Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 2440, Apr. 23 | Printed Page 2460, Apr. 23 |

Printed Page 2450 . . . . . Tuesday, April 23, 1996

one of whom must be a veterinarian from the State at-large, and six of whom must be veterinarians representing each of the six congressional districts in which they reside all of whom must be appointed by the Governor. Members must have resided in South Carolina no less than five years to be eligible to serve on the board. The terms of the members are for six years and until successors are appointed and qualify. A member may serve no more than two terms which may not be consecutive.

(B) The board shall conduct elections for each congressional district from which the two candidates with the greatest number of votes must be submitted to the Governor.

(C) The consumer advocate member may not vote on examination for licensure of veterinarians.

Section 40-69-50. (A) The board shall meet at least twice a year and at other times as may be ordered by the chairman. A majority of the appointed members of the board constitutes a quorum. The board shall hold elections for its officers each year. No member may serve more than two terms as chairman.

(B) The files and records of the board must be kept by the Department of Labor, Licensing and Regulation and are subject to being audited or examined at any time by authorized authorities of the State.

Section 40-69-60. The powers and duties of the board include, but are not limited to:

(1) promulgating regulations, pursuant to the Administrative Procedures Act, governing the practice of veterinary medicine as are necessary to enable the board to carry out and make effective the purpose and intent of this chapter. Regulations shall include minimum standards for all facilities where veterinary medicine is practiced and minimum standards for continuing education for relicensure and requirements for the sale and dispensing of prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws;

(2) promulgating in regulation rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the profession of veterinary medicine. In prescribing these rules of professional conduct, the board may be guided by the principles of veterinary medical ethics adopted by the American Veterinary Medical Association and the South Carolina Association of Veterinarians;

(3) printing and distributing its regulations to persons licensed to practice veterinary medicine in this State;

(4) initiating judicial proceedings for the enforcement of this chapter or regulations promulgated pursuant to this chapter;


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(5) establishing qualifications for persons wishing to be licensed to practice veterinary medicine;

(6) passing upon the qualifications of applicants for a license to practice veterinary medicine in this State;

(7) prescribing the subjects and character of examinations and the manner, time, and place of holding examinations and the form and filing of applications for examinations and conducting the examinations;

(8) issuing temporary permits or licenses to qualified applicants;

(9) providing for and regulating the renewal of licenses and requiring persons licensed in accordance with this chapter to renew their license annually;

(10) conducting investigations and hearings upon complaints and alleged violations;

(11) taking testimony on any matter under the board's jurisdiction and administering oaths;

(12) issuing summons and subpoenas, including subpoenas duces tecum, for any witness, in connection with any matter within the jurisdiction of the board, and these must be signed by the chairman or the administrator of the board;

(13) inspecting licenses.

Section 40-69-70. The following fees are required for individual applications, examinations, and renewal of licenses are payable in advance to the South Carolina Board of Veterinary Medical Examiners:

Veterinarian

(1) Application for license. . . . .$100.00

(2) Temporary permit. . . . .$100.00

(3) Intern permit. . . . .$ 50.00

(4) License renewal by December 31. . . . .$ 50.00

(5) Lapsed license:

(a) Less than 12 months. . . . .$100.00

(b) more than 12 months but less than 2 years. . . . .$200.00

(c) more than 2 years but less than 3 years. . . . .$300.00

(d) more than 3 years. . . . .Apply for new license

(6) Duplicate license. . . . .$ 15.00

(7) Administration Fee. . . . .$100.00

(8) License verification. . . . .$ 5.00

Animal health technician

(1) Application for license. . . . .$ 25.00

(2) Temporary permit. . . . .$ 10.00

(3) License renewal by December 31. . . . .$ 20.00


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(4) Lapsed license:

(a) Less than 12 months. . . . .$ 25.00

(b) more than 12 months but less than 2 years. . . . .$ 50.00

(c) more than 2 years but less than 3 years. . . . .$ 75.00

(d) more than 3 years. . . . .Apply for new license

(5) Duplicate license. . . . .$ 15.00

(6) Administration Fee. . . . .$ 50.00

(7) License verification. . . . .$ 5.00

Section 40-69-80. (A) The board shall hold at least one examination during each calendar year for veterinarians. The requirements for a license to practice veterinary medicine requires passing the examinations administered by the South Carolina Board of Veterinary Medical Examiners. The examination must be a written examination on the Veterinary Medical Practice Act and regulations and a practical or oral examination may be administered by the board.

(B) A person desiring to be licensed as a veterinarian may apply to the board to take the licensure examination. Applications must be filed with the board a minimum of thirty days before a scheduled examination. Applications and accompanying documents are valid for one year from the initial application date. After one year a new application with attendant documents and appropriate fees must be submitted. The board may receive applications from senior students at accredited veterinary schools, however an application is not complete until the applicant furnishes proof of graduation and other information as provided for in this chapter and regulations promulgated by the board. Applications must include:

(1) A certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association (AVMA). A graduate of a veterinary medical school outside the United States and Canada is required to have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof that the certification was granted after December 31, 1972. A graduate of a school outside the United States and Canada which is accredited by the AVMA after 1977 at the time of graduation is exempt from this requirement.

(2) A senior student must submit an attested letter from the accredited veterinary medical college establishing the applicant's senior status as of the date of the state examination.

(3) A certified copy of national board examination results is required. An applicant must achieve a minimum score of equal to or above 1.25 standard deviation units below the average score of criterion


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group candidates if taken before December, 1992, or the criterion referenced passing score if taken after December, 1992.

(4) A certified copy of the Clinical Competency Test must be current within five years of the date of the application with a minimum score of 350 if taken before December, 1992, or the criterion referenced passing score if taken after December, 1992. This requirement may be waived if the applicant submits verification of:

(a) having held for a minimum of three years immediately preceding application, a valid, unsuspended, and unrevoked license to practice veterinary medicine issued after examination by another state which has education and examination requirements substantially equivalent to those required by South Carolina; and

(b) three full years of active, continuous clinical practice immediately preceding the examination; or

(c) having passed the American Veterinary Medical Association recognized board certification examination in any field of veterinary medicine.

(5) Verification is required from each state, active or inactive, in which the applicant is or has been licensed.

(6) One recent passport type photograph taken within the last six months before application filing.

(7) A nonrefundable certified check or money order.

(C) A candidate must obtain a passing score of no less than seventy percent on the South Carolina examination.

(D) An application may be denied if the applicant has committed an act which indicates that the applicant does not possess the character and fitness to practice veterinary medicine, including an act that would be grounds for disciplinary action under this chapter or Chapter 1 against a licensed veterinarian.

(E) An applicant who fails the South Carolina Board examination may be reexamined by submitting an application to the board and paying the appropriate nonrefundable examination fee to be received no less than thirty days before the next scheduled examination.

(F) A temporary permit may be issued to an examination applicant who:

(1) has filed an application with the board no less than thirty days before the next scheduled examination;

(2) has provided a certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association (AVMA). A graduate of a veterinary medical school outside the United States and Canada is required to have


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certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof that the certification was granted after December 31, 1972. A graduate of a school outside the United States and Canada which is accredited by the AVMA after 1977 at the time of graduation is exempt from this requirement;

(3) pays the nonrefundable required fee;

(4) is a holder of a current and valid license to practice veterinary medicine in another state, verified by the state, has been practicing for a period of no less than ninety days immediately preceding filing the application, and is employed and under the immediate supervision of a South Carolina veterinarian, verified in writing and received by the board showing the name, location of practice, and anticipated start date of employment.

A temporary permit entitles the applicant to practice only until the board has acted upon the applicant's application for permanent license after the applicant completes the next regularly scheduled examination. A temporary permit is not renewable; however, the board may renew a temporary permit until the next scheduled examination if a person is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control.

Section 40-69-82. (A) The board shall hold at least one examination during each calendar year for animal health technicians. To obtain a license to practice as an animal health technician a person must pass the examinations administered by the South Carolina Board of Veterinary Medical Examiners. The examination shall be a written examination on the Veterinary Medical Practice Rules and Regulations, supplemented by a practical or oral examination at the discretion of the board.

(B) A person desiring to be licensed as an animal health technician may apply to the board to take the licensure examination. Applications must be filed with the board no less than thirty days before a scheduled examination. Applications and accompanying documents are valid for one year from the initial application date. After one year a new application, with attendant documents and appropriate fees must be submitted. Applications must include:

(1) a certified copy of the applicant's transcript, indicating animal health technician degree, by a college accredited by the American Veterinary Medical Association;

(2) a certified copy of national board examination results achieving the criterion-referenced passing score in effect at the time of examination;

(3) a verification required from each state, active or inactive, in which the applicant is or has been licensed;


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(4) one recent passport type photograph taken within the last six months before application filing;

(5) a nonrefundable certified check or money order.

(C) An application may be denied if the applicant has committed an act that would be grounds for disciplinary action under this chapter against a licensed animal health technician.

(D) A temporary permit may be issued to an examination applicant who has submitted:

(1) an application submitted to the board at least thirty days before the next scheduled examination;

(2) a certified copy of the applicant's transcript, indicating animal health technician degree, by a college accredited by the American Veterinary Medical Association;

(3) a certified copy of national board examination results achieving the criterion-referenced passing score in effect at the time of examination.

(4) a current and valid animal health technician license in another state verified from each state, active or inactive, in which the applicant is or has been licensed;

(5) one recent passport type photograph taken within the last six months before application filing;

(6) a nonrefundable certified check or money order;

(7) evidence of employment by a South Carolina veterinarian, verified in writing and received by the board showing the name, location of practice, and start date of employment.

(E) A temporary permit entitles the applicant to practice only until the board has acted upon the application for permanent license after the applicant completes the next regularly scheduled examination. A temporary permit is not renewable; however, the board may renew a temporary permit until the next scheduled examination if a person is unable to attend the examination due to extreme circumstances beyond his control.

(F) An applicant who fails the South Carolina Board examination may be reexamined by submitting an application to the board office and paying the appropriate nonrefundable examination fee no less than thirty days before the scheduled examination.

(G) A candidate must obtain a passing score of no less than seventy percent on the South Carolina examination in order to be certified as an animal health technician.

Section 40-69-84. (A) A senior veterinary student or an unlicensed veterinary graduate who has not practiced for a period of ninety days shall complete a ninety day internship under the supervision of a licensed


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veterinarian in good standing in any state, territory, or district of the United States or Canada.

(B) The supervising veterinarian shall submit a certification form stating that the applicant has satisfactorily completed the internship. The form is available upon request from the board office. A supervising veterinarian shall notify the board in writing immediately upon the termination of the student or graduate.

(C) An applicant may complete the internship by obtaining an intern permit from the board office. The intern permit, verified in writing and received by the board showing the name, location of practice and anticipated start date of employment, allows the applicant to practice under the immediate supervision of a licensed South Carolina veterinarian in good standing with the board.

(D) A supervising veterinarian is fully responsible for all practice by a student or graduate during the period of supervision and is subject to disciplinary action for a violation of this chapter or Chapter 1 by the student or graduate.

(E) A student or graduate shall identify himself or herself as an intern before practicing veterinary medicine.

Section 40-69-86. A veterinary intern permit may be issued to an examination applicant who:

(1) has filed an application with the board no less than thirty days before the next scheduled examination;

(2) has submitted an attested letter from the accredited veterinary medical college establishing senior status as of the date of the state examination. A graduate must provide a certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association (AVMA). A graduate of a veterinary medical school outside the United States and Canada must have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof of the certification being granted after December 31, 1972. A graduate of a school outside the United States and Canada which is accredited by the AVMA after 1977 at the time of graduation is exempt from this requirement;

(3) pays the nonrefundable required fee;

(4) is employed and under the immediate supervision of a board approved South Carolina veterinarian, verified in writing and received by the board showing the name, location of practice, and anticipated start date of employment.

A veterinary intern permit is not renewable and entitles the applicant to practice only until the board has acted upon the application for permanent


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license, completes the intern program, and completes the next regularly scheduled examination. However, the board may renew an intern permit until the next scheduled examination if a person is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control.

Section 40-69-90. (A) Veterinary practice may be by sole practitioners, partnerships, or registered corporations. Only licensees may be partners in a partnership of veterinary practice.

(B) No corporation may do any act which an individual licensee is prohibited from doing, and every corporation practicing veterinary medicine is subject to all regulations applicable to individual or partnership practice and is subject to all disciplinary powers of the board. The services of veterinary corporation must be limited to veterinary services and `such services as may be ancillary thereto' as provided in Section 40-69-30.

(C) The standard professional title for an individual or firm practice must be the proper name or names of some or all of the individual licensees who are partners, principals, or employed veterinarians of the firm or corporation. All practice names must have prior board approval in order to avoid duplication or confusion of firm names and to prevent use of names which might be misleading. No proper name of a person other than a licensee may be included in the office title or designation.

(D) The use of the title `veterinarian' is permitted only to a graduate veterinarian or the approved name of a partnership or of a corporation. Plural titles, (proper names), may be used only in reference to two or more licensees who are partners, officers, or employed veterinarians of the firm or corporation.

The use of board certification designations is limited to veterinarians who have been certified by an American Veterinary Medical Association (AVMA) recognized board certification organization. A veterinarian may not advertise or use a specialty designation without an AVMA recognized board certification.

A person holding a certificate of registration or a license, permit, or other authority to practice veterinary medicine or to practice as an animal health technician in this State shall file his or her current mailing address with the board at its principal office and immediately shall notify the board at its principal office within thirty days of any and all changes of mailing address.

A veterinarian licensed to practice in this state conspicuously shall display at their primary place of practice a valid South Carolina license and a current license renewal certificate, at their primary place of


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business. The board also may issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee set by regulation of the board. A duplicate license must have the word `Duplicate' typed or printed across the face.

(E) A veterinarian has a responsibility to provide services which would include long-term hospitalization, surgery, radiology, and emergency services when it is necessary to relieve suffering, save life, and provide for the welfare of animals. If a veterinarian cannot always provide this full range of veterinary services, the veterinarian shall make referrals and join with colleagues in the area to see that this range of services is provided.

(F) A veterinarian-client-patient relationship is characterized by:

(1) the veterinarian assuming the responsibility for making medical judgements regarding the health of animals and the need for medical treatment and the client, owner, or other caretaker agreeing to follow the instructions of the veterinarian;

(2) the veterinarian possessing sufficient knowledge of animals to initiate at least a general or preliminary diagnosis of the medical condition of an animal which is evidenced by the veterinarian having recently seen and being personally acquainted with the keeping and care of the animal and has examined the animal or made medically appropriate and timely visits to the premises where the animal is kept;

(3) the practicing veterinarian being readily available for follow-up if the animal has an adverse reaction or the regimen of therapy fails.

Section 40-69-100. (A) A licensee shall apply for license renewal within thirty days after December thirty-first of each calendar year. The application shall include a renewal fee and the current name and address of the applicant and additional information as may be requested by the board. Failure to apply for renewal within thirty days results in automatic revocation of the license and a person who practices veterinary medicine after the revocation is practicing in violation of this chapter or Chapter 1.

The application for renewal of a lapsed license at any time within three years from the date of revocation must include payment of the prescribed renewal fee and an administration fee as prescribed by the board. Practice after revocation and before renewal is in violation of this Section and cause for disciplinary action as set forth in Section 40-1-140. After three years, reapplication for licensure must be made and an applicant must meet the requirements in effect at the time of application for a new license. Additionally, the board may require payment of all sums due in addition to the administration fee.


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(B) All active and inactive licenses are valid for no more than two years, and the licensees shall renew the license whether or not a notice is received. To implement a biennial license renewal system:

(1) at the beginning of the first renewal period following July 1, 1996, one-half of all licenses must be renewed for a period of one year and thereafter will be renewed biennially;

(2) at the beginning of the same renewal period as in (1), the remaining one-half of all licenses must be renewed for two years;

(3) initial term for new licenses issued expire after December thirty-first after the end of the second year subsequent to the date of issue.

The holder of an individual license shall renew the license on a date designated by the board and shall pay the renewal fee and furnish proof to the board that the holder of the license has completed continuing education approved by the board.

Section 40-69-110. (A) As a prerequisite for renewal of a veterinary practitioner's license, a veterinarian must complete a minimum of fifteen contact hours and an animal health technician must complete five hours of continuing education by December thirty-first each year. Failure to satisfy this requirement results in automatic revocation of the license and a person who practices veterinary medicine after revocation is practicing in violation of this section. The continuing education requirement is waived for a licensed practitioner for the year in which the practitioner is first licensed.

(B) Credit hours may be earned through:

(1) programs offered by the American Veterinary Medical Association (AVMA), American Association of Animal Hospitals (AAHA), the South Carolina Veterinary Medical Association (SCVMA), state association-sponsored academies or AVMA recognized specialty boards, and approved schools of veterinary medicine must be approved under a blanket approval;

(2) other programs as may be approved by the board and submitted by written request to the board by the sponsor.

(C) Of the fifteen required hours, no more than four hours may be taken in practice management or practice building, and the remaining eleven hours must be in clinical medical courses.

(D) A provider or sponsor of continuing education must be approved by the board. A sponsor seeking approval for an educational program must submit a written request to the board at least ninety days before the scheduled date of the presentation.

Programs offered by the American Veterinary Medical Association (AVMA), American Association of Animal Hospitals (AAHA), the South


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