SB 62--
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SENATE BILL No. 62
By Committee on Agriculture
1-21
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AN ACT concerning veterinary practice; amending K.S.A. 47-816 and 47- 826 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 47-816 is hereby amended to read as follows: 47- 816. As used in this the Kansas veterinary practice act: (a) ``Animal'' means any mammalian animal other than human and any fowl, bird, amphibian, fish or reptile, wild or domestic, living or dead. (b) ``Board'' means the state board of veterinary examiners. (c) ``Clock hour of continuing education courses'' means 60 minutes of actual attendance at a continuing education course approved by the board. (d) ``Direct supervision'' means the supervising licensed veterinarian is on the premises in an animal hospital setting or in the same general area in a range setting, the supervisor is quickly and easily available and that the animal has been examined by a veterinarian at such time as good veterinary medical practice requires, consistent with the particular dele- gated animal health care task. (e) ``Licensed veterinarian'' means a veterinarian who is validly and currently licensed to practice veterinary medicine in this state. (f) ``Indirect supervision'' means that the supervising licensed veter- inarian is not on the premises, but has given either written or oral instruc- tions for treatment of the animal patient, the animal has been examined by a veterinarian at such times as good veterinary medical practice re- quires, consistent with the particular delegated animal health care task and the animal is not anesthetized as defined in rules and regulations. (g) ``Practice of veterinary medicine'' means any of the following: (1) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury or other physical or mental condition; including the prescription or administration of any drug, medicine, bio- logic, apparatus, application, anesthesia or other therapeutic or diagnostic substance or technique on any animal including but not limited to acu- puncture, surgical or dental operations, animal psychology, animal chi- ropractic, theriogenology, surgery, including cosmetic surgery, any man- ual, mechanical, biological or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to render service or recommendations with regard to any of the above and all other branches of veterinary medicine. (2) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (1). (3) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph (1). Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine. (4) To collect blood or other samples for the purpose of diagnosing disease or conditions. This shall not apply to unlicensed personnel em- ployed by the United States department of agriculture, the Kansas animal health department or the state board of agriculture who are engaged in such personnel's official duties. (5) To apply principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease con- trol and disaster medicine in the promotion and protection of public health in the performance of any veterinary service or procedure. (h) ``School of veterinary medicine'' means any veterinary college or division of a university or college that offers the degree of doctor of vet- erinary medicine or its equivalent, which conforms to the standards re- quired for accreditation by the American veterinary medical association and which is recognized and approved by the board. (i) ``Veterinarian'' means a person who has received a doctor of vet- erinary medicine degree or the equivalent from a school of veterinary medicine. (j) ``Veterinary medical specialist'' means a person who has completed advanced training in such person's specialty area and is a diplomat of such specialty. (k) ``Veterinary premises'' means any premises or facility where the practice of veterinary medicine occurs, including but not limited to, a mobile clinic, outpatient clinic, satellite clinic or veterinary hospital or clinic, but shall not include the premises of a veterinary client or, research facility or any premises wherein the practice of veterinary medicine occurs no more than three times per year as a public service outreach of a reg- istered veterinary premises. (l) ``Graduate veterinary technician'' means a person who has grad- uated from an American veterinary medical association accredited school approved by the board, or other board-approved school for the training of veterinary technicians. (m) ``Registered veterinary technician'' means a person who is a grad- uate veterinary technician or any other person who has passed the ex- aminations required by the board for registration and is registered by the board. (n) ``Veterinary-client-patient relationship'' means: (1) The veterinarian has assumed the responsibility for making med- ical judgments regarding the health of the animal or animals and the need for medical treatment, and the client, owner or other caretaker has agreed to follow the instruction of the veterinarian; (2) there is sufficient knowledge of the animal or animals by the vet- erinarian to initiate at least a general or preliminary diagnosis of the med- ical condition of the animal or animals. This means that the veterinarian has recently seen and or is personally acquainted with the keeping and care of the animal or animals by virtue of an examination of the animal or animals, or by medically appropriate and timely visits to the premises where the animal or animals are kept, or both; and (3) the practicing veterinarian is readily available for followup in case of adverse reactions or failure of the regimen of therapy. (o) ``ECFVG certificate'' means a certificate issued by the American veterinary medical association education commission for foreign veteri- nary graduates, indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine. (p) ``Veterinary prescription drugs'' means such prescription items as defined by subsection (c) of 21 U.S.C. Sec. 353. (q) ``Veterinary corporation'' means a professional corporation of li- censed veterinarians incorporated under the professional corporation act of Kansas, cited at K.S.A. 17-2706 et seq., and amendments thereto. (r) ``Veterinary partnership'' means a partnership pursuant to the Kansas uniform partnership act, cited at K.S.A. 56-301 et seq., and amendments thereto, formed by licensed veterinarians engaged in the practice of veterinary medicine. Sec. 2. K.S.A. 47-826 is hereby amended to read as follows: 47-826. (a) The board may issue a license to practice veterinary medicine to an applicant who meets all of the following requirements: (1) Has passed the national boards examination as determined by the board pursuant to rules and regulations; (2) if the applicant graduated from a school of veterinary medicine prior to after 1980, has passed the clinical competency test as determined by the board pursuant to rules and regulations; (3) has passed the Kansas veterinary legal practice examination; (4) is not subject to a license investigation, nor has been the recipient of a license suspension, revocation, or other serious disciplinary action in any state, territory, the District of Columbia or any foreign country; (5) submits an authenticated copy of a diploma verifying graduation from an American veterinary medicine association accredited school of veterinary medicine or the holder of an educational commission for for- eign veterinary graduate certificate issued from the American veterinary medical association; (6) if the applicant graduated from a school of veterinary medicine more than 10 years prior to the year in which the application is being submitted, show proof that the applicant has actively practiced veterinary medicine for at least five of the prior 10 years or has actively practiced for at least 2,000 hours during the three years immediately preceding such application; (7) provides other information and proof as the board may establish by rules and regulations; and (8) pays any license application fee and examination fee established by the board pursuant to rules and regulations. (b) The board also may issue a license to practice veterinary medicine to an applicant who meets all of the following requirements: (1) Holds a current certification as a diplomat of a national specialty board or college recognized by the board by rules and regulations; (2) is not subject to license investigation, suspension or revocation in any state, territory, the District of Columbia or any foreign country; (3) passes the Kansas veterinary legal practice examination; (4) provides other information and proof as the board may require by rules and regulations; and (5) pays any license application fee and examination fee established by the board pursuant to rules and regulations. Sec. 3. K.S.A. 47-816 and 47-826 are hereby repealed. Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.