Public Law, Chapter 402, Part R, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART R

Sec. R-1. 32 MRSA §4854, as amended by PL 1997, c. 246, §7, is further amended to read:

§ 4854. State Board of Veterinary Medicine

The State Board of Veterinary Medicine, as established by Title 5, section 12004-A, subsection 42, within the Department of Professional and Financial Regulation, consists of 6 members, appointed by the Governor, 5 of whom must be licensed veterinarians who are residents of this State and graduates of a veterinary school and who have been licensed to practice veterinary medicine in the State for the 5 years preceding their appointment and one member who must be a representative of the public member as defined in Title 5, section 12004-A. At least 30 days before the appointment of a licensed Maine veterinarian to the board, the State Veterinary Medical Association shall forward to the Governor for consideration the names of 3 or more qualified veterinarians. Members are appointed for 5-year terms. Appointments of members must comply with Title 10, section 60 8009. A person may not serve on the board who is, or has been during the 2 years preceding appointment, a trustee or a member of the faculty or advisory board of a veterinary school.

Sec. R-2. 32 MRSA §4855, as amended by PL 1997, c. 246, §8, is repealed.

Sec. R-3. 32 MRSA §4856, as amended by PL 1997, c. 246, §9, is further amended to read:

§ 4856. Meetings; chair; quorum

The board shall meet at least once a year at a time and place fixed by the board to conduct its business and to elect a chair. Other meetings may be called by the chair by giving notice as required by rule. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority Four members of the board constitutes constitute a quorum.

Sec. R-4. 32 MRSA §4859, as amended by PL 2003, c. 251, §1, is further amended to read:

§ 4859. Powers

The board shall have has the power to:

1. Establish standards. Establish, consistent with this chapter, standards of qualification for the practice of veterinary medicine in the State of Maine, and, for the purpose of section 4853, subsection 8 and section 4861, recognize schools of veterinary medicine . ;

2. License; set standards. The power to grant Grant and deny licenses , register and to set standards for of practice for veterinarians practicing veterinary medicine in this State and for the performance of duties by veterinary technicians;

3. After hearing, adopt, amend or repeal rules. After hearing, adopt, amend or repeal rules in accordance with Title 5, chapter 375, subchapter II 2, necessary to carry into effect this chapter. These rules must be made in accordance with the purpose and intent of the law and the standards set forth in this chapter and include, but are not limited to, rules concerning misconduct, fraud, advertising, standards of competency, personal conduct, standards of sanitation for the operation of veterinary hospitals, associations with other veterinarians and , unprofessional conduct and qualifications for licensure. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; and

5. Conduct investigations. Conduct investigations of alleged violations of this chapter and the rules adopted thereunder.

6. License veterinary technicians. Register License veterinary technicians in accordance with procedures as the board may prescribe by rule ; . Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

7. Hold hearings. Hold hearings on all matters properly brought before the board and in connection thereto to administer oaths, receive evidence, make necessary determinations and enter orders consistent with the findings. The board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence and commission depositions.

8. Bring proceedings. Bring proceedings in the courts for the enforcement of this chapter or any rules made pursuant thereto.

Sec. R-5. 32 MRSA §4861, as amended by PL 2005, c. 347, Pt. C, §1, is further amended to read:

§ 4861. Application for license; qualifications and examination

A person desiring a license to practice veterinary medicine in this State shall must make written application and pay the required licensure license fee as set under section 4863-A. The application must show that the applicant holds a doctorate degree in veterinary medicine from an approved veterinary medicine program that is recognized by the United States Department of Education and by the board, and is a person of good moral character trustworthy and competent and provide such other information and proof as the board may establish by rule. The board may adopt rules applicable to graduates of approved veterinary medicine programs by the Commissioner of Education and rules applicable to foreign educated graduates who can demonstrate equivalent education and training. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.

1-A. Examinations. Examinations, written or practical, must be prepared to measure the competence of an applicant to engage in the practice of veterinary medicine. The board may also test an applicant's knowledge of the laws and rules relating to the practice of veterinary medicine. The board may require successful completion of an equivalency examination or assessment mechanism for foreign educated and trained applicants that is designed to evaluate educational equivalence, including clinical competencies and a command of the English language.

The board may employ and cooperate and contract with an organization or consultant in the preparation, administration and grading of an examination, but shall retain retains sole discretion and responsibility for determining which applicants have successfully passed the examination. The applicant shall pay the required examination fee as set under section 4863-A.

2. Oral or practical examination. At its discretion, the board may orally or practically examine any person qualifying for licensure under this section. The examination may cover laws and rules relating to the practice of veterinary medicine.

3. Temporary permit. The board may issue without examination a temporary permit to practice veterinary medicine in this State to a qualified applicant for license pending examination. A temporary permit issued pursuant to this subsection expires the day after the notice of results of the first examination given after the permit is issued. The applicant shall pay the required temporary permit fee set under section 4863-A.

All persons granted permits under this section shall furnish proof of liability insurance to cover the date of this permit.

4. Permit for performance of relief veterinary service. The board may issue without examination a permit to perform relief veterinary service in this State to a qualified person who holds a doctorate degree in veterinary medicine from an approved veterinary medicine program that is recognized by the United States Department of Education and by the board or by rules of the board applicable to foreign educated graduates, and who holds a current license for the practice of veterinary medicine issued by another state, territory or district of the United States territory, province of Canada or other jurisdiction. The board may establish, by rule, the application process. The initial term of a permit issued under this subsection may not exceed 30 days. Extensions may be granted in the discretion of the board. The applicant shall pay the required relief permit fee as set under section 4863-A.

5. Licensure by endorsement. The board shall grant a license by endorsement to a veterinarian who:

A. Has submitted a complete application;

B. Has paid the required examination and license fee as set under section 4863-A;

C. Is licensed in good standing in Holds a valid license issued by another state, United States territory or , province of Canada or , if an applicant does not meet the definition of good standing, as established by the board, the applicant shall provide, to the satisfaction of the board, that the applicant is qualified for licensure in the State and may practice under the restrictions and limitations on that license, and those limitations, if any, may include conditions of probation before the issuance of a license other jurisdiction;

D-1. Has sucessfully successfully passed an examination pursuant to subsection 1-A pertaining to the practice of veterinary medicine as determined by board rule. The board may require the applicant to submit to an examination covering the laws and rules pertaining to the practice of veterinary medicine in this State; and

E. Has actively practiced clinical veterinary medicine for 3,000 hours during the 3 years preceding application.

Sec. R-6. 32 MRSA §4862, as amended by PL 1997, c. 246, §19, is repealed.

Sec. R-7. 32 MRSA §4863, as amended by PL 2003, c. 251, §3, is further amended to read:

§ 4863. License renewal

All licenses expire annually on such date as the commissioner may designate, and may be renewed with the board by payment of a the renewal fee as set under section 4863-A. At least 30 days prior to the annual renewal date, the Department of Professional and Financial Regulation shall mail a notice to each licensee and registrant that the license or registration expires on the renewal date and provide a renewal application form for reregistration.

Licenses may be reinstated up to 90 days after the date of expiration upon payment of a late fee as set under section 4863-A in addition to the renewal fee. A person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made received, together with the late fee, renewal fee and additional late fee as set under section 4863-A, within 2 years from the date of the expiration. In addition, the board may levy penalties for nonrenewal.

By rule the board may waive the payment of the registration renewal fee of a licensed veterinarian during the period when that veterinarian is on active duty with any branch of the Armed Services of the United States, not to exceed the longer of 3 years or the duration of a national emergency.

Sec. R-8. 32 MRSA §4864, as amended by PL 2005, c. 347, Pt. C, §2, is further amended to read:

§ 4864. Denial or refusal to renew license; disciplinary action

The board, on its own motion or upon complaint made to it, may hold a hearing to determine whether or not violations of this chapter or the standards for the practice of veterinary medicine adopted by the board have been violated. Hearings conducted under this section are "adjudicatory proceedings" and must be conducted in accordance with the provisions of Title 5, chapter 375, subchapter IV. The board has the authority to issue subpoenas subject to the provisions of Title 5, section 9060. If the board considers a licensee has committed any of the acts set forth in this section, it shall either report its findings to the Attorney General for prosecution in the District Court for suspension or revocation in accordance with Title 4, chapter 5, or place the licensee on probation for a certain period of time during which the licensee shall file periodic affidavits of the licensee's practice in accordance with the standards set by the board, or censure, by letter, the licensee. The following acts are grounds for disciplinary action by the board or for revocation or suspension by the District Court:

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

1. Convictions. Conviction in this State or another state or in a federal court of a felony or of a crime involving moral turpitude;

2. Fraud. The employment of fraud, misrepresentation or deception in obtaining a license;

3. Violation of drug laws. Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or cannabis;

4. Chronic use of drugs. Chronic or habitual use of drugs;

5-A. Mental illness. A medical finding of mental incompetency;

6. Certain prescriptions of narcotics. Prescribing narcotic drugs for other than accepted therapeutic purposes;

7. Malpractice. Gross or repeated malpractice;

8. Incompetence or gross negligence. Incompetence or gross negligence;

9. Cruelty to animals. The performance of any inhumane or cruel act, as established by the board and by applicable civil and criminal laws and rules in the treatment or care of any animal;

10. Permitting a veterinary technician to perform prohibited acts. Permitting any registered licensed veterinary technician operating under the licensee's supervision to perform any act or operation other than that permitted under section 4866;

11. Unprofessional conduct. Unprofessional conduct, as defined in the rules of the board, includes, but is not limited to, the following:

A. Advertising in any manner considered by the board to be false, misleading or otherwise deemed unprofessional;

B. Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of veterinary medicine;

C. Refusing to divulge to the board upon demand, the means, method, device or instrumentality used in the treatment of a disease, injury, ailment or infirmity of any animal; or

D. Fraud or dishonesty in the application or reporting of any test for disease in animals or making a false report of any contagious or infectious disease;

12. Unauthorized associations. A veterinarian may practice only in an individual capacity under that veterinarian's own name or in association with a licensed practitioner of veterinary medicine or professional association. The following are deemed unauthorized associations:

A. Association for the joint practice of veterinary medicine with any person, corporation or partnership not licensed to practice veterinary medicine;

B. Knowingly aiding and abetting in the practice of veterinary medicine any person not licensed to practice in this State;

C. The lending, leasing or in any other manner placing of one's certificate of registration or license at the disposal of or in the service of any other person not licensed to practice veterinary medicine in this State; and

D. The continuance of a veterinarian directly or indirectly in the employ of or in association with any veterinarian after knowledge that such veterinarian is engaged in the violation of the provisions of this chapter; or

13. Lack of sanitation. Failure to maintain veterinary premises and equipment in a clean and sanitary condition as defined by the board in accordance with the sanitation provisions included in Title 7, section 3936 ; or .

14. Violation. Violation of a provision of this chapter or a rule adopted by the board.

Sec. R-9. 32 MRSA §4865-A, as amended by PL 2005, c. 347, Pt. C, §4, is repealed.

Sec. R-10. 32 MRSA §4870, as amended by PL 1993, c. 404, Pt. A, §14, is further amended to read:

§ 4870. Enforcement

Any person , who shall practice practices veterinary medicine without a currently valid license, temporary permit or permit for the performance of relief veterinary service , shall be guilty of a Class E crime, provided that each act of such unlawful practice shall constitute a distinct and separate offense is subject to the provisions of Title 10, section 8003-C.

A person who practices veterinary medicine without a currently valid license, temporary permit or permit for the performance of relief veterinary service may not receive any compensation for services rendered. A veterinary technician employed by a veterinarian is subject to section 4866.

The board or any citizen of this State may bring an action to enjoin any person from practicing veterinary medicine without a currently valid license, temporary permit or permit for the performance of relief veterinary service. If the court finds that the person is violating, or is threatening to violate this chapter, it shall enter an injunction restraining him from such unlawful acts.

The successful maintenance of an action based on any one of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.

Sec. R-11. 32 MRSA §4871, as amended by PL 1997, c. 246, §27, is repealed.

Sec. R-12. 32 MRSA §4873, as enacted by PL 1975, c. 477, §4, is repealed.

Sec. R-13. 32 MRSA §4874, as enacted by PL 1979, c. 291, §13, is amended to read:

§ 4874. Immunity from civil liability

Notwithstanding any inconsistent provisions of any public or private and special law, any person who voluntarily, without the expectation of monetary or other compensation renders first aid, emergency treatment or rescue assistance to an animal who is ill, injured or in need of rescue assistance, shall is not be liable for damages for injuries alleged to have been sustained by the animal nor or for damages for the death of the animal alleged to have occurred by reason of an act or ommission omission in the rendering of the first aid, emergency treatment or rescue assistance, unless it is established that the injuries or the death were caused willfully, wantonly or recklessly or by gross negligence on the part of the person.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842