(2) using a false, fraudulent, or forged statement or document or a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

(3) failing to display a license;

(4) having caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

(5) misrepresenting the inspection of food for human consumption;

(6) using a false or fraudulent statement in a document connected with the practice of veterinary medicine;

(7) obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

(8) failing to provide and maintain facilities as directed by regulation of the board;

(9) refusing to permit the board or a legal representative of the board to inspect the business premises of the licensee during regular business hours;

(10) circulating knowingly untrue, fraudulent, misleading, or deceptive advertising;

(11) engaging in unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct, as defined in this article or prescribed by regulations of the board;

(12) engaging in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

(13) making a false statement in an oath or affidavit which is required by this article;

(14) having another state revoke a license to practice veterinary medicine in that state;

(15) being convicted on a charge of cruelty to animals;

(16) being convicted of a federal or state law relating to narcotic drugs;

(17) having a physical or mental impairment or disability which renders practice dangerous to the public;

(18) performing an act which in any way assists a person to practice in violation of this article;

(19) misusing a controlled substance for other than specific treatment of an animal patient;

(21) practicing veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

(22) having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(23) failing to report, as required by law, or making a false report of a contagious or infectious disease;

(24) being convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction.

Section 40-69-150. Any person, including the Board, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against any person licensed to practice veterinary medicine by this article.

The charges must be made to the Board, in writing, and sworn to by the person so charging and must be submitted to the secretary-treasurer of the Board. Specific procedures relating to the filing and hearing of these charges shall conform to the State Administrative Procedures Act and must be detailed in the regulations promulgated by the Board.

Any person who feels aggrieved by any action of the board in denying, suspending, refusing to renew, or revoking his certificate of registration or license may appeal therefrom to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 within thirty days after receipt of the order of the board.

Section 40-69-160. The Board may reissue a license to or reinstate the license of a person whose license was previously revoked or suspended if a majority of the members of the Board vote in favor of such reissuance or reinstatement. The Board may assess a reinstatement or reissue fee as set by regulation of the Board.

Section 40-69-170. All persons licensed to practice veterinary medicine by the Board shall conspicuously display in the place of practice at all times a current license issued by the Board.

Section 40-69-190. The Board shall make an annual report in accordance with the provisions of Chapter 73 of Title 40.

Section 40-69-200. Any person who practices or attempts to practice veterinary medicine for consideration in this State without first having complied with the provisions of this article, or who knowingly presents to or files false information with the Board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred nor more than twenty-five hundred dollars or imprisonment for not less than thirty days. Each act of unlawful practice shall constitute a separate offense.

Section 40-69-210. Whenever the board has reason to believe that any person is violating or intends to violate any provision of this article, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it deems proper. No bond must be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

No member of the board or its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this article, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry.

Section 40-69-220. No person shall engage in the practice of veterinary medicine in this State without a current and valid license for that purpose issued by the Board. Nothing in this article must be construed to prohibit:

(1) Any person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research.

(4) Any person or his regular employee from administering to his own animals, except when his ownership is so vested for the purpose of circumventing the provisions of this article and except when the employee is so employed for the purpose of circumventing the provisions of this article. However, the administration to the animal must be in compliance with all federal, state, and local laws.

(5) State or federal agencies, accredited schools, research institutions, foundations, corporations or employees thereof, which or who conduct experiments and scientific research using animals, provided the research or testing is performed in compliance with all federal, state, and local laws.

(6) Any person from performing artificial insemination to animals.

(7) Initiation of prescribed emergency procedures in life threatening situations by an animal health technician employed by a licensed veterinarian.

(8) Any merchant from selling at his regular place of business medicines, feed, appliances, or other animal health products provided all sales are done in compliance with all federal, state, and local laws and in accordance with the regulations promulgated by the Board.

Section 40-69-410. For purposes of this article:

(1) "Animal Health Technician" means a person who has received a degree in Animal Health Technology from an American Veterinary Medical Association accredited school offering a program in Animal Health Technology; this person shall be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the Animal Health Technician shall be under the direct supervision of a veterinarian duly licensed to practice in the State of South Carolina. No Animal Health Technician may diagnose disease, perform surgery, or prescribe medicine.

(2) "Direct supervision" means the guidance of the activities of the Animal Health Technician within the scope of the instructions of the licensed veterinarian in charge of the care of the animal.

Section 40-69-420. (A) The powers and duties of the board shall include but not be limited to:

(1) promulgate regulations governing the Animal Health Technician as are necessary to enable it to carry out and make effective the purpose and intent of this article.

(2) adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity and skills relating to the Animal Health Technician.

(3) print its regulations and distribute them to all certified Animal Health Technicians.

(4) establish qualifications for persons wishing to be certified as an Animal Health Technician.

(5) pass upon the qualifications of applicants for a certificate to work as an Animal Health Technician in this State.

(6) prescribe the subject, character, manner, time and place of holding examinations and the filing of applications for examinations and to conduct the examinations.

(7) issue temporary certificates to duly qualified applicants.

(8) provide for, regulate and require all persons certified in accordance with the provisions of this article; to renew their certificate annually; to issue annual renewal certificates to such persons and to suspend or revoke the certificates to such persons who fail, refuse or neglect to renew such certificate.

(9) inspect certificate.

(B) The powers and duties of the board as provided in items (4), (11), (12), (13), (16), and (17) of Section 40-69-70 shall also apply to Animal Health Technicians.

Section 40-69-430. (A) A person wishing to work as an Animal Health Technician in this State shall obtain a certificate from the board. Unless a person obtains a certificate, it is unlawful to work as an Animal Health Technician as defined in this article.

(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is a graduate of an American Veterinary Medical Association accredited school of animal technology;

(1) meets all the qualifications and requirements of Section 40-69-430;

(2) has filed an application to take the examination;

(3) pays a temporary certificate fee which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act; this fee is in addition to the examination fee.

(B) A temporary certificate shall permit the applicant holder to work as an Animal Health Technician until the next regularly scheduled examination. Temporary certificates may not be renewed. However, a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary certificate renewed until the board is able to act on the application after the person completes the required examination.

Section 40-69-450. (A) A person desiring to take the examination for certification shall apply in writing to the board on forms prescribed by the board at least fourteen days before the examination. The fee accompanying an application must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act.

(B) Fees may not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a certificate. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C) After the board accepts an application and finds that the applicant is qualified to meet the requirements necessary to work as an Animal Health Technician, the applicant may be examined by the board at its next meeting. The board shall give notice to the applicant of the exact time and place of the examination.

Section 40-69-470. The board may issue a certificate, without written examination, to a qualified applicant who is certified as an Animal Health Technician in another state if the applicant furnishes satisfactory proof that he is a graduate of an American Veterinary Medical Association Accredited School of Animal Health Technology, is in good standing in his respective state, and holds a current certificate to work as an Animal Health Technician in that state.

The board is authorized to enter into reciprocal certifying agreements with other states having similar certifying requirements and the board may certify, without written examination, any person working as an Animal Health Technician in such other states.

Section 40-69-480. (A) The holder of a certificate must apply on January first of each year for renewal of certification. Renewal applications must be provided by the board thirty days before January first of each year. A completed application must be accompanied by an annual fee, the amount of which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act, and made payable to the secretary-treasurer of the board. If the completed application and fee is not submitted by February fifteenth of each year, a late renewal fee penalty set by the board in regulation, will be added to the annual fee. If the completed application and renewal fee is not received by March fifteenth of each year, certification of the holder will be revoked and the holder shall file for reexamination for certification. The application for renewal must be endorsed by a licensed veterinarian of this State and must include sufficient proof of continuing education as required by the board in the regulations.

(B) The board may issue a duplicate certificate to replace one that has been lost or destroyed upon payment of an amount to be set by the board in regulation. A duplicate certificate must have the word "DUPLICATE" typed or printed across the face of the certificate.

(2) Fraud or deceit in procuring certification as an Animal Health Technician;

(3) Performing tasks otherwise than under the direct supervision of a licensed veterinarian;

(4) Conviction in any court, state or federal, of any felony;

(5) Representing himself or permitting another to represent him as a Doctor of Veterinary Medicine;

(6) Conviction on a charge of cruelty to animals;

(7) Violation of the code of conduct as adopted by the board;

(8) Any conduct in violation of this article.

Section 40-69-500. No action to deny, revoke, or suspend a certificate of an Animal Health Technician may be taken until the person has been furnished a statement of the charges against him by the board. Preferring of charges, hearings, appeals, and reinstatements shall be conducted by the board as stated in Section 40-69-150.

Section 40-69-510. A complete roster that shows all the names and places of employment of Certified Animal Health Technicians in this State must be prepared annually by the board by April fifteenth of each year. This list must be filed with the secretaries of the South Carolina Association of Veterinarians and South Carolina Certified Animal Health Technician Association.

All persons certified as an Animal Health Technician must display in his place of employment at all times his current certificate issued by the board.

Section 40-69-520. Any person who works as an Animal Health Technician without first having complied with the board as provided by this article, or who knowingly presents to or files false information with the board for the purpose of obtaining a certificate, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or imprisoned for not less than thirty days.

Section 40-69-530. Any person previously issued a certificate to work as an Animal Health Technician on or before August 1, 1981, by the South Carolina State Board of Veterinary Medical Examiners shall, upon payment of the required fee, be issued a certificate by the board.