ASSEMBLY, No. 635
STATE OF NEW JERSEY
209th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION
Sponsored by:
Assemblywoman CAROL J. MURPHY
District 26 (Essex, Morris and Passaic)
Assemblyman ANTHONY IMPREVEDUTO
District 32 (Bergen and Hudson)
Co-Sponsored by:
Assemblyman Felice
SYNOPSIS
Revises statutes regulating the practice of veterinary medicine.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
(Sponsorship Updated As Of: 5/23/2000)
An Act concerning the practice of veterinary medicine, and revising various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1983, c.98 (C.45:16-1.1) is amended to read as follows:
1. As used in this act:
a. "[Animal or veterinary] Veterinary facility" means any [fixed or mobile establishment, veterinary hospital, animal hospital or] premises or facility wherein or whereon the practice of veterinary medicine or any part thereof is conducted , including, but not limited to, a veterinary hospital or clinic, mobile clinic, outpatient clinic, satellite clinic, emergency clinic or referral hospital, clinic or center, but shall not include the premises of a veterinary client or research facility under the authority of the State Department of Health and Senior Services or the United States Department of Agriculture.
b. "Person" means any individual, firm, partnership, association, joint venture, cooperative, corporation incorporated under Title 14A of the New Jersey Statutes, or any other group or legal entity recognized by the State of New Jersey or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of any person.
c. "Qualified veterinary graduate" means a graduate of a veterinary college or university approved by the board, a graduate of a veterinary college or university which is not approved by the board, but who has received a certificate from an accrediting or qualifying body recognized by the board for the purpose of licensure examination, or a veterinarian who has qualified under the provisions of the American Veterinary Medical Association's Education Commission for the Foreign Veterinary Graduate.
d. "Animal" means any mammalian animal, other than human, and any fowl, bird, amphibian, fish or reptile, wild or domestic, living or dead.
e. "Client" means a person who is the animal's owner or the duly authorized representative of the animal's owner or who accepts responsibility for the animal's care, and who has retained the services of a licensed veterinarian.
f. "Licensed veterinarian" means a person licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, surgery and dentistry in this State.
g. "Practice of veterinary medicine, surgery and dentistry" means:
(1) To directly or indirectly diagnose, prognoses, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental condition;
(2) To prescribe or administer any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique on any animal including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, alternative or complementary veterinary medicine or surgery, including cosmetic surgery;
(3) To perform any manual, mechanical, biological or chemical procedure for testing pregnancy or for correcting sterility or infertility, including embryo transfers and related reproductive techniques;
(4) To render service or recommendations with regard to any act described in this subsection and all other branches of veterinary medicine, surgery and dentistry;
(5) To maintain a valid veterinary-client-patient relationship;
(6) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any acts described in paragraphs (1) through (4) of this subsection;
(7) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraphs (1) through (4) of this subsection. That use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine, surgery and dentistry;
(8) To collect blood or other samples for the purpose of diagnosing disease or conditions. This shall not apply to unlicensed personnel employed by the United States Department of Agriculture, the New Jersey Department of Agriculture or the New Jersey Department of Health and Senior Services who are engaged in their official duties; and
(9) To subcutaneously or intramuscularly implant in any animal an injectable transponder.
"Practice of veterinary medicine, surgery and dentistry" does not mean: the calling into this State for consultation of a duly licensed veterinarian of any other state with respect to any case under treatment by a veterinarian licensed under the provisions of R.S.45:16-1 et seq.; the practice of veterinary medicine by any veterinarian in the performance of his official duties in the service of the State of New Jersey or the United States Government, either civil or military; the experimentation and scientific research activities of physiologists, bacteriologists, biologists, pathologists, biological chemists, chemists, or persons under the direct supervision thereof, when engaged in the study and development of methods and techniques directly or indirectly applicable to the problems of veterinary medical practice; the administration to the ills and injuries of their own animals by persons owning those animals, so long as they otherwise comply with all laws, rules and regulations relative to the use of medicines and biologies used in so doing; persons gratuitously giving aid, assistance or relief in emergency or accident cases, if they do not represent themselves to be veterinarians or use any title or degree appertaining to the practice thereof; any individual who is under the responsible supervision of a licensed veterinarian in his practice of veterinary medicine, if the individual does not represent himself as a veterinarian or use any title or degree appertaining to the practice thereof and does not diagnose, prescribe, or perform surgery; emergency paramedical services rendered during the transportation of an animal to a veterinary facility; the care, repair and rehabilitation of wildlife species by wildlife rehabilitators under the responsible supervision of a licensed veterinarian; and artificial insemination.
h. "Prescription item" means a drug or device as defined and regulated by the federal Food and Drug Administration (FDA) and the State Department of Health and Senior Services that may not be dispensed, sold or distributed without a prescription.
i. "Responsible supervision" means the oversight and direction by a veterinarian of an individual providing veterinary services delegated to that individual by that veterinarian in the veterinarian's practice.
j. "Veterinarian" means a person who has received a professional degree from a college of veterinary medicine, surgery and dentistry.
k. "Veterinarian-client-patient relationship" means:
(1) The veterinarian has undertaken to make medical judgments regarding the health of an animal or animals, herd or flock being treated and the need for medical treatment;
(2) The client has retained the services of the veterinarian;
(3) The veterinarian has sufficient knowledge of the animal or animals, herd or flock to initiate at least a general or preliminary diagnosis of the medical condition of the animal or animals, herd or flock;
(4) The veterinarian is reasonably available for follow-up treatment; and
(5) The veterinarian maintains records on the animal or animals, herd or flock in accordance with the provisions of subsection b. of section 9 of P.L.1983, c.98 (C.45:16-8.2).
(cf: P.L.1983, c. 98, s.1)
2. Section 2 of P.L.1983, c.98 (C.45:16-1.2) is amended to read as follows:
2. The provisions of this act shall apply to any person practicing veterinary medicine and any [animal or] veterinary facilities.
(cf: P.L.1983, c.98, s.2)
3. R.S.45:16-4 is amended to read as follows:
45:16-4. The board shall hold 2 or more meetings for examinations each year at such time and place as it shall determine, due notice of which shall be made public. At all meetings a majority of the members of the board shall constitute a quorum, but the examination of applicants for a license may be conducted by a committee of one or more veterinary members duly authorized by the board. The board shall examine all diplomas and credentials as to their authenticity. Each applicant for a license shall submit to [a theoretical and practical] an examination, to be written, oral, or both[,] . The examination shall, at a minimum, be designed to test the examinee's knowledge of any laws, rules and regulations applicable in this State. At the discretion of the board, the exam may also be designed to test the examinee's knowledge of and proficiency in the subjects and techniques deemed by the board to be necessary for the practice of veterinary medicine[, including any laws, rules and regulations applicable in this State].
(cf: P.L.1983, c.98, s.4)
4. R.S.45:16-7 is amended to read as follows:
45:16-7. A person desiring to commence the practice of veterinary medicine, surgery and dentistry in this State shall deliver to the secretary of the board a fee to be determined by the board for filing the application for examination and a fee to be determined by the board for the examination, together with satisfactory proof that the applicant is a qualified veterinary graduate as defined in this act or who shall provide a certification acceptable to the board that the applicant has completed all but the last portion of the last semester of a veterinary college or university and will be awarded a degree in veterinary medicine at the next graduation. No applicant, however, shall be licensed prior to graduation from a veterinary college or university. Additionally, the applicant shall have passed the National Board Examination (NBE) and the Clinical Competency Test (CCT) as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or the North American Veterinary Licensing Examination or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards (AAVSB), or an equivalent examination, as established by the board.
(cf: P.L.1983, c.98, s.5)
5. Section 6 of P.L.1983, c.98 (C.45:16-7.2) is amended to read as follows:
6. a. The board may waive all but the law portion of the examination of, and issue a license to practice veterinary medicine and surgery to, any person who at the time of the application: [a. holds a valid, unsuspended and unrevoked license to practice veterinary medicine and surgery issued by or under the authority of any state, territory, or the District of Columbia, which has education and examination requirements which are substantially equivalent to the requirements of this act for the issuance of a license and b. insofar as the records of that authority are concerned: (1) has been engaged in the clinical practice of veterinary medicine for three consecutive years immediately prior to application and (2) is entitled to its endorsement.]
(1) Holds a current license in good standing to practice veterinary medicine, surgery and dentistry in another state, U.S. territory, or the District of Columbia, or is a board certified specialist in a clinical specialty recognized by the American Veterinary Medical Association (AVMA) and;
(2) Has passed the National Board Examination (NBE) and the Clinical Competency Test (CCT) as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or the North American Veterinary Licensing Examination or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards (AAVSB), or a substantially equivalent examination, as approved or established by the board, unless at the time the applicant became licensed in another state, U.S. territory, or the District of Columbia, the NBE or CCT, or subsequent examinations prepared under the authority of the NBEC, were not required by this State, in which case the applicant need only have passed whatever national licensing examinations were required of entry level licensed veterinarians in this State at that time, and;
(3) Has actively practiced clinical veterinary medicine, surgery and dentistry for 3,000 hours during the three years preceding application.
b. Applicants who are not graduates of schools of veterinary medicine, surgery and dentistry accredited by the American Veterinary Medical Association (AVMA) shall posses a certificate issued by the Education Commission for Foreign Veterinary Graduates (ECFVG), unless at the time these applicants became licensed in another state, U.S. territory or the District of Columbia, the ECFVG certificate was not required by this State.
c. When a person seeks licensure under this section, the board may require an interview or additional testing, or both, of the applicant to satisfy the board that the applicant possesses entry level competence in the practice of veterinary medicine.
d. The term "in good standing" as used in this section, means that an applicant:
(1) Has not been the recipient, in the previous two years, of any administrative penalties regarding his practice of veterinary medicine, surgery and dentistry, including but not limited to, fines, formal reprimands, license suspension or revocations, other than license revocations for nonpayment of license renewal fees, or probationary limitations and has not entered into any consent agreements which contain conditions placed by a board on his professional conduct and practice, including any voluntary surrender of a license; or
(2) Has never had his United States Drug Enforcement Administration privileges restricted or revoked; or
(3) Is not currently under investigation by another veterinary licensing authority for acts which would provide a basis for disciplinary action in this State, as determined by the board; or
(4) Has no physical or mental impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake the practice of veterinary medicine, surgery and dentistry in a manner consistent with the safety of a patient or the public; or
(5) Has not been convicted of a felony; or
(6) Has no criminal conviction record nor pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of veterinary medicine, surgery and dentistry. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the board in sufficient specificity to enable the board to make a determination whether the record or charge is substantially related to the practice of veterinary medicine, surgery and dentistry.
e. Applicants who are not in good standing, as defined in this section, may apply for licensure as provided in this section, but in order to be so licensed shall provide to the satisfaction of the board that they are qualified for licensure in New Jersey. In approving licensure applications submitted in accordance with the provisions of this section, the board may either place limits on an applicant's license or establish conditions of probation prior to the issuance of a license, or both.
No person shall seek licensure under this section sooner than three years after failure to be licensed under any other section of P.L.1952, c.198 (C. 45:16-9.1 et al. ).
(cf: P.L.1985, c.495, s.2)
6. Section 9 of P.L.1983, c.98 (C.45:16-8.2) is amended to read as follows:
9. [Facilities maintained and used in connection with the practice of veterinary medicine shall be clean and sanitary.]
a. All veterinary facilities, and all instruments, apparatus and apparel used in connection with the practice of veterinary medicine, surgery and dentistry shall be kept clean and sanitary and shall conform to those minimum standards that the board shall establish.
b. A veterinarian subject to the provisions of R.S.45:16-1 et seq. shall, as required by regulation of the board, keep a written or electronic record of each animal, herd or flock receiving veterinary services, and provide a summary of that record to the owner of the animal, herd or flock receiving veterinary services, when requested. The minimum amount of information which shall be included in the records and summaries shall be established by the board. The minimum duration of time for which a licensee shall retain the records shall be determined by the board.
(cf: P.L.1983, c.98, s.9)
7. R.S.45:16-9 is amended to read as follows:
45:16-9. No person shall [enter upon or continue the] practice [of] veterinary medicine, surgery or dentistry [in any of their branches,] unless he has complied with the provisions of [this chapter] R.S.45:16-1 et seq. and has been licensed by the board. No person shall use any title or degree appertaining to the veterinary profession or practicing veterinary medicine, surgery or dentistry [in any of their branches] without being licensed and registered in conformity with the provisions of [this chapter] R.S.45:16-1 et seq..
(cf: P.L.1983, c.98, s.11)
8. Section 10 of P.L.1983, c.98 (C.45:16-9.3b) is amended to read as follows:
10. No veterinary facility [included under section 6 of this act] shall be designated by any name or title which in any way misleads or tends to deceive the public as to the nature or extent of the services rendered. [If the title of a veterinary facility includes the term:
a. "Hospital", then the facility shall be able to provide examination, diagnostic and prophylactic services and medical and surgical treatment, shall be equipped to provide housing and nursing care during illness and convalescence or major surgery, and shall be solidly constructed with adequate space and safeguards for patients, clients, and personnel;
b. "Clinic" , then the facility shall be able to provide examination, diagnostic and prophylactic services and medical and surgical treatment on an out patient basis;
c. "Mobile" , then the facility shall be movable, shall be directed by a veterinarian or group of veterinarians, and shall be associated with a clinic or hospital within reasonable proximity to the area served by the facility;
d. "Medical center" , then the facility shall be staffed by one or more veterinarians who perform scientific research and conduct advanced education programs and shall provide all services available in hospital or clinical facilities;
e. "Emergency" , then the facility shall be open after hours, as defined by the board, weekends, and bank holidays and shall have a veterinarian on the premises and all standards applying to animal hospitals shall apply.]
(cf: P.L.1983, c.98, s.10)
9. Section 4 of P.L.1952, c.198 (C.45:16-9.4) is amended to read as follows:
4. Every person licensed to practice veterinary medicine, surgery and dentistry shall procure a certificate of registration which shall be issued upon the payment of a fee determined by the board for a 2 year period. A registrant [not residing and] not actively practicing in this State may apply for an inactive registration and shall pay a fee determined by the board. An inactive registrant shall not practice veterinary medicine, surgery or dentistry in this State. The secretary shall mail to each person licensed to practice veterinary medicine, surgery and dentistry at least 30 days prior to the deadline for registration a printed blank form to be properly filled in and returned to said secretary by such licensed person on or before the deadline for registration, together with such fee. In addition to information about the registrant, the board shall require each licensee to provide the following information on the application or renewal application form: the name, address and telephone number of each veterinary facility in which the registrant will practice 500 or more hours per year; the type of practice; the legal organization of the practice and that entity's name, address and telephone number, if different from the facility address and telephone number; and the name of the principals for that entity. Upon the receipt of said form properly filled in, and such fee, the certificate of registration shall be issued and transmitted.
A registrant applying for active license renewal shall complete not less than 20 hours of continuing veterinary education courses, of a type approved by the board, during each two-year license renewal period to be eligible for relicensure. Prior to license renewal each licensee shall submit to the board proof of completion of the required number of hours of continuing education over the prior two-year period. The board may, in its discretion, waive requirements for continuing education on an individual basis for reasons of hardship, such as illness or disability, retirement of the license or other good cause.
The failure on the part of the licensee to renew his certificate as required shall not deprive such person of the right of renewal. The fee to be paid if the certificate is renewed after the expiration date shall be determined by the board. Notice to the licensee by mail on or before the deadline for registration, addressed to his last post-office address known to the board, informing him of his failure to have applied for a renewal of his license certificate, shall constitute legal notification of such delinquency by the board.
Applications for renewal of certificates shall be in writing to the board, accompanied by the required fees. The license of any person who fails to procure a renewal of certificate at the time and in the manner required by this section shall be suspended by the board upon notice. Any license so suspended shall be reinstated at any time upon the payment of all past-due [annual] registration fees and an additional reinstatement fee determined by the board. The board may require that any applicant for registration who has ceased the practice of veterinary medicine or who has held an inactive registration for a period in excess of [5] 3 years be reexamined by the board and be required to complete additional continuing education requirements as a prerequisite to relicensure by the board. Any person whose license shall have been suspended for such cause shall, during the period of such suspension, be regarded as an unlicensed person and, in case he shall continue or engage in the practice of veterinary medicine, surgery or dentistry during such period, shall be liable to penalties pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.).
Every duly licensed person, before commencing the practice of veterinary medicine, surgery and dentistry in this State, shall, within 30 days of the commencement of such practice, procure the certificate of registration required in this act.
Every person practicing veterinary medicine, surgery and dentistry in this State shall conspicuously display at all times his license and registration certificate for the effective 2 year period in his main office. Every person who practices veterinary medicine, surgery and dentistry without having such certificate on display, as herein required, shall be liable to a penalty pursuant to section 12 of P.L.1978, c.73 (C.45:1-25).
[Every licensee holding an active registration certificate who may practice at any place other than that address for which his active registration certificate is issued, shall obtain from the Secretary a duplicate certificate for a fee determined by the board, to be displayed at the place of practice.]
Every practitioner of veterinary medicine, surgery and dentistry, licensed under the provisions of [this chapter] R.S.45:16-1 et seq., shall report to the said board in writing any change in his place of practice[, whether same be his main office or branch office,] within 30 days of such change.
(cf: P.L.1983, c.98, s.13)
10. Section 5 of P.L.1952, c.198 (C.45:16-9.5) is amended to read as follows:
5. Wherever the profession of veterinary medicine, surgery, or dentistry is carried on in the name or names of a licensee or licensees [said] after the death or relinquishment of the interest of the licensee or licensees, that name or names may [not be used for more than two years after the death or relinquishment of the interest of the licensee or licensees] be retained, provided the name of the veterinary practice is registered with the Secretary of State and there is no inference that the former licensee is continuing to practice at the veterinary practice.
(cf: P.L.1952, c.198, s.5)
11. Section 10 of P.L.1952, c.198 (C.45:16-9.7) is amended to read as follows:
10. A [qualified licensed practitioner of the profession] veterinary practice may employ as [assistants] veterinarians not more than two qualified veterinary graduates who have obtained a temporary permit for each licensed veterinarian in the practice; provided that the [assistants] veterinarians have met all the requirements of the board as set forth in the practice act. An applicant for such a temporary permit [must associate himself] shall be associated with a [qualified] licensed veterinarian in the practice and his labors shall be limited to the practice of the [qualified] licensed veterinarian. Each [assistant] veterinarian shall be under the responsible supervision of a licensed practicing veterinarian. Said applicant must present himself for examination at the next scheduled examination of the board. There shall be a fee determined by the board for the aforementioned permit, which fee shall be applied toward the examination fee, but shall be forfeited if the applicant fails to present himself at the next scheduled examination. If the applicant does not pass the examination, additional permits may be issued but not to exceed [3] three in total. Application for such permit shall be countersigned by the [registered] licensed veterinarian with whom the candidate will be associated. A candidate who has failed to appear for an examination or who has failed an examination and who has subsequent thereto failed to renew his permit is disqualified to practice the profession of veterinary medicine, surgery, and dentistry.
A lawfully qualified veterinarian of another state who meets the requirements of this State for [admission by examination] licensure may take charge temporarily of the practice of a [lawfully qualified] licensed veterinarian of this State during his absence from such practice, not to exceed 90 days, unless renewed, upon written request to the board for permission to do so and upon payment of a fee as determined by the board. The board shall have the right to suspend or revoke any [such] temporary permit for a violation of [this chapter] R.S.45:16-1 et seq. by either the permittee or licensee-employer; provided that before any such permit shall be suspended or revoked, the accused person shall be afforded a hearing before the board[, as provided in section 45:16-6 of this chapter].
A licensed practitioner may also use a veterinarian who is qualified under the provisions of the American Veterinary Medical Association's Education Commission for Foreign Veterinary Graduates or who is qualified under any other training program approved by the board, who shall have obtained a training certificate from the board for this purpose. That person shall be under the [direct and immediate] responsible supervision of the licensed practitioner.
(cf: P.L.1983, c.98, s.15)
12. Section 2 of P.L.1980, c.175 (C.45:16-9.11) is amended to read as follows:
2. a. Any individual licensed to practice veterinary medicine who, in good faith, renders emergency care to any animal which has, immediately prior to the rendering of such care, been brought to such individual's attention at or from the scene of an accident or emergency situation or has been discovered by such individual at the scene of an accident or emergency situation, shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.
b. A veterinarian who reports to the proper authority any case of animal cruelty shall not be liable for any civil damages as a result of such reporting.
c. Veterinarians shall not be required to establish a valid veterinarian-client-patient relationship, nor to maintain patient, herd or flock records, as normally required in the course of practice, when participating in municipal rabies clinics sponsored by the State of New Jersey, or when called upon by county, State or federal agencies to perform emergency services on their behalf.
(cf: P.L.1980, c.175, s.2)
13. Section 2 of P.L.1979, c.354 (C.45:16-14) is amended to read as follows:
2. As used in this act:
"Unretrieved animal" means an animal placed for confined treatment or boarding by its owner or an agent thereof in the care and custody of a veterinarian or boarding kennel, which animal is not retrieved by the owner or agent thereof from the veterinarian within 72 hours of being notified in any manner that the confined treatment is completed or from the boarding kennel within 72 hours of the last day the animal was to be boarded.
"Humane disposal" means euthanasia by or under the [direct] responsible supervision of a veterinarian or placement in a suitable home or animal shelter which shall not include any home or shelter which engages in animal experimentation or, by sale or otherwise, makes animals available for the purpose of animal experimentation. Humane disposal shall not include hypoxia induced by decompression or in any other manner or the administration of a lethal gas other than an inhalant anesthetic.
(cf: P.L.1982, c.158, s.1)
14. (New section) A licensed veterinarian's patient's medical records are confidential. No licensed veterinarian shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the patient's owner who owned the patient at the time of treatment, or a duly authorized representative of that owner or on appropriate court order or subpoena. A veterinarian releasing information under written authorization or other waiver by the patient's owner at the time of treatment, or a duly authorized representative of that owner or under court order or subpoena, shall not be liable to the client or any other person. The duty of confidentiality provided by this section shall be waived to the extent that the patient's owner who owned the patient at the time of the patient's treatment, or a duly authorized representative of that owner or the veterinarian's client or any owner of the animal, places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding. This section shall be waived for reporting of cruelty.
15. (New section) a. A licensed veterinarian may prescribe, sell, dispense, or distribute any prescription item, providing there is a bona fide veterinarian-client-patient relationship, and the prescription item is properly recorded in the medical record, but when a prescription is issued by a licensed veterinarian to a person, another licensed veterinarian may dispense prescription items to that person without a bona fide veterinarian-client-patient relationship.
b. A licensed veterinarian shall not prescribe, sell, dispense, or distribute any prescription item in an indiscriminate manner, or without good cause, or where the licensed veterinarian reasonably knows or should know that the item or items prescribed are to be used for unauthorized or illicit consumption or distribution. A licensed veterinarian shall not issue a prescription for, or dispense, an item if the licensed veterinarian knows or has reason to know that an item or items previously prescribed or dispensed were used by the recipient for unauthorized or illicit consumption or distribution.
c. A licensed veterinarian, in the course of professional practice and an existing veterinarian-client-patient relationship, shall, upon request, provide a written prescription to a client who does not wish to purchase a prescription item directly from the licensed veterinarian.
d. A licensed veterinarian may issue a prescription or other veterinary authorization by oral, written, or electronic communication to the dispenser. The licensed veterinarian shall enter the prescription into the patient's medical record. The dispenser shall record the veterinarian's prescription or other veterinary authorization within 72 hours of receipt of that prescription or authorization.
e. No licensed veterinarian shall dispense any prescription item unless the container in which that medication is dispensed bears a label containing the following information:
(1) The name or species of the patient or identification of the herd or flock;
(2) The established name of the drug or device;
(3) The strength per unit;
(4) The number of units dispensed;
(5) Directions for use;
(6) Precautionary statements including withdrawal time, where applicable;
(7) The date dispensed; and
(8) The name of the licensee or facility dispensing the medication.
16. R.S.45:16-8.1 is repealed.
17. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill revises the "veterinary practice law." The bill specifies that the "practice of veterinary medicine, surgery and dentistry" means: to directly or indirectly diagnose, prognoses, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical, or mental condition; to prescribe or administer any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique on any animal including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, alternative or complementary veterinary medicine or surgery, including cosmetic surgery; to perform any manual, mechanical, biological or chemical procedure for testing pregnancy or for correcting sterility or infertility, including embryo transfers and related reproductive techniques; to render service or recommendations with regard to any act described in this definition and all other branches of veterinary medicine, surgery and dentistry; to maintain a valid veterinary-client-patient relationship; to represent, directly or indirectly, publicly or privately, an ability and willingness to do any acts defining the practice to use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to act as a veterinarian; to collect blood or other samples for the purpose of diagnosing disease or conditions, but not in the case of certain government personnel who are engaged in their official duties; or to subcutaneously or intramuscularly implant in any animal an injectable transponder. The current provisions of law stipulating what the "practice of veterinary medicine, surgery and dentistry" does not mean remain in effect, with minor changes.
The bill also requires an applicant seeking licensure as a licensed veterinarian in this State to have passed the National Board Examination (NBE) and the Clinical Competency Test (CCT) as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or the North American Veterinary Licensing Examination or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards (AAVSB), or an equivalent examination, as established by the State Board of Veterinary Medical Examiners.
In addition, the bill amends the current law, which states that facilities maintained and used in connection with the practice of veterinary medicine shall be clean and sanitary, to specify that all veterinary facilities, and all instruments, apparatus and apparel used in connection with the practice of veterinary medicine, surgery and dentistry shall be kept clean and sanitary and shall conform to those minimum standards that the State Board of Veterinary Medical Examiners shall establish. Licensed veterinarians are also required by this bill to keep a written or electronic record of each animal, herd or flock receiving veterinary services, and to provide a summary of that record to the owner of the animal, herd or flock receiving veterinary services, when requested. The bill further provides that medical records are confidential. No licensed veterinarian shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena.
Furthermore, the bill permits a licensed veterinarian to apply for an inactive registration. During the period a person is an inactive registrant that individual is not permitted to practice veterinary medicine, surgery or dentistry in this State. A person applying for active license renewal shall complete not less than 20 hours of continuing veterinary education courses, of a type approved by the State Board of Veterinary Medical Examiners, during each two-year license renewal period to be eligible for relicensure. The board may, in its discretion, waive requirements for continuing education on an individual basis for reasons of hardship such as illness or disability, retirement of the license or other good cause.
Under current law, wherever veterinary medicine, surgery, or dentistry is carried on in the name or names of a licensee or licensees, the name or names may not be used for more than two years after the death or relinquishment of the interest of the licensee or licensees. As provided in the bill, whenever the profession of veterinary medicine, surgery, or dentistry is carried on in the name or names of a licensee or licensees after the death or relinquishment of the interest of the licensee or licensees, that name or names may be retained, provided the name of the veterinary practice is registered with the Secretary of State and there is no inference that the former licensee is continuing to practice at the veterinary practice.
The bill also specifies certain conditions under which licensed veterinarians may prescribe, sell, dispense or distribute prescription items.