Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 415-H.F.No. 2059
An act relating to veterinarians; changing the
veterinary practice act; amending Minnesota Statutes
1994, sections 13.99, by adding a subdivision;
156.001, subdivisions 3 and 6; 156.01, subdivisions 1,
2, 5, and by adding a subdivision; 156.02; 156.04;
156.05; 156.06; 156.07; 156.071; 156.072; 156.081;
156.10; 156.12, subdivisions 2, 3, and 4; 156.16,
subdivisions 3 and 14; 156.17; and 156.18,
subdivisions 1 and 2; proposing coding for new law in
Minnesota Statutes, chapter 156; repealing Minnesota
Statutes 1994, section 156.12, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 13.99, is
amended by adding a subdivision to read:
Subd. 53b. [VETERINARY RECORDS.] Veterinary records on
clients are classified under section 156.082.
Sec. 2. Minnesota Statutes 1994, section 156.001,
subdivision 3, is amended to read:
Subd. 3. [ANIMAL.] "Animal" does not mean include poultry
or birds of any kind.
Sec. 3. Minnesota Statutes 1994, section 156.001,
subdivision 6, is amended to read:
Subd. 6. [EDUCATIONAL COMMISSION FOR FOREIGN VETERINARY
GRADUATES CERTIFICATE; ECFVG CERTIFICATE.] "Educational
commission for foreign veterinary graduates certificate" or
"ECFVG certificate" means a certificate issued by the American
veterinary medical association education commission
for graduates of a foreign college of veterinary medicine
graduates, 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.
Sec. 4. Minnesota Statutes 1994, section 156.01,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; MEMBERSHIP.] There is hereby
created a state board of veterinary medicine which shall consist
of two public members as defined by section 214.02 and
five qualified licensed veterinarians appointed by the
governor. Each appointee shall be a resident of the state of
Minnesota, and the veterinarian members of the board shall have
practiced veterinary medicine in this state for at least five
years prior to their appointment and shall be graduates of an
accredited veterinary college. Membership terms, compensation
of members, removal of members, the filling of membership
vacancies, and fiscal year and reporting requirements shall be
as provided in sections 214.07 to 214.09. The provision of
staff, administrative services and office space; the review and
processing of complaints; the setting of board fees; and other
provisions relating to board operations shall be as provided in
chapter 214.
Sec. 5. Minnesota Statutes 1994, section 156.01,
subdivision 2, is amended to read:
Subd. 2. [NOMINATION OF APPOINTEES.] Whenever the occasion
arises pursuant to this chapter for the appointment of a
veterinarian member of the board by the governor, the board of
trustees directors of the Minnesota state veterinary medical
society association may recommend to the governor, at least 30
days in advance of the date that the appointment is to be
made, not more than three veterinarians qualified to serve on
the board for each appointment so to be made.
Sec. 6. Minnesota Statutes 1994, section 156.01,
subdivision 5, is amended to read:
Subd. 5. [CORRESPONDENCE; RECORD; REGISTERS.] The
executive secretary director shall conduct all correspondence
necessary to carry out the provisions of this chapter. The
board shall keep an official record of all meetings. The board
shall keep an official register of all applicants for licenses
and a register of licensees. Such registers shall be prima
facie evidence of the matters therein contained.
Sec. 7. Minnesota Statutes 1994, section 156.01, is
amended by adding a subdivision to read:
Subd. 6. [IMMUNITY.] Members and employees of the board
and consultants or other persons engaged in the investigation of
violations and in the preparation, presentation, or management
of and testimony pertaining to charges of violations of section
156.081 or other board regulatory provisions on behalf of the
board are not civilly liable for any actions, transactions, or
publications in the performance of their duties in accordance
with those provisions.
Sec. 8. Minnesota Statutes 1994, section 156.02, is
amended to read:
156.02 [APPLICANTS FOR LICENSE; QUALIFICATIONS.]
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, 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 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 secretary of the board at least 45 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.
Subd. 2. [REQUIRED WITH APPLICATION.] Every application
shall contain the following information and material: (1) A the
fee as set by the board in the form of a check or money order
payable to the state treasurer board, which fee shall is not
be returnable in the event permission to take the examination is
denied upon 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. If the
applicant attended more than one college of veterinary medicine,
the applicant shall furnish transcripts from each as to work
done in each; (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; and (4) if the applicant has served in the armed
forces, the applicant shall furnish a copy of discharge papers.
Subd. 3. [EXAMINATION OF CERTAIN INDIVIDUALS.] The board
may, on an individual basis, permit individuals not qualified
for a Minnesota license by reason of graduation from a
nonaccredited or approved college of veterinary medicine to take
the national examinations in veterinary medicine when necessary
as a prerequisite to obtaining the ECFVG certification.
Sec. 9. Minnesota Statutes 1994, 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 a an accredited
or approved college of veterinary school approved by the
board medicine or an ECFVG certificate, and who shall have been
adjudged to be duly qualified to practice veterinary medicine, a
license to practice.
Sec. 10. Minnesota Statutes 1994, section 156.05, is
amended to read:
156.05 [LICENSE.]
The license shall be subscribed by the members president
and secretary of the board of veterinary medicine and have
affixed to it by the director the seal of the board.
Sec. 11. Minnesota Statutes 1994, section 156.06, is
amended to read:
156.06 [LICENSE RECORDED.]
The license, before issued, shall be recorded in a book or
computer database to be kept in the office which the board of
veterinary medicine shall establish for the purpose of carrying
out the provisions of this chapter. These records shall be open
to available for public inspection with proper restrictions as
to their preservation as provided in section 13.41.
Sec. 12. Minnesota Statutes 1994, section 156.07, is
amended to read:
156.07 [LICENSE RENEWAL.]
Persons licensed under this chapter, shall conspicuously
display their license in their principal place of business.
Persons now qualified to practice veterinary medicine in
this state, or who shall hereafter be licensed by the board of
veterinary medicine to engage in the practice, shall
periodically renew their license in a manner prescribed by the
board. The board shall establish license renewal fees shall be
set by the board and continuing education requirements. The
board may establish, by rule, an inactive license category, at a
lower fee, for licensees not actively engaged in the practice of
veterinary medicine within the state of Minnesota. The board
may assess a charge for delinquent payment of a renewal fee.
Any person who is licensed to practice veterinary medicine
in this state pursuant to this chapter, shall be entitled to
receive a license to continue to practice upon making
application to the board and complying with the terms of this
section and rules of the board.
Sec. 13. Minnesota Statutes 1994, section 156.071, is
amended to read:
156.071 [REINSTATEMENT OF EXPIRED LICENSE.]
Except as otherwise provided in this chapter, an expired
license, which is suspended by the board pursuant to section
156.07, may be reinstated at any time within five years after
its suspension on filing an application for reinstatement on a
form prescribed by with the board and by payment of the renewal
fee in effect on the last preceding regular renewal date, plus
all back fees and the, late filing fee fees, and reinstatement
fees. In addition, satisfactory evidence of meeting yearly
continuing education requirements must be furnished to the board.
A person who fails to renew a license within five years
after its suspension may not renew it, and it shall not be
restored, reissued, or reinstated thereafter, but such person
may apply for and obtain a new license on complying with the
following conditions: (1) the person is of good moral
character; (2) no fact, circumstance, or condition exists which,
if the license were issued, would justify its revocation or
suspension; (3) the person takes and passes the
examination examinations, if any, which would be required if the
person were then applying for a license for the first time, or
otherwise establishes to the satisfaction of the board that,
with due regard for the public interest the person is qualified
to practice veterinary medicine; and (4) the person pays all of
the fees that would be required if the person were then applying
for the license for the first time.
Sec. 14. Minnesota Statutes 1994, section 156.072, is
amended to read:
156.072 [NONRESIDENTS; LICENSES.]
Subdivision 1. [APPLICATION.] A doctor of veterinary
medicine duly admitted to practice in any of the other states or
territories or District of Columbia desiring permission to
practice veterinary medicine in this state shall submit an
application to the board upon forms prescribed by the board.
Upon proof of licensure to practice in any other state or
territory or in the District of Columbia and has having been
actively engaged in practicing veterinary medicine therein, for
at least three of the five years next preceding the application,
or has having been engaged in full time teaching of veterinary
medicine in an approved or accredited college for at least three
of the five years next preceding the application, or any
combination thereof, the examination may be waived, upon the
recommendation of the board, and the applicant be admitted to
practice without examination. However, the board may impose any
other tests as it considers proper.
Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of
veterinary medicine shall accompany the application by the
following:
(1) A certified copy of the license registration and
affidavits of two practicing doctors of veterinary medicine of
the state, territory or District of Columbia so certifying that
they are well acquainted with such applicant, that the applicant
is a person of good moral character, and has been actively
engaged in practicing or teaching as the case may be in such
state, territory, or District of Columbia for the period above
prescribed;
(2) a certificate from the proper body therein regulatory
agency having jurisdiction over the conduct of practice of
veterinary medicine that such applicant is in good standing
and is not under the subject of disciplinary action or pending
charges of misconduct; and disciplinary action;
(3) 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; and
(4) a fee as set by the board in form of check or money
order payable to the treasurer of the state of Minnesota board,
no part of which shall be refunded, should the application be
denied.
Subd. 3. [EXAMINATION.] A doctor of veterinary medicine
duly admitted to practice in any of the other states or
territories or in the District of Columbia desiring admission to
practice in this state but who has not been actively engaged in
the practice thereof for the period prescribed herein at least
three of the preceding five years must be examined for admission
in accordance with the rules requirements prescribed herein for
those not admitted to practice anywhere and in addition, must
meet all of the requirements of this section except that the fee
may differ from the fee charged to those not admitted to
practice in other states.
Subd. 4. The board may enter into reciprocity agreements
with other states that have comparable licensing requirements
and may issue a license without requiring an examination.
Subd. 5. [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 degree doctor of veterinary medicine degree or an equivalent
degree from a an approved or accredited veterinary
college approved by the board. 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 examination in this state or in any other
state, territory, or district of the United States or a foreign
country.
Sec. 15. Minnesota Statutes 1994, section 156.081, is
amended to read:
156.081 [REVOCATION; SUSPENSION.]
Subdivision 1. [AUTHORITY.] The board may revoke or
suspend for a certain time limit, suspend, or revoke the license
of any person to practice veterinary medicine or any branch
thereof in this state for any of the causes provided in this
section. The executive secretary director, in all cases of
suspension or revocation of disciplined licenses, shall enter on
the register the fact of suspension or revocation the
disciplinary action, as the case may be. The record of
such suspension or revocation so disciplinary action made by the
secretary 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 suspension or revocation
disciplinary action.
Subd. 2. [CAUSES.] The board may revoke or, 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) Conviction of a crime involving moral turpitude or
conviction of a felony, in which case the record shall be
conclusive evidence of such conviction. 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) Chronic inebriety or addiction to the use of habit
forming drugs. 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 and the various branches thereof.;
(5) Violation or attempt to violate, directly or
indirectly, any of the provisions of this chapter.
(6) Revocation by another 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 of the board.
(5) having been the subject of revocation, suspension, or
surrender of a veterinary 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;
(12) (9) conviction on a charge of cruelty to animals.;
(13) (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.;
(14) (11) fraud, deception, or incompetence in the practice
of veterinary medicine., including any departure from or failure
to conform to the minimum standards of acceptable and prevailing
practice without actual injury having to be established;
(15) (12) engaging in 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.
Subd. 3. The adjudication of insanity or mental illness,
of any licensee shall operate as a suspension of the right to
practice under this chapter. Such suspension shall continue
until such licensee is restored to capacity by proper
authorities, except that any such licensee may practice
veterinary medicine while on a provisional discharge. 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 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.
Sec. 16. [156.082] [VETERINARY MEDICAL RECORDS.]
Veterinary records of a client that are maintained by a
state agency, statewide system, or political subdivision are
private data on individuals or nonpublic data as defined in
section 13.02.
Sec. 17. Minnesota Statutes 1994, section 156.10, is
amended to read:
156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT.]
It shall be unlawful for any person to practice veterinary
medicine, or any branch thereof, in the state without having
first secured a license or temporary permit, as provided in this
chapter, and any person violating the provisions of this section
shall be guilty of a gross misdemeanor and punished therefor
according to the laws of the state.
Sec. 18. Minnesota Statutes 1994, 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 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 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 licensed veterinarian faculty member of the
College of Veterinary Medicine, University of Minnesota in order
to complete the requirements necessary to obtain an ECFVG
certificate.
Sec. 19. Minnesota Statutes 1994, section 156.12,
subdivision 3, is amended to read:
Subd. 3. Any person who both sells and applies or offers
to apply, any prescription drug, medicine, biologic preparation,
including sera, vaccines, bacterins, tuberculin, mallein,
johnin, or any other material agency agent for the treatment,
vaccination, or testing of any animal belonging to another,
shall be engaged in the practice of veterinary medicine.
Sec. 20. Minnesota Statutes 1994, section 156.12,
subdivision 4, is amended to read:
Subd. 4. It shall be unlawful for a person who has not
received a professional degree from a an accredited or approved
college of veterinary medicine to use any of the following
titles or designations: Veterinary, veterinarian, animal
doctor, animal surgeon, animal dentist, 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. 21. [156.121] [FACILITY INSPECTION.]
The executive director, or an authorized representative of
the board may, in response to a complaint, inspect a facility in
which veterinary medicine is practiced, at any time during which
the facility is open for business, to ensure compliance with the
requirements of this chapter and the regulations of the board.
Sec. 22. [156.122] [COURTS TO REPORT.]
The court administrator shall report to the board a
judgment or finding by a court that a person regulated by the
board:
(1) is mentally ill, chemically dependent, mentally ill and
dangerous to the public, or is a sexual psychopathic personality
or sexually dangerous person under chapter 253B or other
applicable law;
(2) is guilty of a felony or gross misdemeanor; violation
of a law involving the use, possession, or sale of a controlled
substance; or operating a motor vehicle under the influence of
alcohol or a controlled substance; or
(3) is in need of a guardian of the person under sections
525.54 to 525.61.
Sec. 23. [156.123] [COOPERATION REQUIRED.]
A regulated person who is the subject of an investigation,
or who is questioned in connection with an investigation, by or
on behalf of the board shall cooperate fully with the
investigation. Requests must be consistent with the nature and
seriousness of the conduct being investigated. Cooperation
includes responding fully and promptly to questions raised by or
on behalf of the board relating to the subject of the
investigation, providing copies of client and other records in
the regulated person's possession relating to the matter under
investigation as requested by the board, assisting the board in
its investigation which includes executing releases for records
as requested by the board, and appearing at disciplinary or
educational conferences scheduled by the board.
Sec. 24. [156.124] [IMMUNITY.]
Any licensee of the board, person, agency, institution,
facility, business, or organization is immune from civil
liability for submitting a report in good faith to the board
under this section or for otherwise reporting to the board
violations or alleged violations of section 156.081 or any of
the board's regulatory provisions, or for cooperating with an
investigation of a report.
Sec. 25. [156.125] [MENTAL EXAMINATION; ACCESS TO MEDICAL
DATA.]
Subdivision 1. [ORDER FOR EXAMINATION; CONSENT.] If the
board has probable cause to believe that grounds exist under
section 156.081, subdivision 2, clause (3) or (13), against a
regulated person, the executive director may authorize the
issuance of an order directing the regulated person to submit to
a mental or physical examination or chemical dependency
evaluation. For the purpose of this section, every regulated
person is considered to have consented to submit to a mental or
physical examination or chemical dependency evaluation when
ordered to do so and to have waived all objections to the
admissibility of the examiner's or evaluator's testimony or
reports on the grounds that the testimony or reports constitute
a privileged communication. An order for examination under this
chapter is private data on an individual.
Subd. 2. [FAILURE TO SUBMIT TO OR COMPLETE AN
EXAMINATION.] Failure to submit to or complete an examination or
evaluation, unless the failure was due to circumstances beyond
the control of the regulated person, constitutes an admission
that grounds exist under section 156.081, subdivision 2, clause
(3) or (13), against the regulated person, based on the factual
specifications in the examination or evaluation order, and may
result in an application being denied or, after a contested case
hearing as described in this subdivision, a disciplinary order.
The only issues to be determined at the hearing are whether the
executive director had probable cause to authorize the
examination or evaluation order and whether the failure to
submit was due to circumstances beyond the control of the
regulated person. Neither the record of a proceeding under this
subdivision nor the orders entered by the board are admissible,
subject to subpoena, or to be used against the regulated person
in a proceeding in which the board is not a party.
Subd. 3. [OBTAINING DATA AND HEALTH RECORDS.] In addition
to ordering a physical or mental examination and notwithstanding
section 13.42, 144.335, 144.651, or 595.02, or any other law
limiting access to medical or other health records, the board
may authorize obtaining data and health records relating to a
regulated person without the regulated person's consent if the
executive director has probable cause to believe that grounds
exist under section 156.081, subdivision 2, clause (3) or (13),
against the regulated person. A regulated person, insurance
company, health care facility, provider as defined in section
144.335, subdivision 1, paragraph (b), or government agency
shall comply with any written request under this subdivision and
is not liable in any action for damages for releasing the data
requested if the data are released in accordance with a written
request made under this subdivision. Information on individuals
obtained under this subdivision is investigative data under
section 13.41.
Sec. 26. [156.126] [TEMPORARY SUSPENSION OF LICENSE.]
In addition to any other remedy provided by law, the board,
acting through its executive director and one or more designated
board members without a hearing, may temporarily suspend the
license of a regulated person if the executive director and one
or more designated board members finds that the regulated person
has violated a statute or rule that the board is empowered to
enforce and continued practice by the regulated person would
create an imminent risk of harm to others. The suspension is in
effect upon service of a written temporary suspension order on
the regulated person specifying the statute or rule violated.
Service of the temporary suspension order is effective upon
personal service or service by first class mail upon the
regulated person or counsel at the regulated person's or
counsel's last known address. The temporary order remains in
effect until the board issues an order after a limited hearing
described in this subdivision or upon agreement between the
board and the regulated person. Within ten days of service of
the temporary suspension order, the board shall conduct a
limited hearing before its own members on the sole issue of
whether there is a reasonable basis for the temporary suspension
order to remain in effect. Both parties shall be given an
opportunity to present evidence and oral argument at the
hearing. Within five business days after the hearing, the board
shall issue an order and, if the temporary suspension is to
remain in effect, initiate a contested case hearing to be
commenced within 45 days after service of the order. The
administrative law judge shall issue a report within 30 days
after closing the contested case hearing record. The board
shall issue a final order within 30 days after receiving the
administrative law judge's report.
Sec. 27. [156.127] [FORMS OF DISCIPLINARY ACTION.]
Subdivision 1. [BOARD ACTION.] When grounds exist under
section 156.081, or other statute or rule which the board is
authorized to enforce, the board may take one or more of the
following disciplinary actions:
(1) deny an application for a license;
(2) revoke the regulated person's license;
(3) suspend the regulated person's license;
(4) impose limitations on the regulated person's license;
(5) impose conditions on the regulated person's license;
(6) censure or reprimand, publicly or privately, the
regulated person;
(7) impose an administrative penalty not exceeding $5,000
for each separate violation, the amount of the penalty to be
fixed so as to deprive the person of any economic advantage
gained by reason of the violation or to discourage repeated
violations; or
(8) take any other action justified by the facts of the
case.
Subd. 2. [AGREEMENT.] When grounds exist under section
156.081, or other statute or rule which the board is authorized
to enforce, the executive director and complaint committee may
enter into an agreement with the regulated person for corrective
action which may include requiring the regulated person:
(1) to complete an educational course or activity;
(2) to submit to the executive director or designated board
member a written protocol or reports designed to prevent future
violations of the same kind;
(3) to meet with a board member or board designee to
discuss prevention of future violations of the same kind;
(4) to perform other action justified by the facts; or
(5) to cease performing specific acts or procedures
justified by the facts.
The listing of these measures in this subdivision does not
preclude a board from including the measures in an order for
disciplinary action.
Subd. 3. [DISCIPLINARY ACTION AND REINSTATEMENT FEE.] Upon
reinstating a regulated person's license or granting an
applicant's license, the board may, at its discretion, impose
any disciplinary action listed in subdivision 1, as well as any
reinstatement fee.
Subd. 4. [ANNUAL PUBLICATION OF DISCIPLINARY ACTIONS.] At
least annually, the board may publish and make available to the
public a description of all public disciplinary action taken by
the board. The publication must include, for each disciplinary
action taken, the name and the business address of the regulated
person, and the form of disciplinary action taken by the board.
Sec. 28. Minnesota Statutes 1994, section 156.16,
subdivision 3, is amended to read:
Subd. 3. [DISPENSING.] "Dispensing" means distribution of
veterinary prescription drugs or over-the-counter drugs for
extra-label use by a person registered licensed as a pharmacist
by the board of pharmacy to dispense or a person licensed by the
board of veterinary medicine.
Sec. 29. Minnesota Statutes 1994, section 156.16,
subdivision 14, is amended to read:
Subd. 14. [VETERINARY PRESCRIPTION DRUG.] "Veterinary
prescription drug" means:
(1) a drug that is not safe for animal use except under the
supervision of a veterinarian, and that is required by federal
law to bear the following statement: "Caution: federal law
restricts this drug to use by or on the order of a licensed
veterinarian";
(2) a drug that is required by state law to be dispensed
only on order or prescription of a licensed veterinarian; and
(3) the extra-label use of an over-the-counter animal drug
or human drugs; and
(4) a medicament compounded by mixing two or more legally
obtained over-the-counter or prescription drugs.
Sec. 30. Minnesota Statutes 1994, section 156.17, is
amended to read:
156.17 [POSSESSION PROHIBITED.]
A person may not possess a veterinary prescription drug
unless the person is a licensed veterinarian or pharmacist, a
bona fide employee of a veterinarian acting in the course of
that employment, a client holding a veterinary prescription drug
by or on the order of a veterinarian, a manufacturer or
wholesaler of veterinary drugs, an animal health researcher, or
a person performing official state or federal regulatory duties.
Sec. 31. Minnesota Statutes 1994, 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 a veterinary an animal or human drug
for an animal without a prescription from a veterinarian. A
veterinarian or the veterinarian's authorized agent employee may
dispense a veterinary prescription drug to a client or oversee
the extra-label use of a veterinary drug directly by a client
without a separate written prescription, providing there is an
existing veterinarian-client-patient relationship.
(b) A veterinarian may sell 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; and
(7) withdrawal time.
(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. 32. Minnesota Statutes 1994, 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 dispensing a
veterinary prescription drug or prescribing the extra-label use
of an over-the-counter drug 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. 33. [REPEALER.]
Minnesota Statutes 1994, section 156.12, subdivision 5, is
repealed.
Presented to the governor March 30, 1996
Signed by the governor April 2, 1996, 12:36 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes