SF 1092

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to veterinary medicine; changing veterinary 
  1.3             practice requirements; clarifying procedures; amending 
  1.4             Minnesota Statutes 1998, sections 156.001, 
  1.5             subdivisions 2, 3, and by adding a subdivision; 
  1.6             156.01, subdivision 3; 156.02, subdivisions 1 and 2; 
  1.7             156.03; 156.072; 156.10; 156.11; and 156.12, 
  1.8             subdivisions 2 and 4; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 156.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 156.001, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [ACCREDITED OR APPROVED COLLEGE OF VETERINARY 
  1.14  MEDICINE.] "Accredited or approved college of veterinary 
  1.15  medicine" means a veterinary college or division of a university 
  1.16  or college that offers the degree of doctor of veterinary 
  1.17  medicine or its equivalent and that conforms to the standards 
  1.18  required for accreditation or approval by the American 
  1.19  Veterinary Medical Association Council on Education. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 156.001, 
  1.21  subdivision 3, is amended to read: 
  1.22     Subd. 3.  [ANIMAL.] "Animal" does not include poultry or 
  1.23  birds of any kind. 
  1.24     Sec. 3.  Minnesota Statutes 1998, section 156.001, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 5a.  [FIRM.] "Firm" includes a corporation, limited 
  1.27  liability company, and limited liability partnership, wherever 
  2.1   incorporated, organized, or registered. 
  2.2      Sec. 4.  Minnesota Statutes 1998, section 156.01, 
  2.3   subdivision 3, is amended to read: 
  2.4      Subd. 3.  [OFFICERS.] The board shall elect from its number 
  2.5   a president and such other officers as are necessary, all from 
  2.6   within its membership.  One person may hold the offices of both 
  2.7   secretary and treasurer.  The board shall have a seal and the 
  2.8   power to subpoena witnesses, to administer oaths, and take 
  2.9   testimony.  It shall make, alter, or amend such rules as may be 
  2.10  that are necessary to carry this chapter into effect the 
  2.11  provisions of this chapter.  It shall hold examinations for 
  2.12  applicants for license to engage in veterinary practice at a 
  2.13  time and place of its own choosing.  Notice of such an 
  2.14  examination shall must be posted 90 days before the date set for 
  2.15  an the examination in all veterinary schools approved by the 
  2.16  board in the state, and shall must be published in the journal 
  2.17  of the American Veterinary Medical Association.  American 
  2.18  Association of Veterinary State Boards "Directory of Veterinary 
  2.19  Licensure Requirements."  The board may hold such other meetings 
  2.20  as it deems necessary; but no meeting shall exceed three days 
  2.21  duration. 
  2.22     Sec. 5.  Minnesota Statutes 1998, section 156.02, 
  2.23  subdivision 1, is amended to read: 
  2.24     Subdivision 1.  [LICENSE APPLICATION.] Application for a 
  2.25  license to practice veterinary medicine in this state shall be 
  2.26  made in writing to the board of veterinary medicine upon a form 
  2.27  furnished by the board, accompanied by satisfactory evidence 
  2.28  that the applicant is at least 18 years of age, is of good moral 
  2.29  character, and has one of the following: 
  2.30     (1) a diploma conferring the degree of doctor of veterinary 
  2.31  medicine, or an equivalent degree, from an accredited or 
  2.32  approved college of veterinary medicine; 
  2.33     (2) an ECFVG certificate; or 
  2.34     (3) a certificate from the dean of an accredited or 
  2.35  approved college of veterinary medicine stating that the 
  2.36  applicant is a student in good standing expecting to be 
  3.1   graduated at the completion of the current academic year of the 
  3.2   college in which the applicant is enrolled. 
  3.3      The application shall contain the information and material 
  3.4   required by subdivision 2 and any other information that the 
  3.5   board may, in its sound judgment, require.  The application 
  3.6   shall be filed with the board at least 45 60 days before the 
  3.7   date of the examination.  If the board deems it advisable, it 
  3.8   may require that such application be verified by the oath of the 
  3.9   applicant. 
  3.10     Sec. 6.  Minnesota Statutes 1998, section 156.02, 
  3.11  subdivision 2, is amended to read: 
  3.12     Subd. 2.  [REQUIRED WITH APPLICATION.] Every application 
  3.13  shall contain the following information and material: 
  3.14     (1) the application fee set by the board in the form of a 
  3.15  check or money order payable to the board, which fee is not 
  3.16  returnable in the event permission to take the examination is 
  3.17  denied for good cause; 
  3.18     (2) a copy of a diploma from an accredited or approved 
  3.19  college of veterinary medicine or a certificate from the dean or 
  3.20  secretary of an accredited or approved college of veterinary 
  3.21  medicine showing the time spent in the school and the date when 
  3.22  the applicant was duly and regularly graduated or will duly and 
  3.23  regularly graduate or verification of ECFVG certification; 
  3.24     (3) affidavits of at least two veterinarians and three 
  3.25  adults who are not related to the applicant setting forth how 
  3.26  long a time, when, and under what circumstances they have known 
  3.27  the applicant, and any other facts as may be proper to enable 
  3.28  the board to determine the qualifications of the applicant; and 
  3.29     (4) if the applicant has served in the armed forces, a copy 
  3.30  of discharge papers. 
  3.31     Sec. 7.  Minnesota Statutes 1998, section 156.03, is 
  3.32  amended to read: 
  3.33     156.03 [EXAMINATION; PAYMENT.] 
  3.34     Upon filing the application and any other papers, 
  3.35  affidavits, or proof that the board of veterinary medicine may 
  3.36  require, together with the payment to the board of a fee as set 
  4.1   by the board, the board, if satisfied, shall issue to the 
  4.2   applicant for license an order for examination.  Every applicant 
  4.3   for a license shall submit to a theoretical or practical 
  4.4   examination, or both, as designated by the board.  The 
  4.5   examination may be oral, or written, or both of the application 
  4.6   fee and appropriate examination fee as set by the board, the 
  4.7   board shall issue to the applicant a permit to take the national 
  4.8   examination in veterinary medicine and the Minnesota Veterinary 
  4.9   Jurisprudence Examination.  All applicants must be evaluated 
  4.10  using an examination prescribed by the board.  A passing score 
  4.11  for the national examination must be the criterion referenced 
  4.12  passing score as determined by the National Board Examination 
  4.13  Committee. 
  4.14     Sec. 8.  Minnesota Statutes 1998, section 156.072, is 
  4.15  amended to read: 
  4.16     156.072 [NONRESIDENTS; LICENSES.] 
  4.17     Subdivision 1.  [APPLICATION.] A doctor of veterinary 
  4.18  medicine duly admitted to practice in any of the other states or 
  4.19  territories or District of Columbia state, commonwealth, 
  4.20  territory, or district of the United States or province of 
  4.21  Canada desiring permission to practice veterinary medicine in 
  4.22  this state shall submit an application to the board upon forms 
  4.23  prescribed by the board.  Upon proof of licensure to practice in 
  4.24  any other state or territory or in the District of 
  4.25  Columbia United States or Canadian jurisdiction and having been 
  4.26  actively engaged in practicing veterinary medicine therein, for 
  4.27  at least three of the five years next preceding the application, 
  4.28  or having been engaged in full time teaching of veterinary 
  4.29  medicine in an approved or accredited college for at least three 
  4.30  of the five years next preceding the application, or any 
  4.31  combination thereof, the national examination in veterinary 
  4.32  medicine may be waived, upon the recommendation of the board, 
  4.33  and the applicant be admitted to practice without examination.  
  4.34  However, the board may impose any other tests as examinations it 
  4.35  considers proper. 
  4.36     Subd. 2.  [REQUIRED WITH APPLICATION.] Such doctor of 
  5.1   veterinary medicine shall accompany the application by the 
  5.2   following: 
  5.3      (1) a copy of a diploma from an accredited or approved 
  5.4   college of veterinary medicine or certification from the dean, 
  5.5   registrar, or secretary of an accredited or approved college of 
  5.6   veterinary medicine attesting to the applicants graduation from 
  5.7   an accredited or approved college of veterinary medicine, or a 
  5.8   certificate of satisfactory completion of the ECFVG program. 
  5.9      (2) affidavits of two licensed practicing doctors of 
  5.10  veterinary medicine of the state, territory or District of 
  5.11  Columbia so certifying residing in the United States or Canadian 
  5.12  licensing jurisdiction in which the applicant is currently 
  5.13  practicing, attesting that they are well acquainted with such 
  5.14  the applicant, that the applicant is a person of good moral 
  5.15  character, and has been actively engaged in practicing or 
  5.16  teaching as the case may be in such state, territory, or 
  5.17  District of Columbia jurisdiction for the period above 
  5.18  prescribed; 
  5.19     (2) (3) certificate from the regulatory agency having 
  5.20  jurisdiction over the conduct of practice of veterinary medicine 
  5.21  that such applicant is in good standing and is not the subject 
  5.22  of disciplinary action or pending disciplinary action; 
  5.23     (3) (4) a certificate from all other jurisdictions in which 
  5.24  the applicant holds a currently active license or held a license 
  5.25  within the past ten years, stating that the applicant is and was 
  5.26  in good standing and has not been subject to disciplinary 
  5.27  action; and 
  5.28     (4) (5) in lieu of clauses (3) and (4), certification from 
  5.29  the Veterinary Information Verification Agency that the 
  5.30  applicant's licensure is in good standing; 
  5.31     (6) a fee as set by the board in form of check or money 
  5.32  order payable to the board, no part of which shall be refunded 
  5.33  should the application be denied; 
  5.34     (7) score reports on previously taken national examinations 
  5.35  in veterinary medicine, certified by the Veterinary Information 
  5.36  Verification Agency; and 
  6.1      (8) if requesting waiver of examination, provide evidence 
  6.2   of meeting licensure requirements in the state of the 
  6.3   applicant's original licensure that were substantially equal to 
  6.4   the requirements for licensure in Minnesota in existence at that 
  6.5   time. 
  6.6      Subd. 3.  [EXAMINATION.] A doctor of veterinary medicine 
  6.7   duly admitted to practice in any of the other states or 
  6.8   territories or in the District of Columbia state, commonwealth, 
  6.9   territory, or district of the United States or province of 
  6.10  Canada desiring admission to practice in this state but who has 
  6.11  not been actively engaged in the practice thereof for at least 
  6.12  three of the preceding five years must be examined for admission 
  6.13  in accordance with the requirements prescribed herein for those 
  6.14  not admitted to practice anywhere. 
  6.15     Subd. 4.  [TEMPORARY PERMIT.] The board may issue without 
  6.16  examination a temporary permit to practice veterinary medicine 
  6.17  in this state to a person who has submitted an application 
  6.18  approved by the board for license pending examination, and holds 
  6.19  a doctor of veterinary medicine degree or an equivalent degree 
  6.20  from an approved or accredited veterinary college of veterinary 
  6.21  medicine or an ECFVG certification.  The temporary permit shall 
  6.22  expire the day after publication of the notice of results of the 
  6.23  first examination given after the permit is issued.  No 
  6.24  temporary permit may be issued to any applicant who has 
  6.25  previously failed the national examination in this state or in 
  6.26  any other state, territory, or district of the United States or 
  6.27  a foreign country and is currently not licensed in any licensing 
  6.28  jurisdiction of the United States or Canada or to any person 
  6.29  whose license has been revoked or suspended or who is currently 
  6.30  subject to a disciplinary order in any licensing jurisdiction of 
  6.31  the United States or Canada. 
  6.32     Sec. 9.  [156.074] [TEMPORARY LICENSE.] 
  6.33     A graduate of a nonaccredited or approved college of 
  6.34  veterinary medicine, who has satisfactorily completed the fourth 
  6.35  year of clinical study at an approved or accredited college of 
  6.36  veterinary medicine and has successfully passed the national 
  7.1   examination in veterinary medicine and the Minnesota Veterinary 
  7.2   Jurisprudence Examination, and is enrolled in the ECFVG program, 
  7.3   may be granted a temporary license.  The holder of a temporary 
  7.4   license issued under these provisions must practice under the 
  7.5   supervision of a Minnesota licensed veterinarian.  The temporary 
  7.6   license is valid until the candidate obtains ECFVG certification 
  7.7   or for a maximum of two years from the date of issue. 
  7.8      Sec. 10.  Minnesota Statutes 1998, section 156.10, is 
  7.9   amended to read: 
  7.10     156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS 
  7.11  MISDEMEANOR.] 
  7.12     It shall be unlawful is a gross misdemeanor for any person 
  7.13  to practice veterinary medicine in the state without having 
  7.14  first secured a veterinary license or temporary permit, as 
  7.15  provided in this chapter, and any person violating the 
  7.16  provisions of this section shall be guilty of a gross 
  7.17  misdemeanor and punished therefor according to the laws of the 
  7.18  state. 
  7.19     Sec. 11.  Minnesota Statutes 1998, section 156.11, is 
  7.20  amended to read: 
  7.21     156.11 [CORPORATIONS FIRMS NOT TO PRACTICE.] 
  7.22     (a) It shall be is unlawful in the state of Minnesota for 
  7.23  any corporation firm, other than one organized pursuant to 
  7.24  chapter 319A or 319B, to practice veterinary medicine, or to 
  7.25  hold itself out or advertise itself in any way as being entitled 
  7.26  to practice veterinary medicine, or to receive the fees, or 
  7.27  portions of fees, or gifts or other emoluments or 
  7.28  benefits compensation derived from the practice of veterinary 
  7.29  medicine, or the performance of veterinary services by any 
  7.30  person, whether such that person be is licensed to practice 
  7.31  veterinary medicine or not.  Any corporation firm violating the 
  7.32  provisions of this section shall be is guilty of a gross 
  7.33  misdemeanor and must be fined not more than $3,000 for each 
  7.34  offense, and.  Each day that this chapter section is violated 
  7.35  shall be considered is a separate offense. 
  7.36     (b) Notwithstanding section 319B.08, a veterinary medical 
  8.1   practice firm has 12 months after the death of an owner before 
  8.2   all of the owner's ownership interest must be acquired by the 
  8.3   practice, by persons permitted to own the ownership interest, or 
  8.4   by some combination. 
  8.5      Sec. 12.  Minnesota Statutes 1998, section 156.12, 
  8.6   subdivision 2, is amended to read: 
  8.7      Subd. 2.  [AUTHORIZED ACTIVITIES.] No provision of this 
  8.8   chapter shall be construed to prohibit: 
  8.9      (a) a person from rendering necessary gratuitous assistance 
  8.10  in the treatment of any animal when the assistance does not 
  8.11  amount to prescribing, testing for, or diagnosing, operating, or 
  8.12  vaccinating and when the attendance of a licensed veterinarian 
  8.13  cannot be procured; 
  8.14     (b) a person who is a regular student in an accredited or 
  8.15  approved college of veterinary medicine from performing duties 
  8.16  or actions assigned by instructors or preceptors or working 
  8.17  under the direct supervision of a licensed veterinarian; 
  8.18     (c) a veterinarian regularly licensed in another 
  8.19  jurisdiction from consulting with a licensed veterinarian in 
  8.20  this state; 
  8.21     (d) the owner of an animal and the owner's regular employee 
  8.22  from caring for and treating administering to the animal 
  8.23  belonging to the owner, except where the ownership of the animal 
  8.24  was transferred for purposes of circumventing this chapter; 
  8.25     (e) veterinarians employed by the University of Minnesota 
  8.26  from performing their duties with the college of veterinary 
  8.27  medicine, college of agriculture, agricultural experiment 
  8.28  station, agricultural extension service, medical school, school 
  8.29  of public health, or other unit within the university; or a 
  8.30  person from lecturing or giving instructions or demonstrations 
  8.31  at the university or in connection with a continuing education 
  8.32  course or seminar to veterinarians; 
  8.33     (f) any person from selling or applying any pesticide, 
  8.34  insecticide or herbicide; 
  8.35     (g) any person from engaging in bona fide scientific 
  8.36  research or investigations which reasonably requires 
  9.1   experimentation involving animals; 
  9.2      (h) any employee of a licensed veterinarian from performing 
  9.3   duties other than diagnosis, prescription or surgical correction 
  9.4   under the direction and supervision of the veterinarian, who 
  9.5   shall be responsible for the performance of the employee; 
  9.6      (i) a graduate of a foreign college of veterinary medicine 
  9.7   from working under the direct personal instruction, control, or 
  9.8   supervision of a veterinarian faculty member of the College of 
  9.9   Veterinary Medicine, University of Minnesota in order to 
  9.10  complete the requirements necessary to obtain an ECFVG 
  9.11  certificate. 
  9.12     Sec. 13.  Minnesota Statutes 1998, section 156.12, 
  9.13  subdivision 4, is amended to read: 
  9.14     Subd. 4.  [TITLES.] It shall be is unlawful for a person 
  9.15  who has not received a professional degree from an accredited or 
  9.16  approved college of veterinary medicine, or ECFVG certification, 
  9.17  to use any of the following titles or designations:  Veterinary, 
  9.18  veterinarian, animal doctor, animal surgeon, animal 
  9.19  dentist, animal chiropractor, animal acupuncturist, or any other 
  9.20  title, designation, word, letter, abbreviation, sign, card, or 
  9.21  device tending to indicate that the person is qualified to 
  9.22  practice veterinary medicine. 
  9.23     Sec. 14.  [REVISOR INSTRUCTION.] 
  9.24     The revisor of statutes shall renumber Minnesota Statutes, 
  9.25  section 156.072, subdivision 4, as section 156.073.