HF 2059

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to veterinarians; changing the veterinary 
  1.3             practice act; amending Minnesota Statutes 1994, 
  1.4             sections 13.99, by adding a subdivision; 156.001, 
  1.5             subdivisions 3 and 6; 156.01, subdivisions 1, 2, 5, 
  1.6             and by adding a subdivision; 156.02; 156.04; 156.05; 
  1.7             156.06; 156.07; 156.071; 156.072; 156.081; 156.10; 
  1.8             156.12, subdivisions 2, 3, and 4; 156.16, subdivisions 
  1.9             3 and 14; 156.17; and 156.18, subdivisions 1 and 2; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 156; repealing Minnesota Statutes 1994, 
  1.12            section 156.12, subdivision 5. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 13.99, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 53b.  [VETERINARY RECORDS.] Veterinary records on 
  1.17  clients are classified under section 156.082. 
  1.18     Sec. 2.  Minnesota Statutes 1994, section 156.001, 
  1.19  subdivision 3, is amended to read: 
  1.20     Subd. 3.  [ANIMAL.] "Animal" does not mean include poultry 
  1.21  or birds of any kind. 
  1.22     Sec. 3.  Minnesota Statutes 1994, section 156.001, 
  1.23  subdivision 6, is amended to read: 
  1.24     Subd. 6.  [EDUCATIONAL COMMISSION FOR FOREIGN VETERINARY 
  1.25  GRADUATES CERTIFICATE; ECFVG CERTIFICATE.] "Educational 
  1.26  commission for foreign veterinary graduates certificate" or 
  1.27  "ECFVG certificate" means a certificate issued by the American 
  1.28  veterinary medical association education commission 
  1.29  for graduates of a foreign college of veterinary medicine 
  2.1   graduates, indicating that the holder has demonstrated knowledge 
  2.2   and skill equivalent to that possessed by a graduate of an 
  2.3   accredited or approved college of veterinary medicine. 
  2.4      Sec. 4.  Minnesota Statutes 1994, section 156.01, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  [CREATION; MEMBERSHIP.] There is hereby 
  2.7   created a state board of veterinary medicine which shall consist 
  2.8   of two public members as defined by section 214.02 and 
  2.9   five qualified licensed veterinarians appointed by the 
  2.10  governor.  Each appointee shall be a resident of the state of 
  2.11  Minnesota, and the veterinarian members of the board shall have 
  2.12  practiced veterinary medicine in this state for at least five 
  2.13  years prior to their appointment and shall be graduates of an 
  2.14  accredited veterinary college.  Membership terms, compensation 
  2.15  of members, removal of members, the filling of membership 
  2.16  vacancies, and fiscal year and reporting requirements shall be 
  2.17  as provided in sections 214.07 to 214.09.  The provision of 
  2.18  staff, administrative services and office space; the review and 
  2.19  processing of complaints; the setting of board fees; and other 
  2.20  provisions relating to board operations shall be as provided in 
  2.21  chapter 214. 
  2.22     Sec. 5.  Minnesota Statutes 1994, section 156.01, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [NOMINATION OF APPOINTEES.] Whenever the occasion 
  2.25  arises pursuant to this chapter for the appointment of a 
  2.26  veterinarian member of the board by the governor, the board of 
  2.27  trustees directors of the Minnesota state veterinary medical 
  2.28  society association may recommend to the governor, at least 30 
  2.29  days in advance of the date that the appointment is to be 
  2.30  made, not more than three veterinarians qualified to serve on 
  2.31  the board for each appointment so to be made. 
  2.32     Sec. 6.  Minnesota Statutes 1994, section 156.01, 
  2.33  subdivision 5, is amended to read: 
  2.34     Subd. 5.  [CORRESPONDENCE; RECORD; REGISTERS.] The 
  2.35  executive secretary director shall conduct all correspondence 
  2.36  necessary to carry out the provisions of this chapter.  The 
  3.1   board shall keep an official record of all meetings.  The board 
  3.2   shall keep an official register of all applicants for licenses 
  3.3   and a register of licensees.  Such registers shall be prima 
  3.4   facie evidence of the matters therein contained. 
  3.5      Sec. 7.  Minnesota Statutes 1994, section 156.01, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 6.  [IMMUNITY.] Members and employees of the board 
  3.8   and consultants or other persons engaged in the investigation of 
  3.9   violations and in the preparation, presentation, or management 
  3.10  of and testimony pertaining to charges of violations of section 
  3.11  156.081 or other board regulatory provisions on behalf of the 
  3.12  board are not civilly liable for any actions, transactions, or 
  3.13  publications in the performance of their duties in accordance 
  3.14  with those provisions. 
  3.15     Sec. 8.  Minnesota Statutes 1994, section 156.02, is 
  3.16  amended to read: 
  3.17     156.02 [APPLICANTS FOR LICENSE; QUALIFICATIONS.] 
  3.18     Subdivision 1.  [LICENSE APPLICATION.] Application for a 
  3.19  license to practice veterinary medicine in this state shall be 
  3.20  made in writing to the board of veterinary medicine upon a form 
  3.21  furnished by the board, accompanied by satisfactory evidence 
  3.22  that the applicant is at least 18 years of age, is of good moral 
  3.23  character, and has one of the following: 
  3.24     (1) a diploma conferring the degree of doctor of veterinary 
  3.25  medicine, or an equivalent degree, from an accredited or 
  3.26  approved college of veterinary medicine; 
  3.27     (2) an ECFVG certificate; or 
  3.28     (3) a certificate from the dean of an accredited or 
  3.29  approved college of veterinary medicine stating that the 
  3.30  applicant is a student in good standing expecting to be 
  3.31  graduated at the completion of the current academic year of the 
  3.32  college in which the applicant is enrolled. 
  3.33     The application shall contain the information and material 
  3.34  required by subdivision 2 and any other information that the 
  3.35  board may, in its sound judgment, require.  The application 
  3.36  shall be filed with the secretary of the board at least 45 days 
  4.1   before the date of the examination.  If the board deems it 
  4.2   advisable, it may require that such application be verified by 
  4.3   the oath of the applicant. 
  4.4      Subd. 2.  [REQUIRED WITH APPLICATION.] Every application 
  4.5   shall contain the following information and material:  (1) A the 
  4.6   fee as set by the board in the form of a check or money order 
  4.7   payable to the state treasurer board, which fee shall is not 
  4.8   be returnable in the event permission to take the examination is 
  4.9   denied upon for good cause; (2) a copy of a diploma from an 
  4.10  accredited or approved college of veterinary medicine or a 
  4.11  certificate from the dean or secretary of an accredited or 
  4.12  approved college of veterinary medicine showing the time spent 
  4.13  in the school, and the date when the applicant was duly and 
  4.14  regularly graduated or will duly and regularly graduate.  If the 
  4.15  applicant attended more than one college of veterinary medicine, 
  4.16  the applicant shall furnish transcripts from each as to work 
  4.17  done in each; (3) affidavits of at least two veterinarians and 
  4.18  three adults who are not related to the applicant setting forth 
  4.19  how long a time, when, and under what circumstances they have 
  4.20  known the applicant, and any other facts as may be proper to 
  4.21  enable the board to determine the qualifications of the 
  4.22  applicant; and (4) if the applicant has served in the armed 
  4.23  forces, the applicant shall furnish a copy of discharge papers. 
  4.24     Subd. 3.  [EXAMINATION OF CERTAIN INDIVIDUALS.] The board 
  4.25  may, on an individual basis, permit individuals not qualified 
  4.26  for a Minnesota license by reason of graduation from a 
  4.27  nonaccredited or approved college of veterinary medicine to take 
  4.28  the national examinations in veterinary medicine when necessary 
  4.29  as a prerequisite to obtaining the ECFVG certification. 
  4.30     Sec. 9.  Minnesota Statutes 1994, section 156.04, is 
  4.31  amended to read: 
  4.32     156.04 [BOARD TO ISSUE LICENSE.] 
  4.33     The board of veterinary medicine shall issue to every 
  4.34  applicant who has successfully passed the required examination, 
  4.35  who has received a diploma conferring the degree of doctor of 
  4.36  veterinary medicine or an equivalent degree from a an accredited 
  5.1   or approved college of veterinary school approved by the 
  5.2   board medicine or an ECFVG certificate, and who shall have been 
  5.3   adjudged to be duly qualified to practice veterinary medicine, a 
  5.4   license to practice. 
  5.5      Sec. 10.  Minnesota Statutes 1994, section 156.05, is 
  5.6   amended to read: 
  5.7      156.05 [LICENSE.] 
  5.8      The license shall be subscribed by the members president 
  5.9   and secretary of the board of veterinary medicine and have 
  5.10  affixed to it by the director the seal of the board. 
  5.11     Sec. 11.  Minnesota Statutes 1994, section 156.06, is 
  5.12  amended to read: 
  5.13     156.06 [LICENSE RECORDED.] 
  5.14     The license, before issued, shall be recorded in a book or 
  5.15  computer database to be kept in the office which the board of 
  5.16  veterinary medicine shall establish for the purpose of carrying 
  5.17  out the provisions of this chapter.  These records shall be open 
  5.18  to available for public inspection with proper restrictions as 
  5.19  to their preservation as provided in section 13.41. 
  5.20     Sec. 12.  Minnesota Statutes 1994, section 156.07, is 
  5.21  amended to read: 
  5.22     156.07 [LICENSE RENEWAL.] 
  5.23     Persons licensed under this chapter, shall conspicuously 
  5.24  display their license in their principal place of business. 
  5.25     Persons now qualified to practice veterinary medicine in 
  5.26  this state, or who shall hereafter be licensed by the board of 
  5.27  veterinary medicine to engage in the practice, shall 
  5.28  periodically renew their license in a manner prescribed by the 
  5.29  board.  The board shall establish license renewal fees shall be 
  5.30  set by the board and continuing education requirements.  The 
  5.31  board may establish, by rule, an inactive license category, at a 
  5.32  lower fee, for licensees not actively engaged in the practice of 
  5.33  veterinary medicine within the state of Minnesota.  The board 
  5.34  may assess a charge for delinquent payment of a renewal fee. 
  5.35     Any person who is licensed to practice veterinary medicine 
  5.36  in this state pursuant to this chapter, shall be entitled to 
  6.1   receive a license to continue to practice upon making 
  6.2   application to the board and complying with the terms of this 
  6.3   section and rules of the board. 
  6.4      Sec. 13.  Minnesota Statutes 1994, section 156.071, is 
  6.5   amended to read: 
  6.6      156.071 [REINSTATEMENT OF EXPIRED LICENSE.] 
  6.7      Except as otherwise provided in this chapter, an expired 
  6.8   license, which is suspended by the board pursuant to section 
  6.9   156.07, may be reinstated at any time within five years after 
  6.10  its suspension on filing an application for reinstatement on a 
  6.11  form prescribed by with the board and by payment of the renewal 
  6.12  fee in effect on the last preceding regular renewal date, plus 
  6.13  all back fees and the, late filing fee fees, and reinstatement 
  6.14  fees.  In addition, satisfactory evidence of meeting yearly 
  6.15  continuing education requirements must be furnished to the board.
  6.16     A person who fails to renew a license within five years 
  6.17  after its suspension may not renew it, and it shall not be 
  6.18  restored, reissued, or reinstated thereafter, but such person 
  6.19  may apply for and obtain a new license on complying with the 
  6.20  following conditions:  (1) the person is of good moral 
  6.21  character; (2) no fact, circumstance, or condition exists which, 
  6.22  if the license were issued, would justify its revocation or 
  6.23  suspension; (3) the person takes and passes the 
  6.24  examination examinations, if any, which would be required if the 
  6.25  person were then applying for a license for the first time, or 
  6.26  otherwise establishes to the satisfaction of the board that, 
  6.27  with due regard for the public interest the person is qualified 
  6.28  to practice veterinary medicine; and (4) the person pays all of 
  6.29  the fees that would be required if the person were then applying 
  6.30  for the license for the first time.  
  6.31     Sec. 14.  Minnesota Statutes 1994, section 156.072, is 
  6.32  amended to read: 
  6.33     156.072 [NONRESIDENTS; LICENSES.] 
  6.34     Subdivision 1.  [APPLICATION.] A doctor of veterinary 
  6.35  medicine duly admitted to practice in any of the other states or 
  6.36  territories or District of Columbia desiring permission to 
  7.1   practice veterinary medicine in this state shall submit an 
  7.2   application to the board upon forms prescribed by the board.  
  7.3   Upon proof of licensure to practice in any other state or 
  7.4   territory or in the District of Columbia and has having been 
  7.5   actively engaged in practicing veterinary medicine therein, for 
  7.6   at least three of the five years next preceding the application, 
  7.7   or has having been engaged in full time teaching of veterinary 
  7.8   medicine in an approved or accredited college for at least three 
  7.9   of the five years next preceding the application, or any 
  7.10  combination thereof, the examination may be waived, upon the 
  7.11  recommendation of the board, and the applicant be admitted to 
  7.12  practice without examination.  However, the board may impose any 
  7.13  other tests as it considers proper. 
  7.14     Subd. 2.  [REQUIRED WITH APPLICATION.] Such doctor of 
  7.15  veterinary medicine shall accompany the application by the 
  7.16  following: 
  7.17     (1) A certified copy of the license registration and 
  7.18  affidavits of two practicing doctors of veterinary medicine of 
  7.19  the state, territory or District of Columbia so certifying that 
  7.20  they are well acquainted with such applicant, that the applicant 
  7.21  is a person of good moral character, and has been actively 
  7.22  engaged in practicing or teaching as the case may be in such 
  7.23  state, territory, or District of Columbia for the period above 
  7.24  prescribed; 
  7.25     (2) a certificate from the proper body therein regulatory 
  7.26  agency having jurisdiction over the conduct of practice of 
  7.27  veterinary medicine that such applicant is in good standing 
  7.28  and is not under the subject of disciplinary action or pending 
  7.29  charges of misconduct; and disciplinary action; 
  7.30     (3) a certificate from all other jurisdictions in which the 
  7.31  applicant holds a currently active license or held a license 
  7.32  within the past ten years, stating that the applicant is and was 
  7.33  in good standing and has not been subject to disciplinary 
  7.34  action; and 
  7.35     (4) a fee as set by the board in form of check or money 
  7.36  order payable to the treasurer of the state of Minnesota board, 
  8.1   no part of which shall be refunded, should the application be 
  8.2   denied. 
  8.3      Subd. 3.  [EXAMINATION.] A doctor of veterinary medicine 
  8.4   duly admitted to practice in any of the other states or 
  8.5   territories or in the District of Columbia desiring admission to 
  8.6   practice in this state but who has not been actively engaged in 
  8.7   the practice thereof for the period prescribed herein at least 
  8.8   three of the preceding five years must be examined for admission 
  8.9   in accordance with the rules requirements prescribed herein for 
  8.10  those not admitted to practice anywhere and in addition, must 
  8.11  meet all of the requirements of this section except that the fee 
  8.12  may differ from the fee charged to those not admitted to 
  8.13  practice in other states. 
  8.14     Subd. 4.  The board may enter into reciprocity agreements 
  8.15  with other states that have comparable licensing requirements 
  8.16  and may issue a license without requiring an examination. 
  8.17     Subd. 5.  [TEMPORARY PERMIT.] The board may issue without 
  8.18  examination a temporary permit to practice veterinary medicine 
  8.19  in this state to a person who has submitted an application 
  8.20  approved by the board for license pending examination, and holds 
  8.21  a degree doctor of veterinary medicine degree or an equivalent 
  8.22  degree from a an approved or accredited veterinary 
  8.23  college approved by the board.  The temporary permit shall 
  8.24  expire the day after publication of the notice of results of the 
  8.25  first examination given after the permit is issued.  No 
  8.26  temporary permit may be issued to any applicant who has 
  8.27  previously failed the examination in this state or in any other 
  8.28  state, territory, or district of the United States or a foreign 
  8.29  country. 
  8.30     Sec. 15.  Minnesota Statutes 1994, section 156.081, is 
  8.31  amended to read: 
  8.32     156.081 [REVOCATION; SUSPENSION.] 
  8.33     Subdivision 1.  [AUTHORITY.] The board may revoke or 
  8.34  suspend for a certain time limit, suspend, or revoke the license 
  8.35  of any person to practice veterinary medicine or any branch 
  8.36  thereof in this state for any of the causes provided in this 
  9.1   section.  The executive secretary director, in all cases of 
  9.2   suspension or revocation of disciplined licenses, shall enter on 
  9.3   the register the fact of suspension or revocation the 
  9.4   disciplinary action, as the case may be.  The record of 
  9.5   such suspension or revocation so disciplinary action made by the 
  9.6   secretary executive director shall be prima facie evidence of 
  9.7   the fact thereof, and of the regularity of all the proceedings 
  9.8   of the board in the matter of the suspension or revocation 
  9.9   disciplinary action. 
  9.10     Subd. 2.  [CAUSES.] The board may revoke or, suspend, or 
  9.11  impose limitations upon a license for any of the following 
  9.12  causes: 
  9.13     (1) the employment of fraud, misrepresentation or deception 
  9.14  in obtaining such license.; 
  9.15     (2) Conviction of a crime involving moral turpitude or 
  9.16  conviction of a felony, in which case the record shall be 
  9.17  conclusive evidence of such conviction. being convicted of a 
  9.18  felony or gross misdemeanor, including a finding or verdict of 
  9.19  guilt, whether or not the adjudication of guilt is withheld or 
  9.20  not entered, an admission of guilt, or a no contest plea, as 
  9.21  evidenced by a certified copy of the conviction; 
  9.22     (3) Chronic inebriety or addiction to the use of habit 
  9.23  forming drugs. being unable to practice with reasonable skill 
  9.24  and safety by reason of illness, use of alcohol, drugs, 
  9.25  chemicals, or any other materials, or as a result of any mental 
  9.26  or physical condition; 
  9.27     (4) existence of a professional connection with or the 
  9.28  lending of one's name to any illegal practitioner of veterinary 
  9.29  medicine and the various branches thereof.; 
  9.30     (5) Violation or attempt to violate, directly or 
  9.31  indirectly, any of the provisions of this chapter. 
  9.32     (6) Revocation by another state or territory of a license 
  9.33  or certificate by virtue of which one is licensed to practice 
  9.34  veterinary medicine in that state or territory, notwithstanding 
  9.35  that such license or certificate did not support the application 
  9.36  for license to practice in this state. 
 10.1      (7) Conviction of or cash compromise of a charge or 
 10.2   violation of the Harrison Narcotic Act, regulating narcotics, in 
 10.3   which case the record of such conviction or compromise, as the 
 10.4   case may be, shall be conclusive evidence. 
 10.5      (8) Fraud or dishonesty in applying, treating, or reporting 
 10.6   on tuberculin or other biological tests.  
 10.7      (9) Employment of anyone but a veterinarian licensed in the 
 10.8   state of Minnesota to demonstrate the use of biologics in the 
 10.9   treatment of animals.  
 10.10     (10) False or misleading advertising having for its purpose 
 10.11  or intent deception or fraud.  
 10.12     (11) Habitual conduct reflecting unfavorably on the 
 10.13  profession of veterinary medicine or conduct in violation of law 
 10.14  or rules of the board.  
 10.15     (5) having been the subject of revocation, suspension, or 
 10.16  surrender of a veterinary license in resolution of a complaint 
 10.17  or other adverse action related to licensure in another 
 10.18  jurisdiction or country; 
 10.19     (6) violating a state or federal narcotics or controlled 
 10.20  substance law irrespective of any proceedings under section 
 10.21  152.18 or federal law; 
 10.22     (7) fraudulently conducting or reporting results of 
 10.23  physical examinations or biological tests used to detect and 
 10.24  prevent the dissemination of animal diseases, transportation of 
 10.25  diseased animals, or distribution of contaminated, infected, or 
 10.26  inedible animal products, or failing to report, as required by 
 10.27  law, any contagious or infectious disease; 
 10.28     (8) engaging in false, fraudulent, deceptive, or misleading 
 10.29  advertising; 
 10.30     (12) (9) conviction on a charge of cruelty to animals.; 
 10.31     (13) (10) failure, after written notification by the board, 
 10.32  to keep one's premises and all equipment therein in a clean and 
 10.33  sanitary condition, according to reasonable standards adopted by 
 10.34  the board.; 
 10.35     (14) (11) fraud, deception, or incompetence in the practice 
 10.36  of veterinary medicine., including any departure from or failure 
 11.1   to conform to the minimum standards of acceptable and prevailing 
 11.2   practice without actual injury having to be established; 
 11.3      (15) (12) engaging in unprofessional conduct as defined in 
 11.4   rules adopted by the board. 
 11.5      A plea or verdict of guilty to a charge of a felony or of 
 11.6   any offense involving moral turpitude is deemed to be a 
 11.7   conviction within the meaning of this section.  The board may 
 11.8   order the license suspended or revoked, or may decline to issue 
 11.9   a license, when the time for appeal has elapsed, or the judgment 
 11.10  of conviction has been affirmed on appeal. 
 11.11     Subd. 3.  The adjudication of insanity or mental illness, 
 11.12  of any licensee shall operate as a suspension of the right to 
 11.13  practice under this chapter.  Such suspension shall continue 
 11.14  until such licensee is restored to capacity by proper 
 11.15  authorities, except that any such licensee may practice 
 11.16  veterinary medicine while on a provisional discharge. or 
 11.17  engaging in conduct which violates any statute or rule 
 11.18  promulgated by the board or any board order; 
 11.19     (13) being adjudicated by a court of competent 
 11.20  jurisdiction, within or without this state, as incapacitated, 
 11.21  mentally incompetent or mentally ill, chemically dependent, 
 11.22  mentally ill and dangerous to the public, or a psychopathic 
 11.23  personality; 
 11.24     (14) revealing a privileged communication from or relating 
 11.25  to a client except when otherwise required or permitted by law; 
 11.26     (15) obtaining money, property, or services from a client 
 11.27  through the use of undue influence, harassment, duress, 
 11.28  deception, or fraud or through the improper use of the regulated 
 11.29  individual's position as a professional; 
 11.30     (16) practicing outside the scope of practice authorized by 
 11.31  the board's practice act; or 
 11.32     (17) making a false statement or misrepresentation to the 
 11.33  board. 
 11.34     Sec. 16.  [156.082] [VETERINARY MEDICAL RECORDS.] 
 11.35     Veterinary records of a client that are maintained by a 
 11.36  state agency, statewide system, or political subdivision are 
 12.1   private data on individuals or nonpublic data as defined in 
 12.2   section 13.02. 
 12.3      Sec. 17.  Minnesota Statutes 1994, section 156.10, is 
 12.4   amended to read: 
 12.5      156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT.] 
 12.6      It shall be unlawful for any person to practice veterinary 
 12.7   medicine, or any branch thereof, in the state without having 
 12.8   first secured a license or temporary permit, as provided in this 
 12.9   chapter, and any person violating the provisions of this section 
 12.10  shall be guilty of a gross misdemeanor and punished therefor 
 12.11  according to the laws of the state. 
 12.12     Sec. 18.  Minnesota Statutes 1994, section 156.12, 
 12.13  subdivision 2, is amended to read: 
 12.14     Subd. 2.  [AUTHORIZED ACTIVITIES.] No provision of this 
 12.15  chapter shall be construed to prohibit: 
 12.16     (a) a person from rendering necessary gratuitous assistance 
 12.17  in the treatment of any animal when the assistance does not 
 12.18  amount to prescribing, testing for, or diagnosing, operating, or 
 12.19  vaccinating and when the attendance of a licensed veterinarian 
 12.20  cannot be procured; 
 12.21     (b) a person who is a regular student in an accredited or 
 12.22  approved college of veterinary medicine from performing duties 
 12.23  or actions assigned by instructors or preceptors or working 
 12.24  under the direct supervision of a licensed veterinarian; 
 12.25     (c) a veterinarian regularly licensed in another 
 12.26  jurisdiction from consulting with a licensed veterinarian in 
 12.27  this state; 
 12.28     (d) the owner of an animal and the owner's regular employee 
 12.29  from caring for and treating the animal belonging to the owner, 
 12.30  except where the ownership of the animal was transferred for 
 12.31  purposes of circumventing this chapter; 
 12.32     (e) veterinarians employed by the University of Minnesota 
 12.33  from performing their duties with the college of veterinary 
 12.34  medicine, college of agriculture, agricultural experiment 
 12.35  station, agricultural extension service, medical school, school 
 12.36  of public health, or other unit within the university; or a 
 13.1   person from lecturing or giving instructions or demonstrations 
 13.2   at the university or in connection with a continuing education 
 13.3   course or seminar to veterinarians; 
 13.4      (f) any person from selling or applying any pesticide, 
 13.5   insecticide or herbicide; 
 13.6      (g) any person from engaging in bona fide scientific 
 13.7   research or investigations which reasonably requires 
 13.8   experimentation involving animals; 
 13.9      (h) any employee of a licensed veterinarian from performing 
 13.10  duties other than diagnosis, prescription or surgical correction 
 13.11  under the direction and supervision of the veterinarian, who 
 13.12  shall be responsible for the performance of the employee; 
 13.13     (i) a graduate of a foreign college of veterinary medicine 
 13.14  from working under the direct personal instruction, control, or 
 13.15  supervision of a licensed veterinarian faculty member of the 
 13.16  College of Veterinary Medicine, University of Minnesota in order 
 13.17  to complete the requirements necessary to obtain an ECFVG 
 13.18  certificate. 
 13.19     Sec. 19.  Minnesota Statutes 1994, section 156.12, 
 13.20  subdivision 3, is amended to read: 
 13.21     Subd. 3.  Any person who both sells and applies or offers 
 13.22  to apply, any prescription drug, medicine, biologic preparation, 
 13.23  including sera, vaccines, bacterins, tuberculin, mallein, 
 13.24  johnin, or any other material agency agent for the treatment, 
 13.25  vaccination, or testing of any animal belonging to another, 
 13.26  shall be engaged in the practice of veterinary medicine. 
 13.27     Sec. 20.  Minnesota Statutes 1994, section 156.12, 
 13.28  subdivision 4, is amended to read: 
 13.29     Subd. 4.  It shall be unlawful for a person who has not 
 13.30  received a professional degree from a an accredited or approved 
 13.31  college of veterinary medicine to use any of the following 
 13.32  titles or designations:  Veterinary, veterinarian, animal 
 13.33  doctor, animal surgeon, animal dentist, or any other title, 
 13.34  designation, word, letter, abbreviation, sign, card, or device 
 13.35  tending to indicate that the person is qualified to practice 
 13.36  veterinary medicine. 
 14.1      Sec. 21.  [156.121] [FACILITY INSPECTION.] 
 14.2      The executive director, or an authorized representative of 
 14.3   the board may, in response to a complaint, inspect a facility in 
 14.4   which veterinary medicine is practiced, at any time during which 
 14.5   the facility is open for business, to ensure compliance with the 
 14.6   requirements of this chapter and the regulations of the board. 
 14.7      Sec. 22.  [156.122] [COURTS TO REPORT.] 
 14.8      The court administrator shall report to the board a 
 14.9   judgment or finding by a court that a person regulated by the 
 14.10  board: 
 14.11     (1) is mentally ill, chemically dependent, mentally ill and 
 14.12  dangerous to the public, or is a sexual psychopathic personality 
 14.13  or sexually dangerous person under chapter 253B or other 
 14.14  applicable law; 
 14.15     (2) is guilty of a felony or gross misdemeanor; violation 
 14.16  of a law involving the use, possession, or sale of a controlled 
 14.17  substance; or operating a motor vehicle under the influence of 
 14.18  alcohol or a controlled substance; or 
 14.19     (3) is in need of a guardian of the person under sections 
 14.20  525.54 to 525.61. 
 14.21     Sec. 23.  [156.123] [COOPERATION REQUIRED.] 
 14.22     A regulated person who is the subject of an investigation, 
 14.23  or who is questioned in connection with an investigation, by or 
 14.24  on behalf of the board shall cooperate fully with the 
 14.25  investigation.  Requests must be consistent with the nature and 
 14.26  seriousness of the conduct being investigated.  Cooperation 
 14.27  includes responding fully and promptly to questions raised by or 
 14.28  on behalf of the board relating to the subject of the 
 14.29  investigation, providing copies of client and other records in 
 14.30  the regulated person's possession relating to the matter under 
 14.31  investigation as requested by the board, assisting the board in 
 14.32  its investigation which includes executing releases for records 
 14.33  as requested by the board, and appearing at disciplinary or 
 14.34  educational conferences scheduled by the board. 
 14.35     Sec. 24.  [156.124] [IMMUNITY.] 
 14.36     Any licensee of the board, person, agency, institution, 
 15.1   facility, business, or organization is immune from civil 
 15.2   liability for submitting a report in good faith to the board 
 15.3   under this section or for otherwise reporting to the board 
 15.4   violations or alleged violations of section 156.081 or any of 
 15.5   the board's regulatory provisions, or for cooperating with an 
 15.6   investigation of a report.  
 15.7      Sec. 25.  [156.125] [MENTAL EXAMINATION; ACCESS TO MEDICAL 
 15.8   DATA.] 
 15.9      Subdivision 1.  [ORDER FOR EXAMINATION; CONSENT.] If the 
 15.10  board has probable cause to believe that grounds exist under 
 15.11  section 156.081, subdivision 2, clause (3) or (13), against a 
 15.12  regulated person, the executive director may authorize the 
 15.13  issuance of an order directing the regulated person to submit to 
 15.14  a mental or physical examination or chemical dependency 
 15.15  evaluation.  For the purpose of this section, every regulated 
 15.16  person is considered to have consented to submit to a mental or 
 15.17  physical examination or chemical dependency evaluation when 
 15.18  ordered to do so and to have waived all objections to the 
 15.19  admissibility of the examiner's or evaluator's testimony or 
 15.20  reports on the grounds that the testimony or reports constitute 
 15.21  a privileged communication.  An order for examination under this 
 15.22  chapter is private data on an individual. 
 15.23     Subd. 2.  [FAILURE TO SUBMIT TO OR COMPLETE AN 
 15.24  EXAMINATION.] Failure to submit to or complete an examination or 
 15.25  evaluation, unless the failure was due to circumstances beyond 
 15.26  the control of the regulated person, constitutes an admission 
 15.27  that grounds exist under section 156.081, subdivision 2, clause 
 15.28  (3) or (13), against the regulated person, based on the factual 
 15.29  specifications in the examination or evaluation order, and may 
 15.30  result in an application being denied or, after a contested case 
 15.31  hearing as described in this subdivision, a disciplinary order.  
 15.32  The only issues to be determined at the hearing are whether the 
 15.33  executive director had probable cause to authorize the 
 15.34  examination or evaluation order and whether the failure to 
 15.35  submit was due to circumstances beyond the control of the 
 15.36  regulated person.  Neither the record of a proceeding under this 
 16.1   subdivision nor the orders entered by the board are admissible, 
 16.2   subject to subpoena, or to be used against the regulated person 
 16.3   in a proceeding in which the board is not a party. 
 16.4      Subd. 3.  [OBTAINING DATA AND HEALTH RECORDS.] In addition 
 16.5   to ordering a physical or mental examination and notwithstanding 
 16.6   section 13.42, 144.335, 144.651, or 595.02, or any other law 
 16.7   limiting access to medical or other health records, the board 
 16.8   may authorize obtaining data and health records relating to a 
 16.9   regulated person without the regulated person's consent if the 
 16.10  executive director has probable cause to believe that grounds 
 16.11  exist under section 156.081, subdivision 2, clause (3) or (13), 
 16.12  against the regulated person.  A regulated person, insurance 
 16.13  company, health care facility, provider as defined in section 
 16.14  144.335, subdivision 1, paragraph (b), or government agency 
 16.15  shall comply with any written request under this subdivision and 
 16.16  is not liable in any action for damages for releasing the data 
 16.17  requested if the data are released in accordance with a written 
 16.18  request made under this subdivision.  Information on individuals 
 16.19  obtained under this subdivision is investigative data under 
 16.20  section 13.41. 
 16.21     Sec. 26.  [156.126] [TEMPORARY SUSPENSION OF LICENSE.] 
 16.22     In addition to any other remedy provided by law, the board, 
 16.23  acting through its executive director and one or more designated 
 16.24  board members without a hearing, may temporarily suspend the 
 16.25  license of a regulated person if the executive director and one 
 16.26  or more designated board members finds that the regulated person 
 16.27  has violated a statute or rule that the board is empowered to 
 16.28  enforce and continued practice by the regulated person would 
 16.29  create an imminent risk of harm to others.  The suspension is in 
 16.30  effect upon service of a written temporary suspension order on 
 16.31  the regulated person specifying the statute or rule violated.  
 16.32  Service of the temporary suspension order is effective upon 
 16.33  personal service or service by first class mail upon the 
 16.34  regulated person or counsel at the regulated person's or 
 16.35  counsel's last known address.  The temporary order remains in 
 16.36  effect until the board issues an order after a limited hearing 
 17.1   described in this subdivision or upon agreement between the 
 17.2   board and the regulated person.  Within ten days of service of 
 17.3   the temporary suspension order, the board shall conduct a 
 17.4   limited hearing before its own members on the sole issue of 
 17.5   whether there is a reasonable basis for the temporary suspension 
 17.6   order to remain in effect.  Both parties shall be given an 
 17.7   opportunity to present evidence and oral argument at the 
 17.8   hearing.  Within five business days after the hearing, the board 
 17.9   shall issue an order and, if the temporary suspension is to 
 17.10  remain in effect, initiate a contested case hearing to be 
 17.11  commenced within 45 days after service of the order.  The 
 17.12  administrative law judge shall issue a report within 30 days 
 17.13  after closing the contested case hearing record.  The board 
 17.14  shall issue a final order within 30 days after receiving the 
 17.15  administrative law judge's report. 
 17.16     Sec. 27.  [156.127] [FORMS OF DISCIPLINARY ACTION.] 
 17.17     Subdivision 1.  [BOARD ACTION.] When grounds exist under 
 17.18  section 156.081, or other statute or rule which the board is 
 17.19  authorized to enforce, the board may take one or more of the 
 17.20  following disciplinary actions: 
 17.21     (1) deny an application for a license; 
 17.22     (2) revoke the regulated person's license; 
 17.23     (3) suspend the regulated person's license; 
 17.24     (4) impose limitations on the regulated person's license; 
 17.25     (5) impose conditions on the regulated person's license; 
 17.26     (6) censure or reprimand, publicly or privately, the 
 17.27  regulated person; 
 17.28     (7) impose an administrative penalty not exceeding $5,000 
 17.29  for each separate violation, the amount of the penalty to be 
 17.30  fixed so as to deprive the person of any economic advantage 
 17.31  gained by reason of the violation or to discourage repeated 
 17.32  violations; or 
 17.33     (8) take any other action justified by the facts of the 
 17.34  case. 
 17.35     Subd. 2.  [AGREEMENT.] When grounds exist under section 
 17.36  156.081, or other statute or rule which the board is authorized 
 18.1   to enforce, the executive director and complaint committee may 
 18.2   enter into an agreement with the regulated person for corrective 
 18.3   action which may include requiring the regulated person: 
 18.4      (1) to complete an educational course or activity; 
 18.5      (2) to submit to the executive director or designated board 
 18.6   member a written protocol or reports designed to prevent future 
 18.7   violations of the same kind; 
 18.8      (3) to meet with a board member or board designee to 
 18.9   discuss prevention of future violations of the same kind; 
 18.10     (4) to perform other action justified by the facts; or 
 18.11     (5) to cease performing specific acts or procedures 
 18.12  justified by the facts. 
 18.13     The listing of these measures in this subdivision does not 
 18.14  preclude a board from including the measures in an order for 
 18.15  disciplinary action. 
 18.16     Subd. 3.  [DISCIPLINARY ACTION AND REINSTATEMENT FEE.] Upon 
 18.17  reinstating a regulated person's license or granting an 
 18.18  applicant's license, the board may, at its discretion, impose 
 18.19  any disciplinary action listed in subdivision 1, as well as any 
 18.20  reinstatement fee. 
 18.21     Subd. 4.  [ANNUAL PUBLICATION OF DISCIPLINARY ACTIONS.] At 
 18.22  least annually, the board may publish and make available to the 
 18.23  public a description of all public disciplinary action taken by 
 18.24  the board.  The publication must include, for each disciplinary 
 18.25  action taken, the name and the business address of the regulated 
 18.26  person, and the form of disciplinary action taken by the board. 
 18.27     Sec. 28.  Minnesota Statutes 1994, section 156.16, 
 18.28  subdivision 3, is amended to read: 
 18.29     Subd. 3.  [DISPENSING.] "Dispensing" means distribution of 
 18.30  veterinary prescription drugs or over-the-counter drugs for 
 18.31  extra-label use by a person registered licensed as a pharmacist 
 18.32  by the board of pharmacy to dispense or a person licensed by the 
 18.33  board of veterinary medicine. 
 18.34     Sec. 29.  Minnesota Statutes 1994, section 156.16, 
 18.35  subdivision 14, is amended to read: 
 18.36     Subd. 14.  [VETERINARY PRESCRIPTION DRUG.] "Veterinary 
 19.1   prescription drug" means: 
 19.2      (1) a drug that is not safe for animal use except under the 
 19.3   supervision of a veterinarian, and that is required by federal 
 19.4   law to bear the following statement:  "Caution:  federal law 
 19.5   restricts this drug to use by or on the order of a licensed 
 19.6   veterinarian"; 
 19.7      (2) a drug that is required by state law to be dispensed 
 19.8   only on order or prescription of a licensed veterinarian; and 
 19.9      (3) the extra-label use of an over-the-counter animal drug 
 19.10  or human drugs; and 
 19.11     (4) a medicament compounded by mixing two or more legally 
 19.12  obtained over-the-counter or prescription drugs. 
 19.13     Sec. 30.  Minnesota Statutes 1994, section 156.17, is 
 19.14  amended to read: 
 19.15     156.17 [POSSESSION PROHIBITED.] 
 19.16     A person may not possess a veterinary prescription drug 
 19.17  unless the person is a licensed veterinarian or pharmacist, a 
 19.18  bona fide employee of a veterinarian acting in the course of 
 19.19  that employment, a client holding a veterinary prescription drug 
 19.20  by or on the order of a veterinarian, a manufacturer or 
 19.21  wholesaler of veterinary drugs, an animal health researcher, or 
 19.22  a person performing official state or federal regulatory duties. 
 19.23     Sec. 31.  Minnesota Statutes 1994, section 156.18, 
 19.24  subdivision 1, is amended to read: 
 19.25     Subdivision 1.  [PRESCRIPTION.] (a) A person may not 
 19.26  dispense a veterinary prescription drug to a client without a 
 19.27  prescription or other veterinary authorization.  A person may 
 19.28  not make extra-label use of a veterinary an animal or human drug 
 19.29  for an animal without a prescription from a veterinarian.  A 
 19.30  veterinarian or the veterinarian's authorized agent employee may 
 19.31  dispense a veterinary prescription drug to a client or oversee 
 19.32  the extra-label use of a veterinary drug directly by a client 
 19.33  without a separate written prescription, providing there is an 
 19.34  existing veterinarian-client-patient relationship.  
 19.35     (b) A veterinarian may sell dispense prescription 
 19.36  veterinary drugs and prescribe and dispense extra-label use 
 20.1   drugs to a client without personally examining the animal if a 
 20.2   bona fide veterinarian-client-patient relationship exists and in 
 20.3   the judgment of the veterinarian the client has sufficient 
 20.4   knowledge to use the drugs properly. 
 20.5      (c) A veterinarian may issue a prescription or other 
 20.6   veterinary authorization by oral or written communication to the 
 20.7   dispenser, or by computer connection.  If the communication is 
 20.8   oral, the veterinarian must enter it into the patient's record.  
 20.9   The dispenser must record the veterinarian's prescription or 
 20.10  other veterinary authorization within 72 hours. 
 20.11     (d) A prescription or other veterinary authorization must 
 20.12  include:  
 20.13     (1) the name, address, and, if written, the signature of 
 20.14  the prescriber; 
 20.15     (2) the name and address of the client; 
 20.16     (3) identification of the species for which the drug is 
 20.17  prescribed or ordered; 
 20.18     (4) the name, strength, and quantity of the drug; 
 20.19     (5) the date of issue; 
 20.20     (6) directions for use; and 
 20.21     (7) withdrawal time. 
 20.22     (e) A veterinarian may, in the course of professional 
 20.23  practice and an existing veterinarian-client-patient 
 20.24  relationship, prepare medicaments that combine drugs approved by 
 20.25  the United States Food and Drug Administration and other legally 
 20.26  obtained ingredients with appropriate vehicles. 
 20.27     (f) A veterinarian or a bona fide employee of a 
 20.28  veterinarian may dispense veterinary prescription drugs to a 
 20.29  person on the basis of a prescription issued by a licensed 
 20.30  veterinarian.  The provisions of paragraphs (c) and (d) apply. 
 20.31     (g) This section does not limit the authority of the 
 20.32  Minnesota racing commission to regulate veterinarians providing 
 20.33  services at a licensed racetrack. 
 20.34     Sec. 32.  Minnesota Statutes 1994, section 156.18, 
 20.35  subdivision 2, is amended to read: 
 20.36     Subd. 2.  [LABEL OF DISPENSED VETERINARY DRUGS.] (a) A 
 21.1   veterinarian or the veterinarian's authorized agent dispensing a 
 21.2   veterinary prescription drug or prescribing the extra-label use 
 21.3   of an over-the-counter drug must provide written information 
 21.4   which includes the name and address of the veterinarian, date of 
 21.5   filling, species of patient, name or names of drug, strength of 
 21.6   drug or drugs, directions for use, withdrawal time, and 
 21.7   cautionary statements, if any, appropriate for the drug. 
 21.8      (b) If the veterinary drug has been prepared, mixed, 
 21.9   formulated, or packaged by the dispenser, all of the information 
 21.10  required in paragraph (a) must be provided on a label affixed to 
 21.11  the container. 
 21.12     (c) If the veterinary drug is in the manufacturer's 
 21.13  original package, the information required in paragraph (a) must 
 21.14  be supplied in writing but need not be affixed to the 
 21.15  container.  Information required in paragraph (a) that is 
 21.16  provided by the manufacturer on the original package does not 
 21.17  need to be repeated in the separate written information.  
 21.18  Written information required by this paragraph may be written on 
 21.19  the sales invoice. 
 21.20     Sec. 33.  [REPEALER.] 
 21.21     Minnesota Statutes 1994, section 156.12, subdivision 5, is 
 21.22  repealed.