Veterinary Medicine and Veterinary Technology Practice Act Model

AMERICAN ASSOCIATION OFVETERINARY STATE BOARDS

Veterinary Medicine and VeterinaryTechnology Practice Act Model

with Comments

Veterinary Medicine Practice Act Model with Comments created 2001

Veterinary Medicine and Veterinary Technology Practice Act Modelwith Comments revised 2002

Articles I and III revised 2005

Article I revised 2009

380 West 22nd StreetSuite 101

Kansas City, MO 64108

Veterinary Medicine and Veterinary Technology Practice Act Model is a publication of the AmericanAssociation of Veterinary State Boards (AAVSB), 380 West 22nd Street, Suite 101, Kansas City, MO 64108.

Copyright by AAVSB. All rights reserved.

Table of ContentsTable of Contents ...................................................................................................................................... i - iiIntroduction ................................................................................................................................................... i1Acknowledgments ........................................................................................................................................ i4

Article I: Title, Purpose, and Definition ............................................................................................ I.1 Section 101. Title of Act. ....................................................................................................................... I.1 Section 102. Legislative Declaration ..................................................................................................... I.1 Section 103. Statement of Purpose ....................................................................................................... I.1 Section 104. Practice of Veterinary Medicine ....................................................................................... I.2 Section 105. Practice of Veterinary Technology ................................................................................... I.2 Section 106. Exempt persons or activities. ............................................................................................ I.3 Section 107. Definitions. ........................................................................................................................ I.5

Article II. Board of Veterinary Medicine ......................................................................................... II.1 Section 201. Designation. ..................................................................................................................... II.1 Section 202. Membership. .................................................................................................................... II.2 Section 203. Qualifications. .................................................................................................................. II.2 Section 204. Appointment. .................................................................................................................... II.3 Section 205. Terms of Office. .............................................................................................................. II.3 Section 206. Vacancies. ....................................................................................................................... II.4 Section 207. Removal. .......................................................................................................................... II.4 Section 208. Organization. .................................................................................................................... II.5 Section 209. Compensation of Board Members. .................................................................................. II.5 Section 210. Meetings. ......................................................................................................................... II.6 Section 211. Employees. ....................................................................................................................... II.6 Section 212. Rules. ............................................................................................................................... II.7 Section 213. Powers and Responsibilities. ........................................................................................... II.7

Article III. Licensing. ........................................................................................................................ III.1 Section 301. Unlawful Practice. ......................................................................................................... III.1 Section 302. Qualifications for Licensure by Examination. ................................................................ III.7 Section 303. Educational Equivalence. .............................................................................................. III.11 Section 304. Examinations. ............................................................................................................... III.12 Section 305. Qualifications for a Provisional License or Temporary Practice. ................................ III.13 Section 306. Qualifications for License Transfer. ............................................................................ III.15 Section 307. Continuing Competence. .............................................................................................. III.17 Section 308. Licensure Renewal Requirements. .............................................................................. III.19 Section 309. Requirements for Reinstatement of an Expired License. ............................................ III.19

Article IV. Discipline. .......................................................................................................................... IV.1 Section 401. Grounds, Penalties, and Reinstatement. .........................................................................IV.1 Section 402. Summary Suspension. ................................................................................................... IV.11

Article V. Confidentiality. ...................................................................................................................... V.1 Section 501. Confidential Communications and Exceptions. ................................................................ V.1

Article VI. Mandatory Reporting. ..................................................................................................... VI.1 Section 601. Permission to Report. .................................................................................................... VI.1 Section 602. Professional Societies or Associations. .......................................................................... VI.1 Section 603. Licensees and Applicants. ............................................................................................. VI.2 Section 604. Reporting Other Licensed Professionals. ...................................................................... VI.3 Section 605. Courts. ........................................................................................................................... VI.3 Section 606. Self-Reporting. ............................................................................................................... VI.3 Section 607. Deadlines, Forms. .......................................................................................................... VI.3 Section 608. Immunity. ....................................................................................................................... VI.4

Article VII. Other. ............................................................................................................................. VII.1 Section 701. Severability. ...................................................................................................................VII.1 Section 702. Effective Date. .............................................................................................................VII.1

IntroductionThe American Association of Veterinary State Boards (AAVSB) is pleased to present the AAVSB

Veterinary Medicine and Veterinary Technology Practice Act Model. In July 2001, the Delegates to theAAVSB Delegate Assembly in Boston approved the Veterinary Practice Act Model as a resource docu-ment available for use by member boards. Because it is a “living document”, the Assembly alsodirected the Practice Act Model Task Force to continue their work by adding statutory language re-garding the regulation of veterinary technicians.

In order to fulfill the Delegate Assembly’s directive, the membership of the Task Force ex-panded to include additional volunteers. Marilynn Cute, LVT (NY), Barbara Pinker, CAHT (PA) andRobert Gillespie, DVM (IN) are all members of the veterinary regulatory board in their respectivejurisdictions and made significant contributions to this draft. Returning members include chair, Dr. LilaMiller (NY), Dr. Joe Gordon (NC) and Dr. Georgianne Ludwig (IL).

AAVSB invites comments from all interested persons on the revised and retitled VeterinaryMedicine and Veterinary Technology Practice Act Model. Like the original, it has been formatted toinclude the Model legislation in the left-hand column with corresponding commentary in the right-hand column. There will be an open meeting on Saturday, July 13, 2002 at the Loews Vanderbilt Hotelin Nashville, Tennessee beginning at 4:30 p.m. The comment period will extend until October 31, 2002in order to provide ample time for consideration of this draft.

In an attempt to provide the rationale and thought processes behind several portions of thePractice Act Model, readers are encouraged to read the commentary as well as the Act to receive acomplete perspective.

The purpose of the AAVSB Practice Act Model is to provide a resource to its Member Boards,many of which regulate the practice of veterinary technology as well as veterinary medicine. Thisdocument reflects a national perspective and was developed by the AAVSB consistent with its publicprotection mission. The AAVSB Practice Act Model reflects the most current thinking on professionalregulation. An additional goal is to facilitate greater standardization of terminology and regulationamong jurisdictions. It is hoped that such uniformity will begin to allow jurisdictions to provide forincreased public protection through effective regulation as well as facilitating mobility of veterinaryprofessionals from jurisdiction to jurisdiction through the licensure process. Such developments areadvantageous to the public by clarifying the role of veterinary medical regulatory boards while creat-ing valid and accurate expectations for veterinary medical services. Increased mobility will also pro-vide the public with greater access to qualified veterinarians to perform important services.

The AAVSB Practice Act Model was not drafted to protect professional territory or to define orsecure specific job descriptions for veterinarians or veterinary technicians. While professional promo-tion may be an important activity of professional associations, societies, and other professional vet-

American Association of Veterinary State Boards

Practice Act Model | Introduction

erinary medicine membership groups, the sole concern of the AAVSB Practice Act Model is the protec-tion of the public..

At the 2000 AAVSB annual meeting in Salt Lake City, AAVSB Member Boards were presentedwith a “generic” model practice act for comment and discussion. After receiving several constructivecomments, and based upon the will of the membership, the AAVSB Executive Committee convened aModel Act Task Force. The Task Force was convened in July 2000 and met twelve times betweenSeptember 2000 and June 2001. During its meetings, Task Force members argued passionately theirpoints of view and studied research, information, and other regulatory schemes. Such healthy debateled to the draft, which was disseminated for comment on March 7, 2001. AAVSB endeavored todisseminate its draft Model Act to all interested organizations. To this end, it was also posted on theAAVSB web site to provide access to the entire public. Comments were received from over fifty orga-nizations and individuals from across the country. All comments were extensively reviewed by theModel Act Task Force in subsequent meetings from the public protection perspective. Where appro-priate, constructive comments resulted in modifications to the act and/or commentary.

From the perspective of the Model Act Task Force, and as reflected by the comments, the mostchallenging issues included the scope of practice, exemptions from licensure, board powers and re-sponsibilities, the title protection of the term “veterinarian”, and mandatory reporting. Several addi-tional comments also addressed other aspects of the Practice Act Model. While the Practice ActModel commentary contains explanations for most of the issues raised by individuals and entitieswho provided written comments to the original document, certain challenging issues are worthy ofdiscussion in this Introduction. It is also worth noting that virtually the entire AAVSB Practice ActModel is law at least in part in one or more jurisdictions. Thus, the Model is not a departure from whatalready exists in several jurisdictions.

First, the Scope of Practice is probably one of the most important clauses within the legisla-tion. Accordingly, it was extensively discussed by the Task Force and also was the subject of com-ments as well. AAVSB is of the opinion that section 104 of the Practice Act Model reflects an appro-priate reference to both generalities and the specifics of the practice of veterinary medicine. AAVSBbelieves that the broadness and flexibility within the definitions of the practices of veterinary medi-cine is necessary in order to most effectively protect the public. Similarly, Section 105 reflects anappropriate reference to tasks which may be performed by a Veterinary Technician under the supervi-sion of a licensed Veterinarian.

Also subject to various comments were the Exemptions contained in section 106. Exemptionsunder section 106 (10) and (11) were added to reflect the ability of those in academia to continueproviding various services in education and research. AAVSB believes it is important to recognize thatsuch activities fall within the scope of practice but are exempted from licensure, rather than attempt-ing to formulate the scope of practice to not include such activities. The commentary to sections 106and 107 further address these issues.



The Powers and Responsibilities as set forth in section 213 were the subject of rigorous re-view and comments. Specifically, section 213 (a) (5) grants authority to the board to determine thestandards for recognition and approval of degree programs of schools and colleges of veterinarymedicine and veterinary technology for purposes of determining licensure eligibility. As has beenaddressed in the commentary to this particular section, AAVSB respects the 10th Amendment of theUnited States Constitution which bestows upon the states the authority to provide regulation withintheir borders. Furthermore, AAVSB also recognizes the legal doctrine of improper delegation, whichprohibits the legislatures and boards from delegating to outside private entities their authority todetermine criteria necessary for licensure as a veterinarian. AAVSB believes that such decision-mak-ing must be maintained by the regulatory board, through the legislative process, based upon its ac-countability to the public and public protection mission. Delegation analysis involves constitutionalprinciples and prohibits unequivocal reliance in licensure decision-making upon outside private enti-ties that are not accountable to the public and over whom the legislature and regulatory board haveno rights of participation. Again, this concept is fully discussed in the commentary to section 213(a)(5). Furthermore, a similar legal analysis applies to sections 302 (a)(4) and (5) and 302 (b)(4) and(5) Qualifications for Licensure by Examination, as well as section 303, Educational Equivalence, andsection 304, Examinations.

Regarding the protection of the title “veterinarian,” the AAVSB believes that the use of suchterm should be limited to those legally able to practice veterinary medicine. This position is not onlyconsistent with federal law but also provides the maximum public protection by minimizing the mis-conceptions of the consumers over individuals who are and are not able to practice veterinary medi-cine. Additionally, several states already limit the use of the term veterinarian to only licensees.AAVSB believes that an administrative enforcement mechanism must be vested in the regulatoryboard in order to best protect the public. AAVSB also believes that limiting enforcement of protectingthe title “veterinarian” through the civil sector (after harm has occurred) or through the District Attorney’soffice (if criminal statutes are implicated) does not satisfactorily protect the public. A similar publicprotection argument regarding use of the title “veterinary technician” can also be made. Again, inter-ested parties are encouraged to read the comments to section 301 (b), Unlawful Practice.

AAVSB intends that the Practice Act Model provide a basis for information on the regulation ofveterinary medicine and veterinary technology. Consistent with other regulatory schemes, the Prac-tice Act Model does not contain specific references to the administrative procedures used in thedisciplinary process. Each jurisdiction has an Administrative Procedures Act that addresses the “dueprocess” rights to which licensees are entitled in the administrative investigative and disciplinaryprocesses. Also, the federal and state constitutions address the procedural rights bestowed uponlicensees. To avoid inconsistencies with such other laws and regulations, AAVSB has not addressedthese specific rights in the Practice Act Model.

Although the AAVSB Practice Act Model includes language authorizing a board to regulateveterinary facilities, it does not have recommended standards of practice for facilities. Many jurisdic-tions currently regulate facilities, so this area of concern to the legislatures and boards is one that



AAVSB intends to address in the future.

The AAVSB Practice Act Model was developed and is available to AAVSB Member Boards as aresource containing contemporary language regarding the regulation of veterinary medicine and vet-erinary technology. It was drafted to withstand legal scrutiny and provide maximum public protection.While distancing itself from undue influence from professional associations to avoid legal and practi-cal allegations of the “profession protecting its own,” AAVSB welcomes input from these organiza-tions, their state chapters, individual practitioners, academia, and others in formulating this docu-ment. The association appreciates all those who provided constructive comments to the original docu-ment. It is important to note the AAVSB Practice Act Model is a fluid document which will always besubject to modifications and, thus, can never be “final.” AAVSB looks forward to continued dialogueon its Practice Act Model whereby Member Boards can comment and fully discuss issues impactingthe regulation of veterinary medicine, veterinary technology and the mission of public protection. TheAAVSB Practice Act Model is an example of the resources that can be made available to AAVSB Mem-ber Boards when diverse interests work together toward a common goal.

Acknowledgments

The American Association of Veterinary State Boards is very grateful to Dr. Lila Miller, chair of theModel Act Task Force and to Marilynn Cute, LVT, Barbara Pinker, CAHT, Georgianne Ludwig, DVM, BobGillespie, DVM, and Joe Gordon, DVM, task force members and consultants who worked so hard anddevoted so much time to developing the AAVSB Veterinary Medicine and Veterinary Technology Prac-tice Act Model.

AAVSB would also like to thank the veterinary regulatory boards, professional organizations, andindividuals who took the time to review and comment on this original model during its creation andhopes that many will comment on this draft. Input from these groups is an extremely important part inthe development of this document.



ArArArArArticticticticticle Ile Ile Ile Ile ITitle, Purpose, and Definitions

Introductory Comment to Article I

AAVSB believes that the public interest must be thecentral precept of any professional regulatory act andits administration, and that state regulatory boardsmust constantly strive to ensure that this basic prin-ciple is upheld. These beliefs are clearly articulated inthe Veterinary Medicine and Veterinary TechnologyPractice Act Model (“Act”).

Article I of the Act states that safeguarding the publicinterest is the most compelling reason for regulatingthe practices of veterinary medicine and veterinarytechnology, and identifies the activities included withinthe practices. Definitions of other terms used through-out the Act are also included in this article.

Article I. Title, Purpose, and Definitions

An ACT concerning the regulation of the practices ofveterinary medicine and veterinary technology.

Be it enacted…

Section 102. Legislative Declaration

The practices of veterinary medicine and vet-erinary technology in the state ofare declared professional practices affecting the pub-lic health, safety, and welfare and are subject to regu-lation and control in the public interest. It is furtherdeclared to be a matter of public interest and concernthat the practices of veterinary medicine and veteri-nary technology, as defined in the Act, merit and re-ceive the confidence of the public and that only quali-fied persons be permitted to engage in the practice ofveterinary medicine or veterinary technology in thestate of . This Act shall be liberallyconstrued to carry out these objectives and purposes.

Section 102. Legislative Declaration

Veterinary medicine and veterinary technology arelearned professions affecting public health and wel-fare and should be declared as such by the legislature.

Section 101. Title of Act

This Act shall be known as the “(Name of State)Veterinary Medicine and Veterinary Technology Prac-tice Act.”

American Association of Veterinary State Boards Shaded text indicates Regulations

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Practice Act Model with comments | Article I


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Section 103. Statement of Purpose

(a) It is the purpose of this Act to promote,preserve, and protect the public health, safety, andwelfare by and through the effective control andregulation of persons, residing in or out of the statethat practice veterinary medicine or veterinary tech-nology within this state.

(b)(1) The purposeof this Act is to fully oc-cupy the field of veterinary medicine and provideuniform state-wide regulatory scheme to be en-forced by the board of veterinary medicine as de-fined in the scope of practice. As such, no city orcounty shall prohibit a veterinarian, as defined, fromengaging in any act or performing any procedure thatfalls with the professionally recognized scope ofpractice of licensure as a veterinarian, including butnot limited to the scope of practice set forth in thisAct.

(2) Nothing in this section 103(b) shall pro-hibit any city or county from:

(i) levying a business license tax solely forrevenue purpose, or

(ii) leving a license tax soley for the purposeof covering the cost of regulation.

Section 103. Statement of Purpose

The Statement of Purpose defines the general scopeof the Veterinary Medicine and Veterinary TechnologyPractice Act. A board must have full knowledge of thepersons practicing veterinary medicine and vet erinarytechnology within its jurisdiction, and must effectivelyprotect the public through regulation. This section pro-vides for the regulation of both practices and the li-censure of veterinarians and veterinary technicians en-gaged in these practices, and also stipulates that theregulation of the practices of veterinary medicine andveterinary technology extends to all veterinarians andveterinary technicians practicing in the state, regard-less of their actual state of residency.


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Section 104. Practice of Veterinary Medicine

The Practice of Veterinary Medicine means:

Any person practices veterinary medicine withrespect to animals when such person performs any oneor more of the following: (a) Directly or indirectly con-sults, diagnoses, prognoses, corrects, supervises, orrecommends treatment of an animal, for the preven-tion, cure or relief of a wound, fracture, bodily injury,disease, physical or mental condition; (b) Prescribes,dispenses or administers a drug, medicine, biologic,appliance, application or treatment of whatever na-ture; (c) Performs upon an animal a surgical or dentaloperation or a Complementary or Alternative Veteri-nary Medical procedure; (d) Performs upon an animalany manual procedure for the diagnoses and /or treat-ment of pregnancy, sterility, or infertility; (e) Deter-mines the health, fitness, or soundness of an animal;

(f) Represents oneself directly or indirectly, as engag-ing in the practice of veterinary medicine; or (g) Usesany words, letters or titles under such circumstanceas to induce the belief that the person using them isqualified to engage in the practice of veterinary medi-cine, as defined. Such use shall be prima facie evi-dence of the intention to represent oneself as engagedin the practice of veterinary medicine.

The Practice of Veterinary Medicine as definedabove is intended to include the practice of AnimalChiropractic and the practice of Animal PhysicalTherapy as defined in Article I, Section 107 of this Act.

Section 104. Practice of Veterinary Medicine

The definition of the practice of veterinary medicineis one of the most important – and most-discussed –clauses in the AAVSB Veterinary Medicine and Veteri-nary Technology Practice Act Model. Veterinary Medi-cine is a dynamic profession, particularly over the pastseveral years, and any definition of practice needs tocontain a degree of flexibility that will allow the Boardto make necessary adjustments from time to time tomeet a changing veterinary medicine environment, anevolving practice, and the ongoing needs of consum-ers. The definition in Section 104 is purposely broadin order to provide substantial latitude to the Board inthe adoption and implementation of rules. However,the definition does specifically identify a range of ac-ceptable activities. The rules process would functionas an important tool in the Board’s efforts to adaptthe definition to the needs of its state, since any newor amended rules that the Board may implementwould be promulgated within the requirements of thestate’s Administrative Procedures Act, and would af-ford all interested parties an opportunity to providereview and comment.


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Section 105. Practice of Veterinary Technology

The Practice of Veterinary Technology means:

Any person practices veterinary technologywith respect to animals when such person performsany one or more of the following: (a) Provides profes-sional medical care, monitors and treats animals, un-der supervision of a licensed Veterinarian; (b) Repre-sents oneself directly or indirectly, as engaging in thepractice of veterinary technology; or (c) Uses anywords, letters or titles under such circumstance as toinduce the belief that the person using them is quali-fied to engage in the practice of veterinary technol-ogy, as defined. Such use shall be prima facie evidenceof the intention to represent oneself as engaged in thepractice of veterinary technology. Nothing in this sec-tion shall be construed to permit a Veterinary Techni-cian to do the following:

a) Surgery.b) Diagnosis and prognosis of animal dis-eases.c) Prescribing of drugs, medicine andappliances.

Regulations defining tasks of Veterinary Technicians:The board shall adopt regulations establish-

ing animal health-care tasks and an appropriate de-gree of supervision required for those tasks that maybe performed only by a Veterinary Technician or a Vet-erinarian.

Section 105. Practice of Veterinary Technology

See comment to Section 107 (z) regarding the protec-tion of the title and the licensed profession.


Section 106. Exempt Persons or Activities.

The requirements of the Act shall not apply to the fol-lowing:

1. Any veterinary medical officer serving in theUnited States armed forces or in the federal or stategovernment performing veterinary medical serviceswithin the scope of official duties, provided such vet-erinary medical services are limited to the period oftheir service;

2. Any animal care specialist serving in theUnited States armed forces or in the federal or stategovernment performing veterinary technology ser-

Section 106. Exempt Persons or Activities.

The AAVSB recognizes that some states include addi-tional exemptions relating to the spaying, neutering,dehorning, castration, emasculation, or docking ofcattle, horses, sheep, goats, or swine in the course orexchange of work for which no monetary compensa-tion is paid, or to artificial insemination and the col-lection of semen as well as additional services. Due tothe potential for harm to the public/animal(s), it is theintent of the Act to include persons performing suchactivities as professionals who must be licensed. Ac-cordingly, these particular activities are intentionallyabsent from the list of exempt persons and such ac-tivities are included in the practice definition.


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vices within the scope of official duties, provided suchveterinary technology services are limited to the pe-riod of their service;

3. Any person offering gratuitous services incases of emergency;

4. Any veterinarian who is licensed in anotherstate or country, or any person whose expertise, in theopinion of the veterinarian licensed in this state, wouldbenefit an animal, and who is consulting with a veteri-narian licensed in this state provided such service islimited to such consultation;

5. Any person in this state other than a veteri-narian whose expertise, in the opinion of a veterinar-ian licensed in another state or country, would benefitan animal, and who is consulting with such veterinar-ian provided such service is limited to such consulta-tion;

6. Any intern or resident who practices veteri-nary medicine in any college in this state offering aprogram in veterinary medicine and who is a graduateof a school of veterinary medicine approved by theBoard in any state or country, provided such practiceis limited to such duties as intern or resident and isunder the supervision of a Veterinarian or faculty un-der Section 106(11);

7. Any student enrolled and in good standing ina school of veterinary medicine approved by the Boardwho engages in practice at a veterinary teaching hos-pital or under the supervision of a licensed veterinar-ian under this article; provided however, that only suchstudents who have completed at least _________[time period may be reflected in course hours, per-centage of completion of curriculum or years] in anApproved Veterinary Medical Program may assist indiagnosis, treatment and surgery in such practice, sub-ject to the following limitations:

a) assistance in diagnosis and surgerymust be under the immediate super-

The exemption for students who engage in practice ata veterinary teaching hospital or under the supervi-sion of a licensed veterinarian is intended to be re-stricted to those students who have completed somebasic clinical courses. After much discussion and re-view of the comments, the AAVSB chose to leave thetime period blank. The states should determine therequisite time period which can be reflected in hours,percentages or years. Similarly, states should deter-mine the appropriate prerequisites to be completedbefore veterinary technology students are permittedto engage in the practice of veterinary technology.

As drafted, the exemption is intended to restrict thepractice of veterinary technology to those studentswho have completed some basic courses and are pur-suing completion of the experience component of theprogram.

In all cases the exemption is intended to apply only tostudents practicing under the appropriate supervisionas determined by the board. With regard to educa-tors, the AAVSB noted that several jurisdictions alreadyrequire licensure of educators who teach core clinicalcurriculum. Others require faculty licenses or institu-tional licenses. AAVSB feels strongly that veterinarymedicine educators involved in direct, clinical relation-ships with the public and its animals are engaged inpractice and, thus, should be licensed, particularlywhen a veterinarian-client-patient relationship exists.

Through the Model Act comment process, however,concerns were voiced regarding the practical implica-tions such a licensure requirement would have on theeducation, recruitment of faculty and the undertakingof research and other important projects related tothe educational process. Based on these comments,and recognition of the practical implications such arequirement might have on educational institutions,the AAVSB Model Act exempts such educators fromthe requirement of licensure at this time.

To protect the public and to prevent persons from cir-cumventing the licensure requirements, the exemp-

Section 106. Cont’d. Section 106. Cont’d.


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Section 106. Cont’d.


vision of such veterinarian; andb) assistance in treatment must be un-

der the indirect supervision of suchveterinarian.

8. Any student enrolled and in good standing ina school of veterinary technology approved by theBoard who engages in the practice of veterinary tech-nology in pursuance of the required experience com-ponent of the program under supervision of a licensedVeterinarian or at a veterinary teaching hospital un-der supervision of veterinary faculty.

9. An animal shelter employee who performseuthanasia in the course and scope of the person’s em-ployment if the person has successfully completedtraining acceptable to the Board.

10. Any persons engaged in bona fide scientificresearch which requires the use of animals;

11. Any person recognized as faculty and whoeducates or teaches courses within an Approved Vet-erinary Medical Program.

12. Any person or that person’s employee, whotreats animals belonging to that person, providing thatownership is not transferred for the purpose of circum-venting this Act.

tion from licensure for educators is limited to recog-nized faculty members who teach courses in ApprovedVeterinary Medical Programs.

Thus, persons who teach courses in programs that arenot approved by the board do not qualify for the ex-emption and must be licensed. AAVSB determinedthatthis would protect the public by requiring licensure ofpersons who teach at “unrecognized” schools/pro-grams. AAVSB specifically recommends that this issuebe revisited to best determine how to meet the needsof the educational community while maintaining pub-lic protection and accountability.

In the event that a member board chooses to requirethe licensure of educators, the following provision maybe incorporated into the definition of the “Practice ofVeterinary Medicine” as set forth in Section 104 of thisAct, with the remaining provisions being renumberedaccordingly:

(b) Educates or teaches clinical curriculumcourses within an Approved Veterinary Medical Pro-gram.

This clause was in the original draft of the Act andsubsequently deleted based on the reasoningreferenced above.

A broad exemption is granted in the model statute toanimal shelter employees who perform euthanasias.The taskforce acknowledges that many jurisdictionshave adopted more specific language requiring thatshelter animals be euthanized by certified euthanasiatechnicians when a veterinarian or veterinary techni-cian is not available.

A variety of certification methods have emergedthrough the rules process. In Idaho, the VeterinaryBoard has established a Euthanasia Task Force that cer-tifies euthanasia technicians. Other jurisdictions cer-tify euthanasia technicians through outside agencieswith little Veterinary Board involvement.



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Section 107. Definitions

When used in this Act, these words and phrases shallbe defined as follows:

(a) Animal means any member of the animalkingdom other than humans, whether livingor dead.

(b) Animal Chiropractic as used in this Actmeans the examination and treatment of anonhuman animal through the manipulationand adjustment of specific joints and cranialsutures of the animal.

(c) Animal Physical Therapy as used in thisAct means the rehabilitation of injuries in anonhuman animal through the use of thefollowing techniques, but does not include

Animal Chiropractic:

i. Stretching;ii. Massage therapy;iii. Rehabilitative exercise;iv. Hydrotherapy;v. Application of heat or cold; andvi. Stimulation by the use of:

a) Low-level lasers;b) Electrical sources;c) Magnetic fields; or

noninvasive ultra-sound.

(d) Approved Provider of Continuing Educationmeans any professional association, universityor college, corporation or other entity that hasmet the requirements of the Board to provideeducational courses that are designed to as-sure continued competence in the practice ofveterinary medicine or veterinary technology.

(e) Approved Program of Continuing Educationmeans an educational program approved bythe Board or offered by an Approved Providerof Continuing Education.

(f) Approved Veterinary Medical Program meansa school of veterinary medicine or a veteri-


Section 107(d) and (e). Approved Provider and Ap-proved Program of Continuing Education.

See comment to Section 213(a) regarding Board’s rolein the approval process of programs and providers.


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Section 107(f). Board of Veterinary Medicine

Some jurisdictions may select the title, Board of Vet-erinary Medicine and Veterinary Technology.


nary medical education program that has beenapproved by the Board.

(g) Approved Veterinary Technology Programmeans a school of veterinary technology or aveterinary technology education program thathas been approved by the Board.

(h) Board of Veterinary Medicine means theBoard of Veterinary Medicine created underthis Act.

(i) Client means an entity, person, group or cor-poration that has entered into an agreementwith a veterinarian for the purposes of obtain-ing veterinary medical services.

(j) Complementary and Alternative VeterinaryMedicine [Therapies] means a heterogeneousgroup of preventive, diagnostic, and therapeu-tic philosophies and practices, the theoreticalbasis and techniques of which may divergefrom veterinary medicine routinely taught inApproved Veterinary Medical Program(s) ormay differ from current scientific knowledge,or both. These include but are not limited toveterinary acupuncture, acutherapy, andacupressure; veterinary homeopathy; veteri-nary manual or manipulative therapy.

(k) Consultation means when a Veterinarian re-ceives advice or assistance in person, tele-phonically, electronically, or by any othermethod of communication, from a veterinar-ian or other person whose expertise, in theopinion of the Veterinarian, would benefit anAnimal. Under any circumstance, the respon-sibility for the welfare of the animal remainswith the Veterinarian receiving consultation.

(l) Continuing Education means training which isdesigned to assure continued competence inthe practice of veterinary medicine or veteri-nary technology.

Section 107(f). Cont’d.


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(m) Continuing Education Contact Hour means afifty (50) minute clock hour of instruction, notincluding breaks or meals.

(n) Conviction means conviction of a crime by acourt of competent jurisdiction and shall in-clude a finding or verdict of guilt, whether ornot the adjudication of guilt is withheld or notentered on admission of guilt, a no consentplea, a plea of nolo contendere, or a guiltyplea.

(o) Examination means an examination approvedby the Board.

(p) Felony means a criminal act as defined by thisstate or any other state or by definition underfederal law.

(q) Informed Consent means the veterinarian hasinformed the client or the client’s authorizedrepresentative, in a manner understood by theclient or representative, of the diagnostic andtreatment options, risk assessment, and prog-nosis, and has provided the client with an es-timate of the charges for veterinary servicesto be rendered and the client has consentedto the recommended treatment.

(r) Jurisdiction means any commonwealth, state,or territory, including the District of Colum-bia, of the United States of America, or anyprovince of Canada.

(s) Licensee means a person duly licensed underthis Act.

(t) Licensure Transfer means the methodwhereby a veterinarian or a veterinary tech-nician currently licensed in another jurisdic-tion can also become licensed as a veterinar-ian or veterinary technician in this jurisdiction.

Section 107(t). Licensure Transfer

The phrase “Licensure Transfer” is intended to providea mechanism for a licensee from another jurisdictionto also become licensed in the model state through aprocess which recognizes certain already establishedqualifications.

AAVSB has elected to use “Licensure Transfer” ratherthan Licensure by Endorsement or Reciprocity becauseof the confusion existing in regulation between suchterms. “Licensure Transfer” is intended to allow for thepossession of multiple licenses.


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(u) Person means any individual, firm, partner-ship, association, joint venture, cooperative,corporation, or any other group, legal entityor combination acting in concert; and whetheror not acting as a principal, trustee, fiduciary,receiver, or as any kind of legal or personal rep-resentative, or as the successor in interest, as-signee, agent, factor, servant, employee, di-rector, officer, or any other representative ofsuch person.

(v) Supervision-related terms are defined as fol-lows:

(i) Supervising Veterinarian means a vet-erinarian who assumes responsibilityfor the professional care given to anAnimal by a person working under hisor her direction. The supervising vet-erinarian must have examined theAnimal at such time as acceptable vet-erinary medical practice requires con-sistent with the particular delegatedanimal healthcare task.

(ii) Immediate Supervision means the su-pervising veterinarian is in the imme-diate area and within audible and vi-sual range of the animal patient andthe person treating the patient.

(iii) Direct Supervision means the super-vising veterinarian is on the premiseswhere the Animal is being treated andis quickly and easily available.

(iv) Indirect Supervision means a super-vising veterinarian need not be on thepremises but has given either writtenor oral instructions for the treatmentof the Animal.

Section 107(v)(iv). Supervision

AAVSB contemplates that this definition of indirectsupervision includes and incorporates the technologi-cal advancements and the ability of persons to com-municate through electronic and other means as aform of supervision. Of course, such supervision mustmaintain the necessary “contacts” to be as effectiveas the veterinarian deems appropriate, using profes-sional judgment.


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(w) Veterinarian means a person who is duly li-censed to practice veterinary medicine underthe provisions of this Act.


receipt of a degree. While this is understandablefrom an academic perspective, AAVSB reasoned thatthe Code of Federal regulations and the potentialfor confusion to the public, mandate limitation ofuse of the term “veterinarian” to licensees. In thatcase, there would be no violation and enforcementwould be left up to criminal prosecution through thestate’s attorney or through civil litigation, involvingdeceptive trades practices or other applicable rem-edies. AAVSB determined that this approach doesnot adequately protect the public as the state lacksthe resources or incentives to criminally prosecutesuch offenses or, alternatively, injured parties mustpursue matters through an expensive civil process.AAVSB has chosen to affirmatively address the is-sue, rather than pass the enforcement to other enti-ties.

Section 107 (w). Veterinarian

To maintain consistency with the regulations promul-gated by the Food and Drug Administration, Depart-ment of Health and Human Services with regard toAnimal Drugs, Feed and Related Products (21C.F.R.§530.3) which define veterinarian and the Vet-erinarian-Client-Patient Relationship, AAVSB definesVeterinarian as a person who is duly licensed underthe provisions of the Act. AAVSB also strongly believesthat limiting the use of the title veterinarian to per-sons able to perform veterinary services better pro-tects the public. Not only is this position consistentwith many jurisdictions which also limit the use of thetitle veterinarian to licensees, such is also consistentwith most professions. Currently, thirteen states havea similar definition of Veterinarian. It must be empha-sized that the title restriction does not prevent any-one from referencing a valid educational degree (i.e.DVM) or other recognized credential (i.e. VMD). Seealso the comment to section 301(b) of the Act.

Several comments addressed this issue, saying that theterm veterinarian belonged to persons by virtue of the


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Section 107(x). Veterinary Facility

“Veterinary Facility” is defined with the intention thatjurisdictions license or otherwise issue facility permitsas a mechanism for protecting the public. Regulatoryboards can thereafter establish standards and moni-tor qualifications of such facilities. Indeed, thirty-onejurisdictions in veterinary medicine already provide forsuch regulation. It is the intention of AAVSB to con-tinue to develop this important area of regulation byformulating the model standards by which such facili-ties will be recognized.

AAVSB recommends that regulatory boards considerdelineating the various specific veterinary facilitieswithin its rules. Differing facilities can be defined withinthe rules which can identify minimum standards andthe allowable practices in an effort to insure public pro-tection. AAVSB initially identified the following cat-egories of veterinary facilities:

(1) Veterinary or animal hospital or clinic meansa facility that meets or exceeds all physical re-quirements and minimum standards as estab-lished by Board rule for veterinary facilities;provides examination, diagnostic and healthmaintenance services for medical and surgi-cal treatment of animals and is equipped toprovide housing and nursing care for animalsduring illness or convalescence.

(2) Specialty practice or clinic means a facility thatprovides complete specialty service by a vet-erinarian who has advanced training in a spe-cialty and is a diplomate of an approved spe-cialty board. A specialty practice or clinic shallmeet all minimum standards which are appli-cable to a specialty as established by boardrule.

(3) Central hospital means a facility that meets allrequirements of a veterinary or animal hospi-tal or clinic as defined in paragraph (1) of thissubdivision and other requirements as es-tablished by board rule, and which providesspecialized care, including but not limited to

(x) Veterinary Facility means any place or unitfrom which the Practice of Veterinary Medi-cine is conducted.


Section 107(y). Veterinarian-Client-Patient Relation-ship (VCPR)

After much consideration, AAVSB determined that theestablishment of the VCPR must be specified throughgeneral statutory language. Under certain circum-stances, the failure to establish the VCPR may be fatalto the boards’ ability to prosecute administrative dis-ciplinary actions against licensees.

Certain comments suggested referencing the defini-tion of VCPR set forth in the Code of Federal Regula-tions (CFR) within the statute. AAVSB carefully re-viewed the CFR and determined that the above defi-nition was broad enough to encompass the more spe-cific references in the CFR. Furthermore and respect-ing the rights of states to regulate within the police

(y) Veterinarian-Client-Patient Relationship(VCPR) exists when the veterinarian has as-sumed responsibility for making medicaljudgements regarding the health of theanimal(s) and the need for medical treatment.


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the availability of nursing care during speci-fied hours and specialty consultation on a per-manent or on-call basis. A central hospital shallbe utilized primarily on referral from area vet-erinary hospitals or clinics.

AAVSB recognizes the different references to emer-gency facilities/central hospitals and offers the abovedefinition as a starting point, understanding the nu-merous variations of requirements within these spe-cific facilities including hours of operation, emergencyservices provided, on-call basis and referrals.

(4) Satellite, outpatient, ambulatory clinic meansa supportive facility, including but not limitedto humane societies, vaccine clinics and lim-ited service clinics, owned by or associatedwith and having ready access to a full-serviceveterinary hospital or clinic or a central hospi-tal, providing all mandatory services, includ-ing examination, diagnostic, preventativemedicine, and minor surgical services for ani-mals not requiring confinement or hospital-ization, and meeting all physical requirementsand minimum standards as established by stat-ute or rule.

Section 107. Cont’d. Section 107(x). Veterinary Facility, Cont’d.


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powers set forth in the 10th Amendment of the UnitedStates Constitution, AAVSB did not want to bind thestates to a federal definition, should the state wish tobe more stringent than the federal government. Also,AAVSB did not want to bind the states to a federal defi-nition which, if changed, would necessitate subjectingthe practice act to modifications and additional scru-tiny by the legislature. Finally, AAVSB determined thatthe specifics of the VCPR should be contained in thestandards of practice/codes of conduct and promul-gated through the rule/regulations, a process which iseasier to modify, if necessary. Below are comments tothe act which provide suggested language to be incor-porated in the regulations. This suggested languageincorporates the requirements of the CFR.

Due to the importance of the recognition of the es-tablishment of the VCPR, AAVSB strongly recommendsthat at least the following attributes of this relation-ship be recognized in the standards of practice/codes

of conduct adopted in the Board rules/regulation,rather than in the definition of the VCPR. When pro-mulgating such rules/regulations at least the follow-ing attributes should be incorporated:

(1) The veterinarian must have sufficient knowl-edge of the animal(s) to initiate at least a gen-eral or preliminary diagnosis of the medicalcondition of the animal(s). This means that theveterinarian has seen the animal(s) within thelast year and is personally acquainted with thecare of the animal(s) by virtue of a physicalexamination of the animal or by medically ap-propriate and timely visits to the premiseswhere the animal is kept;

(2) The veterinarian has obtained informed con-sent and the client has agreed to follow theinstructions; and

(3) The veterinarian is readily available or has ar-ranged for emergency coverage or follow-up

Section 107(y). Veterinarian-Client-Patient Relation-ship (VCPR), Cont’d.


Section 107(z). Veterinary Technician

AAVSB believes that the title “veterinary technician”and the practice of veterinary technology should beprotected as a licensed profession, and this is reflectedin the Act. However, the Model Practice Act Task Forcerecognizes that states have chosen various methodsof regulating veterinary technology. Some states havecreated other titles such as veterinary assistant Sec-tion 107 (z) Veterinary Technician or veterinary em-ployee to define the roles of staff who may performtasks not relegated to veterinary technicians.

Other states have chosen to either not regulate tech-nicians or to use alternative titles such as registeredor certified technicians. In all cases, states are stronglyencouraged to specify the roles of each designated title(in the rules), recognizing that all veterinary employ-ees must be supervised by a licensed veterinarian.

(z) Veterinary Technician means a person who isduly licensed to practice veterinary technology underthe provisions of this Act.


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evaluation in the event of adverse reaction orthe failure of the treatment regiment.

It is essential for the VCPR to be easily established inorder to require the veterinarian to assume account-ability for the veterinary medical services rendered.Furthermore, as standards of practice and codes ofconduct change over time, it is easier to promulgatenew rules incorporating such changes rather thanadopting legislative modifications.

Section 107(y). Veterinarian-Client-Patient Relation-ship (VCPR), Cont’d.


ArArArArArticticticticticle IIle IIle IIle IIle IIBoard of Veterinary Medicine


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Practice Act Model with comments | Article II

Article II. Board of Veterinary Medicine

Section 201. Designation

The responsibility for enforcement of the pro-visions of this act is hereby vested in the Board of Vet-erinary Medicine (Board). The Board shall have all ofthe duties, powers, and authority specifically grantedby or necessary for the enforcement of this Act, aswell as such other duties, powers, and authority as itmay be granted from time to time by applicable law.

Before it can regulate the practice of veterinary medi-cine or veterinary technology, the state must first es-tablish and empower the Board. Accordingly, ArticleII of the Act defines and creates the Board by specify-ing elements necessary to its formation, organization,and operation. Each of the sections contained in thisarticle covers elements which AAVSB felt necessary tothe proper formation and efficient operation of theBoard. Several of these sections, especially thosewhich contain innovative or infrequently utilized pro-visions, are supplemented by individual explanatorycomments.

Among the sections of Article II that may be of par-ticular interest to users of the Act are the following:Section 202 and 203(c), pertaining to the inclusion ofpublic members as Board members; Section 207, whichprovides grounds and procedures for removal of Boardmembers, and Section 213(b)(2), which enables Boardsto avail themselves of research and study grants andother non-state monies without having to deposit suchfunds in state general revenue accounts (thereby los-ing control over the expenditure of such funds).

It is also important to note that Section 212 specifi-cally empowers the Board to make such rules as arenecessary to fully administer and implement the Act.This is a most significant feature of the Act. The un-derlying philosophy of this approach is that the stat-ute should create goals, guidelines, and policies in gen-eral areas, and permit the Board to provide the specif-ics in its rules. This approach recognizes that it is im-possible for state legislatures to enact comprehensiveprovisions regarding all of the matters with which aboard may be confronted or to anticipate the rapidlychanging conditions of the professions and the deliv-ery of veterinary medical services. Consequently,AAVSB recommends that boards have adequate powerto adopt and amend rules with the greatest possibleflexibility and autonomy. Section 212 of this Act isdesigned to accomplish this objective.

Introductory Comment to Article II


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Section 202. Membership

The number of Board members should be determinedby each individual state according to its particular re-quirements. Individual states may wish to considerBoard composition which represents the diversity ofpractice sites and interests within a state. Variable fac-tors, such as state population, number of veterinar-ians, and other local considerations, may all be relevantin determining the number of Board members neededto most effectively enforce the Act. In the event a stateprefers to limit the Board membership to currently li-censed veterinarians and veterinary technicians, thebracketed language pertaining to a public membershould be deleted, as should Section 203(b). In thisevent, the alternative “each” should be selected, andSection 203(a) should be renumbered as Section 203.

Section 202. Membership

The Board shall consist of ________ mem-bers, [at least one (1) of whom shall be a representa-tive of the public, and the remainder] [each] of whomshall be veterinarians or veterinary technicians, whopossess the qualifications specified in Section 203. Atall times, at least fifty percent (50%) of the membersof the Board shall be veterinarians who are activelyengaged in the practice of veterinary medicine in thisstate.

Section 203. Qualifications

(a) Board members shall at all times maintain eli-gibility to serve on the board by avoiding rela-tionships which would interfere with the boardmission of public protection. Board membersmust be especially cognizant of issues of con-flict of interest.

(b) Each veterinarian or veterinary technicianmember of the Board shall at all times as aboard member:

(1) Be a resident of this state for not lessthan two years;

(2) Be currently licensed and in goodstanding to engage in the practice ofveterinary medicine or veterinary

technology in this state; and

(3) Have had at least five (5) years of ex-perience in the practice of veterinarymedicine or veterinary technology.

(c) The public member(s) of the Board shall be aresident of this state who has attained twenty-

Section 203. Qualifications

Conflict of interest issues provide a legal basis for chal-lenging the actions of a regulatory board. As has beendetermined by the United States Supreme Court, aconflict need not be actual, but merely the appear-ance of an impropriety can create the basis for legalchallenges. AAVSB strongly suggests regulatory boardmembers not participate as an officer or in a policy-making position of a local, state or national profes-sional association.

Section 203(b). Qualifications

Section 203(b) of the Act requires that veterinariansand veterinary technicians be licensed to practice atall times while serving as board members and haveat least five (5) years of experience in the practice ofveterinary medicine or veterinary technology priorto appointment. Since the practice of veterinarymedicine is defined in Section 104 in broad terms, itrenders a veterinarian actively engaged in almostany phase of practice eligible for appointment. Thisprovides for the eligibility of candidates who havedivergent backgrounds and experiences and who areknowledgeable in the affairs of the profession andwho represent different geographic areas of thestate.


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one (21) years of age and shall not be, nor shallever have been, a veterinarian, veterinarytechnician or the immediate family memberof a veterinarian or veterinary technician, ora person who has ever had any material finan-cial interest in the provision of veterinary ser-vices or who has engaged in any activity di-rectly related to the veterinary profession.

Section 203(c). Qualifications, Cont’d. Section 203(c). Qualifications

Specific qualifying criteria for the public member havebeen deliberately omitted from this section. Reliancehas been placed in the Governor to determine whatattributes a person should possess in order to mean-ingfully serve on a Board. In order to help assure thatsuch a member would be truly independent in judg-ments, those persons who have a possible substantialrelationship with the profession are rendered ineligibleby this section.

Section 204. Appointment

The Governor shall appoint the members of theBoard in accordance with the provisions of this Articleand the state constitution.

Section 205. Terms of Office

(a) Members of the Board shall be appointed fora term of ___ years, except as provided in sub-section (b) and except that members of theBoard who are appointed to fill vacancieswhich occur prior to the expiration of a formermember’s full term shall serve the unexpiredportion of such term.

(b) The terms of the members of the Board shallbe staggered, so that the terms of no morethan three (3) members shall expire in anyyear. Each member shall serve until a quali-

fied successor is appointed.

(1) The present members of the Boardshall serve the balance of their terms.

(2) Any present Board members ap-pointed initially for a term of less than___ years shall be eligible to serve fortwo (2) additional full terms.

Section 204. Appointment

AAVSB recognizes that there may be other appointingauthorities in some jurisdictions. Accordingly, jurisdic-tions with an appointing authority other than the Gov-ernor should insert the appropriate reference to suchauthority within this section of the Act.


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(c) No member of the Board shall serve more thantwo (2) consecutive full terms. The comple-tion of the unexpired portion of a full termshall not constitute a full term for purposes of

this section.

Section 205. Terms of Office, Cont’d.

Section 206. Vacancies

Any vacancy which occurs in the membershipof the Board for any reason, including expiration ofterm, removal, resignation, death, disability, or dis-qualification, shall be filled within six (6) months asprescribed by Section 204. Failure to fill a vacancywithin the six (6) month period shall divest the Gover-nor of the appointment authority for such vacancy andvest such authority in the state senate.

Section 206. Vacancies

Based upon several experiences within veterinarymedicine and other professions whereby vacancies onregulatory boards have not been timely appointed,AAVSB provided for a time period whereby the gover-nor (or other appointing authority) can fill such vacan-cies. Failure to make such appointments within the six-month period divests the governor of the appointmentauthority and empowers the Senate in this regard. Itis hoped that this time period will provide incentivesto the governor to make such appointments in a timelyfashion.

Section 207. Removal

In certain jurisdictions, there may be general statutoryprovisions that establish the procedures and groundsfor the removal of appointed public officials. In thesejurisdictions, disregard Section 207. Specific groundsmay be addressed in the regulations, to include failureto attend meetings and any other parameters estab-lished by the Board.

Section 207. Removal

(a) A Board member may be removed pursuantto the procedures set forth in subsection (b)herein, upon one or more of the followinggrounds:

(1) The refusal or inability for any reasonof a Board member to perform the du-ties as a member of the Board in anefficient, responsible, and profes-sional manner;

(2) The misuse of office by a member ofthe Board to obtain financial or mate-rial gain or advantage personally or foranother through such office;

(3) A final adjudication by a recognizedbody including the courts that therehas been a violation of the laws gov-erning the practice of veterinary medi-cine or veterinary technology; or


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(4) Other just and reasonable causes asdetermined solely by the Board pur-suant to applicable law.

(b) Removal of a member of the Board shall be inaccordance with the Administrative Proce-dures Act of this state, or other applicable laws.

Section 207. Removal, Cont’d.

Section 208. Organization

(a) The Board shall elect from its members a Chair-person and such other officers as it deems ap-propriate and necessary to conduct its busi-ness. The Chairperson shall preside at all meet-ings of the Board, shall be responsible for theperformance of all of the duties and functionsof the board and shall perform those dutiescustomarily associated with the position andsuch other duties assigned from time to timeby the Board.

(b) Officers elected by the Board shall serve termsof one (1) year commencing with the day oftheir election and ending upon election oftheir successors and shall serve no more thanthree (3) consecutive full terms in each officeto which they are elected.

(c) The Board shall employ an Executive Directorwho shall be responsible for the performanceof the administrative functions of the Boardand such other duties as the Board may di-rect.

Section 208(c). Organization

The AAVSB urges that every Board have a permanentadministrative official (Executive Director) to performand supervise the administrative duties and functionsfor which the Board is responsible on a day-to-day ba-sis. The responsibilities of the Executive Directorshould include the hiring of necessary staff to assist infulfilling the responsibilities of the Board. The positiontitle may vary from jurisdiction to jurisdiction.


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Section 209. Compensation of Board Members

Each member of the Board shall receive ascompensation the sum of $_____ per day for each dayon which the member is engaged in performance ofthe official duties of the Board, and shall be reimbursedfor all reasonable and necessary expenses incurred inconnection with the discharge of such official duties.

Section 210. Meetings

(a) The Board shall meet at least once every_______ month(s) to transact its business. TheBoard shall meet at such additional times as itmay determine. Such additional meetings maybe called by the Chairperson of the Board orby two-thirds (2/3) of the members of theBoard.

(b) The Board shall meet at such place as it mayfrom time to time determine. The place foreach meeting shall be determined prior to giv-ing notice of such meeting and shall not bechanged after such notice is given withoutadequate prior notice.

(c) Notice of all meetings of the Board shall begiven in the manner and pursuant to require-ments prescribed by the Administrative Pro-cedures Act.

(d) A majority of the members of the Board shallconstitute a quorum for the conduct of aBoard meeting and, except where a greaternumber is required by the Act or by any ruleof the Board, all actions of the Board shall beby a majority of a quorum.

(e) All Board meetings and hearings shall be opento the public. The Board may, in its discretionand according to law, conduct any portion ofits meeting in executive session, closed to thepublic.

Section 210(e). Meetings

Many states have adopted “sunshine” laws whichprovide for open meetings. Section 210(e) may notbe necessary or may need revision to eliminate or tocurtail the use of executive sessions.

Section 210(a). Meetings

AAVSB strongly recommends that boards of veterinarymedicine meet at least four times per year. This is aminimum standard that would help boards maintainan adequate level of efficiency and responsiveness.


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Section 211. Employees

The Board may, in its discretion, employ persons inaddition to the Executive Director in such other posi-tions or capacities as it deems necessary to the properconduct of Board business and to the fulfillment of theBoard’s responsibilities as defined by the Act.

Section 211. Employees

Inspectors employed by the Board may be veterinar-ians or veterinary technicians. Boards may wish to con-sider whether or not investigators must be veterinar-ians.

Section 212. Rules

The Board shall make, adopt, amend, and re-peal such rules as may be deemed necessary by theBoard for the proper administration and enforcementof this Act. Such rules shall be promulgated in accor-dance with the procedures specified in the Adminis-trative Procedures Act.

Section 212. Rules

The legislative authority granted to a Board to adopt,amend and repeal rules is an extremely importantpower. Boards are encouraged to fully exercise thisauthority by adopting rules, where necessary, to morespecifically address regulatory issues. This rule-mak-ing authority is not only beneficial to the protection ofthe public, but also benefits the Board when it is nec-essary to interpret the Act. As membership on theBoard changes, these rules become increasingly moreimportant in an effort to maintain consistency in theapplication of the Act. Generally, the rule-making pro-cess is governed by an Administrative Procedures Act(APA) or other applicable law which provides for pub-lic disclosure and comments prior to promulgation.These processes are designed to provide for public in-put and the necessary checks and balances upon theregulatory board. Of course, any action undertaken bythe board must be to enhance the board authority andpublic protection.

Section 213. Powers and Responsibilities

(a) The Board shall be responsible for the controland regulation of the practices of veterinarymedicine and veterinary technology in thisstate including, but not limited to, the follow-ing:

(1) Licensure by examination, by licensuretransfer, by temporary or provisionalrecognition, or the renewal of licensesof persons who are qualified to en-gage in the practice of veterinarymedicine or veterinary technology un-

Section 213(a)(1). Powers and Responsibilities

See Section 107(r) and Section 306 and the corre-sponding comments for a definition and explanationof “licensure transfer.”


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Section 213. Powers and Responsibilities, Cont’d.

der the provisions of this Act;

(2) Licensure and renewal of licensure offacilities under provisions of this Act;

(3) The establishment and enforcementof standards or criteria of programsor other mechanisms to insure thecontinuing competence of licensees;

(4) The establishment and enforcementof compliance with minimum stan-dards and codes of conduct for licens-ees engaged in the practice of veteri-nary medicine or veterinary technol-ogy. A Bill of Rights may be includedconcerning the disclosures a clientmay expect in regard to the qualifica-tions of the licensee, informed con-sent, and the provision of veterinarymedical services;

(5) The determination and issuance ofstandards for recognition and ap-proval of degree programs of schoolsand colleges of veterinary medicineand veterinary technology whosegraduates shall be eligible for licensurein this state;

(6) The enforcement of those provisionsof the Act relating to the conduct orcompetence of licensees practicing inthis state, and the suspension, revo-cation, or restriction of licenses to en-gage in the practice of veterinarymedicine or veterinary technology;

(7) The board shall maintain jurisdictionover individuals, irrespective of theirlicensure status, (i.e., active, inactive,

Section 213(a)(3)(4) and (5). Powers and Responsi-bilities

Great care should be exercised by the Boards with re-spect to these Sections. Many states have statutes orrules which provide, for example, that approved de-gree programs of schools or colleges of veterinarymedicine are those accredited by the Council on Edu-cation (COE) of the AVMA. Similarly, with regard toaccredited veterinary technician programs, manystates have statutes or rules which provide that ap-proved programs are those accredited by the Commit-tee on Veterinary Technician Education and Activities(CVTEA) of the AVMA. Furthermore, some Boardsthrough their regulation/rules, rely upon the standardsof practice or codes of ethics of private outside enti-ties like the professional associations. As is empha-sized by this Model Act and Comments and for rea-sons stated below, the legislatures and/or regulatoryboards are encouraged to adopt, by statute or throughthe rule making process, the actual standards or crite-ria of the private outside entity in an attempt to avoidallegations of improper delegation.

It is a well-established rule of administrative law thatany delegation of governmental power (through stat-ute or by rule) must carry with it appropriate limita-tions and procedural safeguards for affected individu-als. For example, a direct, unequivocal grant of the ac-creditation function to a private organization, such asAVMA COE, by the legislature through a practice actor by the board through the rule making process, mightbe deemed an unauthorized, improper, and invalid del-egation of legislative or board authority. Similarly, adirect reliance upon standards of practice or a code ofconduct of a private outside body over which the leg-islature or board has no control may constitute an un-constitutional delegation of authority. This doctrineis based upon the simple premise that regulatory de-cisions impacting an individual’s property right (i.e. alicense) must be made by boards that have been cre-ated and empowered to protect the public and are an-swerable to the general public. Further, regulatoryboards in veterinary medicine have no control overAVMA activities. A review of this legal doctrine revealscaselaw invalidating legislation and rules that, with-


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expired, lapsed, surrendered or disci-plined) relative to acts, omissions,complaints and investigations whichoccurred during the licensure period.Such jurisdiction shall be for purposesof enforcement of all the provisionsof this Act and any regulations dulypromulgated hereunder, including theassessment and collection of fines,costs, and attorneys fees, Jurisdictionof the Board shall also extend to indi-viduals engaging in the unauthorizedpractice of veterinary medicine or vet-erinary technology, as defined. It is theintent of this subsection that licens-ees cannot divest the Board of juris-diction by changing or relinquishing li-censure status;

out limitation, rely upon these outside entities with-out public accountability. See Garces v. Departmentof Registration and Education, 254 N.E.2d 622 (Ill.App.,1969); Gumbhir v. Kansas State Board of Pharmacy,618 P. 2d 837 (Ks 1980); Coffman v. State Board of Ex-aminers in Optometry, 50 N.W. 2d 322 (MI 1951); FMProperties Operating Co. v. City of Austin, 22 S.W. 3d868 (TX 2000), Balian v. Board of Licensure in Medi-cine, 722 A. 2d 364 (ME 1999).

AAVSB recommends that the statutory language grantthe Board the authority to approve veterinary medi-cal programs and veterinary technology programs.Boards thereafter may adopt in their rules the stan-dards, criteria and policies of accreditation establishedfrom time to time by the COE or the CVTEA, the na-tionally recognized accrediting agencies for veterinarymedical degree programs and veterinary technologyprograms. Thereafter, the regulatory boards can an-nually adopt in their minutes the list of accredited vet-erinary medicine programs using the AVMA COE list.A similar process can take place by the board should itwish to rely upon others in determining the standardsof practice or codes of conduct. This will allow the leg-islatures and boards to utilize the expertise of such pri-vate outside entities without improperly delegatingsuch authority to an organization over whom theboards have no control and which is not accountableto the public.


To avoid improper delegation allegations as referencedabove, the standards of practice and codes of conductshould be a product of the board. Again, the boardmay rely upon the expertise of outside private entitiesby adopting those standards which the board deemsacceptable. The “Bill of Rights” is intended to providelegislative or regulatory guidance to practitioners re-garding the information to be made available to cli-ents/patients during the establishment of the profes-sional relationship. Included would be information re-



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garding the qualifications of licensees (licensure sta-tus, specialty certification), the regulatory board andcontact information in the event of a complaint, bill-ing policies, informed consent and the like. The “Bill ofRights” should be consistent with standards of prac-tice, codes of ethics and regulations that the Boardhas adopted under the Act to avoid inadvertently ex-panding the role and the responsibilities of the licenseethrough the establishment of such a “Bill of Rights”.



This section allows a Board to order mental or physi-cal examinations or chemical dependence evaluationsupon a showing of probable cause. This power shouldbe used judiciously, only when the Board has reasonto believe that there may be a connection between amental or physical condition and the alleged conduct.This power is necessary to ensure to the public that anapplicant or licensee’s ability to practice veterinarymedicine or veterinary technology safely and compe-tently is not impaired.

(8) The board may issue an order direct-ing an applicant or licensee to undergoa mental or physical examination orchemical dependency evaluation,with probable cause that the applicantor licensee has engaged in conductprohibited by this Act or a statute orrule enforced by the board. For thepurpose of this Section, every appli-cant or licensee is considered to haveconsented to undergo a mental orphysical examination or chemical de-pendency evaluation when ordered todo so, in writing, by the board and tohave waived all objections to the ad-missibility of the examiner ’s orevaluator’s testimony or reports onthe grounds that the testimony or re-ports constitute a privileged commu-nication;

(9) The collection of data necessary tocarry out the provisions of this Act;

(ii) Such funds are expended forthe pursuit of the objective for whichthey are awarded;

(iii) Activities connected with oroccasioned by the expenditures ofsuch funds do not interfere with theperformance of the Board’s duties and


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responsibilities and do not conflict with the ex-ercise of the Board’s powers as speci-fied by this Act;

(iv) Such funds are kept in a sepa-rate account; and

(v) Periodic reports are madeconcerning the Board’s receipt and ex-penditure of such funds.

(10) The investigation of any person or fa-cility, including facility inspection, dur-ing customary business hours for thepurpose of determining if any provi-sions of the laws governing the prac-tice of veterinary medicine or veteri-nary technology are being violated.The Board, its officers, inspectors, andrepresentatives shall cooperate withall agencies charged with the enforce-ment of the laws of the United States,of this state, and of all other states re-lating to the practice of veterinarymedicine or veterinary technology.

(b) The Board shall have such other duties, pow-ers, and authority as may be necessary to theenforcement of this Act and to the enforce-ment of duly adopted Board rules which shallinclude, but are not limited to, the following:

(1) The Board may join such professionalorganizations and associations orga-nized exclusively to promote the im-provement of the standards of thepractices of veterinary medicine andveterinary technology for the protec-tion of the health and welfare of thepublic and/or whose activities assistand facilitate the work of the Board.

Section 213(b). Powers and Responsibilities.

The legislative process provides a system of checks andbalances to ensure that the Board acts within the scopeof its authority and in accordance with all other appli-cable laws, such as the Administrative Procedures Act.


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(2) The Board may receive and expendfunds, in addition to its [annual/bien-nial] appropriation, from parties otherthan the state, provided:

(i) Such funds are awarded for the pur-suit of a specific objective which theBoard is authorized to accomplish bythis Act, or which the Board is quali-fied to accomplish by reason of its ju-risdiction or professional expertise;

(3) Any investigation, inquiry, or hearingwhich the Board is empowered to holdin accordance with applicable law maybe held by or before any member(s)of the Board and the order of suchmember(s) shall be deemed to be theorder of said Board when approvedand confirmed as noted in Section210(d).

(4) The Board shall report any violationof this Act which also is deemed as vio-lative of applicable criminal statutesto the Attorney General [State’s Attor-ney] to cause appropriate proceedingsto be instituted in the proper courtwithout delay and to be prosecutedin the manner required by law. It is theduty of the Attorney General [State’sAttorney] to prosecute such viola-tions. Nothing in this paragraph shallbe construed to require the Board toreport violations whenever the Boardbelieves that the public’s interest willbe adequately served in the circum-stances by a suitable written notice orwarning.


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(5) The Board shall have the power tosubpoena persons and documents forpurposes of depositions and testi-mony, or both, in the same manneras prescribed in civil cases in the courtsof this State. Any member of theBoard, hearing officer, or administra-tive law judge shall have power to ad-minister oaths to witnesses at anyhearing which the Board is authorizedto conduct, and any other oaths au-thorized in any Act administered by

the Board.

(6) In addition to the fees specifically pro-vided for herein, the Board may assessadditional reasonable fees for servicesrendered to carry out its duties andresponsibilities as required or autho-rized by this Act or duly adopted rules.Such services shall include but not be

limited to the following:

(i) Issuance of duplicate certifi-

cates or identification cards;

(ii) Mailing lists, or reports ofdata maintained by the Board;

(iii) Copies of any documents;

(iv) Certification of documents;

(v) Notices of meetings;

(vi) Licensure transfer;

(vii) Examination administrationto a licensure applicant; and

(viii) Examination materials.


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(7) Cost Recovery.

(i) In any order issued in resolu-tion of a disciplinary proceeding be-fore the Board, the Board may requestthe Administrative Law Judge/HearingOfficer (ALJ/HO) to direct any personor facility found guilty of a charge in-volving a violation of any laws or rules,to pay to the Board a sum not to ex-ceed the reasonable costs, includingattorneys’ fees, of the investigationand prosecution of the case.

(ii) In the case of a person or vet-erinary facility, the order permissibleunder (i) above may be made as to thecorporate owner, if any, and as to anyveterinarian, officer, owner, or partnerof the practice or facility who is foundto have had knowledge of or haveknowingly participated in one or moreof the violations set forth in this sec-tion.

(iii) The costs to be assessed shallbe fixed by the ALJ/HO and shall notbe increased by the Board; where theBoard does not adopt a proposed de-cision and remands the case to a(n)ALJ/HO, the ALJ/HO shall not increaseany assessed costs.

(iv) Where an order for recoveryof costs is made and timely paymentis not made as directed in the Board’sdecision, the Board may enforce theorder for payment in the___________ Court in the countywhere the administrative hearing washeld. This right of enforcement shall


Section 213(b)(7). Cost Recovery

The ALJ/HO interspersed throughout this section re-fer to the terms: “administrative law judge,” or “hear-ing officer” as determined by individual states.


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be in addition to any other rights theBoard may have as to any person di-rected to pay costs.

(v) In any action for recovery ofcosts, the Board’s decision shall beconclusive proof of the validity of theorder of payment and the terms forpayment.

(8) Except as otherwise provided to thecontrary, the Board shall exercise itsduties, powers, and authority in accor-dance with the Administrative Proce-dures Act.


ArArArArArticticticticticle IIIle IIIle IIIle IIIle IIILicensing

Model LawArticle III. Licensing. Introductory Comment to Article III.

Article III of this Act sets out the requirements forinitial licensure of veterinarians and veterinary tech-nicians, as well as licensure transfer, renewal, andprovisional or temporary licensure. As in other partsof the Act, this Article establishes basic criteria anddelegates the authority for implementing those cri-teria to the Board. The Board exercises this author-ity by promulgating specific rules and utilizing ap-propriate enforcement mechanisms. For example,in the area of initial licensure, the Act would be imple-mented by the Board’s approval of veterinary medi-cal degree programs and veterinary technician pro-grams, specifications of the examinations to be used,and establishment of all other prerequisites thatmust be met by each applicant to whom it issues a

license.

This article, as well as the entire Act, also reflectsAAVSB’s efforts to develop and continue uniformstandards for the transfer of licensure. The veteri-nary medical profession has become increasinglymobile, and boards need to examine the ways inwhich differing standards between states may be

affecting the public’s access to qualified licensees.

Section 301. Unlawful Practice.Section 301. Unlawful Practice.

Section 301 establishes the basis for this Article bymaking it unlawful for any unlicensed person to en-gage in the practice of veterinary medicine or vet-erinary technology, and by enabling the Board to im-pose penalties for unlawful practice.

(a) Except as otherwise provided in this Act, itshall be unlawful for any person to engagein the Practice of Veterinary Medicine, Vet-erinary Technology, Animal Chiropractic orAnimal Physical Therapy unless duly licensed

under the applicable provisions of this Act. Boards are often confronted with the issue of pre-venting unlicensed persons from engaging in prac-tice. Most practice acts do not give the Board juris-diction and authority to take action against individu-als other than those who are licensed or seeking li-censure. Thus, boards must rely on the difficult taskof persuading local prosecutors to take criminal ac-tion against persons not licensed to practice. Thisgap in jurisdictional authority makes it difficult toeffectively prevent unlawful practice.

This section is intended to empower the Board withjurisdiction over persons engaged in unlicensed

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Section 301(b).(b) (1) No person shall use the designation Vet-erinarian, Licensed Veterinarian or any otherdesignation indicating licensure status, in-cluding abbreviations, or hold themselvesout as a veterinarian unless duly licensed assuch.

(2) No person shall use the designation Vet-erinary Technician, Licensed Veterinary Tech-nician or any other designation indicating li-censure status, including abbreviations, orhold themselves out as a veterinary techni-cian unless duly licensed as such.

(3) No person shall use the designation Ani-mal Chiropractor or Animal Physical Thera-pist or any other designation indicating li-censure status under this Act, including ab-breviations, or hold themselves out as ananimal chiropractor or animal physical thera-

pist unless duly licensed as such.

practice. The regulation of the practices of veterinarymedicine and veterinary technology, includingjurisdiction over unlicensed practice in theprofessions, has a reasonable and rational relationto public health, safety, and welfare. See, e.g., Statev. Wakeen, 57N.W.2d 364 (Wis., 1953). cf. State v.VanKeegan, 113 A.2d141 (Conn., 1955), andWilliamson v. Lee Optical of Oklahoma, 348 U.S. 483(1955). For this reason, vesting power in the Boardto regulate illegal practice would not appear toviolate constitutional due process requirements.Because monetary fines are not generally consideredcriminal sanctions, it can be strongly argued thatthere are no constitutional barriers that wouldrestrict the imposition of fines by a Board. See, e.g.,Helvering v. Mitchell, 303 U.S. 376 (1938); City ofWaukegan v. Pollution Control Boards, 311 N.E.2d 146(Ill., 1974); County Council for Montgomery Countyv. Investors Funding Corp., 312 A.2d 225 (Md., 1973);

and Roday v. Hollis, 500 P.2d 97 (Wash., 1972).

Section 301(c). Unlawful Practice.

A license shall be required for any veterinarian who

(c) It shall be unlawful for any person who is notlicensed in this state to provide veterinarymedical services from any state to a client or

This provision is intended to restrict the use of theterms veterinarian and veterinary technician to thosewho are duly licensed and is not intended to preventaccurate use of initials or abbreviations, such as DVM,VMD or any corresponding degree initials forveterinary technicians, indicating academicachievement. This Act is also not intended to preventother licensed professionals from practicing withinother “allied scopes.” However, it is important torecognize the veterinarian and veterinary techniciantitles, and link this name recognition to licensure.This link protects the public through an assurancethat there is regulatory consistency associated withthe veterinary medicine and veterinary technologyidentity. See also the Comments to Section 107(u),defining the term Veterinarian, Section 301(b)(i)above and Section 105, defining the Practice of

Veterinary Technology.


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patient in this state through telephonic, elec-

tronic or other means.

(1) A person who has been issued anAnimal Chiropractic license by thisBoard of Veterinary Medicine maypractice Animal Chiropractic, as de-fined, only under the following cir-cumstances and under the following

standards:

(i) upon referral by a veterinarian licensedin this state who has established a valid Veterinarian-Client-Patient Relationship concerning the animal receiving the Animal Chiropractic care before such treatment commences;

(ii) upon assumption by the animal chiropractor of legal responsibility for the qualityof the Animal Chiropractic performed;

(iii) the maintenance of separate writtenmedical records of each animal receiving Animal Chiropractic for at least __ years; and

(iiii) the transmittal to the referring veterinarian of progress reports within 24 hours ofeach visit to the animal chiropractor. Theprogress reports shall include at a minimumthe following:

(a) the name, address and telephonenumber of the owner of the animal;

(b) the name or iden-tifying number (or both) of

the animal;

(c) the age, gender, and breed of theanimal;

provides veterinary medical services to a patient orclient in this state through telephonic, electronic orother means. Many factors, including technologicaladvancements, increase the likelihood of the prac-tice of veterinary medicine via electronic means andwithout physical presence, both intrastate and in-terstate. While the judiciary may have the final wordon regulating professions across state lines, this sec-tion is designed to specifically address the issue ofwhere practice takes place. AAVSB believes veteri-nary medicine practice takes place where the client/patient is located when receiving services. Becausethe Board’s central mission is to protect the public inits state, it must make every effort to regulate thepractice of veterinary medicine being received in thatstate, regardless of the location of the veterinarianproviding the services. Arguments can also be madewhich identify the location of the practice underthese circumstances as occurring in both jurisdic-tions; that is where the client/patient is located and

where the veterinarian is located.


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(d) the dates of care, custody and treat-ment of the animal;

(e) the results of a ba-sic physical examination per-formed related to the Ani-mal Chiropractic;

(f) the diagnosis andtreatment plan related to theAnimal Chiropractic to beperformed; and

(g) the progress anddisposition of the case.

(2) A person who has been issued ananimal physicaltherapy license by this Board of Veterinary Medicinemay practice Animal Physical Therapy, as defined,only under the following circumstances and underthe following standards:

(i) upon referral by a veterinarian licensedin this state who has established a valid Vet-erinarian-Client-Patient Relationship con-cerning the animal receiving the AnimalPhysical Therapy before such treatmentcommences;

(ii) upon assumption by the animal physicaltherapist of legal responsibility for the qual-ity of the Animal Physical Therapy per-formed;

(iii) the maintenance of separate writtenmedical records of each animal receivingAnimal Physical Therapy for at least __ years;and

(iiii) the transmittal to the referring veteri-narian of progress reports within 24 hours ofeach visit to the animal physical therapist.The progress reports provided shall includeat a minimum the following:

(a) the name, address and telephonenumber of the owner of the animal;


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(b) the name or identifying number (or both)of the animal;

(c) the age, gender, and breed of the animal;

(d) the dates of care, custody and treatmentof the animal;

(e) the results of a basic physical examina-tion performed related to the Ani-mal Physical Therapy;

(f) the diagnosis and treatment plan relatedto the Animal Physical Therapy to beperformed; and

(g) the progress and disposition of the case.

(3) Under Sections 301(c)(1) and301(c)(2) above, the following ap-

plies to the referring veterinarian:

(i) the referring veterinarian shall include acopy of the progress reports provided by theanimal chiropractor or animal physical thera-pist in the permanent medical records of theanimal.

(ii) The referring veterinarian:

(a) is not required to supervisethe animal chiropractor or animalphysical therapist during the AnimalChiropractic or Animal PhysicalTherapy;

(b) is not liable for the acts oromissions of the animal chiroprac-tor or animal physical therapist whoprovides Animal Chiropractic or Ani-mal Physical Therapy; but

(c) is responsible for informingthe animal chiropractor or animalphysical therapist of any known in-fectious diseases carried by the ani-

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(d) Any person who, after a hearing, shall befound by the Board to have unlawfully en-gaged in the Practice of Veterinary Medicine,Veterinary Technology, Animal Chiropracticor Animal Physical Therapy shall be subjectto a fine to be imposed by the Board, not toexceed $__________ for each offense, andcost recovery as set forth in this Act. Eachsuch violation of this Act or the rules pro-mulgated hereunder pertaining to unlaw-fully engaging in the Practice of VeterinaryMedicine or Veterinary Technology shall alsoconstitute a __________ (misdemeanor/felony) punishable upon conviction as pro-vided in the criminal code of this state.

(e) Nothing in this Act shall be construed to pre-vent members of other professions from per-forming functions for which they are duly li-censed. However, such other professionalsmust not hold themselves out or refer tothemselves by any title or description stat-ing or implying that they are licensed or oth-erwise entitled to engage in the practice ofveterinary medicine or veterinary technol-ogy.

Section 302. Qualifications for Licensure by Exami-nation.

(a) To obtain a license to engage in the practiceof veterinary medicine, an applicant for li-censure by examination shall bear the bur-den of substantiating to the Board that thefollowing criteria have been met:

(1) Submission of a written applicationin the form determined by theBoard;

(2) Attainment of twenty-one (21) yearsof age;

(3) Possession of good moral character;


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Section 302(a)(3). Qualifications for Licensure byExamination.

Legislatures have generally agreed that “good moralcharacter” is a proper requirement for licensure ofveterinarians and veterinary technicians. Definingprecisely what constitutes good or bad character hascaused regulatory boards and courts considerable dif-ficulty, and a review of applicable case law reveals aconsiderable variance in the judicial opinions con-cerning the interpretation of good character require-ments. Nevertheless, the courts have uniformlyenforced such requirements, reasoning that becauseregulatory boards are composed primarily of mem-bers of the profession being regulated, they are ca-pable of applying character standards to their pro-fessions with relevance and specificity.

While specific character requirements may vary fromstate to state, and may even appear to vary fromcase to case, the purpose of these requirements re-mains constant. The public has the right to expectthe highest degree of integrity from members of theveterinary medical profession. Boards have a dutyto ensure that these expectations are realized. Fromthis perspective, requirements of good moral char-acter for licensure can be expected to be sustainedby the courts so long as their enforcement is reason-ably related to protection of the public health, safety,and welfare.

When grounded in public protection, issues involv-ing moral character may lead to concerns about thepotential for this qualification to be misused byboards. Although there are many legal ways to en-sure that the good moral character issue is not mis-applied, including state and federal civil rights legis-lation, when making character judgments boardsneed to be extremely sensitive. Practice act provi-sions that bear a reasonable relationship to the pur-pose of protecting the public welfare will generallybe regarded as constitutionally acceptable by mostcourts, so long as the enforcement by boards is rea-

sonably related to the protection of the public.

mal which could be transmitted to

humans.

(4) Graduation and receipt of a doctor-ate degree in Veterinary Medicinefrom an Approved Veterinary Medi-cal Program;

(5) Successful completion within thefive (5) years preceding applicationof an examination(s) approved bythe Board ; and

(6) Payment of all applicable fees speci-fied by the Board relative to the li-

censure process.


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Section 302(a)(4). Qualifications for Licensure byExamination.

AAVSB anticipates that boards will approve thoseprograms whose standards are at least equivalent tothe minimum standards required by the AVMA’sCouncil on Education. See Comment to Section 213(a)for a discussion of the Board’s role in the approvalprocess.

(b) To obtain a license to engage in the practiceof veterinary technology, an applicant for licensureby examination shall bear the burden of substanti-ating to the Board that the following criteria havebeen met:


(2) Attainment of eighteen (18) years ofage;


(4) Graduation and receipt of a degreein Veterinary Technology from an Ap-proved Veterinary Technology Pro-gram;

(5) Successful completion within thefive (5) years preceding applicationof an examination(s) approved bythe Board; and

(6) Payment of all applicable fees speci-fied by the Board relative to the li-censure process.

(c) To obtain a license to engage in the practiceof Animal Chiropractic, an applicant for licensure

Section 302(b) Qualifications for Licensure by Exami-nation

Recognizing that different jurisdictions have varyingrequirements for veterinary technicians, this sectionprovides the basis for standardized requirementsthat boards may wish to work toward.

Section 302(b)(4). Qualifications for Licensure byExamination.

AAVSB anticipates that boards will approve thoseprograms whose standards are at least equivalent tothe minimum standards required by the AVMA’s Com-mittee on Veterinary Technician Education and Ac-tivities. See Comment to Section 213(a) for a discus-sion of the Board’s role in the approval process.


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shall bear the burden of substantiating to the Boardthat the following criteria have been met:




(4) Graduation and receipt of a degreein chiropractic from a program ap-proved by the Board of Chiropracticin this state;

(5) Actively licensed as a chiropractor forat least ____ years;

(6) Verification of good standing withthe Board of Chiropractic in thisstate;

(7) Successful completion of training inAnimal Chiropractic approved by theBoard.

(d) To obtain a license to engage in the practiceof Animal Physical Therapy, an applicant forlicensure shall bear the burden of substantiating to the Board that the following criteriahave been met:




(4) Graduation and receipt of a degreein physical therapy from a program

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approved by the Board of PhysicalTherapy in this state;

(5) Actively licensed as a physical thera-pist for at least ____ years;

(6) Verification of good standing withthe Board of Physical Therapy in thisstate;

(7) Successful completion of training inAnimal Physical Therapy approved

by the Board.

Section 303. Educational Equivalence.

By rule, the Board may set forth a procedurefor applicants who have graduated from a veterinarymedical program/school which is not approved bythe board to petition the board for an equivalencydetermination. At a minimum, the criteria shall in-clude:

(a) A certified transcript from such program/school;

(b) Successful completion of an equivalencyexamination(s) and/or assessment mecha-nism designed to evaluate educationalequivalence, including clinical competen-cies;

(c) Successful completion of a communicationability examination(s) designed to assesscommunication skills, including a commandof the English language; and

(d) Any other reasonable assessment mecha-nism designed to ensure an applicant pos-sesses the educational background necessaryto protect the public health and safety.

Successful completion of the criteria set forth hereinand by the Board under this section shall establisheducational equivalence as one of the criteria for

Section 303. Educational Equivalence.

One of the most difficult tasks for regulatory boardsis to assess the educational equivalence of gradu-ates of veterinary programs outside the United Statesand Canada, not already evaluated by a recognizedaccrediting body under specific standards and crite-ria. To this end, AAVSB has undertaken the develop-ment of its Program for the Assessment of Veteri-nary Education Equivalence (PAVE).

As an entity with public protection as its primary mis-sion and whose membership consists of veterinaryboards who share in this mission, AAVSB’s PAVE pro-gram is designed to assist boards in accurate andtimely assessment of educational equivalence of for-eign veterinary graduates for the purpose of deter-mining licensure eligibility. The basic elements ofAAVSB’s PAVE include:

(1) Verification of academic/educational cre-dentials;

(2) Establishment of English proficiency;

(3) Successful completion of a qualifying examdeveloped to test the knowledge currentlytaught during the first three years of a vet-erinary educational program that meets stan-dards required by a recognized accreditingbody; and

(4) (a) Successful completion of a program ofevaluated clinical experience in a veterinarymedical educational program that meets thestandards of an accrediting body recognizedby the United States Department of Educa-tion. Successful completion of such clinicalprogram shall include the entire clinical ro-tation (minimum of 12 months). Evaluationof such rotation shall use the grading scalefor enrolled students; or

(b) Successful completion of a clinical skillsassessment examination.

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licensure set forth in this Act. Candidates under thisSection must also meet all other statutory criteriafor licensure prior to the issuance of any such license.

AAVSB undertook the development of its PAVE pro-gram in response to the requests of its memberboards. Although AAVSB recognizes the AVMA ECFVGprogram and its contributions to the assessment ofeducational equivalence, the development of PAVEwas undertaken based upon several concerns raisedby AAVSB members and the PAVE Committee. Theseconcerns include:

(a) Conflict of interest (the professional as-sociation controlling entry into the profes-sion);

(b) Inappropriate use of the licensure exami-nation (NAVLE) as a qualifying exam for en-try into the clinical phase of the ECFVG pro-gram. Premature use of the NAVLE not onlyunnecessarily exposes the exam to poten-tial security issues, but also uses the NAVLEfor a purpose for which it has not been vali-dated;

(c) ECFVG applicants in Step 4 of the programbeing subjected to different criteria andmethods of evaluation (than enrolled stu-dents) throughout the clinical phase of theECFVG program.

The AAVSB PAVE is an alternative program to theAVMA ECFVG designed to specifically address theconcerns of the AAVSB member boards. As has beenemphasized throughout this Model Act and Com-ments, boards are encouraged to adopt the standardsof PAVE through its rule making process with the in-tention of recognizing PAVE certification recipientsas having established educational equivalence.Adoption of the standards and criteria of PAVE ratherthan unequivocal recognition of PAVE (or for thatmatter ECFVG) through the statutes or regulationsreduces the likelihood of allegations of improperdelegation.

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Section 304. Examinations.

As has been emphasized throughout this documentand comments, AAVSB recommends that the author-ity to make decisions directly impacting the licen-sure process be specifically vested in the Board. Ona similar note, the discretion to determine the con-tent and subject matter of each examination and thepassing score necessary to indicate minimum com-petence for purposes of licensure belongs solely tothe Board. The Board, of course, may rely upon theexpertise of the examination entity in determiningthe content areas and “cut” scores, however, theboard must be the ultimate decision-maker. That is,statutes and/or rules cannot blindly, and without limi-tations, delegate the decision to the outside entity.See the Comments to Section 213(a) for a more com-plete explanation.

Section 304. Examinations.

(a) Any examination for licensure required un-der this Act, shall be given by the Board atleast two (2) times during each year. TheBoard shall approve the content and subjectmatter of each examination, the place, time,and dates of administration of the examina-tion.

(b) The examinations shall be prepared to mea-sure the competence of the applicant to en-gage in the practice of veterinary medicineor veterinary technology. The Board may em-ploy, cooperate, and contract with any orga-nization or consultant in the preparation, ad-ministration and grading of an examination,but shall retain the sole discretion and re-sponsibility for determining which appli-cants have successfully passed such an ex-amination.

Section 305. Qualifications for a ProvisionalLicense or Temporary Practice.

(a) The Board may issue a provisional license topractice veterinary medicine or veterinarytechnology only under the direct supervisionof a licensed veterinarian to a nonlicensedperson who meets all statutory criteria forlicensure under this Act with the exceptionof an applicable jurisprudence examination.The provisional license shall be issued un-der procedures set forth by the Board butunder no circumstances shall such provi-sional license be granted for a period exceed-ing one (1) year from date of issuance. Sucha provisional license may also contain restric-tions as to time, place, or supervision, whichthe Board deems appropriate and may besummarily revoked by a majority vote of theBoard without a hearing.

(b) Any person licensed to practice veterinarymedicine or veterinary technology in an-

Section 305(a). Qualifications for a ProvisionalLicense.

The procedures established by the Board should in-clude an application form and requirements to reg-ister and take the jurisprudence examination withina certain period of time.

Section 305(b). Qualifications for TemporaryPractice.

With the advent of technological advancements lead-ing to increased mobility of veterinarians, veterinarytechnicians and practice itself, it may be prudent toanticipate and address practice by persons not physi-cally located within the state. Rather than attempt-ing to define “telepractice” or create a limited li-cense to address sporatic practice, it is recommendedthat legislatures address these technologically drivenpractice issues through a temporary practice ap-proach. This temporary practice language is intendedto address sporadic practice within the state irre-spective of whether it is electronically rendered or


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other jurisdiction may, upon prior written ap-plication to the Board, practice in this juris-diction within the scope of practice desig-nated by such license for no more than thirty(30) days per year without applying for a li-cense. Practice privileges under this para-graph shall apply only if the requirementsfor licensure in such other jurisdiction aresubstantially similar to the requirements forlicensure in this jurisdiction. Such personshall not be eligible to practice under thisprovisional license until the date the boardreceives the written application and shall bedeemed to have submitted to the jurisdic-tion of the applicable board and be boundby the laws of this state.

rendered in person. The privilege of practicing tem-porarily (no more than 30 days per year) is onlygranted to individuals duly licensed to practice vet-erinary medicine or veterinary technology in anotherjurisdiction. Based upon the uniformity in accred-ited educational programs and the uniform nationalexamination(s), it is perceived that minimum com-petence in one jurisdiction is reasonably equated tominimum competence in another jurisdiction. Fur-thermore, practice privileges apply to such individu-als only if the requirements for licensure in the stateof licensure are substantially similar to the require-ments for licensure in this state.

By design, the language of the temporary practicereferences a “written application” to be submittedto the Board prior to engaging in practice under thissection. It is up to each individual board to deter-mine the extent of the application and whether theBoard will actually “approve” the ability to practiceor merely maintain a file on the person for futurereference.

The 30-day period is also, by design, left to the inter-pretation of a board whether such period is consecu-tive or how the period is to be determined.

Finally, veterinarians and veterinary technicians pro-viding services under this temporary practice privi-lege are deemed to have submitted to the jurisdic-tion of the applicable board and agree to be boundby the laws thereof. It is recommended that the writ-ten application as determined by the Board containvarious language which verifies the submission ofthe person to the jurisdiction and the applicabilityof the laws of the state. It is believed that this pro-cess provides solutions to legal issues confrontingalternatives which attempt to address telepractice.It provides the boards with important informationas to who is practicing (through the written applica-tion). It also provides the Board with appropriatewaivers relative to jurisdiction and the applicabilityof the laws of the state. Finally, it provides a privi-lege which can be removed by the Board throughthe disciplinary process, reported to the databank,and, if state laws allow, have an eventual impact upon

the actual license in the state of licensure.

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(c) Any person licensed to practice veterinarymedicine or veterinary technology in an-other jurisdiction who is providing serviceswithin the scope of practice designated bysuch license and in response to a disasterdeclared by the appropriate authority or gov-ernor of the state may, upon prior writtennotice to the board, provide such services inthis jurisdiction for a period of time not toexceed ___ consecutive days per year with-out applying for a license. Such person shallbe deemed to have submitted to the juris-diction of the applicable board and be boundby the laws of this state.

Section 305(c). Qualifications for TemporaryPractice.See comments to 305(b) relative to the overall ratio-nale for temporary practice and the applicability ofjurisdictional and other legal issues. Similar ratio-nale applies to this particular section as well. In ad-dition, temporary practice in the case of a declareddisaster is left to the Board to determine.

Again, this provides the Board with valuable infor-mation as to who is practicing within the jurisdictionin the event of a reported complaint or wrongdoing.Written notice can be determined by the Board, butit is suggested it be limited to a simple statement asto the fact that a disaster has been declared, the per-son is practicing relative to the disaster, submits him/herself to the jurisdiction and will abide by the ap-plicable laws of the state. It is not anticipated anysuch notice will be subject to approval by the Board,thus eliminating the time-consuming board approvalprocess due to the emergency nature of the situa-

tion.

Section 306. Qualifications for License Transfer.

(a) In order for a veterinarian or veterinary tech-nician currently licensed in another jurisdic-tion to obtain a license as a veterinarian orveterinary technician by license transfer inthis state, an applicant shall bear the burdenof substantiating to the Board that the fol-lowing criteria have been met:

(1) Submission of a written applicationin the form prescribed by the Board;


(3) Possession at the time of initial li-censure of all qualifications neces-sary to have been eligible for licen-sure at that time in this state;

(4) Active engagement in the practice ofveterinary medicine or veterinary

Section 306. Qualifications for License Transfer.

AAVSB recommends regulatory boards adopt uni-form language which references eligibility throughlicensure transfer because the terms “endorsement”or “reciprocity” may be confusing. Should the statewish to create a reciprocity statute whereby veteri-narians or veterinary technicians can transfer licen-sure into one state only if reciprocal licensure trans-fer is allowed, it may adopt language such as:

No applicant shall be eligible for license transfer un-less the state in which the applicant was initially li-censed as a veterinarian or veterinary technician alsogrants licensure transfer to veterinarians and veteri-nary technicians duly licensed by examination in thisstate, under like circumstances and conditions.

Additionally, Boards are encouraged to develop ex-tensive applications designed to elicit the informa-tion necessary to assess the eligibility of license trans-ferring candidates. Applications should include not

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technology for at least _____hoursduring the three (3) years prior to ap-plication;

(5) Presentment to the Board of proofof initial licensure by examinationand proof that such license is in goodstanding;

(6) Presentment to the Board of proofthat any other veterinary medical orveterinary technology licensegranted to the applicant by any otherstate has not been suspended, re-voked, or otherwise restricted forany reason (except nonrenewal orfailure to obtain the required con-tinuing education credits in any statewhere the applicant is currently li-censed but not engaged in practice ),nor subject to any discipline, how-ever the Board shall have the discre-tion to assess the magnitude of anysuch disciplinary action and deter-mine the licensure eligibility of suchapplicant;

(7) Successful completion of the stateexamination, if applicable; and

(8) Payment of the fees specified by theBoard.

only inquiries regarding adverse actions against thelicensee, but also pending investigations, pendingdisciplinary proceedings, or other matters that maynot have been completed. In this regard, boardsmay wish to refer to the Model Licensure/Renewal/Reinstatement Application developed by the Fed-eration of Associations of Regulatory Boards (FARB).

Section 306(a)(4). Qualifications for License Trans-fer.

AAVSB recommends applicants for licensure trans-fer under this section have engaged in at least 3000hours of veterinary medical practice during the three(3) years prior to application. The 3000-hour figurerepresents approximately half-time employment.AAVSB feels strongly that active engagement in prac-tice is an important criterion in determining eligibil-ity for licensure under this section. The model lawdoes not contain a specific numeric requirementleaving such determination to each jurisdiction.

Section 306(a)(6). Qualifications for License Trans-fer.

AAVSB maintains its Veterinary Information Verifi-cation Agency (VIVA) which is a databank of primarysource verified information on veterinarians acces-sible only to AAVSB member boards. Included withinVIVA is the AAVSB Practitioner Databank which in-cludes final adverse actions reported by memberboards. VIVA and its Practitioner Databank lessenburdens on regulatory boards and veterinarians byproviding a single source of information that can beconfidentially disseminated to regulatory boards inveterinary medicine upon request by the veterinar-ian. VIVA relieves the veterinarian who wishes tobecome licensed in an additional jurisdiction(s) fromthe responsibility of personally obtaining primarysource verified documentation from multiplesources (such as transcripts, licensure status, etc.) insupport of such application(s) for licensure.

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Section 306(a)(7). Qualifications for LicenseTransfer.

Section 306(a)(7) is applicable to those jurisdictionsthat utilize a state specific examination as part of

the licensure process.

Section 307. Continuing Competence.

The Board shall, by rule, establish require-ments for continuing education in veterinary medi-cine and veterinary technology, including the deter-mination of acceptable program content. The Boardshall adopt rules necessary to carry out the statedobjectives and purposes and to enforce the provi-sions of this Section and the continuing competenceof licensees.

Section 307. Continuing Competence.

The issue of how best to ensure and assess continu-ing competence is an on-going concern. Numerousoptions are being considered by a number of nationalorganizations, including self-assessment tools, con-tinuing competence examinations, continuing edu-cation, and others, but no single model has emergedas the single most effective way to ensure continu-ing competence.

AAVSB considered a number of alternatives to man-dated continuing education, the method currentlyused by most states. These alternatives ranged fromsimply stating that licensees will maintain continu-ing competence as a standard of practice, to requir-ing retesting at periodic intervals. AAVSB recognizedthat while some of these alternatives might betterevaluate the continuing competence of licensees, itmight be premature to recommend an alternative tomandated continuing education.

Continuing education has been widely used as anacceptable method for ensuring the continued com-petence of licensees. Many boards mandate that lic-ensees obtain a specified number of hours of con-tinuing education within a licensure renewal period.Some boards specify that licensees must obtaincontinuing education in certain practice areas. How-ever, most boards require that continuing education con-sist of more general content areas in veterinary medi-cine or veterinary technology. AAVSB recommends thatboards require licensees to complete a specified num-ber of continuing education hours in each licensure re-newal period.

Lending credibility to continuing education hours isimperative to the board’s mission of assessing the

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continuing competence of licensees. Rather than relyupon the expectation that continuing education pro-grams chosen by the licensee will meet the criteriaof the board, it is recommended that an assessmentmechanism of programs or providers of CE be exam-ined. Evaluation of programs or providers of CE byexperts can assist veterinary boards by relievingthem of time-consuming administrative responsibili-ties while providing content expertise and unifor-mity.

To this end, AAVSB has instituted the Registry of Ap-proved Continuing Education (RACE) programwhereby the Association, on behalf of its memberboards, approves providers and programs of continu-ing education. As set forth in the Definitions, an “Ap-proved Program of Continuing Education” means aneducational program approved by the board or of-fered by an “Approved Provider of Continuing Edu-cation.” AAVSB has adopted stringent criteria utilizedin its RACE program in determining Approved Pro-viders and Approved Programs. This criteria was de-veloped based upon an analysis of requirements cur-rently used by AAVSB member boards, along with areview of other organizations which also approvecontinuing education (CE) providers or programs.

At their option, AAVSB member boards may wish torecognize AAVSB RACE approved providers or pro-grams as “approved” within their jurisdictions for pur-poses of accepting CE for licensure renewal. Such aprocess will save the administrative burdens placedupon the board in assessing CE providers or programswhile at the same time promoting the mission ofAAVSB to bring uniformity to the licensure and re-newal processes.

To avoid allegations of improper delegation of au-thority (see Comments, Section 213(a)), boards areencouraged to adopt such criteria as established fromtime to time by the AAVSB RACE Program as the cri-teria of such board. This “two-step” process will in-sure that the board maintains the ultimate decisionmaking authority and avoids the legal pitfalls of im-

proper delegation.

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Section 308. Licensure Renewal Requirements.

(a) Licensees shall be required to renew theirlicense at the time and in the manner estab-lished by the board. Under no circumstances,however, shall the renewal period exceed____ years;

(b) As a requirement for licensure renewal, eachlicensee shall provide evidence satisfactoryto the board that such licensee has com-pleted at least ____ continuing educationhours of an Approved Program of Continu-ing Education during the renewal period; and

(c) Veterinary facilities shall be required to renewtheir licenses at the time and in the mannerestablished by the Board. Under no circum-stances, however, shall the renewal period

exceed ____ years.

Section 308. Licensure Renewal Requirements.

AAVSB determined that inactive status was not nec-essary, however, the following language regardinginactive status is provided for reference:

(a) Any licensee who is in good standing withthe Board and who has ceased the practiceof veterinary medicine or veterinary tech-nology may apply for inactive status. TheBoard, in its discretion, may place the lic-ensee on an inactive list and thereafter theinactive licensee shall not practice veterinarymedicine or veterinary technology, nor berequired to pay the annual license renewalfee or required to earn continuing educationcredits.

(b) Any inactive licensee who desires to be re-instated or to resume the practice of veteri-nary medicine or veterinary technology maybe reinstated within the discretion of theBoard upon written application and the de-termination that the inactive licensee haspaid the required license renewal fee for thecurrent year in which the application is filed;and that the licensee earned the requiredcontinuing education credits in an appropri-ate timeframe as determined by the Board.

Section 309. Requirements for Reinstatement of anExpired License.

(a) A licensee who allows a license to expire dueto non-renewal or for failure to submit therequired continuing education hours or paythe applicable renewal fees shall be treatedas having an expired license and shall be in-eligible to practice. An expired license maybe reinstated, at the discretion of the Board,as follows:

(1) Reinstatement petitions submittedwithin 120 days of the expiration datemay be reinstated upon substantia-

Section 309(a). Requirements for Reinstatement ofan Expired License.

The term “expire” is used in this model. Some juris-dictions use the term “lapse”. In the interest of fur-thering greater understanding of terms, AAVSB rec-ommends the use of expire when referring to thestatus of a license that is not renewed by the re-quired date.

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tion by the applicant of all renewalrequirements set forth within thisAct, along with the payment of anyapplicable fees, including a late feeto be determined by the Board;

(2) Reinstatement petitions submittedafter 120 days after the expirationdate but within two (2) years of suchexpiration date may be reinstatedupon substantiation by the applicantof all renewal requirements set forthwithin this Act, including completionof all continuing education credits re-quired to have been completed dur-ing the inactive status period, alongwith a renewal fee to be determinedby the Board;

(3) Reinstatement petitions submittedtwo years or more after the expira-tion date may be reinstated uponsubstantiation by the applicant of alleligibility requirements set forth ineither Article III Section 302 or Sec-tion 306;

(4) Under any circumstances, the Boardmay impose additional reasonablerequirements deemed necessary tofulfill its public protection mission;

(5) Furthermore, the Board may alsoconsider extenuating circumstancesof petitioners who can demonstratehardship, so long as the Board main-tains its public protection mission in

considering such petitions.

ArArArArArticticticticticle IVle IVle IVle IVle IVDiscipline

Article IV. Discipline. Introductory Comment to Article IV.

The enforcement power of the boards is at the veryheart of any practice act. In order to fulfill its re-sponsibilities, the Board must have authority to dis-cipline persons or licensees who violate the act orits rules, including the ability to prohibit these per-sons from continuing to harm the public. The Boardmust be able to stop wrongdoers, discipline them,and where appropriate, guide and assist them in con-tinued competence and/or re-education and reha-bilitation.

This Act’s disciplinary provisions were drafted withthe purpose of granting the Board the widest pos-sible scope within which to perform its disciplinaryfunctions. The grounds for disciplinary actions weredeveloped to ensure protection of the public whilegiving Boards the power to expand or adapt them tochanging conditions. The penalties outlined underthe Act give the Board the flexibility to tailor disci-plinary actions to individual offenses.

Introductory Comment to Section 401. Grounds,Penalties, and Reinstatement.

Under this section, boards are granted authority overboth licensees and applicants. General powers arephrased in such a way as to allow the Board a widerange of actions, including the refusal to issue or re-new a license, and the use of license restrictions orlimitations. Similarly, the penalties outlined in thissection give the Board wide latitude to make thedisciplinary action fit the offense. Please refer tothe Board powers of Section 213 for additional au-thority. Any “reasonable intervals,” such as in sub-section 213(b), would be determined by the Board.

AAVSB recommends that boards develop clear poli-cies regarding the reporting of disciplinary actionstaken against licensees, subject to confidentiality andto the applicable laws of the state. It is strongly rec-ommended that boards make public as much disci-plinary action information as state law allows, andthat all boards participate in the AAVSB VeterinarianInformation Verification Agency (VIVA), a national

Section 401. Grounds, Penalties, and Reinstate-ment.


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(a) The Board may refuse to issue or renew, ormay suspend, revoke, censure, reprimand,restrict or limit the license of or fine any per-son or facility, whether or not licensed, pur-suant to the Administrative Procedures Actor the procedures set forth in Section 402herein below, upon one or more of the fol-

lowing grounds as determined by the Board:

databank that allows boards to review veterinary li-censure candidates for past disciplinary actions from

other jurisdictions.

Section 401(a).

This section must be examined in light of other ap-plicable laws. Some jurisdictions, for example, re-strict the circumstances under which a license maybe denied to an individual who has committed afelony. Additionally, an individual who has beenconvicted of a felony or an act of gross immoralityand who has paid the debt to society has restoredconstitutional protections. These protections maycurtail a strict application of Section 401(a) to thisindividual.

These potential issues make it essential for boardsto promulgate rules that make the grounds for disci-plinary action specific, understandable, and reason-able. Boards must ensure that these rules are pub-lished for the benefits of all licensees. Taking thesesteps will assure the Board of the authority to makeeffective and meaningful disciplinary actions that willnot be overturned by the courts.

(1) Unprofessional conduct as deter-

mined by the Board;

Section 401(a)(1).

Boards must be specific when defining the groundsfor revoking or suspending a license. The term “un-professional conduct” is particularly susceptible tojudicial challenge for being unconstitutionally vague.Each offense included in this term must be capableof being understood with reasonable precision bythe persons regulated. If this standard is met, thelicensees will be able to conform their professionalconduct accordingly, and boards will be able to readilyenforce this provision, and rely upon it during disci-plinary proceedings. Other terms sometimes usedin statutes include unethical, immoral, improper ordishonorable conduct. Generally, courts have recog-nized as appropriate the use of unprofessional con-duct when challenged legally. See Chastev v. Ander-son, 416 N.E.2d 247 (Il.1981); Stephens v. Penn. StateBd. of Nursing, 657 A.2d 71 (Pa. 1995).


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(2) Practicing outside the scope of prac-tice authorized by this Act;

(3) Conduct violative of any of the pro-visions of this Act or rules adoptedpursuant to this Act, including thefailure to cooperate with the Boardin the inspection or investigativeprocess within a reasonable time pe-

riod;

Section 401(a)(3). Grounds, Penalties and Rein-statement.

This subsection allows the Board to take disciplinaryaction against a violation of any portion of this Act.While not specifically enumerated in this subsec-tion, many activities, such as failure to report underthe mandatory reporting provisions in Article VI con-

stitutes actionable conduct.

(4) Incapacity or impairment, for what-ever reason, that prevents a licenseefrom engaging in practice with rea-sonable skill, competence, andsafety to the public;


[See also Comment to Section 401(b) regarding par-ticipation in an impairment program.] This sectiondoes not identify specific impairments in order toallow for broad application and the potential for ex-pansion. It is intended to cover incapacity and im-pairments due to drug and alcohol abuse, mentalhealth conditions, and others.

It is important to note that the authority of the Boardto refuse to issue or renew a licensee, as well as itsability to discipline a licensee for various incapaci-ties or impairments should not be limited by theAmericans with Disabilities Act (ADA). Board actionmust be based on the protection of the public-theultimate goal of the practice act. The ADA is designedto provide opportunities to otherwise qualified in-dividuals with disabilities. It does not mandate li-censure where public protection might be compro-mised.

(5) Conviction of a felony (as defined un-der state or federal law);

(6) Any act involving moral turpitude orimmorality;

(7) Violations of the laws, rules andregulations of this state, any otherstate, or the federal government,pertaining to any aspect of the prac-tice of veterinary medicine or vet-erinary technology;

(8) Being found by the Board or any courtof competent jurisdiction to have en-gaged in acts constituting cruelty orabuse of animals;

(9) Misrepresentation of a fact by an ap-plicant or licensee;

(i) In securing or attempting tosecure the issuance or renewal of alicense;


Boards must also be aware of how the definition of“felony” may impact its actions. See Rothstein v.Dept. of Professional and Occupational Regulation,397 So.2d 305 (App. Ct. Fla. 1981), where the Floridafelony definition differed from the federal defini-tion.


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Section 401(a)(12).

Veterinary boards are encouraged to adopt specificstandards of practice and codes of conduct into therules/regulations to provide licensees with reason-able guidance as to acceptable practice activities.Failure to adopt such standards may impede theboard from enforcement should a licensee be ac-cused of substandard practice. Reliance on standardsadopted by an outside entity such as the professionalassociation without formal adoption by the boardmay encourage improper delegation arguments aswell as a failure to provide licensees with the appro-priate parameters of acceptable practice. This, ofcourse, does not preclude the Board from formallyadopting the standards that may already be in exist-

ence within these other associations.


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(ii) In statements regarding thelicensee’s skills or value of any treat-ment provided or to be provided orusing any false, fraudulent, or de-ceptive statement connected withthe practice of veterinary medicineor veterinary technology including,but not limited to, false or mislead-ing advertising;

(10) Fraud by a licensee in connectionwith the practice of veterinary medi-cine or veterinary technology includ-ing engaging in improper or fraudu-lent billing practices;

(11) Engaging in, or aiding and abettingany person engaging in practice with-out a license, or falsely using the titleof Veterinarian, or Veterinary Tech-nician or a derivative thereof;

(12) Failing to conform to accepted mini-mum standards of practice or failingto maintain a veterinary facility at ac-cepted minimum standards for facili-ties;

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(13) Failing to pay the costs assessed in adisciplinary matter or failing to com-ply with any stipulation or agree-ment involving probation or settle-ment of any disciplinary matter withthe Board or with any order enteredby the Board;

(14) (i) Conduct which violates thesecurity of any examination materi-als, including, but not limited to:

(a) removing from the ex-amination room any examinationmaterials without authorization;

(b) the unauthorized repro-duction by any means of any portionof the actual examination;

(c)aiding by any means theunauthorized reproduction of anyportion of the actual examination;

(d) paying or using profes-sional or paid examination-takers forthe purpose of reconstructing anyportion of the examination;

(e) obtaining examinationquestions or other examination ma-terial, except by specific authoriza-tion either before, during or after anexamination;

(f) using any examinationquestions or materials which wereimproperly removed or taken fromany examination; or

(g) selling, distributing, buy-ing, receiving, or having unautho-rized possession of any portion of afuture, current, or previously admin-istered examination;


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(ii) Communicating with anyother examinee during the adminis-tration of an examination;

(iii) Copying answers from an-other examinee or permitting one’sanswers to be copied by another ex-aminee;

(iv) Having in one’s possessionduring the administration of the ex-amination any books, equipment,notes, written or printed materials,or data of any kind, other than theexamination materials distributed,or otherwise authorized to be inone’s possession during the exami-nation; or

(v) Impersonating any exam-inee or having an impersonator takethe examination on one’s behalf;

(15) Failure of a licensee or applicant toreport to the Board any informationas required under Article VI of thisAct; and

(16) Being the subject of the revocation,suspension, surrender or other dis-ciplinary sanction of a veterinary,veterinary technology or related li-cense or of other adverse action re-lated to a veterinary, veterinary tech-nician or related license in anotherjurisdiction or country including thefailure to report such adverse action

to the Board.


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Introductory Comment to Section 401(b). Grounds,Penalties and Reinstatement.

This section addresses the impaired professional andoutlines the Board’s flexibility when dealing withsuch professional through investigations and disci-

plinary actions.

(b) The Board may defer action with regard toan impaired licensee who voluntarily signsan agreement, in a form satisfactory to theBoard, agreeing not to practice veterinarymedicine or veterinary technology and toenter an approved treatment and monitor-ing program in accordance with rules dulypromulgated by the Board, provided that thisSection shall not apply to a licensee who hasbeen convicted of, pleads guilty to, or entersa plea of nolo contendere to a felony or aconviction relating to a controlled substancein a court of law of the United States or anyother state, territory, or country or a convic-

tion related to sexual misconduct.

Section 401(b). Grounds, Penalties and Reinstate-ment.

Veterinary boards may wish to consider the follow-ing for rules/regulations relative to the impaired lic-ensee to specify the contractual expectations of in-dividuals requesting participation in the program:

(1) A licensee who is physically or mentally im-paired due to addiction to drugs or alcoholmay qualify as impaired and have disciplin-ary action deferred and ultimately waivedonly if the board is satisfied that such actionwill not endanger the public and the licenseeenters into an agreement with the board fora treatment and monitoring plan approvedby the board, progresses satisfactorily in suchtreatment and monitoring program, com-plies with all terms of the agreement and allother applicable terms of subsection (b)(2).Failure to enter such agreement or to com-ply with the terms and make satisfactoryprogress in the treatment and monitoringprogram shall disqualify the licensee fromthe provisions of this Section and the boardmay activate an immediate investigation anddisciplinary proceedings. Upon completionof the rehabilitation program in accordancewith the agreement signed by the board, thelicensee may apply for permission to resumepractice upon such conditions as the boarddetermines necessary.

AAVSB encourages boards to explore options for theeffective monitoring of impaired licensees. Oncethe Board has identified an impaired licensee, there


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Model Laware many resources available to Boards that can as-sist in the monitoring and rehabilitation process.

(2) The Board may require a licensee to enterinto an agreement which includes, but is notlimited to, the following provisions:

(i) Licensee agrees that the license shallbe suspended or revoked indefi-nitely under Section (1);

(ii) Licensee will enroll in a treatmentand monitoring program approvedby the Board;

(iii) Licensee agrees that failure to satis-factorily progress in such treatmentand monitoring program shall be re-ported to the Board by the treatingprofessional who shall be immunefrom any liability for such reportingmade in good faith; and

(iv) Licensee consents to the release oftreatment and monitoring reports tothe Board. The Board shall deter-mine the format and intervals of suchreports. Any personnel reporting tothe board under this section shall beimmune from liability when such re-ports are made in good faith.

It is the intention of AAVSB that the regulatory lan-guage of “treating professional” under section (2)(iii)above shall include supervisors and others involvedin the treatment and monitoring program. Readersmay also refer to Section 608, Immunity, within the

Act.

(3) The ability of an impaired licensee to prac-tice may be restored and charges dismissedwhen the Board is satisfied by the reports ithas received from the approved treatmentprogram that the licensee can resume prac-tice without danger to the public.


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Model Law(4) The impaired licensee who has enrolled in

an approved treatment and monitoring pro-gram and entered into an agreement withthe Board in accordance withthe____________ Veterinary Medicine andVeterinary Technology Practice Act shall havethe license suspended or revoked but en-forcement of this suspension or revocationshall be stayed by the length of time the lic-ensee remains in the program and makes sat-isfactory progress, complies with the termsof the agreement, and adheres to any limi-tations on the practice imposed by the Boardto protect the public. Failure to enter intosuch agreement or to comply with the termsand make satisfactory progress in the treat-ment and monitoring program shall dis-qualify the licensee from the provisions ofthis Section and the Board shall activate animmediate investigation and disciplinaryproceedings.

(5) Any licensee who has substantial evidencethat another licensee has an active addictivedisease for which the other licensee is notreceiving treatment under a program ap-proved by the Board pursuant to an agree-ment entered into under this Section, is di-verting a controlled substance, or is mentallyor physically incompetent to carry out theduties of the license, shall make or cause tobe made a report to the Board. Any personwho reports pursuant to this Section in goodfaith and without malice shall be immunefrom any liability arising from such reports.Failure to provide such a report within a rea-sonable time from receipt of knowledge maybe considered grounds for disciplinary actionagainst the licensee so failing to report.


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Model Law(c) Subject to an order duly entered by the Board,

any person whose license to practice veteri-nary medicine or veterinary technology inthis state has been suspended or restrictedpursuant to this Act, whether voluntarily orby action of the Board, shall have the right,at reasonable intervals, to petition the Boardfor reinstatement of such license. Such pe-tition shall be made in writing and in the formprescribed by the Board. Upon investigationand hearing, the Board may, in its discretion,grant or deny such petition, or it may modifyits original finding to reflect any circum-stances which have changed sufficiently towarrant such modifications. The Board, alsoin its discretion, may require such person topass an examination(s), complete Board im-posed Continuing Education requirements,or any other sanctions deemed appropriateby the Board for reentry into the practice ofveterinary medicine or veterinary technol-ogy.

(d) The Board may issue a cease and desist or-der to stop any person from engaging in un-authorized practice or violating or threaten-ing to violate a statute, rule, or order whichthe Board has issued or is empowered toenforce. The cease and desist order muststate the reason for its issuance and give no-tice of the person’s right to request a hear-ing under applicable procedures as set forthin the Administrative Procedures Act. Noth-ing herein shall be construed as barringcriminal prosecutions for violations of thisAct.

(e) All final decisions by the Board shall be sub-ject to judicial review pursuant to the Ad-ministrative Procedures Act.

(f) Any veterinarian or veterinary technicianwhose license is revoked, suspended, or notrenewed shall return such license to the of-fices of the Board within ten (10) days afternotice of such action.

Section 401(c). Grounds, Penalties and Reinstate-ment.

A licensee who is under investigation, or who hasbeen charged with a violation of the________________ Veterinary Medicine and Veteri-nary Technology Practice Act may agree to voluntar-ily surrender his or her license. When this occurs,the Board should formally enter stipulated findingsand an order describing the terms and conditions ofthe surrender, including any agreed-upon time lim-its. This important step establishes statutory groundsthat will support any disciplinary action, and preventsa licensee who has surrendered a license from ap-plying for (or receiving) reinstatement within a timeframe unacceptable to the Board. In the case of aveterinarian, final adverse action by the Board alsotriggers a report to the AAVSB Veterinary Informa-tion Verification Agency (VIVA) to inform other ju-risdictions of the sanction. AAVSB encourages boardsto review local law regarding disciplinary sanctions,and distinguish between revocation, suspension,and rights and conditions of reinstatement. SeeFlanzer v. Board of Dental Examiners, 271 Cal.Rptr.583 (1990) (Board empowered to impose conditionsof reinstatement); Jones v. Alabama State Board ofPharmacy, 624 So.2nd 613 (Ala. App.Ct. 1993) (re-voked license carries no right of reinstatement); andRoy v. Medical Board of Ohio, 655 N.E.2d (OhioApp.Ct.1995) (authority to revoke a license to prac-tice includes the authority to revoke permanently).

AAVSB also recognizes the importance of appropri-ately drafted board orders which include at least thefollowing: findings of fact, conclusions of law, sanc-tions, reinstatement rights (if any) and notice of pub-lication (newsletter, website, etc). It is imperativethat board orders contain such specificity in order toprovide enough information to the disciplined lic-ensee, current board, as well as future board mem-bers, as to the licensure status and/or eligibility forre-licensure of the person.


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Model LawSection 402. Summary Suspension.

Notwithstanding any provisions of the stateAdministrative Procedures Act, the Board may, with-out a hearing, temporarily suspend a license for notmore than sixty (60) days if the Board finds that alicensee has violated a law or rule that the Board isempowered to enforce, and if continued practice bythe licensee would create an imminent risk of harmto the public. The suspension shall take effect uponwritten notice to the licensee specifying the statuteor rule violated. At the time it issues the suspensionnotice, the Board shall schedule a disciplinary hear-ing to be held under the Administrative ProceduresAct within ___ days thereafter. The licensee shall beprovided with at least ___ days notice effective fromthe date of issuance of any hearing held under thissubsection.

Section 402. Summary Suspension.

In many states, an Administrative Procedures Act de-termines the procedures that must be followed be-fore disciplinary action can be taken. The PracticeAct Model was drafted on the assumption that anAdministrative Procedures Act is in effect.


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ArArArArArticticticticticle le le le le VVVVVConfidentiality

Article V. Confidentiality. Introductory Comment to Article V.

This section is intended to establish the confidenti-ality requirements for licensees, based on the pro-fessional relationship between practitioner and cli-ent. Although “confidentiality” and “privileged com-munication” are related terms, there are importantdifferences between the two concepts. “Confiden-tiality” is a broad term, and describes the intentionthat information exchanged between a licensee anda client is to be maintained in secrecy, and not dis-closed to outside parties. “Privileged communica-tion” is a more narrow term that describes the legalrelationship between licensee and client when a lawmandates confidentiality.

This article is titled “Confidentiality” rather than“Privileged Communication” or “Confidentiality/Privileged Communication” because confidentialityprovisions include privileged communications, andit is intended to give boards the widest possible lati-

tude.

Section 501. Confidential Communications and Ex-ceptions.

(a) No licensee shall disclose any informationacquired from persons consulting the lic-ensee in a professional capacity, except thatwhich may be voluntarily disclosed under thefollowing circumstances:

(1) In the course of formally reporting,conferring or consulting with col-leagues or consultants , in which in-stance all recipients of such informa-tion are similarly bound to regard thecommunication as privileged;

(2) With the written consent of theclient;

(3) In case of death or disability of theclient, with the consent of a personalrepresentative or other authorizedperson;

(4) When a communication reveals thecommission of, or intended commis-sion of, a crime or harmful act or ani-

Section 501 (a)(2).

AAVSB considered requiring “written” consent ofthe client as a prerequisite to disclosure of infor-mation. After discussion, the written requirement

was removed. However, AAVSB encourages writ-ten consent where available and deemed appro-

priate by the veterinarian.


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(b) Any person having access to records or any-one who participates in providing veterinarymedical services or who is supervised by aveterinarian is similarly bound to regard allinformation and communications as confi-

dential in accordance with the section.


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Practice Act Model with comments | Article V

mal abuse and such disclosure isjudged necessary by the licensee toprotect any person or animal from aclear, imminent risk of serious men-tal or physical harm or injury, or toforestall a serious threat to the pub-lic safety;

(5) When the person waives the privi-lege by bringing any public chargesagainst the licensee;

(6) When, in the licensee’s professionaljudgment, there is reasonable causeto suspect that a person or animalhas been or is being abused; or

(7) When the person is a minor underthe laws of this State and the infor-mation acquired by the licensee pro-vides a reason to suspect or indicatesthat such minor was the victim orsubject of a crime, the licensee maybe required to testify in any judicialproceedings in which the commis-sion of that crime is the subject ofinquiry and when, after an in camerareview of the information that thelicensee acquired, the court deter-mines that the interests of the mi-nor in having the information heldprivileged are outweighed by the re-quirements of justice, the need toprotect the public safety or the needto protect the minor.

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Model LawIntroductory Comments to Article VI.

Licensees are in a unique position to know of andevaluate the conduct of other licensees. This sec-tion establishes a licensee’s legal responsibility toreport activities that may be harmful to clients, in-cluding incompetence, negligence and unethicalpractice.

Recently, consumer groups and others have voicedconcerns that health care professionals often pro-tect each other – either through remaining silentwhen made aware of substandard practice, orthrough outright denial of this substandard practice– to the detriment of the public. This perception, nomatter how inaccurate, undermines the public’s con-fidence in professional regulation. The inclusion ofmandatory reporting provisions provides assurancethat professional “protection” that puts the public atrisk is itself a violation of the practice act.

While not specifically delineated in this article, it isexpected that institutions will report relevant disci-plinary actions to the Board. Mandatory reportingrequirements placed upon institutions are necessaryto protect the public. However, it is likely that theBoard does not maintain jurisdiction over such insti-tutions, and, thus could not legally enforce any such

requirements on these institutions.

Article VI. Mandatory Reporting.

Section 601. Responsibility to Report.A person who has knowledge of any conduct

by an applicant or a licensee which may constitutegrounds for disciplinary action under this Act or therules of the Board or of any unlicensed practice un-

der this Act, shall report the violation to the Board.

Section 602. Professional Societies or Associations.

A national, state or local professional soci-ety or association for licensees shall forward to theBoard any complaint received concerning the ethicsor conduct of the practice which the Board regulates.The society or association shall forward a complaintto the Board upon receipt of the complaint. The so-ciety or association shall also report to the Board any

disciplinary action taken against a member.

Section 602. Professional Societies or Associations.

The intent of this section is to address conduct thatconstitutes grounds for discipline under the Act. Thissection is not intended to cover other conduct is-sues that may be addressed in the Code of Ethics of

such a professional society or association.


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Practice Act Model with comments | Article VI

Section 603. Licensees and Applicants.

(a) Licensees and applicants shall report to theBoard information related to the followingconduct by an applicant or a licensee:

(1) Failure to make reports as requiredby this law;

(2) Impairment in the ability to practiceby reason of illness, use of alcohol,drugs, or other chemicals, or as a re-sult of any mental or physical condi-tion;

(3) Fraudulent billing practices;

(4) Fraud in the licensure applicationprocess, examination process, or anyother false statements made to theboard;

(5) Conviction of any felony or any crimereasonably related to the practice ofveterinary medicine or veterinarytechnology; and

(6) A violation of any Board order.

(b) Licensees and applicants shall also report tothe Board information on any other conductby an applicant or a licensee that constitutesgrounds for disciplinary action under this Actor the rules of the Board.

(c) Failure of a licensee or applicant to report tothe Board any information as required in sub-section (a) or (b) above shall constitutegrounds for discipline by the Board.


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Section 604. Reporting Other Licensed Profession-als.

AAVSB has determined that licensees under this Actshould report indiscretions to other boards. Accord-ingly, the legislature mandates that other licenseesshall report conduct which violates the provisions ofanother Practice Act. For instance, information ofwrongful dispensing of a controlled substance by apharmacist shall be reported to the Pharmacy Board.Similarly, AAVSB feels strongly that other disciplinesshould have similar provisions in their Practice Actso that communication among regulatory boards en-

hances the Board’s ability to protect the public.

Section 605. Courts.

The court administrator of the district courtor any other court of competent jurisdiction shallreport to the board any judgment or other determi-nation of the court that adjudges or finds that anapplicant or a licensee is mentally ill, mentally in-competent, guilty of a felony, guilty of a violation offederal or state narcotics laws or controlled sub-stances act, or guilty of any crime reasonably relatedto the practice of veterinary medicine or veterinarytechnology, or that appoints a guardian of the appli-cant or licensee or commits an applicant or licensee

pursuant to applicable law.

Section 606. Self-Reporting.

An applicant or licensee shall report to theBoard any personal action that would require that areport be filed pursuant to this Act.

Section 607. Deadlines, Forms.

Reports required by this Act must be sub-mitted not later than 30 days after the occurrence ofthe reportable event or transaction. The Board mayprovide forms for the submission of reports requiredby this section, may require that reports be submit-ted on the forms provided, and may adopt rules nec-essary to assure prompt and accurate reporting.


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Section 604. Reporting Other Licensed Profession-als.

A licensee or applicant shall report to theapplicable board conduct by a licensed health pro-fessional which would, in the licensee’s orapplicant’s best judgment, constitute grounds fordisciplinary action under the chapter governing thepractice of the other licensed health professionaland which is required by law to be reported to the

applicable board.

Section 608. Immunity.

Any person is immune from liability or pros-ecution for submitting in good faith a report underArticle VI or for otherwise reporting, providing in-formation, or testifying about violations or allegedviolations of this chapter. The identity of any person

that submits a report shall be confidential.


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ArArArArArticticticticticle le le le le VIIVIIVIIVIIVIIOther


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Practice Act Model with comments | Article VII

Article VII. Other.

Section 701. Severability.

If any provision of this Act is declared uncon-stitutional or illegal, or the applicability of this Act toany person or circumstance is held invalid by a courtof competent jurisdiction, the constitutionality orlegality of the remaining provisions of this Act andthe application of this Act to other persons and cir-cumstances shall not be affected and shall remain infull force and effect without the invalid provision orapplication.

Section 702. Effective Date.

This Act shall be in full force and effect on___________(insert date).

Documents

Veterinary Medicine and Veterinary Technology Practice Act Model