HF 1620

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; requiring a license to
perform equine dentistry; amending Minnesota Statutes
2004, section 156.081, subdivisions 1, 2; proposing
coding for new law in Minnesota Statutes, chapter 156.

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

Section 1.

new text begin [156.021] SEPARATE LICENSE REQUIREMENT FOR
EQUINE DENTISTRY.
new text end

new text begin (a) A license is required for a person advising with
respect to or performing equine dentistry that uses handheld
files, rasps, or other devices to remove overgrowth from the
teeth of horses (floating), not including extraction of teeth or
other procedures that invade the soft tissue of the mouth.
Application for an equine dentistry license must be made in
writing to the board on a form furnished by the board,
accompanied by satisfactory evidence that the applicant is at
least 18 years old, and provides proof of current certification
from the International Association of Equine Dentistry.
new text end

new text begin (b) The board must waive the certification requirement if
the applicant has performed equine dentistry for at least three
of the five years immediately preceding the date of this
section's enactment, if the applicant submits affidavits of at
least two veterinarians and three adults who are not related to
the applicant setting forth how long, when, and under what
circumstances they have known the applicant, and any other facts
to enable the board to determine the qualifications of the
applicant.
new text end

new text begin (c) The board may require any other information and
materials it considers relevant from the applicant and may
require an appropriate license fee.
new text end

new text begin (d) The board shall submit any proposed rules or rule
changes to the house of representatives and senate committees
with jurisdiction over the Board of Veterinary Medicine before
final adoption.
new text end

Sec. 2.

Minnesota Statutes 2004, section 156.081,
subdivision 1, is amended to read:

Subdivision 1.

Authority.

The board may limit, suspend,
or revoke the license of any person to practice veterinary
medicine new text begin or equine dentistry new text end in this state for any of the causes
provided in this section. The executive director, in all cases
of disciplined licenses, shall enter on the register the fact of
the disciplinary action, as the case may be. The record of such
disciplinary action made by the executive director shall be
prima facie evidence of the fact thereof, and of the regularity
of all the proceedings of the board in the matter of the
disciplinary action.

Sec. 3.

Minnesota Statutes 2004, section 156.081,
subdivision 2, is amended to read:

Subd. 2.

Causes.

The board may revoke, suspend, or
impose limitations upon a license for any of the following
causes:

(1) the employment of fraud, misrepresentation or deception
in obtaining such license;

(2) being convicted of a felony or gross misdemeanor,
including a finding or verdict of guilt, whether or not the
adjudication of guilt is withheld or not entered, an admission
of guilt, or a no contest plea, as evidenced by a certified copy
of the conviction;

(3) being unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals,
or any other materials, or as a result of any mental or physical
condition;

(4) existence of a professional connection with or the
lending of one's name to any illegal practitioner of veterinary
medicine new text begin or equine dentistry new text end ;

(5) having been the subject of revocation, suspension, or
surrender of a veterinary new text begin or equine dentistry new text end license in
resolution of a complaint or other adverse action related to
licensure in another jurisdiction or country;

(6) violating a state or federal narcotics or controlled
substance law irrespective of any proceedings under section
152.18 or federal law;

(7) fraudulently conducting or reporting results of
physical examinations or biological tests used to detect and
prevent the dissemination of animal diseases, transportation of
diseased animals, or distribution of contaminated, infected, or
inedible animal products, or failing to report, as required by
law, any contagious or infectious disease;

(8) engaging in false, fraudulent, deceptive, or misleading
advertising;

(9) conviction on a charge of cruelty to animals;

(10) failure, after written notification by the board, to
keep one's premises and all equipment therein in a clean and
sanitary condition, according to reasonable standards adopted by
the board;

(11) fraud, deception, or incompetence in the practice of
veterinary medicine new text begin or equine dentistry new text end , including any departure
from or failure to conform to the minimum standards of
acceptable and prevailing practice without actual injury having
to be established;

(12) engaging in unprofessional conduct as defined in rules
adopted by the board or engaging in conduct which violates any
statute or rule promulgated by the board or any board order;

(13) being adjudicated by a court of competent
jurisdiction, within or without this state, as a person who is
incapacitated, mentally incompetent or mentally ill, chemically
dependent, mentally ill and dangerous to the public, or a
psychopathic personality;

(14) revealing a privileged communication from or relating
to a client except when otherwise required or permitted by law;

(15) obtaining money, property, or services from a client
through the use of undue influence, harassment, duress,
deception, or fraud or through the improper use of the regulated
individual's position as a professional;

(16) practicing outside the scope of practice authorized by
the board's practice act; or

(17) making a false statement or misrepresentation to the
board.