HF 3139

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to veterinary medicine; recognizing Program for the Assessment of
Veterinary Education Equivalence certification; limiting use of certain drugs;
changing certain requirements; regulating prescription of drugs; amending
Minnesota Statutes 2006, sections 156.001, by adding a subdivision; 156.02,
subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions
2, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions
1, 2; 156.19.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 156.001, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Program for the Assessment of Veterinary Education Equivalence;
PAVE certificate. new text end

new text begin A "Program for the Assessment of Veterinary Education Equivalence"
or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
indicating that the holder has demonstrated knowledge and skill equivalent to that
possessed by a graduate of an accredited or approved college of veterinary medicine.
new text end

Sec. 2.

Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:

Subdivision 1.

License application.

Application for a license to practice veterinary
medicine in this state shall be made in writing to the Board of Veterinary Medicine upon
a form furnished by the board, accompanied by satisfactory evidence that the applicant
is at least 18 years of age, is of good moral character new text begin , is a United States citizen or legal
resident alien new text end , and has one of the following:

(1) a diploma conferring the degree of doctor of veterinary medicine, or an
equivalent degree, from an accredited or approved college of veterinary medicine;

(2) an ECFVG new text begin or PAVE new text end certificate; or

(3) a certificate from the dean of an accredited or approved college of veterinary
medicine stating that the applicant is a student in good standing expecting to be graduated
at the completion of the current academic year of the college in which the applicant is
enrolled.

The application shall contain the information and material required by subdivision
2 and any other information that the board may, in its sound judgment, require. The
application shall be filed with the board at least 60 days before the date of the examination.
If the board deems it advisable, it may require that such application be verified by the
oath of the applicant.

Sec. 3.

Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:

Subd. 2.

Required with application.

Every application shall contain the following
information and material:

(1) the application fee set by the board in the form of a check or money order payable
to the board, which fee is not returnable in the event permission to take the examination
is denied for good cause;

(2) a copy of a diploma from an accredited or approved college of veterinary
medicine or a certificate from the dean or secretary of an accredited or approved college of
veterinary medicine showing the time spent in the school and the date when the applicant
was duly and regularly graduated or will duly and regularly graduate or verification of
ECFVG new text begin or PAVE new text end certification;

(3) affidavits of at least two veterinarians and three adults who are not related to
the applicant setting forth how long a time, when, and under what circumstances they
have known the applicant, and any other facts as may be proper to enable the board to
determine the qualifications of the applicant; deleted text begin and
deleted text end

(4) if the applicant has served in the armed forces, deleted text begin a copy of discharge papers. deleted text end new text begin
proof thereof; and
new text end

new text begin (5) proof of United States citizenship or legal resident alien status, along with the
date of residency expiration, if applicable.
new text end

Sec. 4.

Minnesota Statutes 2006, section 156.04, is amended to read:

156.04 BOARD TO ISSUE LICENSE.

The Board of Veterinary Medicine shall issue to every applicant who has
successfully passed the required examination, who has received a diploma conferring
the degree of doctor of veterinary medicine or an equivalent degree from an accredited
or approved college of veterinary medicine or an ECFVG new text begin or PAVE new text end certificate, and who
shall have been adjudged to be duly qualified to practice veterinary medicine, a license to
practice. new text begin If the licensee is a legal resident alien, a license to practice granted under this
section shall expire on the same date that the licensee's legal resident status expires.
new text end

Sec. 5.

Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:

Subd. 2.

Required with application.

Such doctor of veterinary medicine shall
accompany the application by the following:

(1) a copy of a diploma from an accredited or approved college of veterinary
medicine or certification from the dean, registrar, or secretary of an accredited or approved
college of veterinary medicine attesting to the applicant's graduation from an accredited
or approved college of veterinary medicine, or a certificate of satisfactory completion of
the ECFVG new text begin or PAVE new text end program.

(2) affidavits of two licensed practicing doctors of veterinary medicine residing in
the United States or Canadian licensing jurisdiction in which the applicant is currently
practicing, attesting that they are well acquainted with the applicant, that the applicant is a
person of good moral character, and has been actively engaged in practicing or teaching in
such jurisdiction for the period above prescribed;

(3) a certificate from the regulatory agency having jurisdiction over the conduct of
practice of veterinary medicine that such applicant is in good standing and is not the
subject of disciplinary action or pending disciplinary action;

(4) a certificate from all other jurisdictions in which the applicant holds a currently
active license or held a license within the past ten years, stating that the applicant is and
was in good standing and has not been subject to disciplinary action;

(5) in lieu of clauses (3) and (4), certification from the Veterinary Information
Verification Agency that the applicant's licensure is in good standing;

(6) a fee as set by the board in form of check or money order payable to the board,
no part of which shall be refunded should the application be denied;

(7) score reports on previously taken national examinations in veterinary medicine,
certified by the Veterinary Information Verification Agency; and

(8) if requesting waiver of examination, provide evidence of meeting licensure
requirements in the state of the applicant's original licensure that were substantially equal
to the requirements for licensure in Minnesota in existence at that time.

Sec. 6.

Minnesota Statutes 2006, section 156.073, is amended to read:

156.073 TEMPORARY PERMIT.

The board may issue without examination a temporary permit to practice veterinary
medicine in this state to a person who has submitted an application approved by the
board for license pending examination, and holds a doctor of veterinary medicine degree
or an equivalent degree from an approved or accredited college of veterinary medicine
or an ECFVG new text begin or PAVE new text end certification. The temporary permit shall expire the day after
publication of the notice of results of the first examination given after the permit is
issued. No temporary permit may be issued to any applicant who has previously failed
the national examination and is currently not licensed in any licensing jurisdiction of the
United States or Canada or to any person whose license has been revoked or suspended
or who is currently subject to a disciplinary order in any licensing jurisdiction of the
United States or Canada.

Sec. 7.

Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:

Subd. 2.

Authorized activities.

No provision of this chapter shall be construed to
prohibit:

(a) a person from rendering necessary gratuitous assistance in the treatment of any
animal when the assistance does not amount to prescribing, testing for, or diagnosing,
operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
procured;

(b) a person who is a regular student in an accredited or approved college of
veterinary medicine from performing duties or actions assigned by instructors or
preceptors or working under the direct supervision of a licensed veterinarian;

(c) a veterinarian regularly licensed in another jurisdiction from consulting with a
licensed veterinarian in this state;

(d) the owner of an animal and the owner's regular employee from caring for and
administering to the animal belonging to the owner, except where the ownership of the
animal was transferred for purposes of circumventing this chapter;

(e) veterinarians who are in compliance with subdivision 6 and who are employed by
the University of Minnesota from performing their duties with the College of Veterinary
Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
Service, Medical School, School of Public Health, or other unit within the university; or
a person from lecturing or giving instructions or demonstrations at the university or in
connection with a continuing education course or seminar to veterinarians or pathologists
at the University of Minnesota Veterinary Diagnostic Laboratory;

(f) any person from selling or applying any pesticide, insecticide or herbicide;

(g) any person from engaging in bona fide scientific research or investigations which
reasonably requires experimentation involving animals;

(h) any employee of a licensed veterinarian from performing duties other than
diagnosis, prescription or surgical correction under the direction and supervision of the
veterinarian, who shall be responsible for the performance of the employee;

(i) a graduate of a foreign college of veterinary medicine from working under the
direct personal instruction, control, or supervision of a veterinarian faculty member of
the College of Veterinary Medicine, University of Minnesota in order to complete the
requirements necessary to obtain an ECFVG new text begin or PAVE new text end certificate.

Sec. 8.

Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:

Subd. 4.

Titles.

It is unlawful for a person who has not received a professional
degree from an accredited or approved college of veterinary medicine, or ECFVG new text begin or PAVE
new text end certification, to use any of the following titles or designations: Veterinary, veterinarian,
animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
indicate that the person is qualified to practice veterinary medicine.

Sec. 9.

Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:

Subd. 6.

Faculty licensure.

(a) Veterinary Medical Center clinicians at the College
of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
the Veterinary Medical Center must possess the same license required by other veterinary
practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).

(b) A specialty practitioner in a hard-to-fill faculty position who has been employed
at the College of Veterinary Medicine, University of Minnesota, for five years or
more prior to 2003 or is specialty board certified by the American Veterinary Medical
Association new text begin or the European Board of Veterinary Specialization new text end may be granted a specialty
faculty Veterinary Medical Center clinician license which will allow the licensee to
practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
training and only within the scope of employment at the Veterinary Medical Center.

(c) A specialty practitioner in a hard-to-fill faculty position at the College of
Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
clinician license. The temporary faculty Veterinary Medical Center clinician license
expires in two years and allows the licensee to practice veterinary medicine as defined
in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
The temporary faculty Veterinary Medical Center clinician license allows the licensee to
practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
training and only within the scope of employment at the Veterinary Medical Center new text begin while
under the direct supervision of a veterinarian currently licensed and actively practicing
veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
veterinarian must not have any current or past conditions, restrictions, or probationary
status imposed on the veterinarian's license by the board within the past five years new text end . The
holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
in a PhD program may apply for new text begin up to new text end two new text begin additional consecutive new text end two-year extensions
of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
holder of a temporary faculty Veterinary Medical Center clinician license may apply for
one two-year extension of the expiring temporary faculty Veterinary Medical Center
clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
allowed to expire may not be renewed. The board shall grant an extension to a licensee
who demonstrates suitable progress toward completing the requirements of their academic
program, specialty board certification, or full licensure in Minnesota by a graduate of a
foreign veterinary college.

(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
must abide by all the laws governing the practice of veterinary medicine in the state
of Minnesota and are subject to the same disciplinary action as any other veterinarian
licensed in the state of Minnesota.

(e) The fee for a license issued under this subdivision is the same as for a regular
license to practice veterinary medicine in Minnesota. License payment deadlines, late
payment fees, and other license requirements are also the same as for regular licenses.

Sec. 10.

Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:

Subd. 2.

Service.

Service of an order under this section is effective if the order is
served on the person or counsel of record personally or by deleted text begin certified deleted text end new text begin United States new text end mail to
the most recent address provided to the board for the person or counsel of record.

Sec. 11.

Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:

Subd. 3.

Dispensing.

"Dispensing" means distribution of veterinary prescription
drugs or over-the-counter drugs new text begin , human drugs for extra-label use, new text end for extra-label use by a
person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
Board of Veterinary Medicine.

Sec. 12.

Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:

Subd. 10.

Prescription.

"Prescription" means an order from a veterinarian to a
pharmacist or another veterinarian authorizing the dispensing of deleted text begin a deleted text end veterinary prescription
deleted text begin drug deleted text end new text begin drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label use new text end
to a client for use on or in a patient.

Sec. 13.

Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:

Subdivision 1.

Prescription.

(a) A person may not dispense a veterinary
prescription drug to a client without a prescription or other veterinary authorization. A
person may not make extra-label use of an animal or human drug for an animal without a
prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
may dispense deleted text begin a deleted text end veterinary prescription deleted text begin drug to deleted text end new text begin drugs, human drugs for extra-label use, or
an over-the-counter drug for extra-label use by new text end a client deleted text begin or oversee the extra-label use of
a veterinary drug directly by a client deleted text end without a separate written prescription, providing
there is new text begin documentation of the prescription in the medical record and there is new text end an existing
veterinarian-client-patient relationship. new text begin The prescribing veterinarian must monitor the use
of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
drugs for extra-label use by a client.
new text end

(b) A veterinarian may dispense prescription veterinary drugs and prescribe and
dispense extra-label use drugs to a client without personally examining the animal if
a bona fide veterinarian-client-patient relationship exists and in the judgment of the
veterinarian the client has sufficient knowledge to use the drugs properly.

(c) A veterinarian may issue a prescription or other veterinary authorization by oral or
written communication to the dispenser, or by computer connection. If the communication
is oral, the veterinarian must enter it into the patient's record. The dispenser must record
the veterinarian's prescription or other veterinary authorization within 72 hours.

(d) A prescription or other veterinary authorization must include:

(1) the name, address, and, if written, the signature of the prescriber;

(2) the name and address of the client;

(3) identification of the species for which the drug is prescribed or ordered;

(4) the name, strength, and quantity of the drug;

(5) the date of issue;

(6) directions for use; deleted text begin and
deleted text end

(7) withdrawal time deleted text begin . deleted text end new text begin ;
new text end

new text begin (8) expiration date of prescription; and
new text end

new text begin (9) number of authorized refills.
new text end

(e) A veterinarian may, in the course of professional practice and an existing
veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
by the United States Food and Drug Administration and other legally obtained ingredients
with appropriate vehicles.

(f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
prescription drugs to a person on the basis of a prescription issued by a licensed
veterinarian. The provisions of paragraphs (c) and (d) apply.

(g) This section does not limit the authority of the Minnesota Racing Commission to
regulate veterinarians providing services at a licensed racetrack.

Sec. 14.

Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:

Subd. 2.

Label of dispensed veterinary drugs.

(a) A veterinarian or the
veterinarian's authorized agent new text begin or employee new text end dispensing a veterinary prescription drug
deleted text begin or prescribing the extra-label use of an over-the-counter drug deleted text end new text begin , an over-the-counter drug
for extra-label use, or a human drug for extra-label use new text end must provide written information
which includes the name and address of the veterinarian, date of filling, species of patient,
name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
and cautionary statements, if any, appropriate for the drug.

(b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
dispenser, all of the information required in paragraph (a) must be provided on a label
affixed to the container.

(c) If the veterinary drug is in the manufacturer's original package, the information
required in paragraph (a) must be supplied in writing but need not be affixed to the
container. Information required in paragraph (a) that is provided by the manufacturer on
the original package does not need to be repeated in the separate written information.
Written information required by this paragraph may be written on the sales invoice.

Sec. 15.

Minnesota Statutes 2006, section 156.19, is amended to read:

156.19 EXTRA-LABEL USE.

A person, other than a veterinarian or deleted text begin a person working under the control deleted text end new text begin an
employee new text end of a veterinarian, must not make extra-label use of a veterinary drug in or
on a food-producing animal, unless permitted by the prescription of a veterinarian. A
veterinarian may prescribe the extra-label use of a deleted text begin veterinary deleted text end drug if:

(1) the veterinarian makes a careful medical diagnosis within the context of a valid
veterinarian-client-patient relationship;

(2) the veterinarian determines that there is no marketed drug specifically labeled to
treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
the judgment of the attending veterinarian, been found to be clinically ineffective;

(3) the veterinarian recommends procedures to ensure that the identity of the treated
animal will be carefully maintained; deleted text begin and
deleted text end

(4) the veterinarian prescribes a significantly extended time period for drug
withdrawal before marketing meat, milk, or eggs deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) the veterinarian has met the criteria established in Code of Federal Regulations,
title 21, part 530, which define the extra-label use of medication in or on animals.
new text end