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CSHB 297(L&C): "An Act relating to the practice of veterinary medicine."

00 CS FOR HOUSE BILL NO. 297(L&C) 01 "An Act relating to the practice of veterinary medicine." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.98.050(a) is amended to read: 04 (a) The board shall 05 (1) establish examination requirements for eligible applicants for 06 licensure to practice veterinary medicine; 07 (2) examine, or cause to be examined, eligible applicants for licensure 08 or registration; 09 (3) approve the issuance of licenses and student permits to qualified 10 applicants; 11 (4) establish standards for the practice of veterinary medicine by 12 regulation; 13 (5) conduct disciplinary proceedings in accordance with this chapter; 14 (6) adopt regulations requiring proof of continued competency before a 15 license is renewed;

01 (7) as requested by the department, monitor the standards and 02 availability of veterinary services provided in the state and report its findings to the 03 department; 04 (8) collect, or cause to be collected, data concerning the practice of 05 veterinary technology by veterinary technicians in the state and submit the data to the 06 department for maintenance; 07 (9) establish, by regulation, educational and training requirements for 08 (A) the issuance of student permits; and 09 (B) the delegation of duties by veterinarians licensed under this 10 chapter to veterinary technicians. 11 * Sec. 2. AS 08.98.070 is amended to read: 12 Sec. 08.98.070. Duties of the department. The department shall furnish the 13 board with administrative services, including renting space for holding examinations, 14 printing and mailing licenses and student permits, sending notices, before 15 December 1 of each year, that licenses must be renewed, collecting fees and issuing 16 receipts, keeping a current register of licensees, employing secretarial assistants, 17 replying to routine requests for information, printing forms and informational 18 bulletins, typing all matter to be reproduced, maintaining records and completed 19 examinations, and keeping records of receipts and disbursements. 20 * Sec. 3. AS 08.98 is amended by adding a new section to read: 21 Sec. 08.98.125. Exemptions. This chapter does not apply to the following: 22 (1) a veterinary medical officer in the military service in the discharge 23 of official duties or as an employee in the federal or state government performing 24 veterinary medical services within the scope of the person's official duties; 25 (2) a person who provides care without remuneration to an injured or 26 ill animal that reasonably appears to the person to be in need of aid; 27 (3) a veterinarian who is licensed in another state or country, or a 28 person whose expertise a veterinarian licensed in this state believes would benefit an 29 animal, and who provides only consultation to a veterinarian licensed in this state; 30 (4) a holder of a student permit under AS 08.98.188; 31 (5) a person who performs euthanasia of an animal in the course and

01 scope of the person's employment while employed by an agency that has a permit 02 issued under AS 08.02.050; 03 (6) a veterinarian licensed and residing in another state who provides 04 assistance, as requested by and under the supervision of a veterinarian licensed in this 05 state, for the purpose of providing skills not otherwise available in this state in 06 conducting research or other practice of veterinary medicine on captive or free-ranging 07 wildlife; however, that assistance is limited to not more than three events in a calendar 08 year for not more than a total of 60 days in the year and may not be on a regular or 09 recurring basis, as defined by the board; 10 (7) a person engaged in the practice of artificial insemination in an 11 animal; 12 (8) a farrier in the performance of the farrier's profession; 13 (9) a person approved by the Department of Health and Social Services 14 to administer rabies vaccine to animals; and 15 (10) a person or employee of a person, who, without compensation, 16 treats only animals belonging to that person, unless ownership is transferred for the 17 purpose of avoiding this chapter or unless the primary purpose of hiring the employee 18 is to avoid application of this chapter. 19 * Sec. 4. AS 08.98.165(a) is amended to read: 20 (a) An applicant is qualified to receive a license as a veterinarian who 21 (1) is a graduate of an accredited veterinary program [SCHOOL] or 22 who has successfully completed the Educational Commission for Foreign Veterinary 23 Graduates certification process; 24 (2) has, within the 60 months preceding application for the license, 25 passed a national examination for veterinarians approved by the board; 26 (3) has passed the written examination of the state on specific Alaska 27 issues of veterinary practice; 28 (4) is in good standing, as defined by the board in regulations; and 29 (5) has paid required fees. 30 * Sec. 5. AS 08.98 is amended by adding a new section to read: 31 Sec. 08.98.188. Student permit. (a) The board may approve the issuance of a

01 student permit to a student enrolled in and in good standing at an accredited college of 02 veterinary medicine who has completed three years of study and is participating in an 03 externship program as part of the college's educational curriculum. 04 (b) A student permit is valid for not longer than one year and may not extend 05 beyond the student's graduation. 06 (c) A holder of a student permit is subject to the following limitations: 07 (1) assistance in diagnosis and surgery must be under the immediate 08 supervision of a veterinarian licensed in this state; 09 (2) assistance in treatment must be under the direct or indirect 10 supervision of a veterinarian licensed in this state; 11 (3) not more than one student permit holder at a time may be under the 12 direct supervision of a veterinarian licensed in this state; and 13 (4) a veterinary practice may not retain more than two student permit 14 holders at a time. 15 (d) The board shall establish requirements for student permits by regulation. 16 * Sec. 6. AS 08.98.250(1) is amended to read: 17 (1) "accredited veterinary program [SCHOOL]" means a veterinary 18 college or division of a university or college that offers the degree of Doctor of 19 Veterinary Medicine, or its equivalent that has been approved [AS DETERMINED] 20 by the board [, AND CONFORMS TO THE STANDARDS REQUIRED FOR 21 ACCREDITATION BY THE AMERICAN VETERINARY MEDICAL 22 ASSOCIATION]; 23 * Sec. 7. AS 08.98.250(5) is amended to read: 24 (5) "practice of veterinary medicine" means 25 (A) [MEANS FOR COMPENSATION] to 26 (i) diagnose, treat, correct, change, relieve, or prevent 27 animal disease, deformity, defect, injury, or other physical or mental 28 condition, including the prescription or administration of a drug, 29 biologic apparatus, anesthetic, or other therapeutic or diagnostic 30 substance; 31 (ii) use a manual or mechanical procedure for testing

01 for pregnancy or correcting sterility or infertility; or 02 (iii) render advice or recommendation with regard to 03 any matter listed in (i) or (ii) of this subparagraph; 04 (B) [MEANS] to represent, directly or indirectly, publicly or 05 privately, an ability or willingness to do any act in (A) of this paragraph [FOR 06 COMPENSATION]; 07 (C) [MEANS] to use a description, title, abbreviation, or letters 08 in a manner or under circumstances tending to induce the belief that the person 09 using it or them is qualified or licensed to do any act in (A) of this paragraph 10 [WHETHER OR NOT FOR COMPENSATION]; 11 [(D) DOES NOT INCLUDE, WHETHER OR NOT FOR 12 COMPENSATION, 13 (i) PRACTICES RELATED TO ARTIFICIAL 14 INSEMINATION AND THE USE OF A TITLE, ABBREVIATION, 15 OR LETTERS IN A MANNER WHICH INDUCES THE BELIEF 16 THAT THE PERSON USING THEM IS QUALIFIED TO PERFORM 17 ARTIFICIAL INSEMINATION; 18 (ii) THE PRACTICES OF A FARRIER DONE IN 19 THE PERFORMANCE OF THE FARRIER'S PROFESSION; 20 (iii) STANDARD PRACTICES COMMONLY 21 PERFORMED ON FARM OR DOMESTIC ANIMALS IN THE 22 COURSE OF ROUTINE FARMING OR ANIMAL HUSBANDRY, 23 WHEN PERFORMED BY AN OWNER OR THE OWNER'S 24 EMPLOYEE UNLESS OWNERSHIP OF THE ANIMAL IS 25 TRANSFERRED FOR THE PURPOSE OF AVOIDING 26 APPLICATION OF THIS CHAPTER OR THE PRIMARY PURPOSE 27 OF HIRING THE EMPLOYEE IS TO AVOID APPLICATION OF 28 THIS CHAPTER;] 29 * Sec. 8. AS 08.98.250 is amended by adding new paragraphs to read: 30 (7) "consultation" means advice or assistance provided in person, 31 telephonically, electronically, or by any other method of communication from a

01 veterinarian or other person whose expertise, in the opinion of the veterinarian, would 02 benefit the animal; 03 (8) "direct supervision" means the supervising veterinarian is on the 04 premises where the animal is being treated and is quickly and easily available; 05 (9) "immediate supervision" means the supervising veterinarian is in 06 the immediate area and within audible and visual range of the animal patient and the 07 person treating the patient; 08 (10) "indirect supervision" means the supervising veterinarian does not 09 need to be on the premises but has given either written or oral instructions for the 10 treatment of the animal; 11 (11) "veterinary practice" means a business that provides veterinary 12 services.