2003 Minnesota Statutes

CHAPTER 156. Veterinarians

BOARD OF VETERINARY MEDICINE

     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 Council on Education. 

    Subd. 3.    Animal.  "Animal" does not include poultry. 

    Subd. 4.    Board.  "Board" means the state Board of 
 Veterinary Medicine. 

    Subd. 5.    Compensation.  "Compensation" includes but 
 is not limited to all fees, monetary rewards, discounts, and 
 emoluments received directly or indirectly. 

    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 Foreign 
 Veterinary 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. 

    Subd. 6a.    Firm.  "Firm" includes a corporation, 
 limited liability company, and limited liability partnership, 
 wherever incorporated, organized, or registered. 

    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. 8.    Licensee.  "Licensee" means a person 
 licensed to practice veterinary medicine in the state of 
 Minnesota. 

    Subd. 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. 10.    Practice of veterinary medicine.  "Practice 
 of veterinary medicine" has the meaning given by section 156.12. 

    Subd. 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. 

    HIST: 1965 c 204 s 1; 1975 c 271 s 6; 1976 c 285 s 1; 1985 c 
 228 s 1; 1996 c 415 s 2,3; 1999 c 231 s 151-153 

     156.01 State Board of Veterinary Medicine. 

    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 
 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.  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. 

    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 
 directors of the Minnesota Veterinary Medical 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 to be made. 

    Subd. 3.    Officers.  The board shall elect from its 
 number a president and such other officers as are necessary, all 
 from within its membership.  One person may hold the offices of 
 both secretary and treasurer.  The board shall have a seal and 
 the power to subpoena witnesses, to administer oaths, and take 
 testimony.  It shall make, alter, or amend rules that are 
 necessary to carry this chapter into effect.  It shall hold 
 examinations for applicants for license to engage in veterinary 
 practice at a time and place of its own choosing.  Notice of an 
 examination must be posted 90 days before the date set for the 
 examination in all veterinary schools approved by the board in 
 the state, and must be published in the American Association of 
 Veterinary State Boards "Directory of Veterinary Licensure 
 Requirements."  The board may hold other meetings it deems 
 necessary; but no meeting shall exceed three days duration. 

    Subd. 4.  Repealed, 1976 c 222 s 209 

    Subd. 5.    Correspondence; record; registers.  The 
 executive 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. 

    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. 

    HIST: (5851-1) 1937 c 119 s 1; 1965 c 204 s 2; 1973 c 638 s 
 39,40; 1975 c 136 s 44,45; 1975 c 271 s 6; 1976 c 222 s 123,124; 
 1976 c 239 s 62; 1985 c 248 s 70; 1991 c 199 art 1 s 48; 1996 c 
 415 s 4-7; 1999 c 231 s 154 

     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 board at least 60 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) the application fee set by the board in the form of a 
 check or money order payable to the board, which fee is not 
 returnable in the event permission to take the examination is 
 denied 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 or verification of ECFVG certification; 

    (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, 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. 

    HIST: (5851-2) 1937 c 119 s 2; 1965 c 204 s 3; 1973 c 725 s 
 22; 1975 c 271 s 6; 1976 c 222 s 125; 1976 c 285 s 2,3; 1985 c 
 228 s 2; 1986 c 444; 1989 c 314 s 3; 1996 c 415 s 8; 1999 c 231 
 s 155,156 

     156.03 Examination; payment. 

    Upon filing the application and any other papers, 
 affidavits, or proof that the Board of Veterinary Medicine may 
 require, together with the payment of the application fee and 
 appropriate examination fee as set by the board, the board shall 
 issue to the applicant a permit to take the national examination 
 in veterinary medicine and the Minnesota Veterinary 
 Jurisprudence Examination.  All applicants must be evaluated 
 using an examination prescribed by the board.  A passing score 
 for the national examination must be the criterion referenced 
 passing score as determined by the National Board Examination 
 Committee. 

    HIST: (5851-3) 1937 c 119 s 3; 1965 c 204 s 4; 1975 c 271 s 6; 
 1976 c 222 s 126; 1976 c 285 s 4; 1999 c 231 s 157 

     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 an accredited 
 or approved college of veterinary medicine or an ECFVG 
 certificate, and who shall have been adjudged to be duly 
 qualified to practice veterinary medicine, a license to practice.

    HIST: (5851-4) 1937 c 119 s 4; 1975 c 271 s 6; 1976 c 285 s 5; 
 1996 c 415 s 9 

     156.05 License. 

    The license shall be subscribed by the president and 
 secretary of the Board of Veterinary Medicine and have affixed 
 to it by the director the seal of the board. 

    HIST: (5851-5) 1937 c 119 s 5; 1965 c 204 s 5; 1975 c 271 s 6; 
 1985 c 247 s 25; 1996 c 415 s 10 

     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 
 available for public inspection with proper restrictions as to 
 their preservation as provided in section 13.41. 

    HIST: (5851-6) 1937 c 119 s 6; 1965 c 204 s 6; 1975 c 271 s 6; 
 1996 c 415 s 11 

     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 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. 

    HIST: (5851-7) 1937 c 119 s 7; 1963 c 578 s 1; 1965 c 204 s 7; 
 1975 c 271 s 6; 1976 c 222 s 127; 1976 c 285 s 6; 1986 c 444; 
 1996 c 415 s 12 

     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 with the board and by 
 payment of the renewal fee in effect on the last preceding 
 regular renewal date, plus all back fees, late 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 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.  

    HIST: 1965 c 204 s 8; 1986 c 444; 1996 c 415 s 13 

     156.072 Nonresidents; licenses. 

    Subdivision 1.    Application.  A doctor of veterinary 
 medicine duly admitted to practice in any state, commonwealth, 
 territory, or district of the United States or province of 
 Canada 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 United States or Canadian jurisdiction and having been 
 actively engaged in practicing veterinary medicine therein, for 
 at least three of the five years next preceding the application, 
 or 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 national examination in veterinary 
 medicine 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 examinations it 
 considers proper. 

    Subd. 2.    Required with application.  Such doctor of 
 veterinary medicine shall accompany the application by the 
 following: 

    (1) a copy of a diploma from an accredited or approved 
 college of veterinary medicine or certification from the dean, 
 registrar, or secretary of an accredited or approved college of 
 veterinary medicine attesting to the applicant's graduation from 
 an accredited or approved college of veterinary medicine, or a 
 certificate of satisfactory completion of the ECFVG program. 

    (2) affidavits of two licensed practicing doctors of 
 veterinary medicine residing in the United States or Canadian 
 licensing jurisdiction in which the applicant is currently 
 practicing, attesting that they are well acquainted with the 
 applicant, that the applicant is a person of good moral 
 character, and has been actively engaged in practicing or 
 teaching in such jurisdiction for the period above prescribed; 

    (3) a certificate from the regulatory agency having 
 jurisdiction over the conduct of practice of veterinary medicine 
 that such applicant is in good standing and is not the subject 
 of disciplinary action or pending disciplinary action; 

    (4) 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; 

    (5) in lieu of clauses (3) and (4), certification from the 
 Veterinary Information Verification Agency that the applicant's 
 licensure is in good standing; 

    (6) a fee as set by the board in form of check or money 
 order payable to the board, no part of which shall be refunded 
 should the application be denied; 

    (7) score reports on previously taken national examinations 
 in veterinary medicine, certified by the Veterinary Information 
 Verification Agency; and 

    (8) if requesting waiver of examination, provide evidence 
 of meeting licensure requirements in the state of the 
 applicant's original licensure that were substantially equal to 
 the requirements for licensure in Minnesota in existence at that 
 time. 

    Subd. 3.    Examination.  A doctor of veterinary 
 medicine duly admitted to practice in any state, commonwealth, 
 territory, or district of the United States or province of 
 Canada desiring admission to practice in this state but who has 
 not been actively engaged in the practice thereof for at least 
 three of the preceding five years must be examined for admission 
 in accordance with the requirements prescribed herein for those 
 not admitted to practice anywhere. 

    Subd. 4. Renumbered 156.073 

    Subd. 5. Renumbered subd 4 

    HIST: 1965 c 204 s 9; 1976 c 222 s 128,129; 1976 c 285 s 7-9; 
 1986 c 444; 1996 c 415 s 14; 1999 c 231 s 158,206 

     156.073 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 doctor of veterinary medicine 
 degree or an equivalent degree from an approved or accredited 
 college of veterinary medicine or an ECFVG certification.  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 national examination and 
 is currently not licensed in any licensing jurisdiction of the 
 United States or Canada or to any person whose license has been 
 revoked or suspended or who is currently subject to a 
 disciplinary order in any licensing jurisdiction of the United 
 States or Canada. 

    HIST: 1965 c 204 s 9; 1976 c 222 s 128,129; 1976 c 285 s 7-9; 
 1986 c 444; 1996 c 415 s 14; 1999 c 231 s 158,206 

     156.074 Temporary license. 

    A graduate of a nonaccredited or approved college of 
 veterinary medicine, who has satisfactorily completed the fourth 
 year of clinical study at an approved or accredited college of 
 veterinary medicine and has successfully passed the national 
 examination in veterinary medicine and the Minnesota Veterinary 
 Jurisprudence Examination, and is enrolled in the ECFVG program, 
 may be granted a temporary license.  The holder of a temporary 
 license issued under these provisions must practice under the 
 supervision of a Minnesota licensed veterinarian.  The temporary 
 license is valid until the candidate obtains ECFVG certification 
 or for a maximum of two years from the date of issue. 

    HIST: 1999 c 231 s 159 

  156.08 Repealed, 1965 c 204 s 13 

     156.081 Revocation; suspension. 

    Subdivision 1.    Authority.  The board may limit, 
 suspend, or revoke the license of any person to practice 
 veterinary medicine in this state for any of the causes provided 
 in this section.  The executive director, in all cases of 
 disciplined licenses, shall enter on the register the fact of 
 the disciplinary action, as the case may be.  The record of such 
 disciplinary action made by the 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 
 disciplinary action. 

    Subd. 2.    Causes.  The board may revoke, 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) 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) 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; 

    (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; 

    (9) conviction on a charge of cruelty to animals; 

    (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; 

    (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; 

    (12) engaging in unprofessional conduct as defined in rules 
 adopted by the board 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 a person who is 
 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. 

    Subd. 3. Repealed by amendment, 1996 c 415 s 15 

    HIST: 1965 c 204 s 10; 1976 c 222 s 130; 1985 c 228 s 3; 1985 
 c 248 s 70; 1986 c 444; 1996 c 415 s 15; 2002 c 221 s 9 

     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. 

    HIST: 1996 c 415 s 16 

  156.09 Repealed, 1985 c 228 s 5 

     156.10 Unlawful practice without license or permit; 
  gross misdemeanor. 

    It is a gross misdemeanor for any person to practice 
 veterinary medicine in the state without having first secured a 
 veterinary license or temporary permit, as provided in this 
 chapter. 

    HIST: (5851-10) 1937 c 119 s 10; 1976 c 285 s 10; 1996 c 415 s 
 17; 1999 c 231 s 160 

     156.11 Firms not to practice. 

    (a) It is unlawful in Minnesota for any firm, other than 
 one organized pursuant to chapter 319B, to practice veterinary 
 medicine, or to hold itself out or advertise itself in any way 
 as being entitled to practice veterinary medicine, or to receive 
 compensation derived from the practice of veterinary medicine or 
 the performance of veterinary services by any person, whether 
 that person is licensed to practice veterinary medicine or not.  
 Any firm violating the provisions of this section is guilty of a 
 gross misdemeanor and must be fined not more than $3,000 for 
 each offense.  Each day that this section is violated is a 
 separate offense. 

    (b) Notwithstanding section 319B.08, a veterinary medical 
 practice firm has 12 months after the death of an owner before 
 all of the owner's ownership interest must be acquired by the 
 practice, by persons permitted to own the ownership interest, or 
 by some combination. 

    HIST: (5851-11) 1937 c 119 s 11; 1971 c 450 s 1; 1976 c 239 s 
 72; 1984 c 628 art 3 s 11; 1997 c 174 art 12 s 70; 1999 c 86 art 
 1 s 37; 1999 c 231 s 161 

     156.12 Practice of veterinary medicine. 

    Subdivision 1.    Practice.  The practice of veterinary 
 medicine, as used in this chapter, shall mean the diagnosis, 
 treatment, correction, relief, or prevention of animal disease, 
 deformity, defect, injury, or other physical or mental 
 conditions; the performance of obstetrical procedures for 
 animals, including determination of pregnancy and correction of 
 sterility or infertility; and the rendering of advice or 
 recommendations with regard to any of the above.  The practice 
 of veterinary medicine shall include but not be limited to the 
 prescription or administration of any drug, medicine, biologic, 
 apparatus, application, anesthetic, or other therapeutic or 
 diagnostic substance or technique.  The practice shall not be 
 construed to include the dehorning of cattle and goats or the 
 castration of cattle, swine, goats, and sheep, or the docking of 
 sheep. 

    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 administering to 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 veterinarian faculty member of the College of 
 Veterinary Medicine, University of Minnesota in order to 
 complete the requirements necessary to obtain an ECFVG 
 certificate. 

    Subd. 3.    Requirement to be engaged in practice.  Any 
 person who sells or offers to apply, any prescription drug, 
 biologic preparation, including sera, vaccines, bacterins, 
 tuberculin, mallein, johnin, or any other agent for the 
 treatment, vaccination, or testing of any animal belonging to 
 another, shall be engaged in the practice of veterinary medicine.

    Subd. 4.    Titles.  It is unlawful for a person who has 
 not received a professional degree from an accredited or 
 approved college of veterinary medicine, or ECFVG certification, 
 to use any of the following titles or designations:  Veterinary, 
 veterinarian, animal doctor, animal surgeon, animal dentist, 
 animal chiropractor, animal acupuncturist, or any other title, 
 designation, word, letter, abbreviation, sign, card, or device 
 tending to indicate that the person is qualified to practice 
 veterinary medicine. 

    Subd. 5. Repealed, 1996 c 415 s 33 

    HIST: (5851-12) 1937 c 119 s 12; 1965 c 204 s 11; 1976 c 285 s 
 11; 1984 c 427 s 1; 1985 c 228 s 4; 1986 c 444; 1996 c 415 s 
 18-20; 1999 c 231 s 162,163 

     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. 

    HIST: 1996 c 415 s 21 

     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 a person who 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. 

    HIST: 1996 c 415 s 22; 2002 c 221 s 10 

     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. 

    HIST: 1996 c 415 s 23 

     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.  

    HIST: 1996 c 415 s 24 

     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 13.384, 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. 

    HIST: 1996 c 415 s 25; 1999 c 227 s 22 

     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. 

    HIST: 1996 c 415 s 26 

     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 $10,000 
 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, to discourage similar 
 violations, or to reimburse the board for the cost of the 
 investigation and proceeding including, but not limited to, fees 
 paid for services provided by the Office of Administrative 
 Hearings, legal and investigative services provided by the 
 Office of the Attorney General, court reporter services, 
 witnesses, reproduction of records, board members' per diem 
 compensation, board staff time, and board and staff expenses; 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, cost, or penalty 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. 

    HIST: 1996 c 415 s 27; 2003 c 66 s 11,12 

     156.13 Penalties, how recovered. 

    The penalties prescribed in this chapter may be recovered 
 in a civil case instituted by the Board of Veterinary Medicine 
 in the name of the state or by a criminal prosecution upon 
 complaint being made.  In case any county attorney shall omit or 
 refuse to conduct such civil action or such criminal 
 prosecution, the board may employ another attorney for that 
 purpose. 

    HIST: (5851-13) 1937 c 119 s 13; 1975 c 271 s 6 

     156.14 Expenses. 

    The expenses of administering sections 156.001 to 156.14 
 shall be paid from the appropriations made to the state Board of 
 Veterinary Medicine. 

    HIST: (5851-14) 1937 c 119 s 14; 1965 c 204 s 12; 1973 c 638 s 
 41; 1975 c 271 s 6; 1976 c 222 s 131 

     156.15 Cease and desist orders. 

    Subdivision 1.    Issuance.  In addition to the remedies 
 and procedures applicable to the health-related licensing board 
 provided in chapter 214, the board's complaint review committee, 
 on behalf of the board, may issue and have served upon a person 
 an order requiring the person to cease and desist from the 
 unauthorized practice of veterinary medicine, or from violating 
 or threatening to violate a statute, rule, or order which the 
 board has authority to enforce.  The order must be calculated to 
 give reasonable notice of the rights of the person to request a 
 hearing and must state the reasons for the entry of the order. 

    Subd. 2.    Service.  Service of an order under this 
 section is effective if the order is served on the person or 
 counsel of record personally or by certified mail to the most 
 recent address provided to the board for the person or counsel 
 of record.  

    Subd. 3.    Hearing.  Unless otherwise agreed by the 
 complaint review committee and the person requesting the 
 hearing, the hearing must be held no later than 30 days after 
 the written request for the hearing is received by the complaint 
 review committee. 

    Subd. 4.    Report; further order.  The administrative 
 law judge shall issue a report within 30 days of the close of 
 the contested case hearing record.  Within 30 days after 
 receiving the report and any exceptions to it, the board shall 
 issue a further order vacating, modifying, or making permanent 
 the cease and desist order as the facts require. 

    Subd. 5.    Finality; effect.  If no hearing is 
 requested within 30 days of service of the order, the order 
 becomes final and remains in effect until it is modified or 
 vacated by the board.  

    Subd. 6.    Default proceeding.  If the person to whom a 
 cease and desist order is issued fails to appear at the hearing 
 after being duly notified, the person is in default and the 
 proceeding may be determined against that person upon 
 consideration of the cease and desist order, the allegations of 
 which may be considered to be true. 

    HIST: 2001 c 108 s 1 

VETERINARY PRESCRIPTION DRUGS

     156.16 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 156.16 to 156.20. 

    Subd. 2.    Client.  "Client" means the owner or 
 caretaker of an animal who arranges for the animal's veterinary 
 care. 

    Subd. 3.    Dispensing.  "Dispensing" means distribution 
 of veterinary prescription drugs or over-the-counter drugs for 
 extra-label use by a person licensed as a pharmacist by the 
 Board of Pharmacy or a person licensed by the Board of 
 Veterinary Medicine. 

    Subd. 4.    Extra-label use.  "Extra-label use" means 
 the actual or intended use of a human or veterinary drug in an 
 animal in a manner that is not in accordance with the drug's 
 labeling. 

    Subd. 5.    Food-producing animals.  "Food-producing 
 animals" means livestock or poultry raised commercially for 
 human consumption. 

    Subd. 6.    Over-the-counter drug.  "Over-the-counter 
 drug" means a veterinary drug labeled "for veterinary use only" 
 or "for animal use only" that does not require a prescription or 
 is not required to have the restrictive legend:  "Caution:  
 federal law restricts this drug to use by or on the order of a 
 licensed veterinarian." 

    Subd. 7.    Patient.  "Patient" means an animal for 
 which a veterinary prescription drug is used or intended to be 
 used. 

    Subd. 8.    Person.  "Person" means an individual, or a 
 firm, partnership, company, corporation, trustee, association, 
 agency, or other public or private entity. 

    Subd. 9.    Pharmacist.  "Pharmacist" means an 
 individual with a valid Minnesota license to practice pharmacy. 

    Subd. 10.    Prescription.  "Prescription" means an 
 order from a veterinarian to a pharmacist or another 
 veterinarian authorizing the dispensing of a veterinary 
 prescription drug to a client for use on or in a patient. 

    Subd. 11.    Veterinarian.  "Veterinarian" means an 
 individual with a valid Minnesota license to practice veterinary 
 medicine. 

    Subd. 12.    Veterinarian-client-patient relationship.  
 "Veterinarian-client-patient relationship" means a relationship 
 in which the conditions in paragraphs (a) to (d) have been met. 

    (a) The veterinarian has assumed the responsibility for 
 making medical judgments regarding the health of the animal and 
 the need for medical treatment, and the client has agreed to 
 follow the instructions of the veterinarian. 

    (b) The veterinarian has sufficient knowledge of the animal 
 to initiate at least a general, preliminary, or tentative 
 diagnosis of the medical condition of the animal.  The 
 veterinarian must be acquainted with the keeping and care of the 
 animal by virtue of an examination of the animal or medically 
 appropriate and timely visits to the premises where the animal 
 is kept. 

    (c) The veterinarian is available for consultation in case 
 of adverse reactions or failure of the regimen of therapy. 

    (d) The veterinarian maintains records documenting patient 
 visits, diagnosis, treatments, and drugs prescribed, dispensed, 
 or administered, and other relevant information. 

    Subd. 13.    Veterinary drug.  "Veterinary drug" means: 

    (1) a drug for animal use recognized in the official United 
 States Pharmacopoeia or National Formulary of the United States; 

    (2) a drug intended for use in the diagnosis, cure, 
 mitigation, treatment, or prevention of disease in animals; 

    (3) a drug, other than feed, medicated feed, or a growth 
 promoting implant intended to affect the structure or function 
 of the body of an animal; or 

    (4) a drug intended for use as a component of a drug in 
 clause (1), (2), or (3). 

    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; 

    (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. 

    HIST: 1989 c 314 s 4; 1996 c 415 s 28,29 

     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. 

    HIST: 1989 c 314 s 5; 1996 c 415 s 30 

     156.18 Veterinary prescription drugs. 

    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 an animal or human drug for an 
 animal without a prescription from a veterinarian.  A 
 veterinarian or the veterinarian's authorized 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 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. 

    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. 

    Subd. 3.    Records on veterinary drug transactions.  A 
 veterinarian must maintain complete records of receipt and 
 distribution of each prescription veterinary drug.  The records 
 may be kept in the form of sales invoices, shipping records, 
 prescription files, or a record or log established solely to 
 satisfy the requirements of this subdivision.  Records must 
 include:  

    (1) the name of the drug; 

    (2) the name and address of the person from whom the drug 
 was shipped and the date and quantity received; and 

    (3) the name and address of the person to whom the drug was 
 distributed and the date and quantity shipped or otherwise 
 distributed. 

    Subd. 4.    Record keeping.  Records required by this 
 section must be kept for at least two years after dispensing of 
 the drug has been completed. 

    HIST: 1989 c 314 s 6; 1996 c 415 s 31,32 

     156.19 Extra-label use. 

    A person, other than a veterinarian or a person working 
 under the control of a veterinarian, must not make extra-label 
 use of a veterinary drug in or on a food-producing animal, 
 unless permitted by the prescription of a veterinarian.  A 
 veterinarian may prescribe the extra-label use of a veterinary 
 drug if: 

    (1) the veterinarian makes a careful medical diagnosis 
 within the context of a valid veterinarian-client-patient 
 relationship; 

    (2) the veterinarian determines that there is no marketed 
 drug specifically labeled to treat the condition diagnosed, or 
 that drug therapy as recommended by the labeling has, in the 
 judgment of the attending veterinarian, been found to be 
 clinically ineffective; 

    (3) the veterinarian recommends procedures to ensure that 
 the identity of the treated animal will be carefully maintained; 
 and 

    (4) the veterinarian prescribes a significantly extended 
 time period for drug withdrawal before marketing meat, milk, or 
 eggs.  

    HIST: 1989 c 314 s 7 

     156.20 Inspections and samples. 

    Subdivision 1.    Authority.  To enforce sections 156.16 
 to 156.19, a veterinarian must allow authorized representatives 
 of the Board of Veterinary Medicine, after receiving allegations 
 of a violation of sections 156.16 to 156.19 and upon presenting 
 appropriate credentials to the veterinarian in charge, to:  

    (1) enter premises in which veterinary drugs are held for 
 distribution in Minnesota at reasonable times, within reasonable 
 limits, and in a reasonable manner; 

    (2) inspect pertinent records, equipment, materials, 
 containers, and facilities bearing on whether veterinary drugs 
 are in compliance with sections 156.16 to 156.19; and 

    (3) collect samples.  

    Subd. 2.    Limits on inspection.  An inspection 
 authorized by this section may not extend to financial 
 information, pricing information, personnel information, or 
 sales information other than shipment information.  An 
 inspection must be started and completed with reasonable 
 promptness. 

    HIST: 1989 c 314 s 8