CHAPTER 25
SENATE BILL No. 145
An Act concerning the Kansas veterinary practice act;
amending K.S.A. 47-817, 47-818,
47-819, 47-821, 47-824, 47-825, 47-829, 47-830, 47-832, 47-834,
47-839, 47-840, 47-
842, 47-843 and 47-844 and K.S.A. 1998 Supp. 47-816 and repealing
the existing sec-
tions; also repealing K.S.A. 47-823 and K.S.A. 1998 Supp.
47-826.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp. 47-816
is hereby amended to read as
follows: 47-816. As used in the Kansas veterinary practice act:
(a) ``Animal'' means any mammalian animal
other than human and
any fowl, bird, amphibian, fish or reptile, wild or domestic,
living or dead.
(b) ``Board'' means the state board of
veterinary examiners.
(c) ``Clock hour of continuing education
courses'' means 60 minutes
of actual attendance at a participation in
a continuing education course
approved program or activity which meets the
minimum standards for
continuing education according to rules and regulations
adopted by the
board.
(d) ``Direct supervision'' means the
supervising licensed veterinarian:
(1) Is on the veterinary
premises in an animal hospital setting or in
the same general area in a range field
setting, the supervisor;
(2) is quickly and easily
available and that the animal has been ex-
amined by a veterinarian at such time as good veterinary
medical practice
requires, consistent with the particular delegated animal
health care task.;
(3) examines the animal prior to
delegating any veterinary practice
activity to the supervisee and performs any additional
examination of the
animal required by good veterinary practice; and
(4) delegates only those veterinary
practice activities which are con-
sistent with rules and regulations of the board regarding
employee su-
pervision.
(e) ``Licensed veterinarian'' means a
veterinarian who is validly and
currently licensed to practice veterinary medicine in this
state.
(f) ``Indirect supervision'' means that
the supervising licensed veter-
inarian:
(1) Is not on the
veterinary premises or in the same general area
in
a field setting, but has given examined
the animal and provided either
written or documented oral instructions or a written
protocol for treat-
ment of the animal patient, the animal has been examined by
a veteri-
narian at such times as good veterinary medical practice
requires, consis-
tent with the particular delegated animal health care
task except that in
an emergency, the supervising licensed veterinarian may provide
oral
instructions prior to examining the animal and subsequently
examine the
animal and document the instruction in writing;
(2) delegates only those veterinary
practice tasks which are consistent
with the rules and regulations of the board regarding employee
supervi-
sion; and
(3) the animal being
treated is not anesthetized as defined in rules
and regulations.
(g) ``Practice of veterinary medicine''
means any of the following:
(1) To diagnose, treat, correct, change,
relieve, or prevent animal
disease, deformity, defect, injury or other physical or mental
condition;
including the prescription or administration of any drug, medicine,
bio-
logic, apparatus, application, anesthesia or other therapeutic or
diagnostic
substance or technique on any animal including but not limited to
acu-
puncture, surgical or dental operations, animal psychology, animal
chi-
ropractic, theriogenology, surgery, including cosmetic surgery, any
man-
ual, mechanical, biological or chemical procedure for testing
for
pregnancy or for correcting sterility or infertility or to render
service or
recommendations with regard to any of the above and all other
branches
of veterinary medicine.
(2) To represent, directly or indirectly,
publicly or privately, an ability
and willingness to do any act described in paragraph (1).
(3) 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 paragraph (1). Such use
shall be
prima facie evidence of the intention to represent oneself as
engaged in
the practice of veterinary medicine.
(4) To collect blood or other samples for
the purpose of diagnosing
disease or conditions. This shall not apply to unlicensed personnel
em-
ployed by the United States department of agriculture, the Kansas
animal
health department or the state board of agriculture who are engaged
in
such personnel's official duties.
(5) To apply principles of environmental
sanitation, food inspection,
environmental pollution control, animal nutrition, zoonotic disease
con-
trol and disaster medicine in the promotion and protection of
public
health in the performance of any veterinary service or
procedure.
(h) ``School of veterinary medicine''
means any veterinary college or
division of a university or college that offers the degree of
doctor of vet-
erinary medicine or its equivalent, which conforms to the standards
re-
quired for accreditation by the American veterinary medical
association
and which is recognized and approved by the board.
(i) ``Veterinarian'' means a person who
has received a doctor of vet-
erinary medicine degree or the equivalent from a school of
veterinary
medicine.
(j) ``Veterinary medical specialist''
means a person who has completed
advanced training in such person's specialty area and is a diplomat
of such
specialty.
(k) ``Veterinary premises'' means any
premises or facility where the
practice of veterinary medicine occurs, including but not limited
to, a
mobile clinic, outpatient clinic, satellite clinic or veterinary
hospital or
clinic, but shall not include the premises of a veterinary client,
research
facility, a federal military base, Kansas state university
college of veteri-
nary medicine or any premises wherein the practice of
veterinary medi-
cine occurs no more than three times per year as a public service
outreach
of a registered veterinary premises.
(l) ``Graduate veterinary technician''
means a person who has grad-
uated from an American veterinary medical association accredited
school
approved by the board, or other board-approved school for
the training
of veterinary technicians.
(m) ``Registered veterinary technician''
means a person who is a grad-
uate veterinary technician or any other person
who, has passed the ex-
aminations required by the board for registration and is registered
by the
board.
(n) ``Veterinary-client-patient
relationship'' means:
(1) The veterinarian has assumed the
responsibility for making med-
ical judgments regarding the health of the animal or animals and
the need
for medical treatment, and the client, owner or other caretaker has
agreed
to follow the instruction of the veterinarian;
(2) there is sufficient knowledge of the
animal or animals by the vet-
erinarian to initiate at least a general or preliminary diagnosis
of the med-
ical condition of the animal or animals. This means that the
veterinarian
has recently seen or is personally acquainted with the keeping and
care
of the animal or animals by virtue of an examination of the animal
or
animals, or by medically appropriate and timely visits to the
premises
where the animal or animals are kept, or both; and
(3) the practicing veterinarian is
readily available for followup in case
of adverse reactions or failure of the regimen of therapy.
(o) ``ECFVG certificate'' means a
certificate issued by the American
veterinary medical association education commission for foreign
veteri-
nary graduates, indicating that the holder has demonstrated
knowledge
and skill equivalent to that possessed by a graduate of an
accredited or
approved college of veterinary medicine.
(p) ``Veterinary prescription drugs''
means such prescription items as
defined by subsection (c) of 21 U.S.C. Sec. 353.
(q) ``Veterinary corporation'' means a
professional corporation of li-
censed veterinarians incorporated under the professional
corporation act
of Kansas, cited at K.S.A. 17-2706 et seq., and amendments
thereto.
(r) ``Veterinary partnership'' means a
partnership pursuant to the
Kansas uniform partnership act, cited at K.S.A. 1998 Supp. 56a-101
et
seq., and amendments thereto, formed by licensed
veterinarians engaged
in the practice of veterinary medicine.
(s) ``Person'' means any individual,
corporation, partnership, associ-
ation or other entity.
Sec. 2. K.S.A. 47-817 is hereby
amended to read as follows: 47-817.
No person shall practice veterinary medicine in this state who is
not cur-
rently and validly a licensed veterinarian. This act shall not be
construed
to prohibit:
(a) An employee of the federal, state or
local government performing
such employee's official duties.
(b) A person from gratuitously giving
aid, assistance or relief in vet-
erinary emergency cases if such person does not represent
themselves to
be veterinarians or use any title or degree appertaining to the
practice
thereof.
(c) A veterinarian regularly licensed in
another state consulting with
a licensed veterinarian in this state.
(d) Fisheries biologists actively
employed by the state of Kansas, the
United States government, or any person in the production or
manage-
ment of commercial food or game fish while in the performance of
such
persons' official duties.
(e) Any feeder utilizing and mixing
antibiotics or other disease or
parasite preventing drugs as a part of such feeder's feeding
operations.
(f) The owner of an animal and the
owner's regular employee caring
for and treating the animal belonging to such owner, except where
the
ownership of the animal was transferred to avoid this act.
(g) A member of the faculty of a school
of veterinary medicine per-
forming such member's regular functions or a person lecturing, or
giving
instructions or demonstrations at a school of veterinary medicine
or in
connection with a continuing education course for
veterinarians.
(h) Any person engaging in bona fide
scientific research which rea-
sonably requires experimentation involving animals or commercial
pro-
duction of biologics or animal medicines.
(i) An A
nonstudent employee, independent contractor or any
other
associate of the veterinarian administering
or a student in a school of
veterinary medicine who has not completed at least three years
of study
and who performs prescribed care to an
animal veterinary procedures
under the direct supervision of a licensed veterinarian
or under the in-
direct supervision of a licensed veterinarian pursuant to rules
and regu-
lations of the board.
(j) A regular student
who has completed at least three years of study
in a school of veterinary medicine and performing duties or
acts who
performs prescribed veterinary procedures assigned by such
student's in-
structors or working who works under
direct or indirect supervision of a
licensed veterinarian.
Sec. 3. K.S.A. 47-818 is hereby
amended to read as follows: 47-818.
(a) In order to promote the public health, safety and welfare in
relation
to the practice of veterinary medicine, there is hereby
established the
state board of veterinary examiners which shall consist of seven
members,
six of whom shall be licensed veterinarians and one of whom
shall rep-
resent the interests of the general public. Persons who are
members of
the state board of veterinary medical examiners immediately
prior to the
effective date of this act shall become members of the
state board of
veterinary examiners and shall continue to serve as such
members until
the expiration of the terms for which they were appointed
and until their
successors are appointed and qualify. Of the two positions
created on July
1, 1993, one member shall be appointed for a term expiring
June 30,
1994, and one member shall be appointed for a term expiring
June 30,
1995 member who shall not be a
veterinarian. Upon the expiration of any
member's term, the governor shall appoint a successor of
like qualifica-
tions and interest to ensure the representation of
the major facets of
veterinary medical practice for a term of four years, which term
shall
commence on July 1 and shall expire on June 30. Before entering
into a
term of office, each member of the board shall file with the
secretary of
state a written oath to discharge the member's duties in a faithful
manner.
(b) The procedure for appointing members
of the board under this
act shall be as follows:
(1) The board of directors of the Kansas
veterinary medical associa-
tion shall submit seven names of the names of
three or more, or any other
person may submit the name of one or more qualified
veterinarians to the
governor at least 30 days before the expiration of the term of any
member
of the board who is a licensed veterinarian. The governor may
appoint
one of the persons whose name is so submitted to the veterinarian
mem-
ber's seat.
(2) A vacancy occurring on the board
prior to expiration of the term
of a member who is a veterinarian shall be filled for the remainder
of the
unexpired term in the same manner as prescribed in paragraph (1) of
this
subsection (b) except that the seven names of qualified
veterinarians shall
be submitted to the governor within 10 days after the
vacancy occurs.
(c) No person shall be qualified to serve
as a veterinarian member of
the board unless such person:
(1) Is a legal resident of the state of
Kansas;
(2) is a graduate of a board-approved
school of veterinary medicine;
(3) is licensed to practice veterinary
medicine in this state; and
(4) has had three years of actual
practice in veterinary medicine in
the state of Kansas preceding the time of appointment.
(d) No person shall be qualified to serve
as the nonveterinarian mem-
ber of the board representing the interests of the general
public unless
such person:
(1) Has been a legal resident of the
state of Kansas for five three or
more years;
(2) is not a veterinarian or the
spouse family member, as defined in
K.A.R. 19-40-4 and amendments thereto of a veterinarian;
(3) has no financial interest in any
veterinary practice or veterinary
premises as an owner or employee, or as the
spouse a family member of
an owner or employee, of such practice or premises; and
(4) has never engaged in the profession
or business of educating or
training veterinarians or students of veterinary medicine.
(e) The governor may remove any member
of the board upon rec-
ommendation of the board.
Sec. 4. K.S.A. 47-819 is hereby
amended to read as follows: 47-819.
(a) The board shall meet each year at such times and places as
specified
by the board. Special meetings may be called by the
president of the
board by giving such notice as required by rules and
regulations of the
board.
(b) Except as otherwise provided in this
act, a majority of the board
shall constitute a quorum.
(c) At its first meeting following
July April 1 of each year, the board
shall organize by electing a president and a vice-president. Each
officer
so elected shall serve for a term of one year or until a successor
is elected
and qualifies. A special election shall be held whenever a vacancy
occurs
in an office of the board.
(d) In general, but not by way of
limitation, the officers and the ex-
ecutive director of the board shall have and exercise the following
powers
and duties:
(1) The president's duties shall include
the calling of and presiding
at meetings of the board.
(2) The vice-president's duties shall
include serving as presiding of-
ficer at meetings of the board in the absence of the president or
upon
the president's inability or refusal to act and overseeing
budgetary and
financial aspects of the operation of the board.
(3) The executive director shall perform
duties which shall include
carrying on the correspondence of the board, keeping permanent
ac-
counts and records of all receipts and disbursements by the board
and of
all board proceedings, including the disposition of all
applications for
license, keeping a register of all persons currently licensed by
the board,
and furnishing a copy of the Kansas veterinary practice act to each
newly
licensed veterinarian. All board records, except as otherwise
provided by
law, shall be open to the public during regular office hours.
(4) The executive director shall be
bonded as required by the state
surety bond committee pursuant to K.S.A. 75-4103 to 75-4106,
and
amendments thereto.
(e) Each member of the board shall be
paid compensation, subsis-
tence allowances, mileage and other expenses as provided in K.S.A.
75-
3223, and amendments thereto, when engaged in the performance of
the
member's official duties or other board business or board
activities away
from the member's place of residence.
Sec. 5. K.S.A. 47-821 is hereby
amended to read as follows: 47-821.
(a) In general, but not by way of limitation, the board shall have
power
to:
(1) Examine and determine the
qualifications and fitness of appli-
cants for a license to practice veterinary medicine in this state
in accord-
ance with K.S.A. 47-824 and 47-826, and amendments thereto.
(2) Inspect and register any veterinary
premises pursuant to K.S.A.
47-840, and amendments thereto, and take any disciplinary
action against
the holder of a registration of a premises issued pursuant to
K.S.A. 47-
840, and amendments thereto.
(3) Issue, renew, deny, limit, condition,
fine, reprimand, restrict, sus-
pend or revoke licenses to practice veterinary medicine in this
state or
otherwise discipline licensed veterinarians consistent with the
provisions
of this act and the rules and regulations adopted thereunder.
The board
may
(4) Conduct an investigation upon
an allegation by any person that
any licensee or other veterinarian has violated any
provision of the Kansas
veterinary practice act or any rules and regulations adopted
pursuant to
such act. The board may appoint individuals and committees to
assist in
any investigation.
(4) (5) Establish
and publish annually a schedule of fees authorized
pursuant to and in accordance with the provisions of K.S.A. 47-822
and
amendments thereto.
(5) (6) Employ
full time or part time an executive director and such
professional, clerical and special personnel as shall be necessary
to carry
out the provisions of this act. The board shall fix the
compensation of
such personnel who shall be in the unclassified service under the
Kansas
civil service act. Under the supervision of the board, the
executive director
shall perform such duties as may be required by law or authorized
by the
board.
(6) (7) Purchase
or rent necessary office space, equipment and sup-
plies.
(7) (8) Appoint
from its own membership one or more members to
act as representatives of the board at any meeting within or
without the
state where such representation is deemed desirable.
(8) Authorize any member of the
board to sign complaints for
(9) Initiate the bringing of
proceedings in the courts for the enforce-
ment of this act.
(9) (10) Adopt,
amend or repeal rules and regulations for licensed
veterinarians regarding the limits of activity for assistants and
registered
veterinary technicians who are employed perform
prescribed veterinary
procedures under the direct or indirect supervision and
responsibility of
a licensed veterinarian.
(10) (11) Adopt,
amend or repeal such rules and regulations, not in-
consistent with law, as may be necessary to carry out the purposes
of this
act and enforce the provisions thereof.
(11) (12) Have a
common seal.
(12) (13) Adopt,
amend or repeal rules and regulations to fix mini-
mum standards for continuing veterinary medical education, which
stan-
dards shall be a condition precedent to the renewal of a license
under
this act.
(13)
(14) Register any registered
veterinary technician technicians.
(14) (15)
Establish, by rules and regulations, any
committee neces-
sary to implement any provision of this act including, but not
limited to,
a continuing education committee and a peer review committee.
Such
committees may be formed in conjunction with professional
veterinary
associations in the state. Members of such committees appointed by
the
board shall receive the same privileges and immunities and be
charged
with the same responsibilities of activity and confidentiality as
established
in K.S.A. 47-848 through 47-854, and amendments
thereto board mem-
bers.
(15) (16) Refer
complaints to a duly formed peer review committee
of a duly appointed professional association.
(16)
(17) Establish, by rules and regulations, minimum
standards for
the practice of veterinary medicine.
(17)
(18) Contract with a person or entity to perform the
inspections
or reinspections as required by K.S.A. 47-840.
(19) For the purpose of investigations
and proceedings conducted by
the board, the board may issue subpoenas compelling the
attendance and
testimony of veterinarians or the production for examination or
copying
of documents or any other physical evidence if such evidence
relates to
veterinary competence, unprofessional conduct, the mental or
physical
ability of a licensee to safely practice veterinary medicine or
the condition
of a veterinary premises. Within five days after the service of
the subpoena
on any veterinarian requiring the production of any evidence in
the vet-
erinarian's possession or under the veterinarian's control, such
veterinar-
ian may petition the board to revoke, limit or modify the
subpoena. The
board shall revoke, limit or modify such subpoena if in its
opinion the
evidence required does not relate to practices which may be
grounds for
disciplinary action, is not relevant to the charge which is the
subject mat-
ter of the proceeding or investigation, or does not describe
with sufficient
particularity the physical evidence which is required to be
produced. The
district court, upon application by the board or by the
veterinarian sub-
poenaed, shall have jurisdiction to issue an order:
(A) Requiring such veterinarian to
appear before the board or the
board's duly authorized agent to produce evidence relating to
the matter
under investigation; or
(B) revoking, limiting or modifying
the subpoena if in the court's
opinion the evidence demanded does not relate to practices which
may be
grounds for disciplinary action, is not relevant to the charge
which is the
subject matter of the hearing or investigation or does not
describe with
sufficient particularity the evidence which is required to be
produced.
(b) The powers of the board are granted
to enable the board to ef-
fectively supervise the practice of veterinary medicine and are to
be con-
strued liberally in order to accomplish such objective.
Sec. 6. K.S.A. 47-824 is hereby
amended to read as follows: 47-824.
(a) Any person desiring a license to practice veterinary medicine
in this
state shall make written application to the board on forms provided
for
that purpose. The application shall show that the applicant
has completed
five or more semesters of veterinary medicine or is a
graduate of a school
of veterinary medicine, as defined in K.S.A. 47-816, and
amendments
thereto, or a graduate of a foreign veterinary school
recognized and ap-
proved by the board, and a person of good moral character
and such
other information and proof as the board may require by
rules and reg-
ulations. The application shall be accompanied by a fee in
the amount
established and published by the board as provided in
K.S.A. 47-822, and
amendments thereto. The board shall issue a
license to practice veterinary
medicine to an applicant who:
(1) Is a graduate of a school of
veterinary medicine as defined in
K.S.A. 47-816 and amendments thereto or possesses a certificate
issued
by the educational commission for foreign veterinary graduates
(ECFVG);
(2) has passed the examination or
examinations prescribed by the
board;
(3) has passed the Kansas veterinary
legal practice examination;
(4) is a person of good moral
character;
(5) has paid the license application
fee and when applicable, the ex-
amination fee as established pursuant to this section;
and
(6) provides other information and
proof as the board may establish
by rules and regulations.
(b) If the school of veterinary
medicine from which an applicant is
graduated is not recognized by the board, the board shall
have the au-
thority to determine the qualifications of such graduates
and to review
the quality of the educational experience attained by them
in an unre-
cognized school of veterinary medicine. The board shall
have the author-
ity to adopt rules and regulations to implement this
provision. If the board
finds in evaluating such applicant that such applicant is
deficient in qual-
ification or in the quality of such applicant's educational
experience, the
board may require such applicant to fulfill such remedial
or other require-
ments as the board, by rules and regulations, may
prescribe. If the ap-
plicant graduated from a school of veterinary medicine more than
five
years prior to the year in which the application is submitted,
the appli-
cation shall show proof that:
(1) The applicant has actively
practiced veterinary medicine for at
least 3,000 hours during the three years immediately preceding
such ap-
plication; or
(2) the applicant has passed the
examination or examinations pre-
scribed by the board within the five years preceding such
application.
(c) If the board determines that
the applicant possesses the proper
qualifications, it shall admit the applicant to the next
examination. If an
applicant is found not qualified to take the examination or
for a license
without examination for a license pursuant to
subsection (a)(1) or (a)(4),
the executive director of the board shall
immediately notify the applicant
in writing of such findings and the grounds therefor. An applicant
found
unqualified pursuant to subsection (a)(1) or (a)(4) may
request a hearing
on the question of the applicant's qualification under the
procedure set
forth in the Kansas administrative procedure act. Any applicant who
is
found not qualified shall forfeit the any
application fee but shall be al-
lowed the return of the examination fee which
the applicant has paid.
Sec. 7. K.S.A. 47-825 is hereby
amended to read as follows: 47-825.
(a) The board shall hold provide for at
least one examination during each
year and may hold provide for such
additional examinations as are nec-
essary. The executive director shall give notice by
publication or otherwise
of the time and place for each examination at least 90 days
in advance of
the date set for the examination. A person
desiring to take an examination
shall make application at least 45 days before the date
of taking the ex-
amination.
(b) The preparation, administration and
grading of the examination
shall be governed by the rules and regulations prescribed by the
board.
Examinations shall be designed to test the examinee's knowledge of
and
proficiency in the subjects and techniques commonly taught in
schools of
veterinary medicine and the laws and rules and regulations dealing
with
the practice of veterinary medicine in Kansas. The board may adopt
and
use the examinations prepared by any national testing service for
veteri-
nary medicine. The examination of applicants for license to
practice vet-
erinary medicine shall be conducted according to methods deemed
by
the board to be the most practical and expeditious to test the
applicant's
abilities and qualifications. The minimum passing scores shall be
estab-
lished by rules and regulations.
(c) After each examination, the executive
director shall notify each
examinee in writing of the result of the examinee's examination
within 60
days, and the board shall issue a license to each
person applicant for a
license who has successfully completing
completed the examination. The
executive director shall record each new license and issue a
license to
each new licensee. Any person failing an examination shall be
admitted
to any subsequent examination on payment of the application
and ex-
amination fees. Any applicant for examination who does not attend
the
examination shall forfeit the examination fee.
Sec. 8. K.S.A. 47-829 is hereby
amended to read as follows: 47-829.
(a) All licenses shall expire annually on June 30 of each year but
may be
renewed by registration with the board and payment of the license
re-
newal fee established and published by the board, pursuant to the
pro-
visions of K.S.A. 47-822, and amendments thereto. On June 1 of
each
year, the executive director shall mail a notice to each licensed
veterinar-
ian that the veterinarian's license will expire on June 30 and
provide the
veterinarian with a form for license renewal.
(1) The application shall contain a
statement to the effect that the
applicant has not been convicted of a felony, has not been the
subject of
professional disciplinary action taken by any public agency in
Kansas or
any other state, territory or the District of Columbia, and has not
violated
any of the provisions of the Kansas veterinary practice act. If the
applicant
is unable to make that statement, the application shall contain a
statement
of the conviction, professional discipline or violation.
(2) The board, as part of the renewal
process, may make necessary
inquiries of the applicant and conduct an investigation in order to
deter-
mine if cause for disciplinary action exists.
(3) All licensees licensed under
the Kansas veterinary practice act
shall make application to and pass the Kansas veterinary
legal practice
examination.
(b) The A license may
be renewed upon payment of the renewal fee
as required by this section shall require the licensee to
renew such license
if the licensee has furnished to the executive director of
the board and
the provision of satisfactory evidence that the licensee has
been in at-
tendance at participated in a minimum of 20
clock hours of continuing
education courses in the art of veterinary medicine. The
board shall adopt
rules and regulations which establish criteria for approval
of continuing
education programs. The burden of proof for
showing the obtaining of
such participation in continuing education hours shall be
the responsi-
bility of the licensee. The continuing education requirement
shall may
be waived for impaired veterinarians, as defined by subsection (c)
of
K.S.A. 47-846, and amendments thereto, and may be waived for
veteri-
narians while they are on active military duty with any
branch of the
armed services of the United States during a time of national
emergency
which shall not exceed the longer of three years or the duration
of a
national emergency.
(c) All veterinarian licenses shall
expire annually and must be re-
newed by making application to the board and payment of the
license
renewal fee. Any person who practices veterinary medicine after the
ex-
piration of such person's license and willfully or by neglect fails
to renew
such license shall be practicing in violation of this act. Any
license renewal
application which is submitted beyond the annual renewal date shall
be
assessed a penalty fee not to exceed $100 as established by the
board by
rules and regulations. In the event that the application for
renewal of any
veterinarian license has not been submitted within 60 days of the
expi-
ration date of such license, and after notice
the board shall notify the
veterinarian by certified mail, return receipt requested,
has been given
to the licensee that the renewal application fee and
penalty fee is due,
such license shall automatically be revoked, within 10 days
of return of
receipt, without a hearing that the license has
expired and shall not be
renewed reinstated unless such veterinarian
submits an application for
and requalifies for a new license and pays the license
application fee not
to exceed $250 as established by the board by rules and
regulations.
(d) The board, by rules and regulations,
may waive the payment of
the license renewal fee of a licensed veterinarian during the
period when
such veterinarian is on active military duty with any branch
of the armed
services of the United States during a time of national
emergency which
shall not to exceed the longer of three years or the
duration of a national
emergency.
Sec. 9. K.S.A. 47-830 is hereby
amended to read as follows: 47-830.
Upon written complaint sworn to by any person, The
board, after a hear-
ing conducted in accordance with the provisions of
the Kansas adminis-
trative procedure act, may revoke or suspend for a time certain the
license
of, or otherwise limit, condition, reprimand, restrict, deny a
license or
assess a fine, not to exceed $2,000, to any licensed veterinarian
for any of
the following reasons:
(a) The employment of fraud,
misrepresentation or deception in ob-
taining a license;
(b) an adjudication of incapacity by a
court of competent jurisdiction;
(c) for having professional connection
with or lending one's name to
any illegal practitioner of veterinary medicine and the various
branches
thereof;
(d) false or misleading advertising;
(e) conviction of a felony;
(f) failure to furnish to the board, upon
written application by it re-
quest, any report or information relating to any
investigation;
(g) employing, contracting with or
utilizing in any manner any person
practicing in the unlawful practice of
veterinary medicine unlawfully;
(h) fraud or dishonest conduct in
applying, treating or reporting di-
agnostic biological tests of public health significance or in
issuing health
certificates;
(i) failure of the veterinarian who is
responsible for the operation and
management of a veterinary premises to keep the
veterinary premises and
equipment in a clean and sanitary condition as
defined in compliance with
minimum standards established by rules and regulations as
to sanitary
conditions and physical plant;
(j) failure to report as required by law,
or making false report of any
contagious or infectious disease;
(k) dishonesty or negligence in the
inspection of foodstuffs;
(l) conviction on a charge
of cruelty or inhumane treatment to ani-
mals;
(m) disciplinary action taken by another
state, territory or district of
the United States or any foreign country on grounds other
than nonpay-
ment of registration fees;
(n) disclosure of any information in
violation of K.S.A. 47-839, and
amendments thereto;
(o) unprofessional conduct as defined in
rules and regulations
adopted by the board includes, but is not limited to, the
following:
(1) Conviction of a charge of violating
any federal statutes or any
statute of this state, regarding substances as defined in K.S.A.
65-4101,
and amendments thereto, and the record of the conviction is
conclusive
evidence. A plea or verdict of guilty or a conviction
following a plea of
nolo contendere is deemed to be a conviction within the
meaning of this
section. The board may order the license suspended or
revoked, or assess
a fine, or decline to issue a license, when the time for
appeal has elapsed,
or the judgment of conviction has been affirmed on appeal
or when an
order granting probation is made suspending the imposition
of sentence;
(2) the use of or prescribing for
or administering to such veterinarian,
using unless lawfully prescribed, prescribing or administering
to oneself
or another person any of the controlled substances as
defined in K.S.A.
65-4101, and amendments thereto, or of using,
prescribing or adminis-
tering any of the controlled substances as defined in K.S.A.
65-4101 and
amendments thereto or alcoholic beverages or any other
drugs, chemicals
or substances to the extent, or in such a manner as to be
dangerous or
injurious to a person licensed under the Kansas veterinary practice
act,
to oneself or to any other person or to the public, or to
the extent that
such use impairs the ability of such person so licensed to conduct
with
safety the practice authorized by the license;
(3) the conviction of more than one
misdemeanor or any felony in-
volving the use, consumption or self-administration of any of the
sub-
stances referred to in this section or any combination thereof
and the
record of the conviction is conclusive evidence; a plea or
verdict of guilty
or a conviction following a plea of nolo contendere is
deemed to be a
conviction within the meaning of this section; the board
may order the
license suspended or revoked or assess a fine, or may
decline to issue a
license, when the time for appeal has elapsed or the
judgment of convic-
tion has been affirmed on appeal or when an order granting
probation is
made suspending imposition of sentence, allowing such
person to with-
draw such person's plea of guilty and to enter a plea of
not guilty, or
setting aside the verdict of guilty, or dismissing the
accusation, informa-
tion or indictment; and
(4) a conviction under any
federal statute, or rules and regulations or
any of the statutes or rules and regulations of this state
regarding con-
trolled substances; and
(5) violation of or
attempting to violate, directly or indirectly, any
provision of the Kansas veterinary practice act or any rules and
regulations
adopted pursuant to such act;
(p) conviction of a crime substantially
related to qualifications, func-
tions or duties of veterinary medicine, surgery or
dentistry, in which case
the record of such conviction shall be conclusive
evidence;
(q) employment of anyone but a
veterinarian licensed in Kansas to
demonstrate the use of biologics in the treatment of animals;
(r) fraud, deception, negligence or
incompetence in the practice of
veterinary medicine;
(s) the use, prescription,
administration, dispensation or sale of any
veterinary prescription drug or the prescription of an extra-label
use of
any over-the-counter drug in the absence of a valid
veterinarian-client-
patient relationship; or
(t) failing to furnish details or
copies of a patient's medical records or
failing to provide reasonable access to or a copy of a
patient's radiographs
to another treating veterinarian, hospital or clinic, upon the
written re-
quest of and authorization from an owner or owner's agent,
or failing to
provide the owner or owner's agent with a summary of the medical
record
within a reasonable period of time and upon proper request
or waiver by
the owner or owner's agent, or failing to comply with any other law
re-
lating to medical records.; or
(u) determination that the
veterinarian is impaired, as defined in sub-
section (c) of K.S.A. 47-846 and amendments thereto, by a
representative
of the impaired veterinarian committee, or as determined by the
board
after a hearing.
Sec. 10. K.S.A. 47-832 is hereby
amended to read as follows: 47-832.
Any person whose license is suspended or revoked pursuant to
K.S.A. 47-
830 and amendments thereto may, at the discretion of the
board, be re-
licensed or reinstated at any time, without an
examination, by majority
vote of the board on written application made to the board showing
cause
justifying relicensing or reinstatement and on such terms and
conditions
as specified by the board.
Sec. 11. K.S.A. 47-834 is hereby
amended to read as follows: 47-834.
(a) No person who shall practice veterinary medicine without a
currently
valid license may receive any compensation for services so
rendered, ex-
cept employees under direct or indirect
supervision for persons exempted
under K.S.A. 47-817 and amendments thereto.
(b) Any person who shall practice
veterinary medicine without a li-
cense or operate a veterinary premises without registering with
the board
shall be guilty of a misdemeanor and upon conviction shall be fined
not
less than $250 nor more than $2,000 or imprisoned for not more than
90
days, or both. Each act of such unlawful practice shall constitute
a distinct
and separate offense.
(c) The board may order the remedying
of any violations of any pro-
vision of this act or any rules and regulations of the board.
The board
may issue a cease and desist order upon board determination that
a li-
censee, registrant or any veterinarian has violated any
provision of this
act or any rules and regulations of the board. The board may
bring an
action to enjoin any person veterinarian
from practicing veterinary med-
icine without a currently valid license or from operating a
veterinary
premises without registering such premises with the board.
If the court
finds that the person is violating this act, it shall enter an
injunction re-
straining such person from such unlawful acts.
(d) An action in quo warranto may
be brought and maintained to oust
any person from practicing veterinary medicine without a
currently valid
license. Such action shall be in the name of the state in
the manner
provided by law upon the advice of the attorney general who
shall rep-
resent the board and prosecute the action. The
board may order the
remedying of any violations of any provision of this act or any
rules and
regulations adopted thereunder and the board may issue a cease
and
desist order upon board determination that a licensed
veterinarian or the
holder of a premises registration has violated any order of the
board, any
provision of this act and any rules and regulations adopted
thereunder.
(e) 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. 12. K.S.A. 47-839 is hereby
amended to read as follows: 47-839.
(a) Except as otherwise provided under K.S.A. 47-622 and 47-624,
and
amendments thereto, no a veterinarian
licensed under the Kansas vet-
erinary practice act shall be required to
not disclose any information con-
cerning the veterinarian's care of an animal except on written
authoriza-
tion or other waiver by the veterinarian's client or on appropriate
court
order or subpoena. Any veterinarian's releasing information under
written
authorization or other waiver by the client or under court order or
sub-
poena shall not be liable to the client or any other person. The
privilege
provided by this section shall be waived to the extent that the
veterinar-
ian's client or the 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. The privilege
provided by this
section shall also be waived in relation to any investigation by
the board
and any subsequent administrative disciplinary action brought by
the
board.
(b) This section shall be part of and
supplemental to the Kansas vet-
erinary practice act.
Sec. 13. K.S.A. 47-840 is hereby
amended to read as follows: 47-840.
(a) Any person who owns or operates any veterinary premises
as defined
by subsection (k) of K.S.A. 47-816 and amendments thereto,
including
mobile clinics, or any other premises where a licensed
veterinarian prac-
tices or where the practice of veterinary medicine
occurs, shall be regis-
tered by the board. Any premises in operation on July 1,
1993, shall
register with the board by filling out an application for
registration and
by paying the fee established in subsection (g) of K.S.A.
47-822, and
amendments thereto.
(b) Any premises not in operation
on the effective date of this act
shall be inspected and registered by the board prior to the opening
of
such premises. Any existing premises changing ownership on or after
the
effective date of this act shall be inspected and registered by the
board
within 60 days of such change of ownership. Upon receipt of the
appli-
cation for registration and payment of the application fee and
inspection
fee, as established in K.S.A. 47-822, and amendments thereto, the
board
shall cause such premises to be inspected by an authorized agent of
the
board. The registration of the premises shall be issued if the
premises
meet minimum standards established by board rules and regulations
as
to sanitary conditions and physical plant. In lieu of the above
procedure,
the board may register a premises which is accredited by a
recognized
organization whose standards are found by the board to meet or to
exceed
the minimum standards as established by board rules and
regulations.
(c) Each application for a registration
of the veterinary premises shall
set forth the name of the licensed veterinarian who will be
responsible
for the operation and management of the premises and shall be
accom-
panied by the fee established pursuant to subsection (g) of
K.S.A. 47-822
and amendments thereto. The registration shall not be issued
unless a
licensed veterinarian is so named in the application. The
application may
be denied if disciplinary action has been taken by the board
against the
veterinarian's license. The registrant shall notify the board
within 30 days
of any change in the licensed veterinarian who is responsible
for the op-
eration and management of the veterinary premises.
(d) The board shall deny any application
for a registration of the
premises when the inspection reveals that the premises does not
meet
the minimum standards established by board rules and regulations
or
other provisions of this act; in which event the applicant shall
pay the
inspection fee for each additional reinspection required to
determine
whether or not the premises has been brought into compliance with
the
minimum standards and other provisions of this act.
(e) The board, after notice and hearing
as provided for and conducted
in accordance with the Kansas administrative procedure act, may
revoke,
suspend, place on probation, or take other disciplinary actions as
author-
ized under this act, against the holder of the registration
of the premises
registrant if an inspection reveals that the premises does
not meet the
minimum standards established by board rules and regulations or
that the
premises is being operated or managed by any person other than a
li-
censed veterinarian whose license is in good standing with the
board.
(f) The board may cause a premises to be
inspected or reinspected
upon receipt of a written, signed complaint that such premises is
not
being operated, managed or maintained in accordance with the
provisions
of this section and upon a finding by the board that there is
reason to
believe the premises is not in compliance with the provisions of
this act.
Nothing contained herein shall be construed as preventing the board
from
conducting unannounced inspections of any premises without a
finding
of reasonable cause for the purpose of ascertaining whether or not
such
premises is in compliance with the provisions of this act.
(g) Application for and acceptance of a
registration of the premises
by an applicant shall be deemed as express consent for allowing the
board
or the board's authorized agent to conduct inspections to ensure
compli-
ance with this act or to investigate alleged complaints. All such
inspections
may be conducted with or without notice to the holder of
the registration
of the premises registrant. Inspections
shall occur during normal business
hours for the premises. Such consent and authority is to be clearly
set
forth in the application for registration and subscribed thereto by
the
applicant.
(h) All registrations shall expire
annually and must be renewed by
making application to the board and payment of the registration
fee. Any
renewal application which is submitted more than 30 days beyond
the
annual renewal date shall be assessed a penalty fee as established
by board
rules and regulations. In the event that application for renewal of
regis-
tration has not been submitted within 30 days of its expiration
date, and
after notice by certified mail, return receipt requested, has been
given to
the holder of the registration registrant
that the renewal application and
fee is due, such registration of the premises shall automatically
be re-
voked, within 10 days of return of receipt,
expire without a hearing and
shall not be renewed unless the licensed veterinarian
submits an appli-
cation for a new registration application is
submitted and the applicant
pays the registration and inspection fees. Any such premises which
has
its registration automatically revoked
expired under this subsection must
be reinspected prior to the issuance of a new registration.
(i) Satellite, outpatient or
mobile small animal clinics registered pur-
suant to this section must state the name of the
full-service veterinary
premises in that location providing emergency and
after-hours service.
Mobile clinics operating in more than one location must be
registered for
each separate location. If the agreement between the
outpatient, satellite
or mobile small animal clinic and the full-service
veterinary clinic provid-
ing emergency service ceases, the board must be notified
immediately
and a new agreement for emergency service must be provided
before a
new registration will be issued, unless otherwise exempted
by the board
upon a showing of good cause by the applicant and upon a
majority vote
of the board. Each registrant shall have a
policy which addresses emer-
gency and after-hour veterinary services and shall inform each
client of
the policy. If the policy changes, the registrant shall notify
clients of the
new policy.
(j) Each person to whom a
registration of a premises is issued regis-
trant shall keep such registration conspicuously displayed
in the premises
for which it is issued.
(k) Inspections or reinspections required
under this section shall not
be conducted by members of the board.
Sec. 14. K.S.A. 47-842 is hereby
amended to read as follows: 47-842.
The board may revoke or suspend for a certain time the license of
any
person to practice veterinary medicine or any branch thereof in
this state
after notice and hearing for any of the causes provided in the
Kansas
veterinary practice act. In addition to the board's authority to
suspend or
revoke a license, the board shall have the authority to assess a
fine not in
excess of $2,000 against a licensee for any of the causes specified
in K.S.A.
47-830, and amendments thereto. Such fine may be assessed in lieu
of
or in addition to a suspension or revocation. The proceedings under
this
act shall be conducted in accordance with the Kansas administrative
pro-
cedure act, and the board shall have all the powers granted
therein. All
fines collected pursuant to this section shall be remitted to the
state trea-
surer. Such deposits shall be credited to the state general fund.
Actual
costs related to fine assessment investigation,
adjudication and enforce-
ment shall be deducted and credited to the veterinary examiners fee
fund.
Sec. 15. K.S.A. 47-843 is hereby
amended to read as follows: 47-843.
(a) If, upon completion of an investigation, the executive director
has
probable cause to believe that a veterinarian violated the
provisions of
the Kansas veterinary practice act, in lieu of proceedings
pursuant to
K.S.A. 47-830 and amendments thereto, the executive director
may issue
a citation to the veterinarian, as provided in this section. The
investigation
shall include attempts to contact the veterinarian to discuss
and resolve
the alleged violation. Each citation shall be in writing and
shall describe
with particularity the nature of the violation, including a
reference to the
provision of the Kansas veterinary practice act alleged to have
been vio-
lated. In addition, each citation may contain an order of abatement
fixing
a reasonable time for abatement of the violation, and may contain
an
assessment of a civil penalty not in excess of $2,000. The citation
shall be
served upon the veterinarian by any type of mailing requiring a
return
receipt. Before any citation may be issued, the executive director
shall
submit the alleged violation for review and investigation to at
least two
designees of the board who are veterinarians licensed in or
employed by
the state. The review shall include attempts to contact the
veterinarian
to discuss and resolve the alleged violation. Upon
conclusion of the board
designee's review, the designees shall prepare a finding of fact
and a
recommendation. If the board's designees conclude that probable
cause
exists that the veterinarian has violated any provisions of the
Kansas vet-
erinary practice act, a civil citation shall be issued to the
veterinarian,
according to policies adopted by the board through rules and
regulations.
(b) The board shall adopt rules and
regulations covering the assess-
ment of civil penalties under this section which give due
consideration to
the appropriateness of the penalty with respect to the following
factors:
(1) The gravity of the violation;
(2) the good faith of the person being
charged; and
(3) the history of previous
violations.
Sec. 16. K.S.A. 47-844 is hereby
amended to read as follows: 47-844.
(a) If a veterinarian desires to contest administratively a civil
citation or
the proposed assessment of a civil penalty such veterinarian,
within 30
days after service of the citation, shall notify the executive
director in
writing of such veterinarian's request for an informal conference
with the
executive director or the executive director's designee. The
executive di-
rector or the executive director's designee, within 60 days from
the receipt
of the request, shall hold an informal conference. At the
conclusion of
the informal conference, the executive director may affirm, modify
or
dismiss the citation or proposed assessment of a civil penalty, and
the
executive director shall state with particularity in writing the
reasons for
the action, and shall immediately transmit a copy thereof to the
board,
the veterinarian, and the person who submitted the complaint. If
the
veterinarian desires to contest administratively a decision made
after the
informal conference, such veterinarian shall inform the executive
director
in writing within 30 days after such person receives the decision
resulting
from the informal conference. If the veterinarian fails to notify
the ex-
ecutive director in writing that such veterinarian intends to
contest the
citation or the proposed assessment of a civil penalty or the
decision made
after an informal conference within the time specified in this
section, the
citation or the proposed assessment of a civil penalty or the
decision made
after an informal conference shall be deemed a final order of the
board
and shall not be subject to further administrative review.
Notwithstanding
any other provision of law, where a fine is paid to satisfy an
assessment
based on the findings of a violation, payment of the fine shall be
repre-
sented as satisfactory resolution of the matter for purposes of
public dis-
closure.
(b) A veterinarian, in lieu of contesting
a citation pursuant to this
section, may transmit to the board the amount assessed in the
citation as
a civil penalty, within 30 days after service of the citation. If a
hearing is
not requested pursuant to this section, payment of any fine shall
not
constitute an admission of the violation charged.
(c) If a veterinarian has notified the
executive director within 30 days
of the issuance of the assessment or citation that such
veterinarian intends
to contest the decision made after the informal conference, the
board
shall hold a hearing to be held in accordance with the Kansas
adminis-
trative procedure act. After the hearing, the board shall issue a
decision,
based on findings of fact, affirming, modifying, or vacating the
citation,
or directing other appropriate relief which shall include, but need
not be
limited to, a notice that the failure of a veterinarian to comply
with any
provision of the board's decision constitutes grounds for
suspension, or
denial of licensure, or both. The proceedings under this section
shall be
conducted in accordance with the Kansas administrative procedure
act
and the board shall have all the powers granted therein.
(d) After the exhaustion of the review
procedures provided for in this
section, the board may bring an action pursuant to the act for
judicial
review and civil enforcement of agency action to enforce any order
issued
pursuant to this section.
(e) Failure of the licensee to pay a fine
within 30 days of the date of
assessment, unless the citation is being appealed, may result in
discipli-
nary action being taken by the board. When a citation is not
contested
and a fine is not paid, the full amount of the assessed fine shall
be added
to the fee for renewal of the license. A license shall not be
renewed
without payment of the renewal fee and fine.
(f) All civil penalties received under
this act shall be deposited in the
state general fund following payment of all costs related to
fine assessment
investigation, adjudication and enforcement which shall be
credited to
the veterinary examiners fee fund.
Sec. 17. K.S.A. 47-817, 47-818,
47-819, 47-821, 47-823, 47-824, 47-
825, 47-829, 47-830, 47-832, 47-834, 47-839, 47-840, 47-842, 47-843
and
47-844 and K.S.A. 1998 Supp. 47-816 and 47-826 are hereby
repealed.
Sec. 18. This act shall take effect
and be in force from and after its
publication in the statute book.