HB 251: "An Act relating to the Board of Veterinary Examiners and the practice of veterinary medicine."
00 HOUSE BILL NO. 251 01 "An Act relating to the Board of Veterinary Examiners and the practice of veterinary 02 medicine." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.98 is amended by adding a new section to read: 05 Sec. 08.98.122. Persons licensed by other state or country. (a) 06 Notwithstanding AS 08.98.250(5)(C), a person who is not licensed under 07 AS 08.98.120 may practice veterinary medicine in this state and use a description, 08 title, abbreviation, or letters in a manner or under circumstances that induce the belief 09 that the person is qualified or licensed to practice veterinary medicine if the person is 10 (1) licensed to practice veterinary medicine in another state or country 11 and practicing within the scope of that license; and 12 (2) practicing in this state without compensation. 13 (b) A person practicing under this section is not immune from criminal or civil 14 suits based on gross negligence or reckless or intentional misconduct committed while
01 practicing under this section. 02 (c) In this section, "compensation" means wages and other remuneration as 03 payment for services, but does not include reimbursement for actual expenses 04 incurred, nonmonetary donations, or other nonmonetary consideration. 05 * Sec. 2. AS 08.98 is amended by adding a new section to read: 06 Sec. 08.98.205. Surrender and reinstatement of a license. (a) The board may 07 accept the voluntary surrender of a license, as long as the licensee surrendering the 08 license is not under investigation by the board or the department or the surrender is not 09 because of imposition of a sanction in this state or any other state. 10 (b) In addition to the authority to renew a surrendered license under 11 AS 08.01.075(e), the board may reinstate a surrendered license within two years after 12 the date the license was surrendered without determining whether the licensee is 13 competent to resume practice if the licensee 14 (1) is currently in good standing, as defined by the board in 15 regulations; 16 (2) has not surrendered the license because of the imposition of a 17 disciplinary sanction in this state or another jurisdiction; 18 (3) has not surrendered the license in lieu of the imposition of a 19 disciplinary sanction in this state or another jurisdiction; and 20 (4) pays the required renewal fee. 21 * Sec. 3. AS 08.98.235 is amended to read: 22 Sec. 08.98.235. Grounds for imposition of disciplinary sanctions. After a 23 hearing, the board may impose a disciplinary sanction on a person licensed under this 24 chapter when the board finds that the person 25 (1) secured a license through deceit, fraud, or intentional 26 misrepresentation; 27 (2) engaged in deceit, fraud, or intentional misrepresentation in the 28 course of providing professional services or engaging in professional activities; 29 (3) advertised professional services in a false or misleading manner; 30 (4) has been convicted of a felony or other crime that [WHICH] 31 affects the person's ability to continue to practice competently and safely;
01 (5) intentionally or negligently engaged in animal care or permitted 02 the performance of animal care by the person's supervisees that [WHICH] does not 03 conform to minimum professional standards regardless of whether actual injury to the 04 animal occurred; 05 (6) failed to comply with this chapter, with a regulation adopted under 06 this chapter, or with an order of the board; 07 (7) continued to practice after becoming unfit due to 08 (A) professional incompetence, gross negligence, or repeated 09 negligent conduct; the board may not base a finding of professional 10 incompetence, gross negligence, or negligent conduct solely on the 11 unconventional or experimental nature of the licensee's practice in the 12 absence of demonstrable physical harm to an animal patient; 13 (B) addiction or severe dependency on alcohol or other drugs 14 that [WHICH] impairs the person's ability to practice safely; 15 (C) physical or mental disability; 16 (8) engaged in lewd or immoral conduct in connection with the 17 delivery of professional service. 18 * Sec. 4. AS 08.98 is amended by adding a new section to article 3 to read: 19 Sec. 08.98.245. Complaints, investigations, and hearings. (a) A complaint 20 against a person licensed under this chapter 21 (1) may be filed only 22 (A) by a person who owns or is responsible for the care of the 23 animal whose treatment is the subject of the complaint; 24 (B) against a licensee who treated the animal; 25 (2) must include documentation of the details described in (1) of this 26 subsection; 27 (3) must be made under oath; 28 (4) must be filed within six months of the date of the occurrence of the 29 act or omission that is the basis of the complaint. 30 (b) The department shall send notice to the complainant describing the 31 complaint or allegation.
01 (c) During the investigation of a complaint submitted in compliance with (a) 02 of this section, the department shall 03 (1) interview, under oath, the complainant, the licensee, and, if 04 applicable, the licensee's technician or assistant, and determine, among other issues, 05 whether the complainant followed aftercare procedures, if any, recommended by the 06 licensee; 07 (2) include in its investigative report all relevant information obtained 08 under (1) of this subsection. 09 (d) A board member whose principal place of veterinary practice lies within 10 five miles of a licensee's principal place of veterinary practice may not participate in a 11 disciplinary hearing relating to that licensee.