Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Colorado

West's Colorado Revised Statutes Annotated. Title 12. Professions and Occupations. General--(Continued). Article 64. Veterinarians.

Statute Details
Printable Version
Citation: CO ST 12-64-101 - 124

Citation: C. R. S. A. 12-64-101 - 124


Last Checked by Web Center Staff: 10/2013

Summary:  

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.



Statute in Full:

Definitions, Legislative Intent, and Title of Chapter

§ 12-64-101. Short title

§ 12-64-102. Legislative declaration

§ 12-64-103. Definitions

Licensing Provisions

§ 12-64-104. License requirements and exceptions--definitions--rules

§ 12-64-105. Board of veterinary medicine--creation--powers

§ 12-64-105.5. Immunity from civil process

§ 12-64-106. Status of persons previously licensed

§ 12-64-107. Application for license--qualifications

§ 12-64-107.5. Academic license

§ 12-64-108. License by endorsement--rules

§ 12-64-110. License renewal

§ 12-64-110.5. Inactive license

Discipline and Hearing Provisions

§ 12-64-111. Discipline of licensees

§ 12-64-111.5. Repealed by Laws 2004, Ch. 61, § 4 eff. August 4, 2004

§ 12-64-112. Hearing procedure

§ 12-64-113. Revocation

§ 12-64-114. Unauthorized practice--penalties

Animal Abandonment

§ 12-64-115. Abandonment of animals

Veterinary Student Provisions

§ 12-64-116. Veterinary students

§ 12-64-117. Repealed by Laws 2011, Ch. 207, § 24, eff. July 1, 2011

Emergency Care of Animals

§ 12-64-118. Emergency care or treatment

Veterinary Board and Records Laws

§ 12-64-119. Review of board of veterinary medicine--repeal of article

§ 12-64-120. Veterinary records in custody of animal care providers-definition-rules

Immunity for Reporting Cruelty to Animals

§ 12-64-121. Reporting requirements-immunity for reporting-veterinary-patient-client privilege inapplicable

§ 12-64-122. Corporate structure for the practice of veterinary medicine-definitions

§ 12-64-123. Veterinary premises-licensed veterinarian responsible for veterinary medical decisions

§ 12-64-124. Veterinarian peer health assistance program-fees-administration-rules

 

 

§ 12-64-101. Short title

This article shall be known and may be cited as the “Colorado Veterinary Practice Act”.

REPEAL

<For repeal of this section, see § 12-64-119.>

HISTORICAL AND STATUTORY NOTES

2010 Main Volume

Derivation:

Laws 1953, H.B.363, § 1 et seq.
C.R.S.1963, § 145-1-2.
Laws 1967, H.B.1226, § 1.

 

§ 12-64-102. Legislative declaration

This article is enacted as an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine. It is hereby declared that the practice of veterinary medicine is a privilege conferred upon persons possessed of the personal and professional qualifications specified in this article.

CREDIT(S)

Repealed and reenacted by Laws 1979, H.B.1338, § 1, eff. June 15, 1979.

REPEAL

<For repeal of this section, see § 12-64-119.>

HISTORICAL AND STATUTORY NOTES

2010 Main Volume

Derivation:

Laws 1953, H.B.363, § 1 et seq.
C.R.S.1963, § 145-1-1.
Laws 1967, H.B.1226, § 1.
Laws 1973, H.B.1214, § 1.

 

§ 12-64-103. Definitions

As used in this article, unless the context otherwise requires:

(1) “Animal” means any animal other than human, and said term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.

(2) Deleted by Laws 1991, S.B.91-12, § 1, eff. July 1, 1991.

(3) “Artificial insemination” means the collection of semen and the fertilization of, or attempted fertilization of, the ova of the female animal by placing or implanting, by artificial means, in the genital tract of the female animal the semen obtained from the male animal which will subsequently be used, or attempted to be used, to impregnate the female.

(4) “Board” means the state board of veterinary medicine.

(4.3) “Client” means the patient's owner, the owner's agent, or a person responsible for the patient.

(4.5) “Complainant” means the board or any other person who initiates a proceeding.

(5) “Direct supervision” means the supervising licensed veterinarian is readily available on the premises where the patient is being treated.

(5.1) “Dispense” means to provide a drug or device, other than by distribution, bearing a label stating the name of the veterinarian, the date dispensed, directions for use, all cautionary statements, withdrawal time, if appropriate, the identity of the animal, and the owner's name.

(5.2) “Distribute” or “distribution” means to provide a drug or device in the manufacturer's original package to the client-patient.

(6) “Hearing” means any proceeding initiated before the board in which the legal rights, duties, privileges, or immunities of a specific party or parties are determined.

(6.5) “Immediate supervision” means the supervising licensed veterinarian and any person being supervised are in direct contact with the patient.

(7) “License” means any grant of authority issued by the board to a person to engage in the practice of veterinary medicine.

(8) Deleted by Laws 1991, S.B.91-12, § 1, eff. July 1, 1991.

(9) “Licensed veterinarian” means a person licensed pursuant to this article.

(9.5) “Ova transplantation” means a technique by which fertilized embryos are collected from a donor female and transferred to a recipient female that serves as a surrogate mother for the remainder of the pregnancy.

(9.7) “Patient” means an animal that is examined or treated by a licensed veterinarian and includes herds, flocks, litters, and other groups of animals.

(10) “Practice of veterinary medicine” means any of the following:

(a) The diagnosing, treating, correcting, changing, relieving, or preventing of animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for artificial insemination, for ova transplantation, for testing for pregnancy, or for correcting sterility or infertility or to render advice or recommendation with regard thereto;

(b) The representation, directly or indirectly, publicly or privately, of an ability and willingness to do an act described in paragraph (a) of this subsection (10);

(c) The use of any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that a person using them is qualified to do any act described in paragraph (a) of this subsection (10);

(d) The application of principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control, and disaster medicine as applied to an act described in paragraph (a) of this subsection (10).

(11) “Respondent” means any person against whom a proceeding is initiated.

(12) “Rule” means any regulation, standard, or statement of policy adopted by the board to implement, interpret, or clarify the law which it enforces and administers and which governs its duties, functions, organization, and procedure.

(13) “School of veterinary medicine” means any veterinary school or department of a legally organized college or university whose course of study in the art and science of veterinary medicine has been approved by the board.

(14) “Unprofessional or unethical conduct” includes, but is not limited to, conduct of a character likely to deceive or defraud the public, false or misleading advertising, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either indirectly or directly any unlicensed person to practice veterinary medicine or to render any veterinary services except as provided in this article, or the violation of any rules adopted by the board which provide a code of professional ethics to be followed and carried out by persons licensed under this article.

(15) “Veterinarian” means a person who has received a doctor's degree in veterinary medicine, or its equivalent, from a school of veterinary medicine.

(15.5) “Veterinarian-client-patient relationship” means that relationship established when:

(a) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the owner or other caretaker has agreed to follow the instruction of the veterinarian;

(b) There is sufficient knowledge of an animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and

(c) The practicing veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen.

(16) “Veterinary medicine” includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of animal medicine.

(17) “Veterinary premises” or “premises” means a veterinary office, hospital, clinic, or temporary location in which veterinary medicine is being practiced by or under the direction and supervision of a licensed veterinarian.

(18) “Veterinary student” is a veterinary medical student who is enrolled in a school of veterinary medicine.

(19) “Veterinary student preceptor” is a veterinary medical student enrolled in a preceptor program in a school of veterinary medicine which has such a program.

(20) Deleted by Laws 2011, Ch. 207, § 11, eff. July 1, 2011.

Credits

Repealed and reenacted by Laws 1979, H.B.1338, § 2, eff. June 15, 1979. Amended by Laws 1991, S.B.91-12, § 1, eff. July 1, 1991; Laws 2007, Ch. 366, § 1, eff. July 1, 2007; Laws 2011, Ch. 207, § 11, eff. July 1, 2011; Laws 2013, Ch. 321, § 1, eff. May 28, 2013.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-104. License requirements and exceptions--definitions--rules

(1) No person may practice veterinary medicine in this state if the person is not a licensed veterinarian. No person may practice artificial insemination or ova transplantation of cattle or other animal species in this state except in accordance with section 12-64-105(9)(c). This article does not prohibit:

(a) An employee of the federal, state, or local government from performing his or her official duties;

(b) A person who is a regular student in an approved school of veterinary medicine from performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian;

(c) A person from advising with respect to, or performing acts which are, accepted livestock management practices;

(d) A veterinarian regularly licensed in another state from consulting with a licensed veterinarian in this state;

(e) Any merchant or manufacturer from selling, at his or her regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases;

(f)(I) Except as provided in subparagraph (II) of this paragraph (f) and subject to subsection (2) of this section, the owner of an animal and the owner's employees from caring for and treating the animal belonging to such owner.

(II) Subparagraph (I) of this paragraph (f) does not apply in cases where the ownership of the animal was transferred for purposes of circumventing this article or where the primary reason for hiring the employee is to circumvent this article.

(g) A person from lecturing or giving instructions or demonstrations at a school of veterinary medicine or in connection with a continuing education course or seminar for veterinarians;

(h) Any person from selling or applying any pesticide, insecticide, or herbicide;

(i) Any person from engaging in bona fide scientific research which reasonably requires experimentation involving animals or commercial production of biologics or animal medicines;

(j) Any person from performing duties other than diagnosis, prescription, surgery, or initiating treatment under the direction and supervision of a licensed veterinarian who shall be responsible for such person's performance;

(k) A veterinary student or veterinary student preceptor from performing those acts permitted by this article;

(l) Any person otherwise appropriately licensed or approved by the state from performing the functions described in section 12-64-103(10)(d);

(m) Deleted by Laws 2011, Ch. 207, § 4, eff. July 1, 2011.

(n) Deleted by Laws 1991, S.B.91-12, § 2, eff. July 1, 1991.

(o) Any person from performing massage on an animal in accordance with section 12-35.5-110(1)(f);

(p) The practice of animal chiropractic pursuant to section 12-33-127;

(q) The practice of animal physical therapy pursuant to section 12-41-113(4);

(r) Any person from assisting in a surgical procedure under the immediate supervision of a licensed veterinarian, who is responsible for the person's performance.

(2)(a) Notwithstanding paragraph (f) of subsection (1) of this section and except as permitted by paragraph (j) of subsection (1) of this section, a person who is not a licensed veterinarian shall not administer, distribute, dispense, or prescribe prescription drugs. Except as provided in paragraph (b) of this subsection (2), a licensed veterinarian must have a veterinarian-client-patient relationship with the animal and its owner or other caretaker in order to administer, distribute, dispense, or prescribe prescription drugs to or for an animal.

(b)(I) In an emergency situation where a licensed veterinarian who has a veterinarian-client-patient relationship prescribes a prescription drug that the licensed veterinarian does not have in stock and is not available at a local pharmacy, another licensed veterinarian who does not have a veterinarian-client-patient relationship with the animal and owner or other caretaker may administer, distribute, or dispense the prescription drug to the animal based on the examining veterinarian's expertise and veterinarian-client-patient relationship.

(II) The board shall adopt rules defining what constitutes an emergency situation under which this paragraph (b) would apply, including a requirement that failure to administer, distribute, or dispense the prescription drug threatens the health and well-being of the animal and requiring detailed records documenting the emergency circumstances that include at least the following:

(A) A requirement that the examining veterinarian with the veterinarian-client-patient relationship document the emergency and the immediate need for the prescription drug;

(B) A requirement that the examining veterinarian with the veterinarian-client-patient relationship document his or her efforts to obtain the prescription drug from a local pharmacy, including documentation of contact with at least one pharmacy in the general proximity of the examination location that does not have the prescription drug immediately available; and

(C) A requirement that the licensed veterinarian who administers, distributes, or dispenses the prescription drug document the date the prescription is administered, distributed, or dispensed.

(III) A veterinarian who administers, distributes, dispenses, or prescribes a prescription drug in accordance with this paragraph (b) is not subject to discipline pursuant to section 12-64-111(1)(aa) if the veterinarian satisfies the requirements of this paragraph (b) and the rules adopted by the board.

CREDIT(S)
Repealed and reenacted by Laws 1979, H.B.1338, § 3, eff. June 15, 1979. Amended by Laws 1991, S.B.91-12, § 2, eff. July 1, 1991; Laws 2007, Ch. 366, § 2, eff. July 1, 2007; Laws 2008, Ch. 90, § 1, eff. Aug. 5, 2008; Laws 2009, Ch. 366, § 10, eff. June 1, 2009; Laws 2011, Ch. 207, §§ 4, 5, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-105. Board of veterinary medicine--creation--powers

(1) The governor shall appoint a state board of veterinary medicine consisting of seven members. Each member shall be appointed for a term of four years. The governor shall appoint members of the board from qualified persons as described in subsection (2) of this section. The governor shall appoint members to fill vacancies on the board caused by death, resignation, or removal for the balance of the unexpired term. No person shall serve more than two consecutive four-year terms. A person appointed to serve out the balance of an unexpired term may be reappointed for an additional consecutive four-year term. Members of the board may remain on the board until a successor is appointed.

(2) The governor shall appoint five members to the board who are graduates of a school of veterinary medicine, who are residents of this state, and who have been licensed to practice veterinary medicine in this state for the five years preceding the time of the appointment. The governor shall appoint two members to the board from the public at large who have no financial or professional association with the veterinary profession.

(3) Repealed by Laws 1979, S.B.264, § 16.

(4) Deleted by Laws 1991, S.B.91-12, § 3, eff. July 1, 1991.

(5) The governor may remove a member of the board for misconduct, incompetence, or neglect of duty or other sufficient cause.

(6) The board shall meet at least once each quarter during the year at a time and place fixed by the board. Other meetings may be called from time to time by the president of the board. Except as otherwise provided, a majority of the board constitutes a quorum. Meetings shall be conducted as provided in article 6 of title 24, C.R.S.

(7) Deleted by Laws 1991, S.B.91-12, § 3, eff. July 1, 1991.

(8) All moneys collected or received by the board, except as provided in section 12-64-111(4), shall be transmitted to the state treasurer, who shall credit the same pursuant to section 24-34-105, C.R.S., and the general assembly shall make annual appropriations pursuant to said section for the expenditures of the board incurred in the performance of its duties under this article, which expenditures shall be made from such appropriations upon vouchers and warrants drawn pursuant to law.

(9) The board has the power to:

(a) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in this state;

(b) Issue, renew, deny, suspend, or revoke licenses to practice veterinary medicine in the state or otherwise discipline or fine, or both, licensees consistent with this article and the rules adopted by the board under this article;

(c) Regulate artificial insemination and ova transplantation of cattle or other animal species by establishing rules and regulations for standards of practice, including rules relating to methods and procedures for safe artificial insemination and ova transplantation;

(d) Establish, pursuant to section 24-34-105, C.R.S., and publish annually a schedule of fees for licensing and registration of veterinarians. The board shall base the fee on its anticipated financial requirements for the year.

(e)(I) Conduct investigations;

(II) Administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing, investigation, accusation, or other matter coming before the board. The board may appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and to make findings and report them to the board pursuant to paragraph (f) of this subsection (9).

(III) Upon failure of a witness to comply with a subpoena or process, the district court of the county in which the subpoenaed person or licensee resides or conducts business, upon application by the board and with notice to the subpoenaed person or licensee, may issue to the person or licensee an order requiring that person or licensee to appear before the board; to produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.

(f) Hold hearings on all matters properly brought before the board. An administrative law judge may conduct all hearings for denying, suspending, or revoking a license or for any other similar matter properly brought before the board and assigned by the board to the administrative law judge, subject to appropriations made to the department of personnel. An administrative law judge shall be appointed pursuant to part 10 of article 30 of title 24, C.R.S. Disciplinary and punitive actions of the board shall be made public.

(g) Deleted by Laws 1991, S.B.91-12, § 3, eff. July 1, 1991.

(h) Deleted by Laws 2011, Ch. 207, § 9, eff. July 1, 2011.

(i) Bring proceedings in the courts for the enforcement of this article or any regulations made by the board;

(j) Adopt, amend, or repeal rules necessary for the administration and enforcement of this article. The board shall adopt rules to establish a uniform system and schedule of fines that it may impose on licensees for violations of this article or of rules adopted pursuant to this article.

(k) Deleted by Laws 1991, S.B.91-12, § 3, eff. July 1, 1991.

(l) Issue a cease-and-desist order.

(m) Impose fines against corporations in accordance with section 12-64-123(2).

(10) The board may, at any time, inspect veterinary premises to assure that they are clean and sanitary.

(11) The powers of the board are granted to enable the board to effectively supervise the practice of veterinary medicine and are to be construed liberally to accomplish this objective.

(12) Deleted by Laws 1991, S.B.91-12, § 3, eff. July 1, 1991.

(13) The board shall consult with the state physical therapy board created in section 12-41-103.3 concerning rules that the board intends to adopt with regard to physical therapy of animals.

Credits

Amended by Laws 1976, H.B.1088, § 35, eff. July 1, 1976; Laws 1976, S.B.76, § 11, eff. May 24, 1976; Laws 1978, S.B.70, § 37, eff. June 15, 1978; Laws 1979, H.B.1338, §§ 4, 5, eff. June 15, 1979; Laws 1979, H.B.1501, § 115, eff. July 19, 1979; Laws 1979, S.B.264, § 16, eff. July 1, 1979; Laws 1979, S.B.293, § 26, eff. July 1, 1979; Laws 1980, S.B.109, § 46, eff. June 5, 1980; Laws 1983, S.B.188, § 1, eff. July 1, 1983; Laws 1987, H.B.1049, § 54, eff. March 13, 1987; Laws 1987, H.B.1342, § 10, eff. June 15, 1987; Laws 1991, S.B.91-12, § 3, eff. July 1, 1991; Laws 1995, H.B.95-1362, § 23, eff. July 1, 1995; Laws 2001, Ch. 150, § 1, eff. July 1, 2001; Laws 2004, Ch. 378, § 116, eff. Aug. 4, 2004; Laws 2006, Ch. 181, § 42, eff. July 1, 2006; Laws 2007, Ch. 366, § 3, eff. July 1, 2007; Laws 2011, Ch. 172, § 33, eff. July 1, 2011; Laws 2011, Ch. 207, §§ 9, 14, eff. July 1, 2011; Laws 2013, Ch. 316, § 31, eff. Aug. 7, 2013.

REPEAL
<For repeal of this section, see § 12-64-119.>

 

§ 12-64-105.5. Immunity from civil process

Any member of the board, any member of the board's staff, any person acting as a witness or consultant to the board, any witness testifying in a proceeding authorized under this article, and any person who lodges a complaint pursuant to this article shall be immune from liability in any civil action brought against him or her for acts occurring while acting in his or her capacity as board member, staff, consultant, or witness, respectively, if such individual was acting in good faith within the scope of his or her respective capacity, made a reasonable effort to obtain the facts of the matter as to which he or she acted, and acted in the reasonable belief that the action taken by him or her was warranted by the facts. Any person participating in good faith in lodging a complaint or participating in any investigative or administrative proceeding pursuant to this article shall be immune from any civil or criminal liability that may result from such participation.

CREDIT(S)

Added by Laws 1991, S.B.91-12, § 4, eff. July 1, 1991. Amended by Laws 2004, Ch. 378, § 117, eff. Aug. 4, 2004.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-106. Status of persons previously licensed

A person holding a valid license to practice veterinary medicine in this state on July 1, 1973, is recognized as a licensed veterinarian and is entitled to retain this status as long as he or she complies with this article and rules adopted pursuant to this article, including compliance with the requirement to renew the license according to the schedule established pursuant to section 12-64-110.

CREDIT(S)

Amended by Laws 2011, Ch. 207, § 15, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-107. Application for license--qualifications

(1) Any person twenty-one years of age or older desiring a license to practice veterinary medicine in this state shall apply for the license in a manner approved by the board.

(2) Deleted by Laws 1991, S.B.91-12, § 5, eff. July 1, 1991.

(3) In the application for licensure, the applicant shall demonstrate that he or she has:

(a)(I) Graduated from an accredited school of veterinary medicine; or

(II) Graduated from a nonaccredited school of veterinary medicine and received a certificate from a national program approved by the board that assesses educational equivalency of graduates from nonaccredited schools of veterinary medicine; and

(b) Passed an examination approved by the board by rule.

(c) Deleted by Laws 2011, Ch. 207, § 16, eff. July 1, 2011.

(4) The board may deny a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:

(a) Does not possess the qualifications required by this article;

(b) Has engaged in conduct that constitutes grounds for discipline pursuant to section 12-64-111(1);

(c) Has been disciplined in another state or jurisdiction with respect to his or her license to practice veterinary medicine in that state or jurisdiction; or

(d) Has not actively practiced veterinary medicine for the two-year period immediately preceding the date of receipt of the application or has not otherwise maintained continued competence, as determined by the board.

(5) If the board denies a license to an applicant or grants a license subject to terms of probation, the applicant may seek review of the board's decision pursuant to section 24-4-104(9), C.R.S.; except that, by accepting a license that is subject to probationary terms, the applicant waives any remedies available pursuant to section 24-4-104(9), C.R.S.

CREDIT(S)

Amended by Laws 1977, H.B.1101, § 12, eff. March 16, 1977. Repealed and reenacted by Laws 1979, H.B.1338, § 6, eff. June 15, 1979; Laws 1983, S.B.188, § 2, eff. July 1, 1983. Amended by Laws 1989, S.B.125, § 1, eff. July 1, 1989; Laws 1991, S.B.91-12, § 5, eff. July 1, 1991; Laws 2001, Ch. 150, § 2, eff. July 1, 2001; Laws 2011, Ch. 207, § 16, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-107.5. Academic license

(1) A veterinarian who is employed at a school of veterinary medicine in this state and who practices veterinary medicine in the course of his or her employment responsibilities shall either apply, in a manner approved by the board, for an academic license in accordance with this section or shall otherwise become licensed pursuant to sections 12-64-107 and 12-64-108.

(2) A person who applies for an academic license shall submit proof to the board that he or she:

(a) Graduated from a school of veterinary medicine located in the United States or another country; and

(b) Is employed by an accredited school of veterinary medicine in this state.

(3) An applicant for an academic license shall not be required to comply with the requirements of sections 12-64-107 and 12-64-108.

(4) An academic license shall authorize the licensee to practice veterinary medicine only while engaged in the performance of his or her official duties as a university employee. An academic licensee may not use an academic license to practice veterinary medicine outside of his or her academic responsibilities.

(5) In addition to the requirements of this section, an applicant for an academic license shall complete all procedures for academic licensing established by the board to become licensed.

CREDIT(S)

Added by Laws 2007, Ch. 366, § 4, eff. Jan. 1, 2008. Amended by Laws 2011, Ch. 207, § 17, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-108. License by endorsement--rules

(The board may issue a license by endorsement to engage in the practice of veterinary medicine in this state to an applicant who has a license in good standing as a veterinarian in another jurisdiction if the applicant presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the applicant possesses credentials and qualifications that are substantially equivalent to the Colorado requirements for licensure set forth in section 12-64-107. The board may specify, by rule, what constitutes substantially equivalent credentials and qualifications.

CREDIT(S)

Amended by Laws 1979, H.B.1338, § 7, eff. June 15, 1979; Laws 1991, S.B.91-12, § 6, eff. July 1, 1991. Repealed and reenacted by Laws 2011, Ch. 207, § 18, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-109. Repealed by Laws 1991, S.B.91-12, § 7, eff. July 1, 1991

 

§ 12-64-110. License renewal

(1) Deleted by Laws 2004, Ch. 378, § 118, eff. Aug. 4, 2004.

(2) All licenses must be renewed or reinstated pursuant to a schedule established by the director of the division of registrations within the department of regulatory agencies pursuant to section 24-34-102(8), C.R.S. The director of the division of registrations within the department of regulatory agencies may establish renewal fees and delinquency fees for renewal and fees for reinstatement pursuant to section 24-34-105, C.R.S. If a person fails to renew his or her license pursuant to the schedule established by the director of the division of registrations, the license expires. A person whose license expires is subject to the penalties provided in this article or section 24-34-102(8), C.R.S.

(3) The board, by rule, may waive a licensed veterinarian's renewal fee while he or she is on active duty with any branch of the armed services of the United States. The period during which the renewal fee is waived cannot exceed the longer of three years or the duration of a national emergency.

(4)(a) In order to obtain license renewal, each licensee, except as otherwise provided, must complete a board-approved veterinary continuing educational program of at least thirty-two hours biennially. The courses may be taken at any time during the period since the license was last renewed and before the license is due to be renewed. The licensee shall provide satisfactory proof of the completion of all delinquent continuing education requirements. For good cause, the board may prescribe the type and character of continuing education courses to be taken by any doctor of veterinary medicine in order to comply with the requirements of this article.

(b) The board shall have the authority to excuse licensees, as groups or individuals, from biennially continuing educational requirements for a good and sufficient reason.

(c) The board may employ qualified personnel to aid in the implementation of this section.

CREDIT(S)

Amended by Laws 1979, H.B.1338, § 9, eff. June 15, 1979; Laws 1979, S.B.293, § 27, eff. July 1, 1979; Laws 1983, S.B.188, § 4, eff. July 1, 1983; Laws 1991, H.B.91-1065, § 41, eff. June 5, 1991; Laws 1991, S.B.91-12, § 8, eff. July 1, 1991; Laws 2001, Ch. 150, § 3, eff. July 1, 2001; Laws 2004, Ch. 378, § 118, eff. Aug. 4, 2004; Laws 2011, Ch. 207, § 19, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

§ 12-64-110.5. Inactive license

(1) Upon notice to the board, a person licensed to practice veterinary medicine shall have his or her license transferred to inactive status. If a person whose license is in inactive status wishes to resume the practice of veterinary medicine, he or she shall apply to the board in a form and manner approved by the board and shall demonstrate, to the satisfaction of the board, continued competency to practice veterinary medicine. The board may approve the application and issue a license or may deny the application pursuant to section 12-64-107(4).

(2) The board may pursue disciplinary proceedings pursuant to section 12-64-111 against a veterinarian whose license is in inactive status pursuant to this section for conduct that violates this article that the person engages in while in inactive status.

(3) Deleted by Laws 2011, Ch. 207, § 20, eff. July 1, 2011.

CREDIT(S)

Added by Laws 1977, H.B.1057, § 1, eff. March 16, 1977. Amended by Laws 1979, S.B.293, § 28, eff. July 1, 1979; Laws 1991, S.B.91-12, § 9, eff. July 1, 1991; Laws 2001, Ch. 150, § 4, eff. July 1, 2001; Laws 2011, Ch. 207, § 20, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-111. Discipline of licensees

(1) Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in conformity with section 12-64-112. After a hearing, and by a concurrence of a majority of members, the board may deny a license to an applicant or revoke or suspend the license of, place on probation, or otherwise discipline or fine, a licensed veterinarian for any of the following reasons:

(a) Violation of any of the provisions of this article or any of the rules of the board;

(b) Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a license;

(c) Deleted by Laws 2011, Ch. 207, § 10, eff. July 1, 2011.

(d) Fraud, deception, misrepresentation, or dishonest or illegal practices in or connected with the practice of veterinary medicine;

(e) Misrepresentation in the inspection of food for human consumption;

(f) Fraudulent issuance or use of any health certificate, vaccination certificate, test chart, or blank form used in the practice of veterinary medicine to prevent the dissemination of animal disease, transportation of diseased animals, or the sale of inedible products of animal origin for human consumption;

(g) Fraud or dishonesty in the application or reporting of any test for disease in animals;

(h) Failure to keep veterinary premises and equipment in a clean and sanitary condition;

(i) Refusal to permit the board to inspect veterinary premises during business hours;

(j) Use of advertising or solicitation which is false or misleading;

(k) Incompetence, negligence, or other malpractice in the practice of veterinary medicine;

(l) Unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine that are in violation of generally accepted standards of veterinary practice as defined in this article or prescribed by the rules of the board;

(m) Willful making of any false statement as to any material matter in any oath or affidavit which is required by this article;

(n) Deleted by Laws 1991, S.B.91-12, § 10, eff. July 1, 1991.

(o) Conviction of a charge of cruelty to animals;

(p) Conviction of a violation of the “Uniform Controlled Substances Act of 2013”, article 18 of title 18, C.R.S., the federal “Controlled Substances Act”,1 or the federal “Controlled Substances Import and Export Act”,2 or any of them;

(q) Conviction of a crime in the courts of this state or of a crime in any other state, any territory, or any other country for an offense related to the conduct regulated by this article, regardless of whether the sentence is deferred. For the purposes of this paragraph (q), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.

(r) Conviction upon charges which involve the unlawful practice of veterinary medicine, and, based upon a record of such conviction, without any other testimony, the board may take temporary disciplinary action, even though an appeal for review by a higher court may be pending;

(s) Permitting another to use his or her license for the purpose of treating or offering to treat sick, injured, or afflicted animals;

(t) Practicing veterinary medicine under a false or assumed name, or impersonating another practitioner of a like, similar, or different name;

(u) Maintenance of a professional or business connection with any other person who continues to violate any of the provisions of this article or rules of the board after ten days following receipt of the board's written request for termination of such connection;

(v) Habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102(5), C.R.S.;

(w) A determination that he or she is mentally incompetent by a court of competent jurisdiction and such court has entered, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109(4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency is of such a degree that he or she is incapable of continuing to practice veterinary medicine;

(x) Engaging in the practice of veterinary medicine while in inactive status or while the person's license is expired;

(y) Deleted by Laws 2011, Ch. 207, § 10, eff. July 1, 2011.

(z) Failing to report a known violation of any of the provisions of this section;

(aa) Administering, dispensing, distributing, or prescribing any prescription drug other than in the course of a veterinarian-client-patient relationship, except in accordance with section 12-64-104(2)(b);

(bb) An act or omission which fails to meet generally accepted standards of veterinary practice;

(cc) Practicing or performing services beyond a licensee's scope of competence;

(dd) Engaging in any act prohibited in article 42.5 of this title;

(ee) Failure to respond to a complaint against the licensed veterinarian;

(ff) Failure to provide to the board an updated mailing address and other contact information as required by the board within thirty days after a change in the information;

(gg) Failure to properly supervise a veterinary student or veterinary staff;

(hh) Failure to provide a written prescription to a wholesaler within three business days after issuing an oral prescription order, as required by section 12-42.5-118(3)(b).

(1.5)(a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, a letter of admonition may be issued and sent, by certified mail, to the licensee.

(b) When a letter of admonition is sent by the board, by certified mail, to a licensee, such licensee shall be advised that he or she has the right to request in writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based.

(c) If the request for adjudication is timely made, the letter of admonition shall be deemed vacated and the matter shall be processed by means of formal disciplinary proceedings.

(1.7) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by the board and, in the opinion of the board, the complaint should be dismissed, but the board has noticed indications of possible errant conduct by the licensee that could lead to serious consequences if not corrected, a confidential letter of concern may be issued and sent to the licensee.

(2) The record of conviction of a felony in a court of competent jurisdiction shall be sufficient evidence for such disciplinary action to be taken as may be deemed proper by the board. For the purposes of this article, a conviction shall be deemed to be a conviction which has been upheld by the highest appellate court having jurisdiction or a conviction upon which the time for filing an appeal has passed.

(2.5) With respect to denying the issuance of a veterinary license or to taking disciplinary action against a veterinarian, the board may accept as prima facie evidence of grounds for such action any federal or state action taken against a veterinarian from another jurisdiction if the violation which prompted the disciplinary action in such jurisdiction would constitute grounds for disciplinary action under this section.

(3) Repealed by Laws 2011, Ch. 207, § 7, eff. July 1, 2011.

(4) In addition to any other penalty that may be imposed pursuant to this section, any person violating any provision of this article or any rules promulgated pursuant to this article may be fined not less than one hundred dollars nor more than one thousand dollars for any such violation. Any moneys collected pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the moneys to the general fund.

(5) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the board, warrants formal action, the complaint shall not be resolved by a deferred settlement, action, judgment, or prosecution.

 
(6)(a) If it appears to the board, based upon credible evidence as presented in a written complaint by any person or on the board's own motion, that a licensed veterinarian is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the required license, the board may issue an order to cease and desist such activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful acts or unlicensed practices immediately cease.

(b) Within ten days after service of the order to cease and desist pursuant to paragraph (a) of this subsection (6), the respondent may request a hearing on the question of whether acts or practices in violation of this article have occurred. Such hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S.

 
(7)(a) If it appears to the board, based upon credible evidence as presented in a written complaint by any person or on the board's own motion, that a person has violated any other portion of this article, in addition to any specific powers granted pursuant to this article, the board may issue to the person an order to show cause why the board should not issue a final order directing the person to cease and desist from the unlawful act or unlicensed practice.

(b) A person against whom an order to show cause has been issued pursuant to paragraph (a) of this subsection (7) shall be promptly notified by the board of the issuance of the order, along with a copy of the order, the factual and legal basis for the order, and the date set by the board for a hearing on the order. Such notice may be served by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom such order is issued. Personal service or mailing of an order or document pursuant to this subsection (7) shall constitute notice thereof to the person.

 
(c)(I) The hearing on an order to show cause shall be commenced no sooner than ten and no later than forty-five calendar days after the date of transmission or service of the notification by the board as provided in paragraph (b) of this subsection (7). The hearing may be continued by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event shall the hearing commence later than sixty calendar days after the date of transmission or service of the notification.

(II) If a person against whom an order to show cause has been issued pursuant to paragraph (a) of this subsection (7) does not appear at the hearing, the board may present evidence that notification was properly sent or served upon such person pursuant to paragraph (b) of this subsection (7) and such other evidence related to the matter as the board deems appropriate. The board shall issue the order within ten days after the board' s determination related to reasonable attempts to notify the respondent, and the order shall become final as to that person by operation of law. Such hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S.

(III) If the board reasonably finds that the person against whom the order to show cause was issued is acting or has acted without the required license, or has or is about to engage in acts or practices constituting violations of this article, a final cease-and-desist order may be issued, directing such person to cease and desist from further unlawful acts or unlicensed practices.

(IV) The board shall provide notice, in the manner set forth in paragraph (b) of this subsection (7), of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this paragraph (c) to each person against whom the final order has been issued. The final order issued pursuant to subparagraph (III) of this paragraph (c) shall be effective when issued and shall be a final order for purposes of judicial review.

(8) If it appears to the board, based upon credible evidence presented to the board, that a person has engaged in or is about to engage in any unlicensed act or practice, any act or practice constituting a violation of this article, any rule promulgated pursuant to this article, any order issued pursuant to this article, or any act or practice constituting grounds for administrative sanction pursuant to this article, the board may enter into a stipulation with such person.

(9) If any person fails to comply with a final cease-and-desist order or a stipulation, the board may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested such attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order.

(10) A person aggrieved by the final cease-and-desist order may seek judicial review of the board's determination or of the board's final order in a court of competent jurisdiction.

(11) The board may suspend the license of a veterinarian who fails to comply with an order of the board issued in accordance with this section. The board may impose the license suspension until the licensee complies with the board's order.


Credits


Amended by Laws 1975, S.B.135, § 15, eff. July 14, 1975; Laws 1977, H.B.1057, § 2, eff. March 16, 1977; Laws 1979, H.B.1338, §§ 10, 11, eff. June 15, 1979; Laws 1981, H.B.1405, § 16, eff. July 1, 1981; Laws 1983, S.B.188, § 5, eff. July 1, 1983; Laws 1991, S.B.91-12, §§ 10, 11, eff. July 1, 1991; Laws 1991, S.B.91-84, § 9, eff. July 1, 1991; Laws 1994, S.B.94-206, § 35, eff. May 31, 1994; Laws 1999, Ch. 186, § 12, eff. Aug. 4, 1999; Laws 2001, Ch. 150, § 5, eff. July 1, 2001; Laws 2004, Ch. 316, § 47, eff. Aug. 4, 2004; Laws 2004, Ch. 378, § 119, eff. Aug. 4, 2004; Laws 2006, Ch. 181, § 43, eff. July 1, 2006; Laws 2010, Ch. 188, § 14, eff. April 29, 2010; Laws 2011, Ch. 207, §§ 6, 7, 10, 12, eff. July 1, 2011; Laws 2012, Ch. 281, § 4, eff. July 1, 2012.

[FN1] 21 U.S.C.A. § 801 et seq.
[FN2] 21 U.S.C.A. § 951 et seq.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-111.5. Repealed by Laws 2004, Ch. 61, § 4 eff. August 4, 2004

 

§ 12-64-112. Hearing procedure

(1) Repealed by Laws 1979, H.B.1338, § 16.

(2) Hearings shall be conducted in conformity with sections 24-4-105 and 24-4-106, C.R.S. The court of appeals shall have initial jurisdiction to review all final agency actions and orders pursuant to section 24-4-106(11), C.R.S.

CREDIT(S)

Amended by Laws 1979, H.B.1338, § 16, eff. June 15, 1979; Laws 2001, Ch. 150, § 6, eff. July 1, 2001.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-113. Reinstatement

Any person whose license is revoked is ineligible to apply for a license under this article for at least two years after the date of revocation of the license. The board shall treat a subsequent application for licensure from a person whose license was revoked as an application for a new license under this article.

CREDIT(S)

Amended by Laws 2011, Ch. 207, § 13, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-114. Unauthorized practice--penalties

(1) No person who practices veterinary medicine without a currently valid license may receive any compensation for services so rendered.

(2) Any person who practices or offers or attempts to practice veterinary medicine without an active license issued under this article commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense, and for the second or any subsequent offense, the person commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(3) The board or a citizen of this state may bring an action to enjoin a person from practicing veterinary medicine without a currently valid license. If the court finds that the person is violating, or is threatening to violate, this article, it may enter an injunction restraining him or her from such unlawful acts.

(4) 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.

CREDIT(S)

Amended by Laws 1985, H.B.1172, § 21, eff. July 1, 1985; Laws 1991, S.B.91-12, § 13, eff. July 1, 1991; Laws 2002, Ch. 318, § 119, eff. Oct. 1, 2002; Laws 2006, Ch. 30, § 63, eff. Aug. 7, 2006; Laws 2011, Ch. 207, § 21, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

§ 12-64-115. Abandonment of animals

(1) An animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care that is unclaimed by its owner or his or her agent for more than ten days after written notice, by certified mail, return receipt requested, is given to the addressee at his or her last known address is deemed to be abandoned and may be turned over to the nearest humane society or animal shelter or disposed of in a manner deemed appropriate by the custodian.

(2) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian, as provided in subsection (1) of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal. Such procedure by the licensed veterinarian shall not constitute grounds for disciplining procedure under this article.

(3) For the purpose of this article, the term “abandoned” means to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or his or her agent. Abandonment constitutes the relinquishment of all rights and claims by the owner to the animal.

CREDIT(S)

Amended by Laws 1979, H.B.1338, § 12, eff. June 15, 1979; Laws 1979, S.B.293, § 29, eff. July 1, 1979; Laws 2011, Ch. 207, § 22, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-116. Veterinary students

(1) All duties performed by a veterinary student must be under the direct supervision of a licensed veterinarian. If the student does not conform to the following requirements, the licensed veterinarian is in violation of this article. A veterinary student may:

(a) Administer drugs only under the direct supervision of a licensed veterinarian; and

(b) Perform surgery, only if he or she is competent and has the necessary training and experience, under the direct supervision of a licensed veterinarian.

(c) and (d) Deleted by Laws 2011, Ch. 207, § 23, eff. July 1, 2011.

(2) It is unlawful for a veterinary student to participate in the operation of a branch office, clinic, or allied establishment unless the veterinary student is under the direct supervision of a licensed veterinarian.

CREDIT(S)

Amended by Laws 1979, H.B.1338, § 13, eff. June 15, 1979; Laws 1991, S.B.91-12, § 14, eff. July 1, 1991; Laws 2011, Ch. 207, § 23, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-117. Veterinary student preceptors - § 12-64-117. Repealed by Laws 2011, Ch. 207, § 24, eff. July 1, 2011

Former Text:

All duties of a veterinary student preceptor must be performed upon the request of the licensed veterinarian who is responsible for appropriately supervising, on the premises, the veterinary student preceptor's work. It is unlawful for the veterinary student preceptor to participate in the operation of a branch office, clinic, or allied establishment unless a licensed veterinarian is present on the premises.

CREDIT(S)
Amended by Laws 1979, H.B.1338, § 14, eff. June 15, 1979.
REPEAL
<This section is repealed effective July 1, 2011, by § 12-64-119.>

 

§ 12-64-118. Emergency care or treatment

A licensed veterinarian who in good faith administers emergency care or treatment, or euthanasia for humane reasons, to an animal, without compensation, either voluntarily or at the request of a state or local governmental officer or employee, is not liable for civil damages for good faith acts in the administration of such care or treatment. This immunity does not apply in the event of a wanton or reckless disregard of the rights of the owner of the animal.

CREDIT(S)

Amended by Laws 1979, H.B.1338, § 15, eff. June 15, 1979; Laws 2011, Ch. 207, § 25, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-119. Review of board of veterinary medicine--repeal of article

This article is repealed, effective September 1, 2022. Prior to such repeal the state board of veterinary medicine shall be reviewed as provided for in section 24-34-104, C.R.S.

CREDIT(S)

Added by Laws 1991, S.B.91-12, § 15, eff. July 1, 1991. Amended by Laws 2001, Ch. 150, § 7, eff. July 1, 2001; Laws 2011, Ch. 207, § 1, eff. July 1, 2011.

REPEAL

<For repeal of this section, see its own provisions.>

 

§ 12-64-120. Veterinary records in custody of animal care providers-- definition--rules

(1) As used in this section, unless the context otherwise requires, “animal care provider” means any veterinary practice or veterinary hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary care or treatment to animals.

(2) Animal care providers shall make available the veterinary records in their custody as follows:

(a) The owner of an animal or the owner's designated representative shall have reasonable access to such animal's records for inspection;

(b) The owner or the owner's designated representative may obtain a summary of such animal's records upon request, following termination of care or treatment; and

(c) Copies of veterinary records, including digital records, digital images, diagnostic quality X rays, CT SCANs, MRIs, or other films, shall be furnished to:

(I) The owner or the owner's designated representative upon payment of reasonable costs; and

(II) Local law enforcement authorities and the bureau of animal protection in the department of agriculture in connection with an investigation of animal cruelty pursuant to section 18-9-202, C.R.S., or animal fighting pursuant to section 18-9-204, C.R.S.

(3)(a) Records concerning an animal's care are available to the public unless a veterinary-patient-client privilege exists with respect to such animal, as provided in section 24-72-204(3)(a)(XIV), C.R.S.

(b) All practicing veterinarians in this state shall maintain accurate records for every new or existing veterinarian-client-patient relationship as defined in section 12-64-103(15.5). In the animal patient records, the licensed veterinarian shall justify and describe the assessment, diagnosis, and treatment administered or prescribed and all medications and dosages prescribed in a legible, written, printed, or electronically prepared document that is unalterable. The licensed veterinarian shall prepare the records in a manner that allows any subsequent evaluation of the same animal patient record to yield comprehensive medical, patient, and veterinarian identifying information. Licensed veterinarians shall maintain animal patient records for a minimum of three years after the animal patient's last medical examination.

(c) The board shall promulgate rules including, but not limited to, criteria by which animal patient records may be adapted in the case of herds, flocks, litters, large volume, or specialty veterinary practices and identify exceptions to paragraph (a) of this subsection (3), if necessary, for veterinarians rendering emergency care or treatment.

CREDIT(S)

Added by Laws 1999, Ch. 127, § 2, eff. Aug. 4, 1999. Amended by Laws 2001, Ch. 150, § 8, eff. July 1, 2001; Laws 2007, Ch. 366, § 5, eff. July 1, 2007; Laws 2011, Ch. 207, § 26, eff. July 1, 2011.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-121. Reporting requirements--immunity for reporting--veterinary-patient-client privilege inapplicable

(1) A licensed veterinarian who, during the course of attending or treating an animal, has reasonable cause to know or suspect that the animal has been subjected to cruelty in violation of section 18-9-202, C.R.S., or subjected to animal fighting in violation of section 18-9-204, C.R.S., shall report or cause a report to be made of the animal cruelty or animal fighting to a local law enforcement agency or the bureau of animal protection.

(2) A licensed veterinarian shall not knowingly make a false report of animal cruelty or animal fighting to a local law enforcement agency or to the bureau of animal protection.

(3) A licensed veterinarian who willfully violates the provisions of subsection (1) or (2) of this section commits a class 1 petty offense, punishable as provided in section 18-1.3-503, C.R.S.

(4) A licensed veterinarian who in good faith reports a suspected incident of animal cruelty or animal fighting to the proper authorities in accordance with subsection (1) of this section shall be immune from liability in any civil or criminal action brought against the veterinarian for reporting the incident. In any civil or criminal proceeding in which the liability of a veterinarian for reporting an incident described in subsection (1) of this section is at issue, the good faith of the veterinarian shall be presumed.

(5) The veterinary-patient-client privilege described in section 24-72-204(3)(a)(XIV), C.R.S., may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202, C.R.S., or for an act of animal fighting under section 18-9-204, C.R.S.

CREDIT(S)

Added by Laws 2001, Ch. 150, § 9, eff. July 1, 2001. Repealed and reenacted by Laws 2007, Ch. 366, § 6, eff. July 1, 2007.

REPEAL

<For repeal of this section, see § 12-64-119.>

 

§ 12-64-122. Corporate structure for the practice of veterinary medicine--definitions

(1) A licensed veterinarian shall not practice veterinary medicine in or through a corporation except in accordance with this section.

(2) One or more persons may form or own shares in a corporation for the practice of veterinary medicine if the corporation is organized and operated in accordance with this section. A corporation formed pursuant to this section may exercise the powers and privileges conferred upon corporations by the laws of Colorado.

(3) The practice of veterinary medicine by a corporation pursuant to this section must be performed by or under the supervision of a licensed veterinarian. Lay directors, officers, and shareholders of the corporation shall not exercise any authority whatsoever over the independent medical judgment of licensed veterinarians performing or supervising the practice of veterinary medicine by or on behalf of the corporation.

(4) The corporation shall not engage in any act or omission that, if engaged in by a licensed veterinarian employed by the corporation, would violate section 12-64-111(1). A violation of section 12-64-111(1) is grounds for the board to discipline a licensee pursuant to section 12-64-111.

(5) Nothing in this section diminishes or changes the obligation of each licensed veterinarian employed by the corporation to conduct his or her practice so as not to violate section 12-64-111(1). A licensed veterinarian who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-64-111(1) or any provision of this section is personally responsible for such act or omission and is subject to discipline for the act or omission.

(6) Nothing in this section modifies the veterinarian-patient-client privilege specified in section 24-72-204(3)(a)(XIV), C.R.S.

(7) As used in this section, unless the context otherwise requires:

(a) “Corporation” means a domestic entity, as defined in section 7-90-102(13), C.R.S., a foreign entity, as defined in section 7-90-102(23), C.R.S., registered to do business in Colorado, or a sole proprietorship.

(b) “Director” and “officer” of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.

(c) “Shareholder” includes a member of a limited liability company and a partner in a registered limited liability partnership.

CREDIT(S)

Added by Laws 2011, Ch. 207, § 8, eff. July 1, 2011.
 

§ 12-64-123. Veterinary premises--licensed veterinarian responsible for veterinary medical decisions

(1) At all times when a patient is present on a veterinary premises, a licensed veterinarian must be designated as responsible for the veterinary medical decisions and care provided to the patient.

(2) At all times when a patient is present on a veterinary premises, a licensed veterinarian must be designated as responsible for the premises. The board may fine a corporation organized and operated in accordance with section 12-64-122 that owns or operates a veterinary premises up to one thousand dollars per day for each day the corporation fails to have a licensed veterinarian designated as responsible for the veterinary premises.

CREDIT(S)

Added by Laws 2011, Ch. 207, § 8, eff. July 1, 2011.


 

§ 12-64-124. Veterinarian peer health assistance program--fees--administration--rules

(1)(a) On and after July 1, 2011, as a condition of licensure and renewal in this state, every veterinarian applying for a new license or to renew his or her license shall pay to the board, for use by the administering entity selected by the board pursuant to this subsection (1), an amount not to exceed forty dollars per year, which maximum amount may be adjusted on January 1, 2012, and annually thereafter by the board to reflect changes in the United States bureau of statistics consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all urban consumers or goods, or its successor index. The board shall forward the fee to the chosen administering entity for use in supporting designated providers selected by the board to provide assistance to veterinarians needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice veterinary medicine.

(b) The board shall select one or more peer health assistance programs as designated providers. To be eligible for designation by the board, a peer health assistance program must:

(I) Provide for the education of veterinarians with respect to the recognition and prevention of physical, emotional, and psychological conditions and provide for intervention when necessary or under circumstances established by the board by rule;

(II) Offer assistance to a veterinarian in identifying physical, emotional, or psychological conditions;

(III) Evaluate the extent of physical, emotional, or psychological conditions and refer the veterinarian for appropriate treatment;

(IV) Monitor the status of a veterinarian who has been referred for treatment;

(V) Provide counseling and support for the veterinarian and for the family of any veterinarian referred for treatment;

(VI) Agree to receive referrals from the board; and

(VII) Agree to make its services available to all licensed Colorado veterinarians.

(c) The board may select an entity to administer the veterinarian peer assistance program. An administering entity must be a nonprofit private foundation that is qualified under section 501(c)(3) of the federal “Internal Revenue Code of 1986”, as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to veterinary medicine, veterinary medical education, veterinary medical research and science, and other veterinary medical charitable purposes.

(d) The administering entity shall:

(I) Distribute the moneys collected by the board, less expenses, to the designated provider, as directed by the board;

(II) Provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and

(III) Post a surety performance bond in an amount specified by the board to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.

(e) The board shall collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all such payments to the administering entity. All required annual payments collected or due to the board for each fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the distribution of payments to the administering entity or expenditure of the payments by the administering entity does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.

(2)(a) Any veterinarian who is referred by the board to a peer health assistance program shall enter into a stipulation with the board pursuant to section 12-64-111(8) prior to participating in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals are to be promptly reported to the board and that such failure will result in disciplinary action by the board.

(b) Notwithstanding sections 12-64-111 and 24-4-104, C.R.S., the board may immediately suspend the license of any veterinarian who is referred to a peer health assistance program by the board and who fails to attend or to complete the program. If the veterinarian objects to the suspension, he or she may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the veterinarian bears the burden of proving that his or her license should not be suspended.

(c) Any veterinarian who self-refers and is accepted into a peer health assistance program shall affirm that, to the best of his or her knowledge, information, and belief, he or she knows of no instance in which he or she has violated this article or the rules of the board, except in those instances affected by the veterinarian's physical, emotional, or psychological conditions.

(3) Nothing in this section creates any liability on the board or the state of Colorado for the actions of the board in making grants to peer assistance programs, and no civil action may be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or the result of an act or omission of a veterinarian participating in or referred by a state-funded peer assistance program. However, the state remains liable under the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S., if an injury alleged to have been the result of an act or omission of a veterinarian participating in or referred by a state-funded peer assistance program occurred while such veterinarian was performing duties as an employee of the state.

(4) The board may promulgate rules necessary to implement this section.

CREDIT(S)

Added by Laws 2011, Ch. 207, § 8, eff. July 1, 2011.


 

 



Top of Page
Share |