The purpose of these District of Columbia ordinances are to regulate the practice of veterinary medicine in the district, to protect the public from the practice of veterinary medicine by unqualified persons, and to protect the public from unprofessional conduct by persons licensed to practice veterinary medicine. To accomplish this purpose, these ordinances require a veterinarian to obtain a license to practice veterinary science from the mayor of the district, as well as obtain a license to operate an animal facility; these ordinances also allow the mayor the discretion to require certification for veterinarian technicians. Additionally, these ordinances also provide penalties for those who practice without a license, license denial and revocations provisions, hearing and appeal procedures, the establishment of a board of veterinary examiners, and permitted practices without a license.
§ 3-501. Purposes
§ 3-502. Definitions
§ 3-503. Persons previously licensed
§ 3-504. Animal facility license required
§ 3-505. Board of Veterinary Examiners; duties of Mayor
§ 3-506. Fees; expiration date of licenses
§ 3-507. Qualifications for issuance of license
§ 3-508. License renewal
§ 3-509. Denial, suspension, or revocation of licenses; grounds; reinstatement
§ 3-510. Hearing procedures
§ 3-511. Appeal procedures
§ 3-512 . Certification of animal technicians
§ 3-512.01. Permitted practice without a license; exemption for services provided during emergency
§ 3-512.02. Issuance of animal license; collection of fees
§ 3-513. Exceptions
§ 3-514. Prohibited acts
§ 3-515. Penalties
§ 3-516. Prosecutions
§ 3-517. Injunctions
The purposes of this subchapter are to regulate the practice of veterinary medicine in the District of Columbia, to protect the public from the practice of veterinary medicine by unqualified persons, and to protect the public from unprofessional conduct by persons licensed to practice veterinary medicine.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 2, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2721.
LEGISLATIVE HISTORY OF LAW 4-171. --Law 4-171, the "Veterinary Practice Act of 1982," was introduced in Council and assigned Bill No. 4-232, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on September 21, 1982, and October 19, 1982, respectively. Signed by the Mayor on November 19, 1982, it was assigned Act No. 4-249 and transmitted to both Houses of Congress for its review.
As used in this subchapter, the term:
(1) "Animal" means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic.
(2) "Animal facility" means any fixed or mobile establishment, veterinary hospital, animal hospital, or premises wherein the practice of veterinary medicine or any part thereof is practiced.
(3) "Animal technician" means a person certified by the Mayor to perform the duties specified in § 3-512.
(4) "Board" means the Board of Veterinary Examiners established by § 3-505.
(5) "Consumer" means an individual:
(A) Who is not a direct provider of veterinary medical care;
(B) Whose current primary activity is not in the provision of veterinary medical care or the administration of facilities or institutions providing veterinary medical care; and
(C) Who does not receive directly nor indirectly more than 10% of his or her gross annual income from any one or combination of the following:
(i) Fees or other compensation for research into or instruction in the provision of veterinary medical care;
(ii) Entities engaged in the provision of veterinary medical care or in the research or instruction of veterinary medical care;
(iii) Producing or supplying drugs or other articles for individuals or entities to use in the provision of, or research into, or instruction in, the provision of veterinary medical care.
(6) "Council" means the Council of the District of Columbia.
(7) "Direct supervision" means that a veterinarian currently licensed to practice veterinary medicine in the District is available on the premises and within immediate vocal communication of the supervisee.
(8) "District" means the District of Columbia.
(9) "License" means a valid license to practice veterinary medicine in the District.
(10) "Licensed veterinarian" means a person who is currently licensed to practice veterinary medicine in the District.
(11) "Mayor" means the Mayor of the District of Columbia, or the Mayor's designated agent.
(12) "Person" means any individual, firm, partnership, association, or any group or combination thereof acting in concert, whether acting as a principal, trustee, fiduciary, receiver, or any other kind of legal or personal representative; or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of the person.
(13) "Practice of veterinary medicine" means the practice engaged in by anyone:
(A) Who professes publicly to be a veterinary doctor and offers to practice as a veterinary doctor;
(B) Who, for hire, fee, compensation, or reward, promised, offered, received, or expected, either directly or indirectly, diagnoses, prognoses, treats, prescribes any controlled substance medicine or other treatment, prescribes, operates, or manipulates, or applies any apparatus or appliance for the prevention, cure, or relief of any disease, pain, deformity, defect, injury, wound, or physical condition of an animal, or for the prevention of, or to test for the presence of, any disease of an animal, or performs a surgical, medical, or dental procedure, or renders surgical, medical, or dental aid to, for, or upon an animal; or who holds himself or herself out as being legally qualified or authorized to do so; or
(C) Who uses any words, letters, or titles in connection with or under circumstances as to induce the belief that the person so using them is engaged in or legally qualified or authorized to engage in the practice of veterinary medicine. The practice of veterinary medicine does not include any of the activities described in § 3-512.
(14) "School of veterinary medicine" means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine, or its equivalent, and that conforms to the standards required for accreditation by the American Veterinary Medical Association.
(15) "Veterinarian" means a person who is a graduate of a school of veterinary medicine and has received a doctorate degree in veterinary medicine, or its equivalent.
(16) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 3, 29 DCR 5297.
NOTES:
SECTION REFERENCES. --This section is referenced in § 3-504, § 3-514, and § 8-1821.02.
PRIOR CODIFICATIONS. --1981 Ed., § 2-2722.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
DELEGATION OF AUTHORITY. --Delegation of authority pursuant to Law 4-171, see Mayor's Order 86-117, July 21, 1986.
Delegation of authority pursuant to Law 4-171, Mayor's Order 86-117 rescinded, see Mayor's Order 88-112, May 9, 1988.
Delegation of authority pursuant to D.C. Law 4-171, the "Veterinary Practice Act of 1982", see Mayor's Order 2007-60, February 28, 2007 (54 DCR 2437).
§ 3-503. Persons previously licensed
Any person licensed to engage in the practice of veterinary medicine in the District under An Act To regulate the practice of veterinary medicine in the District of Columbia, approved February 1, 1907 (34 Stat. 870) shall be considered to be licensed under this subchapter.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 4, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2723.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
§ 3-504. Animal facility license required
All individuals establishing, maintaining, or operating an animal facility, as defined in § 3-502(2), must be licensed by the Mayor.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 5, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2724.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
§ 3-505. Board of Veterinary Examiners; duties of Mayor
(a) There is established a Board of Veterinary Examiners for the District of Columbia.
(b) The Board shall advise the Mayor with respect to:
(1) The professional and technical aspects of the examining, licensing, registration, and regulation of veterinarians in the District of Columbia;
(2) The regulation, inspection, and registration of all establishments and premises wherein or whereon veterinary medicine is practiced; and
(3) The prescription of reasonable standards of conduct and ethics for the practice of veterinary medicine and for animal technicians.
(c) The Board shall consist of 5 members appointed by the Mayor with the advice and consent of the Council. Four members of the Board shall be licensed veterinarians and one member shall be a consumer. No full-time or part-time officer or member of any school of veterinary medicine shall be eligible for appointment to the Board.
(d) Any person appointed to the Board who is employed by the federal or District governments shall not be entitled to receive additional compensation as a Board member.
(e) The consumer members of the Board shall be residents of the District and shall be at least 18 years of age. They shall have all the powers that other Board members have except those relating to examination for licensure.
(f) The licensed veterinarian members of the Board shall at the time of their appointment and throughout their terms:
(1) Be licensed in the District and be in good standing to engage in the practice of veterinarian medicine in the District;
(2) Have had 3 years of experience in the practice of veterinary medicine in the District following licensure; and
(3) Be residents of the District.
(g) Of the members first appointed to the Board under subsection (b) of this section, 2 licensed members shall be appointed to serve terms of 3 years. The 2 licensed members and one consumer member whose nominations to the Board were deemed approved by the Council on January 13, 2003, shall continue to serve the remainder of their 3-year terms after March 30, 2004.
(h) Members of the Board appointed by the Mayor subsequent to the 1st appointments under this subchapter shall serve a term of 3 years; except, that members of the Board who are appointed to fill vacancies which occur prior to the expiration of a former member's full term shall serve only the unexpired portion of the former member's term.
(i) Repealed.
(j) Any vacancy which occurs in the membership of the Board for any reason, including expiration of a term, removal, resignation, death, disability, or disqualification, shall be filled by a person appointed by the Mayor as provided in subsection (c) of this section. The Mayor shall appoint a new member to fill a vacancy for the unexpired portion of the term after the vacancy occurs.
(k) The Mayor shall designate a Chairperson from the Board members. The Board shall elect other officers as are necessary to conduct its business. The Chairperson of the Board shall preside at all Board meetings and shall be responsible for the performance of all the duties and functions of the Board.
(l) The Mayor shall delegate to the Board those responsibilities which the Mayor deems appropriate.
(m) The Mayor shall issue rules within 120 days of March 9, 1983. The Mayor may amend the rules to carry out the provisions of this subchapter, including, but not limited to, standards for animal facilities; such as the grounds, department areas, examination rooms, surgery, laboratory, drug procedures and storage, recordkeeping, and radiology.
(n) The Mayor shall make studies and investigations as the Mayor deems necessary in preparing rules and orders and in assisting in the administration and enforcement of this subchapter.
(o) The Mayor shall conduct hearings as provided in § 3-510, upon written charges that may result in discipline, revocation, suspension, or denial of a license.
(p) The Mayor shall keep a record of all Board meetings and an official register of all animal facilities and all licensed veterinarians, including applicants for licensure.
(q) The Mayor shall periodically inspect all animal facilities.
(r) Members of the Board shall be compensated as provided in § 1-611.08.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 6, 29 DCR 5297; Mar. 30, 2004, D.C. Law 15-107, § 2, 51 DCR 1338; Apr. 13, 2005, D.C. Law 15-354, § 87, 52 DCR 2638.
NOTES:
SECTION REFERENCES. --This section is referenced in § 1-523.01 and § 3-502.
PRIOR CODIFICATIONS. --1981 Ed., § 2-2725.
EFFECT OF AMENDMENTS. --D.C. Law 15-107, rewrote subsecs. (c) and (g); and repealed subsec. (i). D.C. Law 15-354, in subsec. (g), validated a previously made technical correction.
TEMPORARY AMENDMENT OF SECTION. --For temporary (225 day) amendment of section, see § 2 of Board of Veterinary Examiners Temporary Amendment Act of 2003 (D.C. Law 15-47, December 9, 2003, law notification 51 DCR 1782).
EMERGENCY LEGISLATION. --For temporary (90 day) amendment of section, see § 2 of Board of Veterinary Examiners Emergency Amendment Act of 2003 (D.C. Act 15-127, July 29, 2003, 50 DCR 6833).
For temporary (90 day) amendment of section, see § 2 of Board of Veterinary Examiners Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-211, November 7, 2003, 50 DCR 10004).
For temporary (90 day) amendment of section, see § 2 of Board of Veterinary Examiners Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-325, January 28, 2004, 51 DCR 1590).
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
LEGISLATIVE HISTORY OF LAW 15-107. --Law 15-107, the "Board of Veterinary Examiners Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-149, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 2, 2003, and January 6, 2004, respectively. Signed by the Mayor on January 27, 2004, it was assigned Act No. 15-196 and transmitted to both Houses of Congress for its review. D.C. Law 15-107 became effective on March 30, 2004.
LEGISLATIVE HISTORY OF LAW 15-354. --Law 15-354, the "Technical Amendments Act of 2004", was introduced in Council and assigned Bill No. 15-1130 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on February 9, 2005, it was assigned Act No. 15-770 and transmitted to both Houses of Congress for its review. D.C. Law 15-354 became effective on April 13, 2005.
DELEGATION OF AUTHORITY. --Delegation of authority, see Mayor's Order 88-112, May 9, 1988.
EDITOR'S NOTES. --Subsections (b) through (r) of this section are subsections (a) through (q), respectively, as enacted by D.C. Law 4-171.
§ 3-506. Fees; expiration date of licenses
(a) The Mayor shall establish, increase, or decrease, fees as may be necessary to cover the costs of administering this subchapter. The Mayor shall not revise the fees prior to the Mayor giving a 30-day notice of the intended fee change.
(b) The Mayor may, after a 30-day notice, establish and change, as may be necessary, the expiration date of licenses provided for in this subchapter. Upon the change of an expiration date, the renewal fee for licenses shall be prorated on the basis of the time covered.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 7, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2726.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
§ 3-507. Qualifications for issuance of license
(a) The Mayor shall, upon receipt of a properly completed application and the requisite fees, issue a license to engage in the practice of veterinary medicine in the District to any person:
(1) Who is a graduate of a school of veterinary medicine approved by the Mayor;
(2) Who has passed an examination as may be prescribed by the Mayor to determine the person's competence to engage in the practice of veterinary medicine; and
(3) Who has not been found in violation of any of the provisions of § 3-509.
(b) The Mayor may waive the examination required by subsection (a) (2) of this section and may, upon receipt of a properly completed application and the requisite fees, issue a license to any person who:
(1) Has passed an examination and who is licensed as a veterinarian in any state or territory of the United States wherein the requirements for licensure are substantially the same as those in effect in the District (as determined by the Mayor), and which state or territory admits licensed veterinarians of the District without examination;
(2) Is currently holding a license in good standing as a veterinarian in any state or territory of the United States; and
(3) Meets the qualifications specified in paragraphs (1) and (3) of subsection (a) of this section.
(c) The Mayor shall, upon receipt of a properly completed application and the requisite fees, issue an annual license to engage in the practice of veterinary medicine in the District to any graduate of a foreign school of veterinary medicine who has completed the following:
(1) Has graduated from a school of veterinary medicine;
(2) Has submitted to the Mayor proper credentials as may be determined in regulations issued by the Mayor; and
(3) Has passed a written examination as may be required by the Mayor to determine the person's competency to engage in the practice of veterinary medicine.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 8, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2727.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
(a) Every license issued by the Mayor in accordance with the provisions of this subchapter shall be subject to renewal as determined by the Mayor. Any person who engages in the practice of veterinary medicine after the expiration of his or her license and who shall willfully or by neglect fail to renew his or her license shall be in violation of this subchapter.
(b) The Mayor may establish continuing education requirements that must be met by licensed veterinarians and all applications for renewal shall be accompanied by evidence of compliance with continuing education requirements.
(c) The failure of the licensee to furnish evidence required by subsection (b) of this section upon application for renewal shall constitute grounds for revocation, suspension, or refusal to renew such license unless the Mayor determines that the failure to furnish the evidence was the result of excusable neglect.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 9, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2728.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
§ 3-509. Denial, suspension, or revocation of licenses; grounds; reinstatement
(a) The Mayor may suspend, revoke, refuse to issue, renew, or restore a license issued under this subchapter if the Mayor finds that the applicant or holder thereof:
(1) Has engaged in any fraud or deceit in procuring or attempting to procure a license provided for pursuant to this subchapter;
(2) Has been convicted of a felony or other crime involving moral turpitude;
(3) Is a chronic alcoholic as defined in § 24-602, or is a drug user as defined in § 24-702;
(4) Uses advertising or solicitation which is false, misleading, or which is determined by the Mayor to be unprofessional;
(5) Has demonstrated incompetence or gross negligence in the practice of veterinary medicine;
(6) Has knowingly employed a person who is practicing veterinary medicine unlawfully;
(7) Has practiced fraud or dishonesty in the application or reporting of any tests for animal disease;
(8) Has failed to maintain his premises and equipment in a safe, clean, and sanitary condition;
(9) Has failed to report, as required by law, or has made a false report of, any contagious or infectious disease;
(10) Has been grossly negligent in the inspection of food-stuffs or the issuance of health or inspection certificates;
(11) Has practiced cruelty to animals;
(12) Has had his or her license to practice veterinary medicine in another state revoked or suspended on grounds other than nonpayment of the license fee; or
(13) Has demonstrated unprofessional conduct as specified in rules issued by the Mayor.
(b) Any denial, suspension, or revocation under this section shall be made only upon specific charges in writing and after proper notice and a hearing as provided in § 3-510.
(c) The Mayor may reinstate a license which has previously been revoked upon application in writing and after an opportunity for a hearing. No application for reinstatement of a license shall be accepted by the Mayor before the expiration of at least 1 year following the date on which the applicant's license was revoked.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 10, 29 DCR 5297.
NOTES:
SECTION REFERENCES. --This section is referenced in § 3-507 and § 3-515.
PRIOR CODIFICATIONS. --1981 Ed., § 2-2729.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
When a written complaint alleging a violation under this subchapter has been filed with the Mayor, the Mayor shall initiate an investigation within 30 days, and, absent compelling circumstances, shall conclude the investigation within 90 days. If warranted, the Mayor shall fix a time and place for a hearing in accordance with § 2-509. The Mayor shall cause a certified copy of the charges to be served on the respondent by registered mail at least 20 days prior to the hearing. The attendance of witnesses and the production of books, papers, and documents at the hearing may be compelled by subpoena. The Mayor shall follow the provisions of § 2-509 in conducting hearings under this section. If the respondent is found in violation of this subchapter, the Mayor may refuse to issue the respondent a license, or may refuse to renew the license of the respondent, or may revoke or suspend the license of the respondent.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 11, 29 DCR 5297; Dec. 5, 2008, D.C. Law 17-281, § 101(a), 55 DCR 9186.
NOTES:
SECTION REFERENCES. --This section is referenced in § 3-505 and § 3-509.
PRIOR CODIFICATIONS. --1981 Ed., § 2-2730.
EFFECT OF AMENDMENTS. --D.C. Law 17-281 substituted "investigation within 30 days, and, absent compelling circumstances, shall conclude the investigation within 90 days. If warranted, the Mayor shall" for "investigation and, if warranted,".
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
LEGISLATIVE HISTORY OF LAW 17-281. --Law 17-281, the "Animal Protection Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-89 which was referred to the Committees on Health and Public Safety and Judiciary. The Bill was adopted on first and second readings on July 1, 2008, and July 15, 2008, respectively. Signed by the Mayor on August 4, 2008, it was assigned Act No. 17-493 and transmitted to both Houses of Congress for its review. D.C. Law 17-281 became effective on December 5, 2008.
Any person aggrieved by any final decision or order of the Mayor denying, suspending, or revoking any license or renewal of a license issued or applied for under this subchapter may obtain a review thereof pursuant to § 2-510.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 12, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2731.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
§ 3-512. Certification of animal technicians
The Mayor may provide for the certification of animal technicians to perform, in the employ of a person licensed to practice veterinary medicine and under his or her immediate and direct supervision and control, acts relating to maintenance of the health of or treatment of any animal. No person certified as an animal technician may receive compensation for such acts other than such salary as he or she may be paid by the employing veterinarian. No person certified as an animal technician may perform surgery, diagnose or prescribe medication for any animal.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 13, 29 DCR 5297.
NOTES:
SECTION REFERENCES. --This section is referenced in § 3-502.
PRIOR CODIFICATIONS. --1981 Ed., § 2-2732.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
§ 3-512.01. Permitted practice without a license; exemption for services provided during emergency
(a) If under the direct supervision of a licensed veterinarian, the following persons may engage in the practice of veterinary medicine without a license:
(1) Students who are fulfilling requirements for a degree in veterinary medicine from a school of veterinary medicine approved by the Mayor; and
(2) Graduates of a school of veterinary medicine approved by the Mayor whose first District of Columbia license application is pending.
(b) A veterinarian licensed in Maryland or Virginia shall be permitted to practice veterinary medicine in the District for a period not to exceed 120 hours annually if the veterinarian:
(1) Has practiced veterinary medicine for a minimum of 2 years; and
(2) Is in good standing with his or her veterinarian boards.
(c) This subchapter shall not prohibit the provision of veterinary services by an individual who is authorized to provide those services under Chapter 23C of Title 7 [§ 7-2361.01 et seq.], while an emergency declaration is in effect.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 13a, as added Dec. 5, 2008, D.C. Law 17-281, § 101(b), 55 DCR 9186; July 1, 2010, D.C. Law 18-184, § 14(b), 57 DCR 3655.
NOTES:
EFFECT OF AMENDMENTS. --D.C. Law 18-184, in the section heading, inserted "; exemption for services provided during emergency"; and added subsec. (c).
LEGISLATIVE HISTORY OF LAW 17-281. --For Law 17-281, see notes following § 3-510.
LEGISLATIVE HISTORY OF LAW 18-184. --For Law 18-184, see notes following § 3-411.
§ 3-512.02. Issuance of animal license; collection of fees
A licensed veterinarian is authorized to issue animal licenses and to collect the required fees and may collect an additional $ 2 for each license issued as reimbursement for administrative costs.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 13b, as added Dec. 5, 2008, D.C. Law 17-281, § 101(b), 55 DCR 9186.
NOTES:
SECTION REFERENCES. --This section is referenced in § 8-1804.
LEGISLATIVE HISTORY OF LAW 17-281. --For Law 17-281, see notes following § 3-510.
Nothing in this subchapter shall be construed as applying to:
(1) An employee or agent of the federal or District governments while performing his or her official duties; except, that no such employee may be authorized to perform surgical operations;
(2) A member of the faculty of a school of veterinary medicine while performing his or her regular functions, or a person lecturing or giving instructions or demonstrations at a veterinary school in connection with a continuing education course;
(3) Experimentation and scientific research in connection with the study and the development of methods and techniques, directly or indirectly related or applicable to the problems or to the practice of veterinary medicine, when conducted under the auspices of the federal or District governments;
(4) A physician licensed to practice medicine in the District or to the licensed physician's assistant while engaged in educational research under the direct supervision of the licensed veterinarian;
(5) A person who is a regular student in a school of veterinary medicine performing duties or actions assigned by his or her instructor, or working under direct supervision of a licensed veterinarian during a school vacation period;
(6) A veterinarian regularly licensed in any state from consulting with a licensed veterinarian in the District;
(7) The owner of an animal, or the owner's full-time regular employee, from caring for and treating the ills and injuries of any animal belonging to such owner, except where the ownership of the animal was transferred for the purpose of circumventing this subchapter;
(8) Any merchant or manufacturer from selling, at his or her regular place of business, medicine, feed, appliances, or other products used in the prevention or treatment of animal diseases;
(9) Any person selling or applying any pesticide, insecticide, or herbicide;
(10) Any person approved by the Mayor to perform animal artificial insemination; or
(11) Any person engaging in scientific research which reasonably requires experimentation involving animals covered under the provisions of 7 U.S.C. § 2131 et seq.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 14, 29 DCR 5297.
NOTES:
SECTION REFERENCES. --This section is referenced in § 3-515.
PRIOR CODIFICATIONS. --1981 Ed., § 2-2733.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
It shall be unlawful for any person in the District to:
(1) Engage in the practice of veterinary medicine unless the person is duly licensed to practice veterinary medicine pursuant to this subchapter;
(2) Practice or offer to practice veterinary medicine under any name except the name in which he or she is licensed by the Mayor;
(3) Engage in the practice of veterinary medicine without having his or her license and current renewal card conspicuously displayed in the office in which he or she practices;
(4) Sell or offer to sell a diploma conferring a veterinary medicine degree, a certificate granted for post graduate work, or a license granted pursuant to authority contained in this subchapter;
(5) Fraudulently procure a diploma, certificate, or any other evidence of satisfactory completion of the required educational and professional training for becoming a licensee under this subchapter; or to use such a fraudulently altered document in order to obtain a license to engage in the practice of veterinary medicine;
(6) Alter, with fraudulent intent, any diploma, certificate, license or any other evidence of satisfactory completion of the required educational or professional training for becoming a licensee under this subchapter; or to use such fraudulently altered document in order to obtain a license to engage in the practice of veterinary medicine;
(7) Practice veterinary medicine under a false name, or assume a title, or append or prefix to his or her name letters which falsely represent him or her as having a degree from a school of veterinary medicine, or make use of the words "veterinary college" or "veterinary school" or equivalent words, when not lawfully authorized to do so;
(8) Use, in connection with his or her name, any title, words, abbreviations, or letters in a manner or under circumstances which tend to induce the belief that the person using them is qualified to do any act described in § 3-502(13), except where such person is a licensed veterinarian;
(9) Impersonate another at any examination held by the Mayor, or knowingly make a false application or misrepresentation in connection with such examination;
(10) Accept any fee, rebate, refund, commission or unearned discount, whether in the form of money or otherwise, as compensation for referring animals to any person in connection with the furnishing of veterinary care or service, diagnosis, treatment, or medication.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 15, 29 DCR 5297; Mar. 14, 1985, D.C. Law 5-159, § 10, 32 DCR 30.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2734.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
LEGISLATIVE HISTORY OF LAW 5-159. --Law 5-159, the "End of Session Technical Amendments Act of 1984," was introduced in Council and assigned Bill No. 5-540, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 20, 1984, and December 4, 1984, respectively. Signed by the Mayor on December 10, 1984, it was assigned Act No. 5-224 and transmitted to both Houses of Congress for its review.
(a) Any person who violates this subchapter, which includes, but is not limited to, §§ 3-509 and 3-513, or rules issued pursuant to this subchapter, shall, upon conviction thereof, be subject to a fine of not less than $ 300 nor more than $ 1,000 or imprisonment for not more than 90 days, or both. Each act of unlawful practice shall constitute a separate offense.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules and regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 16, 29 DCR 5297; Mar. 8, 1991, D.C. Law 8-237, § 3, 38 DCR 314.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2735.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
LEGISLATIVE HISTORY OF LAW 8-237. --Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.
(a) Prosecution for violation of any provision of this subchapter shall be conducted in the name of the District of Columbia in the Superior Court of the District of Columbia by the Corporation Counsel or his or her assistant.
(b) It shall be necessary to prove in any prosecution or hearing under this subchapter only a single act prohibited by law without proving a general course of conduct, in order to constitute a violation.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 17, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2736.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.
Whenever the Mayor finds that any person has engaged in, or is about to engage in, the unlawful practice of veterinary medicine or any act which constitutes or will constitute a violation of any provision of this subchapter, the Mayor may make application to the Superior Court of the District of Columbia for an order enjoining such unlawful practice or act and upon a showing by the Mayor that the person has engaged in or is about to engage in any unlawful practice or act, an injunction, restraining order, or other orders as may be appropriate shall be granted by the Court without bond.
HISTORY: Mar. 9, 1983, D.C. Law 4-171, § 18, 29 DCR 5297.
NOTES:
PRIOR CODIFICATIONS. --1981 Ed., § 2-2737.
LEGISLATIVE HISTORY OF LAW 4-171. --For legislative history of D.C. Law 4-171, see Historical and Statutory Notes following § 3-501.