H 4785 Session 111 (1995-1996)
H 4785 General Bill, By C.C. Wells
A Bill to amend Chapter 69, Title 40, as amended, Code of Laws of South
Carolina, 1976, relating to the licensure and regulation of veterinarians, so
as to revise the Chapter to conform to a uniform framework for the
organization and operation of professional and occupational boards.
03/20/96 House Introduced and read first time HJ-16
03/20/96 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-16
04/17/96 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-2
04/23/96 House Amended HJ-14
04/23/96 House Objection by Rep. Meacham, Kirsh, Neal, Simrill,
Moody-Lawrence, Dellaney, McCraw & Scott HJ-44
04/24/96 House Objection withdrawn by Rep. Scott HJ-342
05/01/96 House Recommitted to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-79
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
(P:\AMEND\BBM\10762AC.96)
(4785H.2)
April 23, 1996
H. 4785
Introduced by REP. Wells
S. Printed 4/17/96--H.
Read the first time March 20, 1996.
A BILL
TO AMEND CHAPTER 69, TITLE 40, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LICENSURE AND REGULATION OF VETERINARIANS, SO
AS TO REVISE THE CHAPTER TO CONFORM TO A
UNIFORM FRAMEWORK FOR THE ORGANIZATION AND
OPERATION OF PROFESSIONAL AND OCCUPATIONAL
BOARDS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 69, Title 40 of the 1976 Code is amended
to read:
CHAPTER 69
Veterinarians
ARTICLE 1
General Provisions
Section 40-69-10. It is declared that the practice of veterinary
medicine involves the public health, safety, and welfare. To protect
the public from being misled by incompetent, unscrupulous,
unqualified, and unauthorized practitioners, and from unprofessional
or illegal practices by persons licensed to practice veterinary
medicine, and to insure that every person engaged in the practice of
veterinary medicine meet minimum requirements, the practice of
veterinary medicine should be regulated in the interest of the health,
safety, and welfare of the citizens of South Carolina.
The General Assembly declares its intent that individuals who are
not normally competent to practice veterinary medicine or who
otherwise present danger to the public should be disciplined or
prohibited from practicing in this State.
Section 40-69-20. As used in this article, these words and
phrases have the following meanings unless the context clearly
indicates otherwise:
(1) "Animal" means any animal other than a
human, and includes fowl, birds, reptiles, and fish which are wild
or domestic, living or dead.
(2) "Board" means the South Carolina State Board
of Veterinary Medical Examiners.
(3) "Veterinary medicine" includes veterinary
surgery, obstetrics, dentistry, and all other branches or specialties of
veterinary medicine.
(4) "Practice of veterinary medicine" means:
(a) To diagnose, prescribe, or administer any drug,
medicine, biologic, appliance, or application or treatment of
whatever nature for the cure, prevention, or relief of any wound,
fracture, or bodily injury or disease of an animal;
(b) To perform any surgical operation, including cosmetic
surgery, upon any animal;
(c) To perform any manual procedure for the diagnosis or
treatment for sterility or infertility of animals, including embryo
transplants;
(d) To offer, undertake, represent, or hold oneself out as
being qualified to diagnose, treat, operate, or prescribe for any
animal disease, pain, injury, deformity, or physical condition;
(e) To use any words, letters, or titles in such connection or
under such circumstances as to induce the belief that the person
using them is engaged in the practice of veterinary medicine; this
use is prima facie evidence of the intention to represent oneself as
engaged in the practice of veterinary medicine.
(5) "Veterinarian" means a person who has
received a doctor's degree or equivalent in veterinary medicine.
(6) "Licensed veterinarian" means a person who is
licensed by law to practice veterinary medicine in this State.
(7) "School of veterinary medicine" means any
veterinary school or college that offers the DVM or equivalent
degree and whose course of study conforms to the standards
required for accreditation by the American Veterinary Medical
Association and approved by the Board.
(8) "License" means any permit, approval,
registration, or certificate issued by the Board.
(9) "Temporary permit" means temporary
permission to practice veterinary medicine issued pursuant to the
provisions of this chapter.
(10) "Direct supervision" means that a veterinarian
currently licensed to practice veterinary medicine in this State is
available on the premises and within immediate vocal
communication of the supervisee.
(11) "Unprofessional or unethical conduct"
includes, but is not limited to, any conduct of a character likely to
deceive or defraud the public, fraudulent, false, or deceptive
advertising which might mislead the public, obtaining any fee or
compensation by fraud or misrepresentation, sharing office space
with any person illegally practicing veterinary medicine, employing
either directly or indirectly any unlicensed person to practice
veterinary medicine or render any veterinary service except as
allowed by law, or the violation of any rule adopted by the Board
which provides for a code of professional ethics to be followed by
persons licensed under this article.
Section 40-69-30. (A) There is created the State Board of
Veterinary Medical Examiners to be composed of eight members,
one of whom must be a consumer advocate member from the State
at large, 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.Each veterinarian must be a resident
of the State of South Carolina and of the congressional district
which the veterinarian represents, licensed by the State, and
practicing. The consumer advocate member must be a resident of
the State.The terms of the members are for six years and until
successors are appointed and qualify. No member is allowed
successive terms of office.
(B) The veterinarian at large and the consumer advocate member
must be appointed by the Governor. The board shall conduct an
election to nominate two veterinarians from each congressional
district. The election shall provide for participation by all
veterinarians currently licensed and residing in the district for which
the nomination is being made. The names of the nominees must be
forwarded to the Governor by the board and the Governor may
appoint one of the nominees as the member; however, the Governor
may reject any or all of the nominees upon satisfactory showing of
the unfitness of those rejected. If the Governor declines to appoint
any of the nominees submitted, additional nominees must be
submitted in the same manner. Vacancies must be filled in the
manner of the original appointment for the unexpired portion of the
term.
(C) The consumer advocate member may not vote on
examination for licensure of veterinarians.
(D) The Governor may remove a member of the board who is
guilty of continued neglect of board duties or who is found to be
incompetent, unprofessional, or dishonorable. No member may be
removed without first giving the member an opportunity to refute
the charges filed against that member, who must be given a copy of
the charges at the time they are filed.
(E) If a board member is disqualified and the member's absence
results in the lack of a quorum or an adequate number of members
to perform official functions, the Governor may appoint an
individual to replace the member during the period of
disqualification. This individual shall meet the same qualifications
as the member being replaced and must take the same oath as
required of other members of the board.
Section 40-69-40. The Board shall organize by electing a
chairman, a vice-chairman, and a secretary-treasurer. The officers
of the Board shall hold office for terms of one year and until their
successors are elected and qualify. The Board shall meet at least
once a year and at such other times as may be ordered by the
chairman. Any action of the Board may be taken at any regular or
special meeting and a majority of the members of the Board shall
constitute a quorum.
Section 40-69-50. Each member shall receive the same per
diem, mileage, and subsistence as provided by law for members of
state boards, commissions, and committees for each day actually
engaged in the duties of office, including a reasonable number of
days for the preparation and reviewing of examinations in addition
to such time actually spent in conducting examinations.
Section 40-69-60. The secretary-treasurer of the Board shall
keep records of all the proceedings of the Board, shall receive and
account for all monies received by the Board, and shall keep a
register of licenses showing the dates of applications for licenses to
practice veterinary medicine. All licenses issued by the Board must
be numbered and recorded by the secretary-treasurer and, where a
license is denied by the Board to any applicant, the fact and
grounds for the denial must be entered in the minutes of the Board.
The time of issuance or denial of a license must be noted along
with the names of those Board members present and such file or
record must be open to public inspection. Where a license is
denied to an applicant or if a license is revoked or suspended, the
fact and ground of the action must be communicated in writing to
the applicant or holder of the license.
Information received by the Board through inspections and
investigations must be confidential and must not be disclosed except
in a proceeding involving the issuance, denial, renewal, suspension,
or revocation of a license.
Section 40-69-70. The powers and duties of the board must
include, but not be limited to, the following:
(1) To adopt and promulgate regulations, pursuant to the State
Administrative Procedures Act, governing the practice of veterinary
medicine as are necessary to enable it to carry out and make
effective the purpose and intent of this article. These regulations
may include minimum standards for all facilities where veterinary
medicine is practiced and minimum standards for continuing
education for relicensure;
(2) To adopt rules of professional conduct prior to July 1,
1993, appropriate to establish and maintain a high standard of
integrity, skills, and practice in the profession of veterinary
medicine. In prescribing such 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) To print its regulations and distribute them to all persons
licensed to practice veterinary medicine in this State;
(4) To bring proceedings in courts for the enforcement of this
article or any regulations made pursuant thereto;
(5) To establish qualifications for persons wishing to be
licensed to practice veterinary medicine;
(6) To pass upon the qualifications of applicants for a license
to practice veterinary medicine in this State;
(7) To approve schools and colleges of veterinary medicine
which maintain sufficient standards of training and reputability;
(8) To prescribe the subjects, character, manner, time, and
place of holding examinations and the filing of applications for
examinations and to conduct the examinations;
(9) To issue temporary permits or licenses to duly qualified
applicants;
(10) To provide for, regulate, and require all persons licensed
in accordance with the provisions of this article to renew their
license annually;
(11) To conduct investigations and hearings upon complaints
calling for discipline of a licensee or applicant for license;
(12) To take testimony on any matter under its jurisdiction and
to administer oaths;
(13) To issue summons and subpoenas, including subpoenas
duces tecum, for any witness, in connection with any matter within
the jurisdiction of the board, which must be signed by either the
chairman or the secretary-treasurer of the board;
(14) (RESERVED);
(15) To inspect licenses;
(16) To conduct investigations of all alleged violations;
(17) To prosecute according to law or instigate the prosecution
of all violators of this chapter;
(18) To adopt regulations for the sale and dispensing of
prescriptions and controlled veterinary drugs, pharmaceuticals, and
biologics in accordance with federal and state laws.
Section 40-69-80. (A) A person wishing to practice veterinary
medicine in this State shall obtain a license from the board. Unless
a person obtains a license, it is unlawful to practice veterinary
medicine as defined in this article. If a person practices without a
license that person is considered to have violated 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:
(a) is a graduate of a school or college of veterinary medicine
approved by the board or holds an Education Commission of
Foreign Veterinary Graduates Certificate;
(b) has paid the required fee.
Section 40-69-90. (A) The board may issue a temporary permit
to practice veterinary medicine to an applicant if the applicant meets
these qualifications:
(1) meets all qualifications and requirements of Section
40-69-80;
(2) has filed an application to take the examination;
(3) is located permanently at some designated place in the
State;
(4) pays a temporary permit fee which must be set by the
board in regulation promulgated in accordance with the
Administrative Procedures Act. This fee is in addition to the
examination fee;
(5) holds a current and valid license to practice veterinary
medicine in another state of the United States.
(B) An individual failing to pass the examination for a license in
this State must not be issued a temporary permit.
(C) The temporary permit entitles the holder to practice only
until the board has acted upon the application for a permanent
license after the applicant completes the next regularly scheduled
examination and is not renewable. Only one temporary permit may
be issued to a person. 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 permit renewed until the board is
able to act on the application after the person completes the
required examination.
Section 40-69-100. Any person desiring to take the examination
for license to practice veterinary medicine shall make application in
writing to the Board on forms prescribed by the Board at least
fourteen days before the examination. The application must be
accompanied by the examination fee which must be set by the
Board.
Fees must not be returned under any circumstances, regardless of
whether the applicant is accepted for examination, fails the
examination, withdraws his application, or is issued or denied a
license. If an applicant fails to take the examination for a
legitimate reason, the Board may allow him to take the examination
at a later date without having to pay another fee.
After the Board accepts the application and finds that the
applicant is otherwise qualified to meet the requirements necessary
to practice veterinary medicine, 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 40-69-110. The examination of applicants for licenses to
practice veterinary medicine must be conducted under regulations
adopted by the Board.
(1) The Board shall, except as otherwise provided herein,
require the applicant to take a written examination in veterinary
anatomy, veterinary surgery, veterinary physiology, veterinary
pathology, veterinary obstetrics, veterinary materia medica, and
veterinary practice, chemistry, and such other subjects related to
veterinary medicine as the Board may require, or the Board may
accept the results of the written examination conducted by the
National Board of Veterinary Examiners in lieu of requiring the
applicant to take a written examination given by the Board.
(2) The Board may also require that the applicant undergo a
clinical, oral, or practical examination in addition to the written
examination.
(3) The Board shall establish a minimum passing grade for
each examination given by the Board.
If the applicant makes the minimum passing grade on the
examination as established by the Board and the Board finds that
the applicant is otherwise worthy, competent, and qualified, it shall
issue him a license to practice veterinary medicine in this State.
Section 40-69-120. The Board must issue a license, without
written examination, to a qualified applicant who is licensed to
practice veterinary medicine in another state which has a reciprocal
licensing agreement with this State if the applicant furnishes
satisfactory proof that he is a graduate of an approved veterinary
college, is in good standing in his respective state, and holds a
license to practice veterinary medicine in that state. No person may
be licensed under this section except upon proof that he has taken
and passed a written examination in at least one of the states in
which he is licensed.
The Board shall enter into reciprocal licensing agreements with
other states having substantially equivalent licensing requirements.
Section 40-69-130. Each person licensed by the Board shall pay
an annual fee as determined by regulation of the Board. The fee is
due and payable on the first day of January of each year. Failure to
pay the annual fee on or before the first day of February of each
year shall render the license void. Upon a showing of a reasonable
explanation and payment of all sums due, the veterinarian may
petition for reinstatement. The Board may assess a reinstatement
fee as may be set by regulation.
The Board may also issue a duplicate license to replace one that
has been lost or destroyed upon payment of a fee set by regulation
of the Board. Each duplicate license shall have the word 'Duplicate'
typed or printed across the face thereof.
Section 40-69-140. The board may deny, suspend, revoke, or
restrict the license of a veterinarian or reprimand or discipline a
licensee for these reasons:
(1) violating this article or a regulation promulgated by the
board;
(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;
(20) having employed or permitted a person who does not hold
a license to practice veterinary medicine in this State to perform
work which, under this article, can lawfully be done only by a
person holding a license to practice veterinary medicine;
(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 40-69-180. All revenues and income from licenses,
examination fees, other fees, sale of commodities and services, and
income derived from any other Board source or activity must be
remitted to the State Treasurer as collected when practicable, but at
least once each week, and must be credited to the general fund of
the State. All assessments, fees, or licenses must be levied pursuant
to the State Administrative Procedures Act in an amount sufficient
or at least equal to the amount appropriated in the annual general
appropriations act for the Board, plus any additional funds allocated
by the Budget and Control Board for implementation of the state's
personnel compensation plan.
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.
(2) Any veterinarian holding a current and valid license in
some other state from acting as a consultant with a licensed
veterinarian of this State.
(3) Any veterinarian who is a member of the Armed Forces of
the United States or who is an employee of the United States
Department of Agriculture, the United States Public Health Service,
or other federal agency or the State of South Carolina or political
subdivision thereof from performing official duties in accordance
with his employment.
(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.
(3) "Certificate" means a written statement
acknowledging successful completion of the Animal Health
Technician Examination or other necessary requirements as issued
by the board.
(4) "Certified Animal Health Technician" means a
person who is certified by the board to work as an Animal Health
Technician.
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;
(3) has paid the required fee.
Section 40-69-440. (A) The board may issue a temporary
certificate if the applicant:
(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 40-69-460. (A) The examination of an applicant for
certification must be conducted under the regulations adopted by the
board. The board shall require the applicant to take a written
examination in Animal Anatomy, Clinical Pathology,
Pharmacology, Office Procedures, Radiology, Laboratory Animal
Technology, Parasitology, and such additional subjects relating to
Animal Health Technology as the board may require. The board
shall establish a minimum passing grade for each examination given
and shall hold at least one examination annually.
(B) If the applicant makes the minimum passing grade on the
examination established by the board and the board finds that the
applicant is qualified, it shall issue the applicant a certificate. An
applicant who fails to meet the minimum passing grade or fails to
maintain a current certificate may submit to reexamination at the
discretion of the board. Each applicant is entitled to at least one
reexamination.
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.
Section 40-69-490. The board may revoke suspend, deny, or
place on probation the certificate of an Animal Health Technician,
or impose any reasonable disciplinary action toward the Animal
Health Technician, who, in the opinion of the board, has committed
one or more of the following:
(1) Gross incompetence in connection with the performance of
the duties or tasks of the Animal Health Technician;
(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.
Section 40-69-540. Any person performing acts as a certified
Animal Health Technician in compliance with this article shall not
be deemed to be engaging in the practice of veterinary medicine as
defined in Section 40-69-20.
Section 40-69-10. There is created the South Carolina State
Board of Veterinary Medical Examiners to protect the public from
being misled by incompetent, unscrupulous, unqualified and
unauthorized practitioners of veterinary medicine for the protection
of the public health, safety and welfare. This purpose is achieved
through the establishment of minimum qualifications for entry into
the practice of veterinary medicine and through swift and effective
discipline for those practitioners who violate the applicable laws or
regulations.
Section 40-69-20. No person may be a practicing veterinarian
without a license or permit issued in accordance with this chapter.
Section 40-69-30. As used in this chapter, unless the context
clearly indicates otherwise:
(1) `Animal' means an animal other than a human and includes
fowl, birds, reptiles, and fish which are wild or domestic, living or
dead.
(2) `Board' means the South Carolina State Board of Veterinary
Medical Examiners.
(3) `Veterinary medicine' includes veterinary surgery, obstetrics,
dentistry, and all other branches or specialties of veterinary
medicine.
(4) `Practice of veterinary medicine' means to:
(a) diagnose, prescribe, or administer any drug, medicine,
biologic, appliance, or application or treatment of whatever nature
for the cure, prevention, or relief of a wound, fracture, or bodily
injury or disease of an animal;
(b) perform a surgical operation including cosmetic surgery
upon any animal;
(c) perform a manual procedure for the diagnosis or treatment
for sterility or infertility of animals, including embryo transplants;
(d) offer, undertake, represent, or hold oneself out as being
qualified to diagnose, treat, operate, or prescribe for any animal
disease, pain, injury, deformity, or physical condition;
(e) use any words, letters, or titles in such connection or
under circumstances as to induce the belief that the person using
them is engaged in the practice of veterinary medicine; this use is
prima facie evidence of the intention to represent oneself as
engaged in the practice of veterinary medicine.
(5) `Veterinarian' means a person who has received a doctor's
degree or equivalent in veterinary medicine.
(6) `Licensed veterinarian' means a person who is licensed by
law to practice veterinary medicine in this State.
(7) `School of veterinary medicine' means a veterinary school
or college that offers the D.V.M. or equivalent degree and whose
course of study conforms to the standards required for accreditation
by the American Veterinary Medical Association and approved by
the board.
(8) `License' means a permit, approval, registration, or
certificate issued by the board.
(9) `Temporary permit' means temporary permission to practice
veterinary medicine issued pursuant to this chapter.
(10) `Direct supervision' means that a veterinarian currently
licensed to practice veterinary medicine in this State is available on
the premises and within immediate vocal communication of the
supervisee. It also means the guidance of a activities of the animal
health technician within the scope of the instructions of the licensed
veterinarian in charge of the care of the animal.
(11) `Unprofessional or unethical conduct' includes, but is not
limited to, any conduct of a character likely to deceive or defraud
the public, fraudulent, false, or deceptive advertising which might
mislead the public, obtaining any fee or compensation by fraud or
misrepresentation, sharing office space with any person illegally
practicing veterinary medicine, employing either directly or
indirectly any unlicensed person to practice veterinary medicine or
render any veterinary service except as allowed by law, or the
violation of any rule adopted by the board which provides for a
code of professional ethics to be followed by persons licensed under
this article.
(12) `Intern' means a person who is receiving on-the-job training
in veterinary medicine and is employed in the veterinary setting.
(13) `Animal health technician' means an individual who has
received a degree in animal health technology or a comparable
subject from an approved school of veterinary medicine or
veterinary technology and who is employed by and under the direct
supervision of a licensed veterinarian. This person must 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 this State. No animal
health technician may diagnose disease, perform surgery, or
prescribe medicine.
(14) `Certificate' means a written statement acknowledging
successful completion of the animal health technician examination
or other necessary requirements as issued by the board.
(15) `Certified animal health technician' means a person who is
certified by the board to work as an animal health technician.
Section 40-69-40. (A) The board is composed of eight
members, one of whom must be a consumer advocate resident from
the State at-large, 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;
(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 yearsApply 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
(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 yearsApply 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 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 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;
(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 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 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 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.
(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 Carolina Veterinary Medical Association
(SCVMA), state association-sponsored Academies or AVMA
recognized specialty boards, and approved schools of veterinary
medicine shall be approved under a blanket approval. Other
providers shall request approval on a form provided by the board,
for each program on an annual basis.
(E) A provider shall furnish each participant adequate
documentation of participation in the program and which must be
signed by an authorized representative of the organization. The
documentation shall include:
(1) name and license number of participant;
(2) name and address of provider:
(3) name of program;
(4) hours completed;
(5) date of program and location of program.
(E) A veterinarian must maintain a record of personal attendance
at meetings qualifying for continuing education for a minimum of
three years immediately preceding renewal. Providers must furnish
and the veterinarian must maintain documentation which includes
the name and license number of the participant, name of provider,
name of program, hours completed, date of completion, authorized
signature provided by sponsoring organization.
(F) Upon written request, a licensed veterinarian may apply for
a waiver of the license renewal fee and other requirements for no
more than three years due to a temporary medical disability which
prevents the licensee from practicing veterinary medicine. Upon
approval by the board, the licensee must be placed in an inactive
status and the license held by the veterinarian no longer is valid.
Subsequently, upon the licensee submitting to the board appropriate
medical documentation showing that the licensee no longer suffers
from the temporary disability preventing the practice of veterinary
medicine, the licensee may apply to the board for reinstatement of
the license without examination.
Section 40-69-120. (A) The board may deny, suspend, revoke,
or otherwise restrict the license of a veterinarian or animal health
technician or may reprimand or otherwise discipline licensees for
violation of a principle of veterinary medical ethics and professional
practices pursuant to the Code of Ethics, the American Veterinary
Medical Association (AVMA) and in addition to those grounds
stated in Section 40-1-110 a license may be denied or a licensee
disciplined for:
(1) failing to display a license;
(2) misrepresenting the inspection of food for human
consumption;
(3) using a false, fraudulent, or misleading statement in a
document connected with the practice of veterinary medicine;
(4) obtaining fees or assisting in obtaining fees under
deceptive, false, or fraudulent circumstances;
(5) failing to provide and maintain facilities as directed by
regulations promulgated pursuant to this chapter;
(6) refusing to permit the board or a legal representative of
the board to inspect the business premises of the licensee during
regular business hours;
(7) being convicted of a charge of cruelty to animals;
(8) being convicted of a federal or state law relating to
narcotic drugs;
(9) misusing a controlled substance for other than specific
treatment of an animal patient;
(10) 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;
(11) failing to report, as required by law, or making a false
report of a contagious or infectious disease;
(B) Information received by the board through inspections and
investigations is confidential and must not be disclosed except in a
proceeding involving the issuance, denial, renewal, suspension, or
revocation of a license.
Section 40-69-130. (A) Investigations and hearings must be
conducted in accordance with Section 40-1-80.
(B) Restraining orders and cease and desist orders must be
issued in accordance with Section 40-1-100.
(C) Upon determination by the board that one or more of the
grounds for disciplining a licensee or permittee exist, as provided
for in Section 40-1-110, the board may, in addition to the actions
provided for in Section 40-1-120 impose a fine not to exceed
$10,000.
(D) A licensee or permittee who is under investigation for a
ground provided for in Section 40-1-110 for which the board may
take disciplinary action may voluntarily surrender the license or
permit to the board in accordance with Section 40-1-150.
(E) A person aggrieved by an action of the board may seek
review of the decision in accordance with the provision of Section
40-1-160.
Section 40-69-140. A person who practices or attempts to
practice veterinary medicine for consideration in this State without
first having complied with this chapter, 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 or more than twenty-five
hundred dollars or imprisoned for not less than thirty days. Each
act of unlawful practice constitutes a separate offense.
Section 40-60-150. No person may 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 chapter may
be construed to prohibit:
(1) a person who is a 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;
(2) a veterinarian holding a current and valid license in another
state from acting as a consultant with a licensed veterinarian of this
State;
(3) a veterinarian who is a member of the Armed Forces of the
United States or who is an employee of the United States
Department of Agriculture, the United States Public Health Service,
or another federal agency or the State of South Carolina or a
political subdivision of the State from performing official duties in
accordance with this employment;
(4) a person or a person's employee from administering to his
own animals, except when ownership is so vested for the purpose of
circumventing this chapter and except when the employee is
employed for the purpose of circumventing this chapter. 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 of these, which
or who conduct experiments and scientific research using animals,
from conducting experiments or research using animals if the
research or testing is performed in compliance with all federal,
state, and local laws;
(6) a 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) a merchant from selling at the merchant's regular place of
business medicines, feed, appliances, or other animal health
products if all sales are made in compliance with federal, state, and
local laws and in accordance with regulations promulgated under
this chapter."
SECTION 2. Notwithstanding any other provision of law or
regulation to the contrary, rabies vaccines may be bought or sold
without the necessity of a prescription. Anyone may inoculate his
own animals against rabies.
SECTION 3. This act takes effect July 1, 1996.
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