CHAPTER 246
H.P. 1051 - L.D. 1468
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 71-A is amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 71-A
MAINE VETERINARY PRACTICE ACT
Sec. 2. 32 MRSA §4852, as enacted by PL 1975, c. 477, §4, is amended to read:
This chapter shall be is known and may be cited as the "Maine Veterinary Practice Act of 1975."
Sec. 3. 32 MRSA §4853, sub-§4-A, as enacted by PL 1993, c. 404, Pt. A, §5, is amended to read:
4-A. Direct supervision. "Direct supervision" means any time when a supervisor is on the premises and is or quickly and easily available.
Sec. 4. 32 MRSA §4853, sub-§7, as enacted by PL 1975, c. 477, §4, is repealed and the following enacted in its place:
7. Practice of veterinary medicine. "Practice of veterinary medicine" means:
A. The diagnosis, treatment, correction, change, relief or prevention of animal disease, deformity, defect, injury or other physical or mental condition, including the prescription or administration of a drug, medicine, biologic, apparatus, application, anesthetic or other imaging, therapeutic or diagnostic technique or nutritional substance or technique on, for or to any animal, including, but not limited to, acupuncture, dentistry, homeopathic or chiropractic procedures, physical or massage therapy, surgery including cosmetic surgery, implanting of microchips or similar devices or any manual, mechanical, biological or chemical procedure used for pregnancy testing or correcting sterility or infertility;
B. The removal of an embryo from an animal for the purposes of transferring that embryo into another female animal or the processing or cryopreserving of that embryo. The practice of veterinary medicine does not include the removal of an embryo from the person's own animal;
C. The representation directly or indirectly of an ability and willingness to perform an act included in paragraph A; and
D. The use of any titles, word or abbreviations of letters in a manner or under circumstances that induce the belief that the person using them is legally authorized and qualified to perform any act included in paragraph A. That use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.
Sec. 5. 32 MRSA §4853, sub-§7-A, as enacted by PL 1983, c. 48, §1, is amended to read:
7-A. Relief veterinary service. "Relief veterinary service" means the practice of veterinary medicine in Maine on a temporary basis by a qualified veterinarian not licensed to practice in this State for the purpose of substituting for a Maine-licensed veterinarian at a specified location during his the licensee's absence or period of incapacitation.
Sec. 6. 32 MRSA §4853, sub-§10, as enacted by PL 1975, c. 477, §4, is amended to read:
10. Veterinary medicine. "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine including all aspects of the "practice of veterinary medicine" under subsection 7.
Sec. 7. 32 MRSA §4854, as amended by PL 1993, c. 600, Pt. A, §251, is further amended to read:
§4854. State Board of Veterinary Medicine
The State Board of Veterinary Medicine, as established by Title 5, section 12004-A, subsection 42, within the Department of Professional and Financial Regulation, consists of 6 members, appointed by the Governor, 5 of whom must be licensed veterinarians who are residents of this State and graduates of a veterinary school and who have been licensed to practice veterinary medicine in the State for the 5 years preceding their appointment and one member who must be a representative of the public. At least 30 days before the appointment of a licensed Maine veterinarian to the board, the State Veterinary Medical Association shall forward to the Governor for consideration the names of 3 or more qualified veterinarians. The term of office of each present member of the board expires as provided. One new member to be appointed to the board shall serve a 3-year term. One new member to be appointed to the board shall serve a 4-year term. The public member to be appointed to the board shall serve a 5-year term. After the initial appointments, members Members are appointed for 5-year terms. Appointments of members must comply with section 60. A person may not serve on the board who is, or has been during the 2 years preceding appointment, a trustee or a member of the faculty or advisory board of a veterinary school.
Sec. 8. 32 MRSA §4855, as amended by PL 1995, c. 397, §§62 and 63, is further amended to read:
The board shall organize annually by electing a president chair, a secretary who need not be a member of the board and any other officers as may be determined necessary. The secretary board shall maintain the correspondence of the board, and keep a record of all proceedings, including the disposition of all applications for license or registration as veterinary technicians, and keep a register of all persons currently licensed by the board or registered as a veterinary technician. All board records must be open to public inspection during regular office hours.
Sec. 9. 32 MRSA §4856, as enacted by PL 1975, c. 477, §4, is amended to read:
The board shall meet at least once a year at a time and place fixed by the board. Other meetings may be called by the president chair by giving notice as required by rule. A majority of the board constitutes a quorum.
Sec. 10. 32 MRSA §4859, sub-§3, as amended by PL 1979, c. 291, §2, is further amended to read:
3. After hearing, adopt, amend or repeal rules. After hearing, adopt, amend or repeal rules and regulations in accordance with the Maine Administrative Procedure Act, Title 5, section 8051, et. seq. chapter 375, subchapter II, necessary to carry into effect this chapter. These rules and regulations shall must be made in accordance with the purpose and intent of the law and the standards set forth in this chapter and shall include, but are not limited to, rules and regulations concerning misconduct, fraud, advertising, standards of competency, personal conduct, standards of sanitation for the operation of veterinary hospitals, associations with other veterinarians and unprofessional conduct.
Sec. 11. 32 MRSA §4859, sub-§4, as amended by PL 1995, c. 502, Pt. H, §33, is further amended to read:
4. Establish schedule of fees. Establish a schedule of fees for the licensing and registration of veterinarians and registration of veterinary technicians. The board shall set the fees in an amount not to exceed $150 for veterinarians and $75 for veterinary technicians.
Sec. 12. 32 MRSA §4859, sub-§§5 and 8, as enacted by PL 1975, c. 477, §4, are amended to read:
5. Conduct investigations. Conduct investigations of alleged violations of this chapter and the rules and regulations adopted thereunder.
8. Bring proceedings. Bring proceedings in the courts for the enforcement of this chapter or any rules and regulations made pursuant thereto.
Sec. 13. 32 MRSA §4861, first ¶, as enacted by PL 1975, c. 477, §4, is amended to read:
Any person desiring a license to practice veterinary medicine in this State shall make written application to the board. The application shall must show that the applicant is a citizen of the United States or Canada, or an applicant for citizenship, a graduate of a veterinary school recognized and approved by the American Veterinary Medical Association and by the board, a person of good moral character and such other information and proof as the board may require. The application shall must be accompanied by a fee in the amount established by the board.
Sec. 14. 32 MRSA §4861, as amended by PL 1983, c. 48, §§4 and 5, is further amended by adding after the first paragraph a new paragraph to read:
An applicant who is not a graduate of a school of veterinary medicine accredited by the American Veterinary Medical Association must possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, unless the applicant is applying for licensure by endorsement and at the time the applicant became licensed in the state, province or territory from which the applicant is applying, an Educational Commission for Foreign Veterinary Graduates certificate was not required by this State.
Sec. 15. 32 MRSA §4861, 2nd ¶, as amended by PL 1979, c. 291, §5, is further amended to read:
If the board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next examination, or if the applicant is eligible for a license without examination under subsection 2, the board may forthwith grant him a license. If an applicant is found not qualified to take the examination or for a license without examination, the secretary of the board shall immediately notify the applicant in writing of such a finding and the grounds therefor. An applicant found unqualified may request a hearing on the question of his the applicant's qualifications under the procedure set forth in Title 5, Chapter chapter 375, subchapter IV.
Sec. 16. 32 MRSA §4861, sub-§1, as amended by PL 1983, c. 48, §4, is further amended to read:
1. Examinations. The board shall hold at least one examination during each year and may hold such additional examinations as are necessary. The secretary shall give public notice of the time and place for each examination reasonably in advance of the date set for the examination. A person desiring to take an examination shall make application at least 45 days before the date of the examination.
The preparation, administration and grading of examinations shall be is governed by regulations rules prescribed by the board.
After each examination, the secretary shall notify each examinee of the result of his the examination, and the board shall issue a certificate to each person successfully completing the examination. The secretary shall record the certificate and issue a license upon payment of the license fee. Any person failing an examination shall must be admitted to any subsequent examination on payment of the application fee.
Sec. 17. 32 MRSA §4861, sub-§2, as enacted by PL 1975, c. 477, §4, is repealed and the following enacted in its place:
2. Oral or practical examination. At its discretion, the board may orally or practically examine any person qualifying for licensure under this section. The examination may cover laws and rules relating to the practice of veterinary medicine.
Sec. 18. 32 MRSA §4861, sub-§5 is enacted to read:
5. Licensure by endorsement. The board shall grant a license by endorsement to a veterinarian who:
A. Has submitted a complete application;
B. Has paid the application and license fees established by the board;
C. Is licensed in good standing in another state, United States territory or province of Canada or, if an applicant does not meet the definition of good standing, as established by the board, the applicant shall provide, to the satisfaction of the board, that the applicant is qualified for licensure in the State and may practice under the restrictions and limitations on that license, and those limitations, if any, may include conditions of probation before the issuance of a license;
D. Has passed the National Board of Examination and the Clinical Competency Test as prepared under the authority of the National Board of Examination Committee for Veterinary Medicine or its predecessor organization, the National Board of Veterinary Medical Examiners or a subsequent national licensing examination prepared under the authority of the National Board of Examination Committee for Veterinary Medicine or the American Association of Veterinary State Boards, or an equivalent examination as established by the board unless, at the time the applicant became licensed in the state, province or territory from which the applicant is applying, the National Board Examination, Clinical Competency Test or subsequent examination prepared under the authority of the National Board of Examination Committee for Veterinary Medicine was not required in this State in which case the applicant need only have passed whatever national licensing examinations were required of entry level licensees in the State at the time;
E. Has actively practiced clinical veterinary medicine for 3,000 hours during the 3 years preceding application; and
F. Has successfully completed an examination, established by the board, covering the laws and rules pertaining to the practice of veterinary medicine in the State.
Sec. 19. 32 MRSA §4862, as enacted by PL 1975, c. 477, §4, is amended to read:
§4862. Status of persons currently licensed
Any person holding a valid license to practice veterinary medicine in this State on the date this chapter becomes effective shall must be recognized as a licensed veterinarian and shall be is entitled to retain this status so long as he the licensee complies with this chapter, including annual renewal of the license within 30 days of notification of its being due.
Sec. 20. 32 MRSA §4863, as amended by PL 1991, c. 509, §25, is further amended to read:
All licenses expire annually on December 31st, or other such date as the commissioner may designate, and may be renewed by registration with the board and by payment of a renewal fee established by the board. At least 30 days prior to the annual renewal date, the Department of Professional and Financial Regulation shall mail a notice to each licensed veterinarian licensee and registrant that the license or registration will expire on the renewal date and provide a renewal application form for reregistration. The department shall issue a renewal certificate to all persons registering under this chapter.
Licenses may be renewed reinstated up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. A person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of the expiration. In addition, the board may levy penalties for nonrenewal.
By rule the board may waive the payment of the registration renewal fee of a licensed veterinarian during the period when that veterinarian is on active duty with any branch of the Armed Services of the United States, not to exceed the longer of 3 years or the duration of a national emergency.
Sec. 21. 32 MRSA §4864, first ¶, as repealed and replaced by PL 1977, c. 694, §641, is amended to read:
The board on its own motion or upon complaint made to it, may hold a hearing to determine whether or not violations of this chapter or the standards for the practice of veterinary medicine adopted by the board have been violated. Hearings conducted under this section shall be considered are "adjudicatory proceedings" and shall must be conducted in accordance with the provisions of Title 5, chapter 375, subchapter IV. The board shall have has the authority to issue subpoenas subject to the provisions of Title 5, section 9060. If the board considers a licensee has committed any of the acts set forth in this section, it shall either report its findings to the Attorney General for prosecution in the Administrative Court for suspension or revocation in accordance with Title 4, chapter 25, or place the licensee on probation for a certain period of time during which the licensee shall file periodic affidavits of his the licensee's practice in accordance with the standards set by the board, or censure, by letter, the licensee. The following acts are grounds for disciplinary action by the board or for revocation or suspension by the Administrative Court:
Sec. 22. 32 MRSA §4864, sub-§11, as enacted by PL 1975, c. 477, §1, is amended to read:
11. Unprofessional conduct. Unprofessional conduct, as defined in the rules and regulations of the board, which shall include includes, but is not limited to, the following:
A. Advertising in any manner considered by the board to be false, misleading or otherwise deemed unprofessional;
B. Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of veterinary medicine;
C. Refusing to divulge to the board upon demand, the means, method, device or instrumentality used in the treatment of a disease, injury, ailment or infirmity of any animal; or
D. Fraud or dishonesty in the application or reporting of any test for disease in animals or making a false report of any contagious or infectious disease;
Sec. 23. 32 MRSA §4864, sub-§12, as amended by PL 1979, c. 291, §9, is further amended to read:
12. Unauthorized associations. A veterinarian shall may practice only in an individual capacity under his that veterinarian's own name or in association with a licensed practitioner of veterinary medicine or professional association. The following shall be are deemed unauthorized associations:
A. Association for the joint practice of veterinary medicine with any person, corporation or partnership not licensed to practice veterinary medicine;
B. Knowingly aiding and abetting in the practice of veterinary medicine any person not licensed to practice in this State;
C. The lending, leasing or in any other manner placing of one's certificate of registration or license at the disposal of or in the service of any other person not licensed to practice veterinary medicine in this State; and
D. The continuance of a veterinarian directly or indirectly in the employ of or in association with any veterinarian after knowledge that such veterinarian is engaged in the violation of the provisions of this chapter.; or
Sec. 24. 32 MRSA §4865-A, sub-§10, as amended by PL 1993, c. 404, Pt. A, §12, is further amended to read:
10. Unprofessional conduct. Unprofessional conduct, as defined in the rules and regulations of the board, which shall include includes, but is not limited to, the following:
A. Knowingly making any false or fraudulent statement, written or oral, in connection with the treatment or care of animals as defined in section 4866;
B. Refusing to divulge to the board upon demand, the means, method, device or instrumentality used in the treatment of a disease, injury, ailment or infirmity; or
C. Fraud or dishonesty in the application or reporting of any test for disease in animals, or making a false report of any contagious or infectious disease or while performing any other duties of a registered veterinary technician.
Sec. 25. 32 MRSA §4866, as amended by PL 1993, c. 404, Pt. A, §13, is further amended by repealing the section headnote and inserting in its place the following:
§4866 . Duties of veterinary technicians and animal health assistants
Sec. 26. 32 MRSA §4866, first ¶, as enacted by PL 1993, c. 404, Pt. A, §13, is amended to read:
An animal health assistant may, under the direct supervision of a licensed veterinarian or a registered veterinary technician, perform duties of an animal health care nature. The duties do not include diagnosing, making prognoses, performing surgery, reading or interpreting laboratory tests or prescribing or initiating treatment.
Sec. 27. 32 MRSA §4871, sub-§2, as enacted by PL 1975, c. 477, §4, is amended to read:
2. Adopt rules. Adopt regulations rules, when deemed determined necessary, that require veterinarians in this State to present evidence to the board that they have complied with the requirements of continuing education for relicensure.
Sec. 28. 32 MRSA §4872, as amended by PL 1979, c. 291, §12, is further amended to read:
§4872. Disposal of abandoned animals
Any veterinarian may dispose of any animal he the veterinarian has reason to believe has been abandoned in his the veterinarian's establishment, provided he shall give if the veterinarian gives notice of his the veterinarian's intention to do so to the owner at his the owner's last known address by registered or certified mail, return receipt requested and shall allow allows a period of 5 days to elapse after the receipt is returned before disposing of such animal; but if the owner cannot can not be located at such that address, the veterinarian shall give such the notice by publication in a newspaper having a circulation in the town in which such the owner was last known to reside, and shall allow a period of 10 days to elapse after such the publication before disposing of such the animal. The animal shall be deemed is considered abandoned if the owner was not located by registered mail or notice by publications and did not reply in person or by mail within the time periods outlined stating his the owner's intent to claim the animal.
Effective September 19, 1997, unless otherwise indicated.
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