Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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.