South Carolina General Assembly
111th Session, 1995-1996

Bill 4785


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4785
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960320
Primary Sponsor:                   Wells 
All Sponsors:                      Wells 
Drafted Document Number:           gjk\22485ac.96
Residing Body:                     House
Current Committee:                 Agriculture, Natural Resources
                                   and Environmental Affairs Committee
                                   20 HANR
Date of Last Amendment:            19960423
Subject:                           Veterinarians, uniform framework
                                   for operation of



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960501  Recommitted to Committee                 20 HANR
House   19960424  Objection withdrawn by Representative            Scott
House   19960423  Objection by Representative                      Meacham
                                                                   Kirsh
                                                                   Neal
                                                                   Simrill
                                                                   Moody-
                                                                   Lawrence
                                                                   Delleney
                                                                   McCraw
                                                                   Scott
House   19960423  Amended
House   19960417  Committee report: Favorable with         20 HANR
                  amendment
House   19960320  Introduced, read first time,             20 HANR
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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