CHAPTER 30 SENATE BILL No. 162 An Act concerning veterinarians; amending K.S.A. 47-816, 47-822 and 47-825 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 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'' means 60 minutes of par-
ticipation in a continuing education program or activity which meets the
minimum standards for continuing education according to rules and reg-
ulations adopted by the board.

      (d) ``Direct supervision'' means the supervising licensed veterinarian:

      (1) Is on the veterinary premises or in the same general area in a field
setting;

      (2) is quickly and easily available;

      (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 examined the animal and provided either written
or documented oral instructions or a written protocol for treatment of
the animal patient, 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.

      (m) ``Registered veterinary technician'' means a person who is a grad-
uate veterinary technician, has passed the examinations 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) (f) of 21 U.S.C. Sec. 353, as in effect on July 1,
2001.

      (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. 2000 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. 47-822 is hereby amended to read as follows: 47-822.
(a) The fee for an application for a license to practice veterinary medicine
in this state, as required by K.S.A. 47-824, and amendments thereto, shall
be not less than $50 nor more than $250.

      (b) The annual fee for renewal of license required under K.S.A. 47-
829, and amendments thereto, shall be not less than $20 nor more than
$100.

      (c) The fee for each examination for licensure as required by K.S.A.
47-825, and amendments thereto, shall not be less than $50 nor more
than $250 $500.

      (d) The fee for an application for registration of a registered veteri-
nary technician as provided in K.S.A. 47-821, and amendments thereto,
shall be not less than $20 nor more than $50.

      (e) The annual fee for renewal of registration of a registered veteri-
nary technician as provided in K.S.A. 47-821, and amendments thereto,
shall be not less than $5 nor more than $25.

      (f) The fee for an application for registration of a premises required
under K.S.A. 47-840, and amendments thereto, shall be not less than $50
nor more than $150.

      (g) The fee for renewal of registration of a premises required under
K.S.A. 47-840, and amendments thereto, shall be not less than $10 nor
more than $50.

      (h) A late fee of no more than $50 may be assessed to a person re-
questing registration of a premises.

      (i) The fee for inspection or reinspection of a premises required to
be registered under K.S.A. 47-840, and amendments thereto, shall be not
less than $50 nor more than $150.

      (j) The board shall determine annually the amount necessary to carry
out and enforce the provisions of this act and shall fix by rules and reg-
ulations the fees established in this section within the limitations provided
in this section.

      Sec.  3. K.S.A. 47-825 is hereby amended to read as follows: 47-825.
(a) The board shall provide for at least one examination during each year
and may provide for such additional examinations as are necessary. A
person desiring to take an examination shall make application at least 45
60 days before taking the examination.

      (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 applicant for a license
who has successfully 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 examination fees. Any applicant for ex-
amination who does not attend the examination shall forfeit the exami-
nation fee.

 Sec.  4. K.S.A. 47-816, 47-822 and 47-825 are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 20, 2001.
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