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
2 1997 Session Laws of Kansas Ch. 1
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.
Ch. 1 1997 Session Laws of Kansas 3
(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-
4 1997 Session Laws of Kansas Ch. 1
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.
Approved March 6, 1997.