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SB 250: "An Act relating to the practice of veterinary medicine."

00 SENATE BILL NO. 250 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 emergency care without remuneration to an 26 injured or ill animal that reasonably appears to the person to be in immediate need of 27 emergency aid to avoid serious harm or death; 28 (3) a veterinarian who is licensed in another state or country, or a 29 person whose expertise a veterinarian licensed in this state believes would benefit an 30 animal, and who provides only consultation to a veterinarian licensed in this state; 31 (4) a holder of a student permit under AS 08.98.188;

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

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

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

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