CSSSHB 251(L&C): "An Act relating to the Board of Veterinary Examiners; relating to the practice of veterinary medicine; and creating a task force to report on the availability of and need for veterinary services in rural Alaska."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 251(L&C) 01 "An Act relating to the Board of Veterinary Examiners; relating to the practice of 02 veterinary medicine; and creating a task force to report on the availability of and need 03 for veterinary services in rural Alaska." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.98 is amended by adding a new section to read: 06 Sec. 08.98.122. Persons practicing without compensation. (a) 07 Notwithstanding AS 08.98.250(5)(C), a person who is not licensed under 08 AS 08.98.120 may practice veterinary medicine in this state and use a description, 09 title, abbreviation, or letters in a manner or under circumstances that induce the belief 10 that the person is qualified or licensed to practice veterinary medicine if 11 (1) the person is licensed to practice veterinary medicine in another 12 state, practicing within the scope of that license, and the license is in good standing; 13 and 14 (2) the person's practice in this state is uncompensated practice.
01 (b) The department shall verify that the license of a person seeking to practice 02 under (a) of this section is in good standing by requiring the person seeking to practice 03 under (a) of this section to provide, on a form prescribed by the department, the 04 person's name, physical address, contact telephone numbers, and electronic mail 05 address, and a list of all states in which the person holds a license to practice 06 veterinary medicine. The person shall provide with the form a copy of the person's 07 license to practice veterinary medicine. The department shall make the form 08 prescribed under this subsection available electronically. 09 (c) In this section, "uncompensated practice" means practice for which no 10 wages or other remuneration is given as payment for services. In this subsection, 11 "remuneration" does not include reimbursement for actual expenses incurred or other 12 nonmonetary consideration. 13 * Sec. 2. AS 08.98.235 is amended to read: 14 Sec. 08.98.235. Grounds for imposition of disciplinary sanctions. After a 15 hearing, the board may impose a disciplinary sanction on a person licensed under this 16 chapter when the board finds that the person 17 (1) secured a license through deceit, fraud, or intentional 18 misrepresentation; 19 (2) engaged in deceit, fraud, or intentional misrepresentation in the 20 course of providing professional services or engaging in professional activities; 21 (3) advertised professional services in a false or misleading manner; 22 (4) has been convicted of a felony or other crime that [WHICH] 23 affects the person's ability to continue to practice competently and safely; 24 (5) intentionally or negligently engaged in animal care or permitted 25 the performance of animal care by the person's supervisees that [WHICH] does not 26 conform to minimum professional standards regardless of whether actual injury to the 27 animal occurred; 28 (6) failed to comply with this chapter, with a regulation adopted under 29 this chapter, or with an order of the board; 30 (7) continued to practice after becoming unfit due to 31 (A) professional incompetence; the board may not base a
01 finding of professional incompetence solely on the unconventional nature 02 of the licensee's practice in the absence of demonstrable physical harm to 03 an animal patient; 04 (B) addiction or severe dependency on alcohol or other drugs 05 that [WHICH] impairs the person's ability to practice safely; 06 (C) physical or mental disability; 07 (8) engaged in lewd or immoral conduct in connection with the 08 delivery of professional service. 09 * Sec. 3. AS 08.98 is amended by adding a new section to article 3 to read: 10 Sec. 08.98.245. Complaints, investigations, and hearings. (a) A complaint 11 against a person licensed under this chapter 12 (1) may be filed only 13 (A) by a person who owns or is responsible for the care of the 14 animal whose treatment is the subject of the complaint; 15 (B) against a licensee who treated the animal; 16 (2) must include documentation of the details described in (1) of this 17 subsection; 18 (3) must be made under oath; 19 (4) must be filed within two years after the date of the occurrence of 20 the act or omission that is the basis of the complaint. 21 (b) The department shall send notice to the licensee describing the complaint 22 or allegation. 23 (c) During the investigation of a complaint submitted in compliance with (a) 24 of this section, the department shall 25 (1) interview, under oath, the complainant, the licensee, and, if 26 applicable, the licensee's technician or assistant, and determine, among other issues, 27 whether the complainant followed aftercare procedures, if any, recommended by the 28 licensee; 29 (2) include in its investigative report all relevant information, including 30 exculpatory evidence, obtained under (1) of this subsection. 31 (d) A board member whose principal place of veterinary practice lies within
01 five miles of a licensee's principal place of veterinary practice may not participate in a 02 disciplinary hearing relating to that licensee. 03 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TASK FORCE ON THE AVAILABILITY OF AND NEED FOR VETERINARY 06 SERVICES IN RURAL ALASKA. (a) The Task Force on the Availability of and Need for 07 Veterinary Services in Rural Alaska is created in the legislative branch of state government. 08 (b) The task force consists of 11 members, as follows: 09 (1) two members of the house of representatives from rural districts, appointed 10 by the speaker of the house of representatives; 11 (2) two members of the senate from rural districts, appointed by the president 12 of the senate; 13 (3) the state epidemiologist or the state epidemiologist's designee; 14 (4) the state public health veterinarian or the state public health veterinarian's 15 designee; 16 (5) the state veterinarian, or the state veterinarian's designee; and 17 (6) four members appointed by the governor as follows: 18 (A) one public member; 19 (B) one representative of the Alaska Federation of Natives; 20 (C) two licensed veterinarians, one from a rural area and one from an 21 urban area; at least one of the licensed veterinarians may not serve on the Board of 22 Veterinary Examiners. 23 (c) The members appointed under (b)(6) of this section are entitled to transportation 24 and per diem expenses authorized for members of boards and commissions under 25 AS 39.20.180. 26 (d) The members of the task force shall select a chair from among the members. 27 (e) Not later than December 31, 2012, the task force shall 28 (1) examine the need for and status of veterinary services in rural Alaska, 29 including the availability of rabies vaccinations and other public health concerns the task 30 force considers necessary to review; 31 (2) make recommendations to the governor and the legislature on how to
01 improve veterinary services in rural Alaska.