Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 228-H.F.No. 533 
           An act relating to occupations and professions; 
          concerning the practice of veterinary medicine; 
          allowing foreign veterinary graduates to be admitted 
          to practice under certain conditions; amending 
          Minnesota Statutes 1984, sections 156.001; 156.02, 
          subdivision 1; 156.081, subdivision 2; and 156.12, 
          subdivision 2; repealing Minnesota Statutes 1984, 
          section 156.09. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 156.001, is 
amended to read: 
    156.001 [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] Except where the context otherwise 
indicates, for the purposes of this chapter, and acts amendatory 
thereof, the terms defined in this section have the meanings 
given them. 
    Subd. 2.  [ACCREDITED OR APPROVED COLLEGE OF VETERINARY 
MEDICINE.] "Accredited or approved college of veterinary 
medicine" means a veterinary college or division of a university 
or college that offers the degree of doctor of veterinary 
medicine or its equivalent and that conforms to the standards 
required for accreditation or approval by the American 
veterinary medical association. 
    Subd. 2 3.  [ANIMAL.] "Animal" does not mean poultry or 
birds of any kind. 
    Subd. 3 4.  [BOARD.] "Board" means the state board of 
veterinary medicine. 
    Subd. 4 5.  [COMPENSATION.] "Compensation" includes but is 
not limited to all fees, monetary rewards, discounts, and 
emoluments received directly or indirectly. 
    Subd. 6.  [ECFVG CERTIFICATE.] "ECFVG certificate" means a 
certificate issued by the American veterinary medical 
association education commission for graduates of a foreign 
college of veterinary medicine, 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. 
    Subd. 7.  [FOREIGN COLLEGE OF VETERINARY 
MEDICINE.] "Foreign college of veterinary medicine" means a 
college of veterinary medicine other than an accredited or 
approved college of veterinary medicine. 
    Subd. 5 8.  [LICENSEE.] "Licensee" means a person licensed 
to practice veterinary medicine in the state of Minnesota. 
    Subd. 6 9.  [OPERATION.] "Operation" includes but is not 
limited to any act of cutting, scraping, or disturbing the 
intact body surface in any way, and any surgical or dental 
procedure, except as otherwise provided in this chapter. 
    Subd. 7 10.  [PRACTICE OF VETERINARY MEDICINE.] "Practice 
of veterinary medicine" has the meaning given by section 156.12. 
    Subd. 8 11.  [VETERINARY MEDICINE.] "Veterinary medicine" 
includes veterinary surgery, obstetrics, pathology, radiology, 
dentistry, ophthalmology, cardiology, dermatology, laboratory 
animal medicine, and all other branches or specialties of 
veterinary medicine. 
    Sec. 2.  Minnesota Statutes 1984, section 156.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  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, and has 
received one of the following: 
    (1) a diploma conferring the degree of doctor of veterinary 
medicine, or an equivalent degree, from a veterinary school 
approved by the board, an accredited or approved college of 
veterinary medicine; 
    (2) an ECFVG 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 next academic term of the 
college in which he 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 secretary of the board at least 30 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 1984, section 156.081, 
subdivision 2, is amended to read: 
    Subd. 2.  The board may revoke or suspend a license for any 
of the following causes: 
    (1) The employment of fraud, misrepresentation or deception 
in obtaining such license. 
    (2) Conviction of a crime involving moral turpitude or 
conviction of a felony, in which case the record shall be 
conclusive evidence of such conviction. 
    (3) Chronic inebriety or addiction to the use of habit 
forming drugs. 
    (4) Existence of professional connection with or the 
lending of one's name to any illegal practitioner of veterinary 
medicine and the various branches thereof.  
    (5) Violation or attempt to violate, directly or 
indirectly, any of the provisions of this chapter. 
    (6) Revocation by a sister state or territory of a license 
or certificate by virtue of which one is licensed to practice 
veterinary medicine in that state or territory, notwithstanding 
that such license or certificate did not support the application 
for license to practice in this state.  
    (7) Conviction of or cash compromise of a charge or 
violation of the Harrison Narcotic Act, regulating narcotics, in 
which case the record of such conviction or compromise, as the 
case may be, shall be conclusive evidence.  
    (8) Fraud or dishonesty in applying, treating, or reporting 
on tuberculin or other biological tests.  
    (9) Employment of anyone but a veterinarian licensed in the 
state of Minnesota to demonstrate the use of biologics in the 
treatment of animals.  
    (10) False or misleading advertising having for its purpose 
or intent deception or fraud.  
    (11) Habitual conduct reflecting unfavorably on the 
profession of veterinary medicine or conduct in violation of law 
or rules or regulations of the board.  
    (12) Conviction on a charge of cruelty to animals.  
    (13) 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. 
    (14) Fraud, deception, or incompetence in the practice of 
veterinary medicine. 
     (15) Unprofessional conduct as defined in rules adopted by 
the board. 
    A plea or verdict of guilty to a charge of a felony or of 
any offense involving moral turpitude is deemed to be a 
conviction within the meaning of this section.  The board may 
order the license suspended or revoked, or may decline to issue 
a license, when the time for appeal has elapsed, or the judgment 
of conviction has been affirmed on appeal. 
    Sec. 4.  Minnesota Statutes 1984, section 156.12, 
subdivision 2, is amended to read: 
    Subd. 2.  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 his 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 treating the animal belonging to the owner, 
except where the ownership of the animal was transferred for 
purposes of circumventing this chapter; 
    (e) Veterinarians 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; 
    (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 his or her performance; 
    (i) A graduate of a foreign college of veterinary medicine 
from working under the direct personal instruction, control, or 
supervision of a licensed veterinarian in order to complete the 
requirements necessary to obtain an ECFVG certificate. 
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1984, section 156.09, is repealed. 
    Approved May 24, 1985