLE 3.
16
17                       Animal Health Technicians
18
19      Section 40-69-410. For purposes of this article:
20      (1) “Animal Health Technician” means a person who has
21   received a degree in Animal Health Technology from an American
22   Veterinary Medical Association accredited school offering a
23   program in Animal Health Technology; this person shall be
24   knowledgeable in the care and handling of animals, in the basic
25   principles of normal and abnormal life processes, and in routine
26   laboratory and clinical procedures. The performance of the
27   Animal Health Technician shall be under the direct supervision of
28   a veterinarian duly licensed to practice in the State of South
29   Carolina. No Animal Health Technician may diagnose disease,
30   perform surgery, or prescribe medicine.
31      (2) “Direct supervision” means the guidance of the activities of
32   the Animal Health Technician within the scope of the instructions
33   of the licensed veterinarian in charge of the care of the animal.
34      (3) “Certificate” means a written statement acknowledging
35   successful completion of the Animal Health Technician
36   Examination or other necessary requirements as issued by the
37   board.
38      (4) “Certified Animal Health Technician” means a person who
39   is certified by the board to work as an Animal Health Technician.
40
41     Section 40-69-420. (A) The powers and duties of the board shall
42   include but not be limited to:


     [499]                           13
 1         (1) promulgate regulations governing the Animal Health
 2   Technician as are necessary to enable it to carry out and make
 3   effective the purpose and intent of this article.
 4         (2) adopt rules of professional conduct appropriate to
 5   establish and maintain a high standard of integrity and skills
 6   relating to the Animal Health Technician.
 7         (3) print its regulations and distribute them to all certified
 8   Animal Health Technicians.
 9         (4) establish qualifications for persons wishing to be certified
10   as an Animal Health Technician.
11         (5) pass upon the qualifications of applicants for a certificate
12   to work as an Animal Health Technician in this State.
13         (6) prescribe the subject, character, manner, time and place of
14   holding examinations and the filing of applications for
15   examinations and to conduct the examinations.
16         (7) issue temporary certificates to duly qualified applicants.
17         (8) provide for, regulate and require all persons certified in
18   accordance with the provisions of this article; to renew their
19   certificate annually; to issue annual renewal certificates to such
20   persons and to suspend or revoke the certificates to such persons
21   who fail, refuse or neglect to renew such certificate.
22         (9) inspect certificate.
23      (B) The powers and duties of the board as provided in items (4),
24   (11), (12), (13), (16), and (17) of Section 40-69-70 shall also apply
25   to Animal Health Technicians.
26
27      Section 40-69-430. (A) A person wishing to work as an Animal
28   Health Technician in this State shall obtain a certificate from the
29   board. Unless a person obtains a certificate, it is unlawful to work
30   as an Animal Health Technician as defined in this article.
31      (B) The board shall conduct examinations of all applicants and
32   the board may examine an applicant who submits satisfactory
33   evidence that the applicant:
34        (1) is at least eighteen years of age;
35        (2) is a graduate of an American Veterinary Medical
36   Association accredited school of animal technology;
37        (3) has paid the required fee.
38
39     Section 40-69-440. (A) The board may issue a temporary
40   certificate if the applicant:
41         (1) meets all the qualifications and requirements of Section
42   40-69-430;
43         (2) has filed an application to take the examination;

     [499]                             14
 1        (3) pays a temporary certificate fee which must be set by the
 2   board in regulation promulgated pursuant to the Administrative
 3   Procedures Act; this fee is in addition to the examination fee.
 4      (B) A temporary certificate shall permit the applicant holder to
 5   work as an Animal Health Technician until the next regularly
 6   scheduled examination. Temporary certificates may not be
 7   renewed. However, a person who is unable to attend the
 8   examination because of illness, accident, or other reasonable
 9   condition beyond the person‟s control, in the discretion of the
10   board, may have the temporary certificate renewed until the board
11   is able to act on the application after the person completes the
12   required examination.
13
14      Section 40-69-450. (A) A person desiring to take the
15   examination for certification shall apply in writing to the board on
16   forms prescribed by the board at least fourteen days before the
17   examination. The fee accompanying an application must be set by
18   the board in regulation promulgated pursuant to the Administrative
19   Procedures Act.
20      (B) Fees may not be returned under any circumstances,
21   regardless of whether the applicant is accepted for examination,
22   fails the examination, withdraws the application, or is issued or
23   denied a certificate. If an applicant fails to take the examination
24   for a legitimate reason, the board may allow the applicant to take
25   the examination at a later date without having to pay another fee.
26      (C) After the board accepts an application and finds that the
27   applicant is qualified to meet the requirements necessary to work
28   as an Animal Health Technician, the applicant may be examined
29   by the board at its next meeting. The board shall give notice to the
30   applicant of the exact time and place of the examination.
31
32     Section 40-69-460. (A) The examination of an applicant for
33   certification must be conducted under the regulations adopted by
34   the board. The board shall require the applicant to take a written
35   examination in Animal Anatomy, Clinical Pathology,
36   Pharmacology, Office Procedures, Radiology, Laboratory Animal
37   Technology, Parasitology, and such additional subjects relating to
38   Animal Health Technology as the board may require. The board
39   shall establish a minimum passing grade for each examination
40   given and shall hold at least one examination annually.
41     (B) If the applicant makes the minimum passing grade on the
42   examination established by the board and the board finds that the
43   applicant is qualified, it shall issue the applicant a certificate. An

     [499]                             15
 1   applicant who fails to meet the minimum passing grade or fails to
 2   maintain a current certificate may submit to reexamination at the
 3   discretion of the board. Each applicant is entitled to at least one
 4   reexamination.
 5
 6      Section 40-69-470. The board may issue a certificate, without
 7   written examination, to a qualified applicant who is certified as an
 8   Animal Health Technician in another state if the applicant
 9   furnishes satisfactory proof that he is a graduate of an American
10   Veterinary Medical Association Accredited School of Animal
11   Health Technology, is in good standing in his respective state, and
12   holds a current certificate to work as an Animal Health Technician
13   in that state.
14   The board is authorized to enter into reciprocal certifying
15   agreements with other states having similar certifying requirements
16   and the board may certify, without written examination, any person
17   working as an Animal Health Technician in such other states.
18
19      Section 40-69-480. (A) The holder of a certificate must apply on
20   January first of each year for renewal of certification. Renewal
21   applications must be provided by the board thirty days before
22   January first of each year. A completed application must be
23   accompanied by an annual fee, the amount of which must be set by
24   the board in regulation promulgated pursuant to the Administrative
25   Procedures Act, and made payable to the secretary-treasurer of the
26   board. If the completed application and fee is not submitted by
27   February fifteenth of each year, a late renewal fee penalty set by
28   the board in regulation, will be added to the annual fee. If the
29   completed application and renewal fee is not received by March
30   fifteenth of each year, certification of the holder will be revoked
31   and the holder shall file for reexamination for certification. The
32   application for renewal must be endorsed by a licensed
33   veterinarian of this State and must include sufficient proof of
34   continuing education as required by the board in the regulations.
35      (B) The board may issue a duplicate certificate to replace one
36   that has been lost or destroyed upon payment of an amount to be
37   set by the board in regulation. A duplicate certificate must have
38   the word “DUPLICATE” typed or printed across the face of the
39   certificate.
40
41     Section 40-69-490. The board may revoke suspend, deny, or
42   place on probation the certificate of an Animal Health Technician,
43   or impose any reasonable disciplinary action toward the Animal

     [499]                            16
 1   Health Technician, who, in the opinion of the board, has
 2   committed one or more of the following:
 3      (1) Gross incompetence in connection with the performance of
 4   the duties or tasks of the Animal Health Technician;
 5      (2) Fraud or deceit in procuring certification as an Animal
 6   Health Technician;
 7      (3) Performing tasks otherwise than under the direct supervision
 8   of a licensed veterinarian;
 9      (4) Conviction in any court, state or federal, of any felony;
10      (5) Representing himself or permitting another to represent him
11   as a Doctor of Veterinary Medicine;
12      (6) Conviction on a charge of cruelty to animals;
13      (7) Violation of the code of conduct as adopted by the board;
14      (8) Any conduct in violation of this article.
15
16      Section 40-69-500. No action to deny, revoke, or suspend a
17   certificate of an Animal Health Technician may be taken until the
18   person has been furnished a statement of the charges against him
19   by the board. Preferring of charges, hearings, appeals, and
20   reinstatements shall be conducted by the board as stated in Section
21   40-69-150.
22
23      Section 40-69-510. A complete roster that shows all the names
24   and places of employment of Certified Animal Health Technicians
25   in this State must be prepared annually by the board by April
26   fifteenth of each year. This list must be filed with the secretaries
27   of the South Carolina Association of Veterinarians and South
28   Carolina Certified Animal Health Technician Association.
29   All persons certified as an Animal Health Technician must display
30   in his place of employment at all times his current certificate
31   issued by the board.
32
33      Section 40-69-520. Any person who works as an Animal Health
34   Technician without first having complied with the board as
35   provided by this article, or who knowingly presents to or files false
36   information with the board for the purpose of obtaining a
37   certificate, is guilty of a misdemeanor and upon conviction shall be
38   fined not less than fifty dollars or imprisoned for not less than
39   thirty days.
40
41     Section 40-69-530. Any person previously issued a certificate to
42   work as an Animal Health Technician on or before August 1, 1981,
43   by the South Carolina State Board of Veterinary Medical

     [499]                            17
 1   Examiners shall, upon payment of the required fee, be issued a
 2   certificate by the board.
 3
 4     Section 40-69-540. Any person performing acts as a certified
 5   Animal Health Technician in compliance with this article shall not
 6   be deemed to be engaging in the practice of veterinary medicine as
 7   defined in Section 40-69-20.
 8
 9     Section 40-69-5. Unless otherwise provided for in this chapter,
10   Article 1, Chapter 1 of Title 40 applies to licensed veterinarians
11   and veterinary technicians regulated by the Department of Labor,
12   Licensing and Regulation. If there is a conflict between this
13   chapter and Article 1, Chapter 1 of Title 40, the provisions of this
14   chapter control.
15
16      Section 40-69-10. (A) There is created the State Board of
17   Veterinary Medical Examiners to be composed of ten members,
18   two of whom must be a consumer advocate members from the
19   State at large, one of whom must be a licensed veterinary
20   technician practicing in this State, one of whom must be a
21   veterinarian from the State at large, and six of whom must be
22   veterinarians representing each of the six congressional districts.
23   Each veterinarian and veterinary technician must be a resident of
24   the State, licensed by the State, and currently practicing with at
25   least five years of clinical experience.          Each veterinarian
26   representing a congressional district must reside in the district that
27   he represents. The consumer advocate members must be residents
28   of the State. The terms of the members are for six years and until
29   their successors are appointed and qualify. The chairman may
30   only vote in the case of a tie vote by the Board.
31      (B) The veterinarian at large, the veterinary technician, and the
32   consumer advocate members must be appointed by the Governor.
33   The board shall conduct an election to nominate two veterinarians
34   from each congressional district. The election must provide for
35   participation by all veterinarians currently licensed and residing in
36   the respective nominating district. The South Carolina Veterinary
37   Technician Association shall submit up to two names to the
38   Governor as recommendations for the veterinary technician
39   member. The Governor shall also consider nominations from any
40   other individual, group, or association. The names of the nominees
41   must be forwarded to the Governor by the board and the Governor
42   may appoint one of the nominees as the member; however, the
43   Governor may reject any or all of the nominees upon satisfactory

     [499]                             18
 1   showing of the unfitness of those rejected. If the Governor
 2   declines to appoint any of the nominees submitted, additional
 3   nominees must be submitted in the same manner.                   All
 4   appointments by the Governor must be made with the advice and
 5   consent of the Senate. Vacancies must be filled in the manner of
 6   the original appointment for the unexpired portion of the term.
 7      (C) The Governor may remove a member of the board based on
 8   grounds provided for in Section 1-3-240. No member may be
 9   removed without first giving the member an opportunity to refute
10   the charges filed against that member, and the member must be
11   given a copy of the charges at the time they are filed.
12      (D) If a board member is disqualified and the member‟s
13   absence results in the lack of a quorum or an adequate number of
14   members to perform official functions, the Governor may appoint
15   an individual to replace the member during the period of
16   disqualification. This individual shall meet the same qualifications
17   as the member being replaced and shall take the same oath as
18   required of other members of the board.
19
20      Section 40-69-20. As used in this chapter, unless the context
21   clearly indicates otherwise:
22      (1) „Animal‟ means an animal that is not a human and includes
23   fowl, birds, reptiles, and fish which are wild or domestic, living or
24   dead.
25      (2) „Board‟ means the South Carolina State Board of
26   Veterinary Medical Examiners.
27      (3) „Direct supervision‟ means that a veterinarian currently
28   licensed to practice veterinary medicine in this State is available on
29   the premises and within immediate vocal communication of the
30   supervisee.
31      (4) „Emergency clinic‟ means a facility having as its primary
32   function the receiving, treatment, and monitoring of emergency
33   patients during its specified hours of operation.
34      (5) „Emergency hospital‟ means a facility whose primary
35   function is the receiving, treatment, and monitoring of emergency
36   patients during its specified hours of operation and includes the
37   confinement of emergency patients.
38      (6) „Immediate supervision‟ means that a licensed veterinarian
39   is within direct eyesight and hearing range.
40      (7) „Indirect supervision‟ means the supervising licensed
41   veterinarian is available for immediate voice contact by telephone,
42   radio, or other means and shall provide consultation and review of
43   cases at the veterinary facility.

     [499]                             19
 1      (8) „Investigative Review Committee‟ (IRC) means an
 2   investigative review panel appointed by the board chairman, in
 3   consultation with the other members of the board. The IRC must
 4   be comprised of four members who are former board members or
 5   other experienced licensed veterinarians. The Board chairman
 6   must appoint the chairman of the IRC. Veterinarian members of
 7   the IRC must have a current license issued pursuant to this chapter
 8   to be eligible to serve. The IRC shall review any complaint against
 9   a licensed veterinarian or veterinary technician and make a
10   recommendation as to whether the board should proceed with
11   formal action. The board must consider the recommendation of
12   the IRC, but the final determination whether to proceed with
13   formal action must be made by the board.
14      (9) „License‟ means any permit, approval, registration, or
15   certificate issued by the board.
16      (10) „Licensed veterinarian‟ means a person who is licensed
17   pursuant to this chapter to practice veterinary medicine in this
18   State.
19      (11) „Licensed veterinary technician‟ means a person who has
20   received a degree in animal health technology from an American
21   Veterinary Medical Association accredited school offering a
22   program in animal health technology and who has been licensed to
23   practice in this State. This person must be knowledgeable in the
24   care and handling of animals, in the basic principles of normal and
25   abnormal life processes, and in routine laboratory and clinical
26   procedures. The performance of the licensed veterinary technician
27   must be under the supervision of a veterinarian licensed to practice
28   in this State.
29      (12) „Mobile facility‟ means a vehicle with special medical or
30   surgical facilities or a vehicle suitable only for making house or
31   farm calls.
32      (13) „Practice of veterinary medicine‟ means to:
33         (a) diagnose, prescribe, or administer a drug, medicine,
34   biologic, appliance, or application or treatment of whatever nature
35   for the cure, prevention, or relief of a wound, fracture, or bodily
36   injury or disease of an animal;
37         (b) perform a surgical operation, including cosmetic surgery,
38   upon an animal;
39         (c) perform a manual procedure for the diagnosis or
40   treatment for sterility or infertility of an animal, including embryo
41   transplants;



     [499]                            20
 1         (d) offer, undertake, represent, or hold oneself out as being
 2   qualified to diagnose, treat, operate, or prescribe for an animal
 3   disease, pain, injury, deformity, or physical condition;
 4         (e) use words, letters, or titles in such connection or under
 5   such circumstances as to induce the belief that the person using
 6   them is engaged in the practice of veterinary medicine.
 7      (14) „School of veterinary medicine‟ means a veterinary school
 8   or college that offers the D.V.M. or equivalent degree and whose
 9   course of study conforms to the standards required for
10   accreditation by the American Veterinary Medical Association and
11   approved by the board.
12      (15) „Telemedicine‟ is an audio, video, or data communication
13   of medical information.
14      (16) „Temporary license‟ means temporary permission to
15   practice veterinary medicine or animal technology issued pursuant
16   to this chapter.
17      (17) „Therapeutic options or alternate therapies‟ means, but is
18   not limited to, the veterinary practice of acupuncture, manipulation
19   and adjustment, magnetic field therapy, holistic medicine,
20   homeopathy, herbology/naturopathy, massage, and physical
21   therapy.
22      (18) „Veterinarian‟ means a person who has received a doctor‟s
23   degree or equivalent in veterinary medicine.
24      (19) „Veterinary aide‟ means a nurse, attendant, intern,
25   technician, or other employee of a veterinarian, other than a
26   licensed veterinary technician.
27      (20) „Veterinary medicine‟ includes veterinary surgery,
28   obstetrics, dentistry, and all other branches or specialties of
29   veterinary medicine.
30      (21) Veterinary student preceptee‟ means a person who is a
31   student enrolled and in good standing in a recognized college of
32   veterinary medicine. The student‟s presence in a practice may be
33   as part of a normal preceptorship program of the college or as an
34   informal arrangement between the student and a veterinarian
35   licensed by the board.
36
37      Section 40-69-30. A person may not practice veterinary
38   medicine without a license issued in accordance with this chapter.
39   A person who uses in connection with his name the words or
40   letters „D.V.M.‟, „V.M.D.‟, „Doctor of Veterinary Medicine‟,
41   „Veterinary Medical Doctor‟, or other letters, words, or insignia
42   indicating or implying that one is engaged in the practice of
43   veterinary medicine or who in any other way, orally or in writing

     [499]                            21
 1   or in print or by sign directly or by implication, represents oneself
 2   as engaged in the practice of a veterinary medicine without being
 3   licensed by the board is subject to the penalties provided for in this
 4   chapter.
 5
 6     Section 40-69-40. In addition to the powers and duties
 7   enumerated in Section 40-1-50, the board, at the first board
 8   meeting in each calendar year, shall elect from the veterinarian
 9   members a chairman, vice chairman, and any other officer it
10   considers necessary. The board shall meet at least twice a year and
11   upon the call of the chairman or any two members of the board.
12   Action of the board may be taken at regular or special meetings,
13   and a majority of the appointed members of the board constitutes a
14   quorum.
15
16     Section 40-69-50. The board must be administered by the
17   Department of Labor, Licensing and Regulation as a revenue
18   funded board in accordance with Section 40-1-50.
19
20     Section 40-69-60. The board may adopt rules governing its
21   proceedings and internal operations, and may promulgate
22   regulations necessary to carry out the provisions of this chapter.
23
24      Section 40-69-70. The board shall regulate the issuance of
25   licenses and temporary licenses and shall discipline veterinarians
26   and veterinary technicians in any manner authorized by this
27   chapter. The powers and duties of this board include, but are not
28   limited to:
29      (1) determining the eligibility of applicants for examination
30   and licensure;
31      (2) examining applicants for licensure including, but not
32   limited to:
33        (a) prescribing the subjects, character, and manner of
34   licensing examinations;
35        (b) preparing, administering, and grading the examination or
36   assisting in the selection of a contractor for the preparation,
37   administration, or grading of the examination;
38      (3) establishing criteria for issuing, renewing, and reactivating
39   authorizations to practice to qualified applicants, including the
40   issuance of active or permanent, temporary, limited, and inactive
41   licenses, or other categories as may be created;



     [499]                             22
 1      (4) adopting the American Veterinary Medical Association
 2   Code of Professional Ethics and any additional standard of
 3   professional conduct the board deems appropriate;
 4      (5) evaluating and approving continuing education course
 5   hours and programs;
 6      (6) conducting hearings on alleged violations of this chapter
 7   and regulations promulgated under this chapter;
 8      (7) resolving consumer complaints, where appropriate and
 9   possible;
10      (8) disciplining persons licensed under this chapter in a manner
11   provided for in this chapter;
12      (9) promulgating regulations which have been submitted to the
13   Director of the Department of Labor, Licensing and Regulation at
14   least thirty days in advance of filing with the Legislative Council
15   pursuant to Section 1-23-30;
16      (10) adopting and enforcing regulations for selling and
17   dispensing prescriptions and controlled veterinary drugs,
18   pharmaceuticals, and biologics in accordance with federal and state
19   laws;
20      (11) adopting and enforcing regulations setting minimum
21   standards for all facilities where veterinary medicine is practiced.
22
23      Section 40-69-80. As provided in Section 40-1-80, for the
24   purpose of conducting an investigation under this chapter, the
25   board or a person designated by the board may subpoena
26   witnesses, take evidence, and require the production of documents
27   or records which the board considers relevant to the inquiry.
28
29     Section 40-69-90. (A) The board may receive complaints
30   against a licensee from any person, including the board, and shall
31   require the complaints to be submitted in writing and to be signed
32   by the complainant. The person who is the object of the complaint
33   must be provided a copy within five days of the receipt of the
34   complaint. Upon request of the board, the department shall
35   investigate the allegations in the complaint and make a report to
36   the board concerning the investigation. If the Board determines
37   further investigation is necessary the chairman must appoint an
38   investigative review committee as provided in Section 40-69-
39   20(8). The department must submit its investigative findings to
40   the IRC along with any other additional information related to the
41   investigation requested by any IRC member. The IRC must
42   review the investigation and recommend to the board whether to
43   proceed with formal action. If the board desires to proceed further,

     [499]                            23
 1   it may direct the department to file a formal complaint charging the
 2   licensee with a violation of this chapter or a regulation
 3   promulgated pursuant to this chapter. The board administrator
 4   shall notify the licensee in writing not less than sixty days before
 5   the hearing, and a copy of the formal complaint and the original
 6   complaint signed by the complainant must be attached to the
 7   notice. The notice must be served personally or sent to the
 8   licensee by mail, return receipt requested, directed to the last
 9   mailing address furnished to the board. The post office receipt
10   signed by the licensee, the licensee‟s agent, or a responsible
11   member of the licensee‟s household or office staff or if not
12   accepted by the person to whom addressed, the postal authority
13   stamp showing the notice refused is prima facie evidence of
14   service of the notice.
15      (B) A licensee has the right to be present and present evidence
16   and argument on all issues involved, to present and to
17   cross-examine witnesses, and to be represented by counsel at the
18   licensee‟s expense. For the purpose of these hearings, the board
19   may require by subpoena the attendance of witnesses and the
20   production of documents and other evidence and may administer
21   oaths and hear testimony, either oral or documentary, for and
22   against the licensee.
23
24      Section 40-69-100. In addition to other remedies provided for in
25   this chapter or Section 40-1-100, the board may issue a cease and
26   desist order or may petition an administrative law judge for a
27   temporary restraining order or other equitable relief to enjoin a
28   violation of this chapter.
29
30      Section 40-69-110. (A) In addition to other grounds provided in
31   Section 40-1-110, the board, after notice and a hearing conducted
32   in accordance with the Administrative Procedures Act, may restrict
33   or refuse to grant a license to an applicant or may refuse to renew
34   the license of a licensed person or may suspend, revoke, or restrict
35   a veterinarian or veterinary technician who has:
36         (1) violated this chapter or a regulation promulgated by the
37   board;
38         (2) used a false, fraudulent, or forged statement or document
39   or performed a fraudulent, deceitful, or dishonest act by the holder
40   of a license in connection with a license requirement;
41         (3) failed to display a license;



     [499]                            24
 1        (4) caused to be published or circulated directly or indirectly
 2   a fraudulent, false, or misleading statement as to the skill or
 3   methods of practice of a licensee;
 4        (5) misrepresented the inspection of food for human
 5   consumption;
 6        (6) used a false or fraudulent statement in a document
 7   connected with the practice of veterinary medicine;
 8        (7) obtained fees or assisted in obtaining fees under
 9   deceptive, false, or fraudulent circumstances;
10        (8) failed to provide and maintain facilities as directed by
11   regulation of the board;
12        (9) refused to allow the board or an authorized
13   representative of the board to inspect the business premises of the
14   licensee during regular business hours;
15        (10) circulated knowingly untrue, fraudulent, misleading, or
16   deceptive advertising;
17        (11) engaged in unprofessional or unethical conduct in
18   violation of the American Veterinary Medical Association Code of
19   Professional Ethics or any other standards of professional conduct
20   defined in this chapter or prescribed by regulations of the board;
21        (12) engaged in conduct determined by the board to be
22   incompetent or negligent in the practice of veterinary medicine;
23        (13) made a false statement in an oath or affidavit which is
24   required by this chapter;
25        (14) had another state revoke a license to practice veterinary
26   medicine in that state, pursuant to a disciplinary proceeding;
27        (15) been convicted on a charge of cruelty to animals;
28        (16) been convicted of a federal or state law relating to
29   narcotic drugs;
30        (17) a physical or mental impairment or disability which
31   renders practice dangerous to the public;
32        (18) performed an act which in any way assists a person to
33   practice in violation of this chapter;
34        (19) used a controlled substance for other than specific
35   treatment of an animal patient in an illegal manner;
36        (20) has employed or permitted a person who does not hold a
37   license to practice veterinary medicine in this State to perform
38   work which, under this chapter, can lawfully be done only by a
39   person holding a license to practice veterinary medicine;
40        (21) practiced veterinary medicine while under the influence
41   of alcohol or any drug to such a degree as to adversely affect the
42   performance of a veterinarian‟s professional obligations and
43   duties;

     [499]                            25
 1         (22) been adjudged mentally incompetent by a court of
 2   competent jurisdiction; upon notice of a legal determination of
 3   incompetency, an individual‟s license is automatically suspended
 4   until the individual is adjudged legally competent;
 5         (23) failed to report, as required by law, or made a false report
 6   of a contagious or infectious disease;
 7         (24) been convicted of a felony or a crime involving moral
 8   turpitude; forfeiture of a bond or a plea of nolo contendere is
 9   considered the equivalent of a conviction;
10         (25) been disciplined by a licensing or disciplinary authority
11   of a state, country, or nationally recognized professional
12   organization or convicted or disciplined by a court of a state or
13   country for an act that would be grounds for disciplinary action
14   under this section;
15         (26) has engaged in a pattern or practice of violations of this
16   chapter or regulations promulgated under this chapter.
17      (B) In enforcing items (16), (17), (19), (21), or (22), the board
18   upon reasonable grounds may require a licensee or applicant to
19   submit to a mental or physical examination by physicians
20   designated by the board. The results of an examination are
21   admissible in a hearing before the board, notwithstanding a claim
22   of privilege under a contrary rule of law or statute. For purposes
23   of this section, a person who accepts the privilege of practicing
24   veterinary medicine in this State or who files an application for a
25   license to practice veterinary medicine in this State is deemed to
26   have consented to submit to a mental or physical examination and
27   to have waived all objections to the admissibility of the results in a
28   hearing before the board upon the grounds that the same
29   constitutes a privileged communication. If a licensee or applicant
30   fails to submit to an examination when properly directed to do so
31   by the board, unless the failure was due to circumstances beyond
32   the person‟s control, the board shall enter an order automatically
33   suspending or denying the license pending compliance and further
34   order of the board. A licensee or applicant who is prohibited from
35   practicing veterinary medicine under this subsection must be
36   afforded at reasonable intervals an opportunity to demonstrate to
37   the board the ability to resume or begin the practice of veterinary
38   medicine with reasonable skill and safety to patients.
39      (C) In enforcing subsection (A), items (16), (17), (19), (21), or
40   (22), the board upon reasonable grounds may obtain records
41   relating to the mental or physical condition of a licensee or
42   applicant including, but not limited to, psychiatric records; and
43   these records are admissible in a hearing before the board,

     [499]                             26
 1   notwithstanding any other provision of law. For purposes of this
 2   section, a person who accepts the privilege of practicing veterinary
 3   medicine in this State or who files an application to practice
 4   veterinary medicine in this State is deemed to have consented to
 5   the board obtaining these records and to have waived all objections
 6   to the admissibility of these records in a hearing before the board
 7   upon the grounds that the same constitutes a privileged
 8   communication. If a licensee or applicant refuses to sign a written
 9   consent for the board to obtain these records when properly
10   requested by the board, unless the failure was due to circumstances
11   beyond the person‟s control, the board shall enter an order
12   automatically suspending or denying the license pending
13   compliance and further order of the board. A licensee or applicant
14   who is prohibited from practicing veterinary medicine under this
15   subsection must be afforded at reasonable intervals an opportunity
16   to demonstrate to the board the ability to resume or begin the
17   practice of veterinary medicine with reasonable skill and safety to
18   patients.
19
20     Section 40-69-115. The board has jurisdiction over the actions
21   of licensees and former licensees as provided for in Section
22   40-1-115.
23
24      Section 40-69-120. Upon a determination by the board, after a
25   disciplinary hearing conducted pursuant to the requirements of this
26   chapter, that one or more of the grounds for discipline of a licensee
27   exists, the board may impose sanctions as provided in Section
28   40-1-120, including imposing a fine of not more than one thousand
29   dollars for each violation.
30
31      Section 40-69-130. As provided for in Section 40-1-130, the
32   board may deny licensure to an applicant based on the same
33   grounds for which the board may take disciplinary action against a
34   licensee.
35
36      Section 40-69-140. A license may be denied based on a person‟s
37   prior criminal record only as provided for in Section 40-1-140.
38
39     Section 40-69-150. A licensee under investigation for a violation
40   of this chapter or a regulation promulgated under this chapter may
41   voluntarily surrender the license in accordance with Section
42   40-1-150.
43

     [499]                            27
 1     Section 40-69-160. A person aggrieved by a final action of the
 2   board may seek review of the decision in accordance with Section
 3   40-1-160.
 4
 5      Section 40-69-170. A person found in violation of this chapter or
 6   a regulation promulgated under this chapter may be required to pay
 7   costs associated with the investigation and prosecution of the case
 8   in accordance with Section 40-1-170.
 9
10     Section 40-69-180. All costs and fines imposed pursuant to this
11   chapter must be paid in accordance with and are subject to the
12   collection and enforcement provisions of Section 40-1-180.
13
14      Section 40-69-190. (A) The board shall provide written
15   acknowledgement of every initial complaint and notify the initial
16   complainant in writing of the disposition of the matter. Although
17   entitled to notice, an initial complainant is not a party to the
18   proceeding and is not entitled to appeal or otherwise seek review
19   of the dismissal or other disposition of the matter. The
20   complainant has the right to be present at any disciplinary hearing
21   but may only participate as a witness.
22      (B) A person connected with any complaint, investigation, or
23   other proceeding before the board, including, but not limited to, the
24   complainant, any witness, counsel, counsel‟s secretary, board
25   member, board employee, court reporter, or investigator, must not
26   mention the existence of the complaint, investigation, or other
27   proceeding, disclose any information pertaining to the complaint,
28   investigation, or other proceeding, or discuss any testimony or
29   other evidence in the complaint, investigation, or other proceeding,
30   except to persons involved and having a direct interest in the
31   complaint, investigation, or other proceeding, and then only to the
32   extent necessary for the proper disposition of the complaint,
33   investigation, or other proceeding. However, whenever the board
34   receives information in any complaint, investigation, or other
35   proceeding before it indicating a violation of state or federal law,
36   the board may provide that information, to the extent the board
37   considers necessary, to the appropriate state or federal law
38   enforcement agency or regulatory body.
39      (C) The board must make public a copy of its final order
40   finding that a licensee has violated a provision of this chapter. The
41   final order must include any facts or circumstances necessary to
42   explain or support the board‟s findings and describe any sanction
43   imposed. The board‟s final order must not identify a complainant

     [499]                            28
 1   or witness involved in any disciplinary proceeding alleging sexual
 2   misconduct by the licensee upon request of the complainant or
 3   witness. The provisions of subsection (B) do not apply to any
 4   matter contained in a final order. In accordance with subsection
 5   (B), all matter related to a disciplinary action when the board finds
 6   that no violation of this chapter has occurred must remain
 7   confidential.
 8     (D) A person aggrieved by a final action of the board may
 9   appeal the decision to the Administrative Law Court in accordance
10   with the Administrative Procedures Act and the rules of the
11   Administrative Law Court. Service of a petition requesting a
12   review does not stay the board‟s decision pending completion of
13   the appellate process.
14
15      Section 40-69-200. (A) A person who practices or offers to
16   practice veterinary medicine or veterinary technology in violation
17   of this chapter, or who knowingly presents to or files false
18   information with the board for the purpose of obtaining a license,
19   is guilty of a misdemeanor and upon conviction must be fined not
20   less than five hundred dollars or more than twenty-five hundred
21   dollars or imprisoned for not less than thirty days. Each act of
22   unlawful practice constitutes a separate offense.
23      (B) A person performing acts as a licensed veterinary
24   technician in compliance with this chapter may not be deemed to
25   be engaging in the practice of veterinary medicine.
26
27      Section 40-69-210. (A) If the board has reason to believe that a
28   person is violating or intends to violate a provision of this chapter,
29   it may, in addition to all other remedies, order the person to
30   immediately desist and refrain from that conduct.
31      (B) The board may apply to an administrative law judge, as
32   provided under Article 5, Chapter 23, Title 1, for an injunction
33   restraining the person from that conduct. An administrative law
34   judge may issue a temporary injunction ex parte and upon notice
35   and full hearing may issue any other order in the matter as it
36   considers proper. A bond may not be required of the board by an
37   administrative law judge as a condition to the issuance of an
38   injunction or order contemplated by the provisions of this section.
39      (C) A member of the board or its committees, special
40   examiners, agents, and employees may not be held liable for acts
41   performed in the course of official duties, except where actual
42   malice is shown. For the purpose of an investigation or proceeding
43   under the provisions of this chapter, the board or any person

     [499]                             29
 1   designated by it may administer oaths and affirmations, subpoena
 2   witnesses, take evidence, and require the production of documents
 3   or records which the board considers relevant to the inquiry.
 4
 5      Section 40-69-215. The board shall not issue a cease and desist
 6   notice to an individual who has been hired solely for the act of
 7   „floating‟ teeth in an equine. If that animal requires sedation or
 8   anesthesia, a licensed professional holding a Drug Enforcement
 9   Administration and South Carolina drug license must administer
10   the controlled substance in accordance with state and federal law.
11
12      Section 40-69-220. (A) An applicant for a veterinary license
13   examination shall submit to the board, on or before a specified date
14   to be determined by the board, a completed application on forms
15   prescribed by the board and supported by proper credentials and
16   the payment of a fee to be set by the board in regulation.
17      (B) Fees must not be returned under any circumstances,
18   regardless of whether the applicant is accepted for examination,
19   fails the examination, withdraws an application, or is issued or
20   denied a license. If an applicant fails to take the examination for a
21   legitimate reason, the board may allow the applicant to take the
22   examination at a later date without having to pay another fee.
23      (C) After the board accepts the application and finds that the
24   applicant is otherwise qualified to meet the requirements necessary
25   to practice veterinary medicine, the applicant may be examined by
26   the board at its next scheduled examination date. The board shall
27   give notice to the applicant of the exact time and place of the
28   examination.
29      (D) The board shall conduct examinations of all applicants, and
30   the board may examine a veterinary applicant who submits
31   satisfactory evidence that the applicant:
32         (1) is a graduate of a school or college of veterinary
33   medicine accredited by the American Veterinary Medical
34   Association or holds a certificate issued by the Education
35   Commission of Foreign Veterinary Graduates or credentials issued
36   by a credentialing entity approved by the board; and
37         (2) has paid the required fee.
38      (E) The board, except as otherwise provided for in this chapter,
39   shall require the applicant to take a written examination to test the
40   applicant‟s knowledge of and proficiency in subjects and
41   techniques commonly taught in veterinary schools, or the board
42   may accept the results of the written examinations conducted by
43   the National Board of Veterinary Examiners or other nationally

     [499]                            30
 1   recognized examination organizations approved by the board. The
 2   board may administer an additional examination to determine an
 3   applicant‟s familiarity with applicable state law.
 4      (F) The board shall establish a minimum passing grade for each
 5   examination given by the board. If the applicant makes the
 6   minimum passing grade on the examination as established by the
 7   board and the board finds that the applicant is otherwise worthy,
 8   competent, and qualified, the board shall issue the applicant a
 9   license to practice veterinary medicine in this State.
10      (G) The examination of applicants for licenses to practice
11   veterinary medicine must be conducted in accordance with
12   regulations promulgated by the board.
13
14      Section 40-69-230. (A) An applicant for a veterinary technician
15   license examination shall submit to the board, on or before a
16   specified date to be determined by the board, a completed
17   application on forms prescribed by the board and supported by
18   proper credentials and the payment of a fee to be set by the board
19   in regulation.
20      (B) Fees must not be returned under any circumstances,
21   regardless of whether the applicant is accepted for examination,
22   fails the examination, withdraws the application, or is issued or
23   denied a license. If an applicant fails to take the examination for a
24   legitimate reason, the board may allow the applicant to take the
25   examination at a later date without having to pay another fee.
26      (C) After the board accepts the application and finds that the
27   applicant is otherwise qualified to meet the requirements necessary
28   to practice veterinary technology, the applicant may be examined
29   by the board at its next scheduled examination date. The board
30   shall give notice to the applicant of the exact time and place of the
31   examination.
32      (D) The board shall conduct examinations of all applicants, and
33   the board may examine an applicant who submits satisfactory
34   evidence that the applicant:
35         (1) is at least eighteen years of age;
36         (2) is a graduate of an American Veterinary Medical
37   Association accredited school of animal technology;
38         (3) has paid the required fee; and
39         (4) has provided other documents as the board may require.
40      (E) The examination of an applicant for licensure must be
41   conducted in accordance with regulations promulgated by the
42   board. The board shall require the applicant to take a written
43   examination in subjects relating to veterinary technology as the

     [499]                            31
 1   board may require. The board shall accept the Veterinary
 2   Technician National Examination or other nationally recognized
 3   examinations approved by the board. The board may administer
 4   an additional examination to determine an applicant‟s familiarity
 5   with applicable state law.
 6     (F) The board shall establish a minimum passing grade for each
 7   examination given and shall hold at least one examination
 8   annually. Each applicant is entitled to at least one reexamination.
 9     (G) A person previously issued a certificate to work as a
10   veterinary technician before August 2, 1981, by the South Carolina
11   State Board of Veterinary Medical Examiners, upon payment of
12   the required fee must be issued a certificate by the board.
13
14      Section 40-69-240. (A) The board may issue a temporary
15   license to practice veterinary medicine or veterinary technology to
16   an applicant if the applicant has satisfied:
17        (1) the qualifications and requirements of Section 40-69-220
18   or Section 40-69-230, as applicable;
19        (2) filed an application, including any other required
20   documentation, to take the examination;
21        (3) paid a temporary license fee which must be set by the
22   board in regulation, in addition to the examination fee; and
23        (4) has been granted a degree from an accredited veterinary
24   college or degree in veterinary technology.
25      (B) A temporary license entitles the holder to practice only
26   until the board has acted upon the application for a permanent
27   license after the applicant successfully completes the next
28   regularly scheduled examination. A temporary license is not
29   renewable. Only one temporary license may be issued to a person.
30   The board may renew a temporary license of a person who is
31   unable to attend the examination because of illness, accident, or
32   other reasonable condition beyond the person‟s control until the
33   board is able to act on the application after the person completes
34   the required examination.
35      (C) A temporary license entitles the holder to practice with
36   supervision in accordance with the following:
37        (1) A veterinarian holding a current and valid license and
38   who has been practicing for a period of not less than sixty days in
39   another state, post-graduation, may practice with indirect
40   supervision as defined in this chapter.
41        (2) A veterinarian who has been granted a degree from a
42   veterinary college but who cannot provide evidence of sixty days


     [499]                           32
 1   of clinical practice, post-graduation, may practice with direct
 2   supervision as defined in this chapter.
 3         (3) A veterinary technician holding a current and valid
 4   license in another state may practice with direct or indirect
 5   supervision at the discretion of the licensed veterinarian and in
 6   compliance with this chapter or as set forth in regulation.
 7         (4) A veterinary technician who does not hold a current and
 8   valid license in another state may practice with direct supervision
 9   of a licensed veterinarian.
10
11      Section 40-69-250. (A) A license issued pursuant to this chapter
12   is valid for a period of time not to exceed two years. The license
13   may be renewed in accordance with procedures promulgated by
14   the board through regulation upon the payment of a renewal fee
15   and upon fulfillment of continuing education, as required by the
16   board through regulation. Failure to pay the renewal fee, including
17   any late fees, before the first day of February of the renewal year
18   renders the license void.
19      (B) A licensee who allows the license to lapse by failing to
20   renew the license in accordance with this section may be reinstated
21   by the board upon payment of renewal fees and satisfaction of
22   continuing education requirements, if required, by the board
23   through regulation. The board may assess a reinstatement fee and
24   impose additional requirements for reinstatement as may be
25   established by regulation.
26      (C) The board also may issue a duplicate license to replace one
27   that has been lost or destroyed upon payment of a fee established
28   in regulation. A duplicate license must have the word „Duplicate‟
29   typed or printed across the face of the license.
30      (D) A person licensed pursuant to this chapter must display the
31   license in a prominent and conspicuous place in the person‟s
32   primary place of practice.
33      (E) A licensee shall notify the board in writing of a change in
34   name or mailing address within thirty days and, when requesting a
35   name change on a license, shall submit legal documentation
36   indicating the name change.
37
38      Section 40-69-260. (A) The board may issue a license to a
39   qualified applicant who:
40        (1) is licensed to practice veterinary medicine in another
41   state if the applicant furnishes satisfactory proof that he is a
42   graduate of an approved veterinary college and is in good standing
43   in his respective state; and

     [499]                           33
 1        (2) has passed the National Board Examination and the
 2   Clinical Competency Test as prepared under the authority of the
 3   National Board Examination Committee for Veterinary Medicine
 4   (NBEC), or its predecessor organization, the National Board of
 5   Veterinary Medical Examiners, or any subsequent national
 6   licensing examination prepared under the authority of the NBEC or
 7   the American Association of Veterinary State Boards; and
 8        (3) has passed the state licensing exam; and
 9        (4) has completed thirty qualifying continuing education
10   hours within the previous two years.
11      (B) A person may not be licensed under this section except
12   upon proof that he has taken and passed a written examination in at
13   least one of the states in which he is licensed.
14      (C) The board shall use the examination prepared by the
15   National Board Examination Committee or other nationally
16   recognized veterinary examinations approved by the board in lieu
17   of a state written and practical examination. The board may
18   administer an additional examination to determine an applicant‟s
19   familiarity with applicable state law.
20
21      Section 40-69-270. (A) A person may not engage in the practice
22   of veterinary medicine in this State without a current and valid
23   license issued by the board pursuant to this chapter. Nothing in
24   this chapter may be construed to prohibit:
25         (1) a person who is a regular student, technician, or
26   instructor in a legally chartered educational institution from the
27   performance of those duties and actions conducted as a
28   responsibility in teaching and research or a veterinary student
29   preceptee working under the direct supervision of a licensed
30   veterinarian during a school vacation period or in a preceptorship
31   program;
32         (2) a veterinarian holding a current and valid license in
33   another state from acting as a consultant with a licensed
34   veterinarian of this State;
35         (3) a veterinarian who is a member of the Armed Forces of
36   the United States or who is an employee of the United States
37   Department of Agriculture, the United States Public Health
38   Service, or other federal agencies or the State of South Carolina or
39   political subdivisions of this State from performing official duties
40   in accordance with employment;
41         (4) a person or a regular employee from administering to the
42   person‟s own animals, except when the ownership is so vested for
43   the purpose of circumventing the provisions of this chapter or

     [499]                            34
 1   except when the employee is so employed for the purpose of
 2   circumventing the provisions of this chapter; however, the
 3   administration to the animals must be in compliance with all
 4   federal, state, and local laws;
 5         (5) state or federal agencies, accredited schools, research
 6   institutions, foundations, corporations, or employees of these,
 7   which or who conduct experiments and scientific research using
 8   animals, if the research or testing is performed in compliance with
 9   all federal, state, and local laws;
10         (6) a person from performing artificial insemination to
11   animals;
12         (7) initiation of prescribed emergency procedures in life
13   threatening situations by a veterinary technician employed by a
14   licensed veterinarian;
15         (8) a merchant from selling, at a regular place of business,
16   medicines, feed, appliances, or other animal health products if all
17   sales are done in compliance with all federal, state, and local laws
18   and in accordance with regulations promulgated by the board.
19      (B) Nothing in this chapter limits or affects the practice of a
20   person who is licensed in this State and who is acting within the
21   scope of another licensed practice or profession.
22      (C) Nothing in this chapter affects the practice of qualified
23   persons to whom a licensed veterinarian has delegated the
24   performance of procedures, therapeutic options, and alternate
25   therapies.       The delegating veterinarian must verify the
26   qualifications of these persons and their competencies before
27   delegation. The delegating veterinarian remains responsible for
28   the general care of the patient.
29
30      Section 40-69-280. (A) An animal is considered abandoned
31   when the animal has been placed in the custody of a licensed
32   veterinarian for boarding, treatment, or other care and is unclaimed
33   by its owner or the owner‟s agent and the owner or the owner‟s
34   agent has not paid the charges for the boarding, treatment, or other
35   care within ten days of notice of these charges being provided to
36   the owner or the owner‟s agent in accordance with this section and
37   no other payment agreement with the owner or the owner‟s agent
38   has been reached.
39      (B) The notice required in subsection (A) must be given to the
40   owner of the animal or the owner‟s agent at his last known address
41   by registered mail or by certified mail, return receipt requested,
42   and must contain a statement that if the animal is not claimed and
43   if the charges are not paid within ten days after receipt of the

     [499]                            35
 1   notice, the animal may be sold, donated, turned over to the nearest
 2   humane society or animal shelter or otherwise disposed of as the
 3   person having custody of the animal considers proper.
 4      (C) The owner of an abandoned animal is deemed to have
 5   relinquished all rights and claims to the animal by virtue of the
 6   abandonment.
 7      (D) Providing notice to the owner or the owner‟s agent pursuant
 8   to this section relieves the custodian of the animal of any liability
 9   for the sale, donation, euthanasia, or other disposal of the animal.
10
11     Section 40-69-285. A licensed veterinarian has a lien on each
12   animal treated, boarded, or cared for while in the veterinarian‟s
13   custody for payment of charges for treatment, board, or care of the
14   animal. The veterinarian has the right to retain the animal until the
15   charges are paid by the owner of the animal.
16
17      Section 40-69-290. An emergency clinic or emergency hospital
18   is a facility which advertises or otherwise purports to provide
19   veterinary medical services during specified hours of operation or
20   during periods when these services are not normally available
21   through other facilities. Nothing contained in this chapter is
22   intended to prohibit a facility from providing services of an
23   emergency nature.
24      A licensed veterinarian must be in attendance at the emergency
25   facility at all hours of operation and have sufficient staff always
26   available to provide timely and appropriate care.
27
28      Section 40-69-295. Regardless of mode of transportation, a
29   mobile facility must have a permanent base of operation with a
30   published address and telephone facilities for making appointments
31   or responding to emergency situations.”
32
33   SECTION 2. If any section, subsection, paragraph, subparagraph,
34   sentence, clause, phrase, or word of this act is for any reason held
35   to be unconstitutional or invalid, such holding shall not affect the
36   constitutionality or validity of the remaining portions of this act,
37   the General Assembly hereby declaring that it would have passed
38   this act, and each and every section, subsection, paragraph,
39   subparagraph, sentence, clause, phrase, and word thereof,
40   irrespective of the fact that any one or more other sections,
41   subsections, paragraphs, subparagraphs, sentences, clauses,
42   phrases, or words hereof may be declared to be unconstitutional,
43   invalid, or otherwise ineffective.

     [499]                            36
1
2 SECTION 3. This act takes effect upon approval by the Governor.
3                          ----XX----
4




  [499]                          37

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:11
posted:6/19/2011
language:English
pages:39