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HB 432: "An Act relating to the practice of veterinary medicine."

00HOUSE BILL NO. 432 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 08.98.120 is amended to read: 04  Sec. 08.98.120. LICENSE REQUIRED. A person may not practice veterinary 05 medicine, surgery, or dentistry unless the person is licensed as a veterinarian under 06 this chapter or has a temporary permit issued under AS 08.98.186, except that a 07 person [VETERINARY TECHNICIAN] may perform functions authorized by 08 regulation of the board if the person is licensed as a veterinary technician. 09 * Sec. 2. AS 08.98.120 is amended by adding new subsections to read: 10  (b) A person may not 11  (1) present or attempt to use a license or permit that was issued under 12 this chapter to another person, either directly or by impersonation; 13  (2) secure or attempt to secure a license or permit under this chapter 14 through deceit, fraud, or intentional misrepresentation;

01  (3) use or attempt to use an expired or revoked license or permit 02 knowing of the license's or permit's status; or 03  (4) falsely claim to be licensed or to hold a permit under this chapter. 04  (c) Violation of this section is a misdemeanor punishable by a fine of not more 05 than $10,000 or by imprisonment for not more than one year, or by both. 06 * Sec. 3. AS 08.98.140(a) is amended to read: 07  (a) The examination shall be in subjects related to the practice of veterinary 08 medicine, surgery, and dentistry and shall include 09  (1) the veterinary examination prepared by the National Board 10 Examination Committee [OF VETERINARY MEDICAL EXAMINERS] or other 11 national veterinary examination determined to be acceptable by the board; and 12  (2) a standardized written examination testing practical skills. 13 * Sec. 4. AS 08.98.165 is amended to read: 14  Sec. 08.98.165. QUALIFICATION FOR LICENSE. (a) An applicant is 15 qualified to receive a license as a veterinarian who 16  (1) is a graduate of an accredited veterinary school or who has passed 17 the examination of the National Board Examination Committee's [AMERICAN 18 VETERINARY ASSOCIATION'S] Education Commission for Foreign Veterinary 19 Graduates; 20  (2) has passed an examination for veterinarians prepared by the 21 National Board Examination Committee [OF VETERINARY MEDICAL 22 EXAMINERS] or an equivalent examination as determined by the board, or qualifies 23 for an exemption under (b) of this section; 24  (3) has passed the written examination of the state; 25  (4) has passed a practical examination of skills [,] if required by the 26 board; and 27  (5) has no disciplinary proceeding, unresolved complaint, or 28 professional association review proceeding pending at the time a license is to be 29 issued, and has not had a veterinarian license revoked for cause in another jurisdiction. 30  (b) An applicant is exempted from taking the examination required under 31 (a)(2) of this section if the applicant furnishes proof acceptable to the board that the

01 applicant has passed the examination prepared by the National Board of Veterinary 02 Medical Examiners, the veterinary examination prepared by the National Board 03 Examination Committee, or an equivalent examination within the five years before 04 application, or has been in active practice of veterinary medicine for five of the seven 05 years before application in another state, territory, or country with licensing 06 requirements substantially similar to or higher than those of this state which were in 07 effect at the time the applicant obtained a license in the other jurisdiction. 08 * Sec. 5. AS 08.98 is amended by adding a new section to read: 09  Sec. 08.98.167. QUALIFICATION FOR TECHNICIAN LICENSE. The board 10 shall adopt regulations under which a person may qualify to be licensed as a veterinary 11 technician. 12 * Sec. 6. AS 08.98.184 is amended to read: 13  Sec. 08.98.184. LICENSURE BY CREDENTIALS. The board shall approve 14 the issuance of a license to an applicant who holds a valid license to practice 15 veterinary medicine in another state, territory, or country with licensing requirements 16 substantially similar to or higher than those of this state which were in effect at the 17 time the applicant obtained a license in the other jurisdiction if the applicant 18  (1) has graduated from an accredited school of veterinary medicine or 19 has successfully passed the examination of the National Board Examination 20 Committee's [AMERICAN VETERINARY ASSOCIATION'S] Education 21 Commission for Foreign Veterinary Graduates; 22  (2) has been engaged in the active practice of veterinary medicine for 23 at least five of the seven years before filing the application; 24  (3) has not failed the state written or practical examination; 25  (4) has no disciplinary proceeding, unresolved complaints, or 26 professional association review proceedings pending at the time a license is to be 27 issued, and has not had a veterinarian license revoked for cause in another jurisdiction; 28 and 29  (5) has paid required fees. 30 * Sec. 7. AS 08.98.250(5) is amended to read: 31  (5) "practice of veterinary medicine"

01  (A) means for compensation to 02  (i) [TO] diagnose, treat, correct, change, relieve, or 03 prevent animal disease, deformity, defect, injury, or other physical or 04 mental condition, including the prescription or administration of a drug, 05 biologic apparatus, anesthetic, or other therapeutic or diagnostic 06 substance; 07  (ii) [TO] use a manual or mechanical procedure for 08 testing for pregnancy or correcting sterility or infertility; or 09  (iii) [TO] render advice or recommendation with regard 10 to any matter listed in (i) or (ii) of this subparagraph; 11  (B) means to represent, directly or indirectly, publicly or 12 privately, an ability or willingness to do any act in (A) of this paragraph for 13 compensation; 14  (C) means to use a description, title, abbreviation, or letters in 15 a manner or under circumstances tending to [WHICH] induce the belief that 16 the person using it or them is qualified or licensed to do any act in (A) of this 17 paragraph whether or not for compensation; 18  (D) does not include, whether or not for compensation, 19  (i) practices related to artificial insemination and the use 20 of a title, abbreviation, or letters in a manner which induces the belief 21 that the person using them is qualified to perform artificial 22 insemination; 23  (ii) the practices of a farrier done in the performance of 24 the farrier's profession; 25  (iii) standard practices commonly performed on farm or 26 domestic animals in the course of routine farming or animal husbandry, 27 when performed by an owner or the owner's employee unless 28 ownership of the animal is transferred for the purpose of avoiding 29 application of this chapter or the primary purpose of hiring the 30 employee is to avoid application of this chapter;