ARTICLE 1. BOARD OF VETERINARY EXAMINERS.
§ 08.98.010 . Creation and membership of the board
§ 08.98.020. Repealed
§ 08.98.025. Repealed
§ 08.98.030. Repealed
§ 08.98.040. Board meetings
§ 08.98.050. Powers and duties of the board
§ 08.98.060. Repealed
§ 08.98.070. Duties of the department
§ 08.98.080. Department regulations
§ 08.98.090. Applicability of the Administrative Procedure Act
§ 08.98.100. Compensation
ARTICLE 2. LICENSING.
§ 08.98.120. License required; prohibitions; penalty
§ 08.98.125. Exemptions
§ 08.98.130. Repealed
§ 08.98.140. Repealed by SLA 1998, ch. 5, § 6, eff. Jan. 1, 2000
§ 08.98.150. Administration of examination
§ 08.98.160. Reexamination
§ 08.98.165. Qualification for license
§ 08.98.167. Qualification for technician license
§ 08.98.170. Repealed
§ 08.98.180. Temporary license
§ 08.98.184. Licensure by credentials
§ 08.98.186. Temporary permit
§ 08.98.188. Student permit
§ 08.98.190. Fees
§ 08.98.200. Reinstatement of lapsed license
§ 08.98.210. Repealed
ARTICLE 3. ENFORCEMENT.
§ 08.98.230. Repealed
§ 08.98.235. Grounds for imposition of disciplinary sanctions
§ 08.98.240. Repealed
§ 08.98.245. Maximum dosage for opioid prescriptions
ARTICLE 4. GENERAL PROVISIONS.
§ 08.98.250. Definitions
Relevant Laws:
West's Alaska Statutes Annotated. Title 9. Code of Civil Procedure. Chapter 65. Actions, Immunities, Defenses, and Duties. § 09.65.097. Civil liability for emergency veterinary care
ARTICLE 1. BOARD OF VETERINARY EXAMINERS.
Sec. 08.98.010 Creation and membership of the board.
There is created the Board of Veterinary Examiners composed of five members appointed by the governor and approved by the legislature. Four members shall be licensed veterinarians who have been in active practice in the state for at least five years preceding appointment and one shall be a public member. A person may not serve on the board who is, or was during the two years immediately preceding appointment, a member of a faculty, board of trustees, or advisory board of a veterinary school.
(§ 1 ch 91 SLA 1963; am § 1 ch 94 SLA 1966; am § 2 ch 130 SLA 1980)
Editors' Notes
TERMINATION UNDER SUNSET LAW
<The Board of Veterinary Examiners is terminated on June 30, 2017, unless continued. See § 08.03.010.>
Sec. 08.98.020. Term of office. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.035.]
Sec. 08.98.025. Removal of board members. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.020.]
Sec. 08.98.030. Executive secretary of board. [Repealed, § 16 ch 130 SLA 1980.]
Sec. 08.98.040 Board meetings.
The board shall hold at least three meetings each year. The board may hold special meetings at the call of the chairman or of a majority of the members. A majority of board members constitutes a quorum and a majority vote of those present is the decision of the board.
(§ 1 ch 91 SLA 1963; am § 5 ch 130 SLA 1980; am § 12 ch 59 SLA 1982)
Sec. 08.98.050 Powers and duties of the board.
(a) The board shall
(1) establish examination requirements for eligible applicants for licensure to practice veterinary medicine;
(2) examine, or cause to be examined, eligible applicants for licensure or registration;
(3) approve the issuance of licenses and student permits to qualified applicants;
(4) establish standards for the practice of veterinary medicine by regulation;
(5) conduct disciplinary proceedings in accordance with this chapter;
(6) adopt regulations requiring proof of continued competency before a license is renewed;
(7) as requested by the department, monitor the standards and availability of veterinary services provided in the state and report its findings to the department;
(8) collect, or cause to be collected, data concerning the practice of veterinary technology by veterinary technicians in the state and submit the data to the department for maintenance;
(9) establish, by regulation, educational and training requirements for
(A) the issuance of student permits; and
(B) the delegation of duties by veterinarians licensed under this chapter to veterinary technicians;
(10) Repealed by SLA 2023, ch. 14, § 6, eff. July 7, 2023.
(11) identify resources and develop educational materials to assist licensees to identify an animal owner who may be at risk for abusing or misusing an opioid.
(b) The board may
(1) establish examination and registration requirements for veterinary technicians;
(2) adopt regulations or do any act necessary to carry out its duties under this chapter;
(3) adopt a certification process for licensure to practice veterinary medicine.
Credits
SLA 1963, ch. 91, § 1; SLA 1966, ch. 94, § 2; SLA 1967, ch. 54, § 1; SLA 1980, ch. 130, § 6; SLA 1981, ch. 57, § 1; SLA 1998, ch. 6, § 19. Amended by SLA 2008, ch. 108, § 1, eff. Sept. 22, 2008; 2nd Sp. Sess. 2017, ch. 2, § 31, eff. July 26, 2017; SLA 2023, ch. 14, §§ 1, 6, eff. July 7, 2023.
Sec. 08.98.060. Board regulations. [Repealed, § 16 ch 130 SLA 1980. For current law, see AS 08.98.050.]
Sec. 08.98.070 Duties of the department.
The department shall furnish the board with administrative services, including renting space for holding examinations, printing and mailing licenses and student permits, sending notices, before December 1 of each year, that licenses must be renewed, collecting fees and issuing receipts, keeping a current register of licensees, employing secretarial assistants, replying to routine requests for information, printing forms and informational bulletins, typing all matter to be reproduced, maintaining records and completed examinations, and keeping records of receipts and disbursements.
SLA 1963, ch. 91, § 1; SLA 1966, ch. 94, § 3. Amended by SLA 2008, ch. 108, § 2, eff. Sept. 22, 2008.
Sec. 08.98.080 Department regulations.
The department shall adopt procedural regulations necessary to carry out the duties imposed on it by AS 08.98.070.
(§ 1 ch 91 SLA 1963).
Sec. 08.98.090 Applicability of the Administrative Procedure Act.
AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
(§ 1 ch 91 SLA 1963)
Members of the board are entitled to per diem allowances and transportation expenses allowed by law and paid members of other state examining boards.
(§ 1 ch 91 SLA 1963)
ARTICLE 2. LICENSING.
Sec. 08.98.120 License required; prohibitions; penalty.
(a) A person may not practice veterinary medicine, surgery, or dentistry unless the person is licensed as a veterinarian under this chapter or has a temporary permit issued under AS 08.98.186, except that a person may perform functions authorized by
(1) regulation of the board if the person is licensed as a veterinary technician; or
(2) a permit issued under AS 08.02.050 if the person is employed by an agency that has a permit issued under AS 08.02.050.
(b) A person may not
(1) present or attempt to use a license or permit that was issued under this chapter to another person, either directly or by impersonation;
(2) secure or attempt to secure a license or permit under this chapter through deceit, fraud, or intentional misrepresentation;
(3) use or attempt to use an expired or revoked license or permit knowing of the license's or permit's status; or
(4) falsely claim to be licensed or to hold a permit under this chapter.
(c) Violation of this section is a misdemeanor punishable by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both.
(§ 1 ch 91 SLA 1963; am § 7 ch 130 SLA 1980; am §§ 1, 2 ch 128 SLA 1996; am § 3 ch 62 SLA 2002)
This chapter does not apply to the following:
(1) a veterinary medical officer in the military service in the discharge of official duties or as an employee in the federal or state government performing veterinary medical services within the scope of the person's official duties;
(2) a veterinarian who is licensed in another state or country, or a person whose expertise a veterinarian licensed in this state believes would benefit an animal, and who provides only consultation to a veterinarian licensed in this state; in this paragraph, "consultation" means advice or assistance provided in person, telephonically, electronically, or by any other method of communication from a veterinarian or other person whose expertise, in the opinion of the veterinarian, would benefit the animal; and
(3) a veterinarian licensed and residing in another state who provides assistance, as requested by and under the supervision of a veterinarian licensed in this state, for the purpose of providing skills not otherwise available in this state in conducting research or other practice of veterinary medicine on captive or free-ranging wildlife; however, that assistance is limited to not more than three events in a calendar year for not more than a total of 60 days in the year and may not be on a regular or recurring basis, as defined by the board.
Added by SLA 2008, ch. 108, § 3, eff. Sept. 22, 2008.
Sec. 08.98.130. Examination. [Repealed, § 16 ch 130 SLA 1980.]
Sec. 08.98.140. Content of examination. [Repealed, § 6 ch 5 SLA 1998.]
Sec. 08.98.150 Administration of examination.
The board shall offer examinations at least once a year. Examinations shall be so administered that, whenever possible, one who grades a written examination does not know the identity of the examinee whose test is being graded.
(§ 1 ch 91 SLA 1963; am § 4 ch 94 SLA 1966)
A person who fails an examination may apply for a subsequent examination, but shall pay the examination fee each time the person applies.
(§ 1 ch 91 SLA 1963)
Sec. 08.98.165 Qualification for license.
(a) An applicant is qualified to receive a license as a veterinarian who
(1) is a graduate of an accredited veterinary school or who has successfully completed the Educational Commission for Foreign Veterinary Graduates certification, the Program for the Assessment of Veterinary Education Equivalence certification, or another certification process approved by the board;
(2) has, within the 60 months preceding application for the license, passed a national examination for veterinarians approved by the board;
(3) has passed the written examination of the state on specific Alaska issues of veterinary practice;
(4) is in good standing, as defined by the board in regulations; and
(5) has paid required fees.
(b) Repealed by SLA 1998, ch. 5, § 6.
Credits
SLA 1980, ch. 130, § 9; SLA 1996, ch. 128, § 4; SLA 1998, ch. 5, §§ 2, 6. Amended by SLA 2023, ch. 14, § 2, eff. July 7, 2023.
Sec. 08.98.167 Qualification for technician license.
The board shall adopt regulations under which a person may qualify to be licensed as a veterinary technician.
(§ 5 ch 128 SLA 1996)
Sec. 08.98.170. Qualification for examination. [Repealed, § 16 ch 130 SLA 1980. For current law, see AS 08.98.165.]
Sec. 08.98.180 Temporary license.
A person who meets the requirements of AS 08.98.165(a)(1), (4), and (5) is entitled to be temporarily licensed after applying for examination if the person works under the supervision of a licensed veterinarian. A license issued under this section is valid until the results of the examinations are published. A person may not receive more than one temporary license. An application for a temporary license must be signed by the supervising veterinarian and accompanied by the temporary license fee required under AS 08.98.190.
(§ 1 ch 91 SLA 1963; am § 7 ch 94 SLA 1966; am § 10 ch 130 SLA 1980; am § 2 ch 57 SLA 1981; am § 52 ch 37 SLA 1985; am § 3 ch 5 SLA 1998)
Sec. 08.98.184 Licensure by credentials.
The board shall approve the issuance of a license to an applicant who holds a valid license to practice veterinary medicine in another state, territory, or country if the applicant
(1) has graduated from an accredited school of veterinary medicine or has successfully completed the Educational Commission for Foreign Veterinary Graduates certification, the Program for the Assessment of Veterinary Education Equivalence certification, or another certification process approved by the board;
(2) has been engaged in the active practice of veterinary medicine for at least five of the seven years before filing the application;
(3) has passed the written examination of the state on specific Alaska issues of veterinary practice;
(4) is in good standing, as defined by the board in regulations; and
(5) has paid required fees.
Credits
SLA 1980, ch. 130, § 11; SLA 1996, ch. 128, § 6; SLA 1998, ch. 5, § 4. Amended by SLA 2023, ch. 14, § 3, eff. July 7, 2023.
Sec. 08.98.186 Temporary permit.
A person licensed to practice veterinary medicine in another state who meets the requirements of AS 08.98.165(a)(1), (4), and (5) may be granted a temporary permit to conduct the practice of a person licensed in the state who is absent from practice. An application shall be signed by the person who is or will be absent from practice and by the applicant. A temporary permit is valid for no longer than 60 days after issuance but may be renewed.
(§ 11 ch 130 SLA 1980; am § 5 ch 5 SLA 1998)
(a) The board may approve the issuance of a student permit to a student enrolled in and in good standing at an accredited college of veterinary medicine who has completed three years of study and is participating in an externship program as part of the college's educational curriculum.
(b) A student permit is valid for not longer than one year and may not extend beyond the student's graduation.
(c) A holder of a student permit is subject to the following limitations:
(1) assistance in diagnosis and surgery must be under the immediate supervision of a veterinarian licensed in this state;
(2) assistance in treatment must be under the direct or indirect supervision of a veterinarian licensed in this state;
(3) not more than one student permit holder at a time may be under the direct supervision of a veterinarian licensed in this state; and
(4) a veterinary practice may not retain more than two student permit holders at a time.
(d) The board shall establish requirements for student permits by regulation.
(e) A person holding a permit under this section is not subject to provisions of this chapter other than this section.
(f) In this section,
(1) "direct supervision" means the supervising veterinarian is on the premises where the animal is being treated and is quickly and easily available;
(2) "immediate supervision" means the supervising veterinarian is in the immediate area and within audible and visual range of the animal patient and the person treating the patient;
(3) "indirect supervision" means the supervising veterinarian does not need to be on the premises but has given either written or oral instructions for the treatment of the animal;
(4) "veterinary practice" means a business that provides veterinary services.
Added by SLA 2008, ch. 108, § 4, eff. Sept. 22, 2008.
The department shall set fees under AS 08.01.065 for the following:
(1) application;
(2) examination;
(3) investigation of credentials;
(4) license;
(5) license renewal;
(6) temporary license;
(7) temporary permit.
(§ 1 ch 91 SLA 1963; am § 1 ch 53 SLA 1968; am § 12 ch 130 SLA 1980; am § 53 ch 37 SLA 1985)
Sec. 08.98.200 Reinstatement of lapsed license.
A person whose license has lapsed is entitled to have the license reinstated without taking an examination unless the license has remained lapsed more than five years.
(§ 1 ch 91 SLA 1963; am § 2 ch 53 SLA 1968)
Sec. 08.98.210. Out-of-state veterinarian. [Repealed, § 16 ch 130 SLA 1980. For current law, see AS 08.98.184 and 08.98.186.]
ARTICLE 3. ENFORCEMENT.
Sec. 08.98.230. Injunction. [Repealed, § 16 ch 130 SLA 1980. For current law, see AS 08.98.235 and 08.98.240.]
Sec. 08.98.235 Grounds for imposition of disciplinary sanctions.
After a hearing, the board may impose a disciplinary sanction on a person licensed under this chapter when the board finds that the person
(1) secured a license through deceit, fraud, or intentional misrepresentation;
(2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
(3) advertised professional services in a false or misleading manner;
(4) has been convicted of a felony or other crime which affects the person's ability to continue to practice competently and safely;
(5) intentionally or negligently engaged in or permitted the performance of animal care by the person's supervisees which does not conform to minimum professional standards regardless of whether actual injury to the animal occurred;
(6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
(7) continued to practice after becoming unfit due to
(A) professional incompetence;
(B) addiction or severe dependency on alcohol or other drugs which impairs the person's ability to practice safely;
(C) physical or mental disability;
(8) engaged in lewd or immoral conduct in connection with the delivery of professional service;
(9) prescribed or dispensed an opioid in excess of the maximum dosage authorized under AS 08.98.245;
(10) procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action.
Credits
SLA 1980, ch. 130, § 13. Amended by 2nd Sp. Sess. 2017, ch. 2, § 32, eff. July 26, 2017.
Sec. 08.98.240. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075.]
§ 08.98.245. Maximum dosage for opioid prescriptions
(a) A veterinarian may not issue an initial prescription for an opioid that exceeds a sevenday supply to the owner of an animal patient for outpatient use.
(b) Notwithstanding (a) of this section, a veterinarian may issue a prescription for an opioid that exceeds a seven-day supply to the owner of an animal if the veterinarian determines that more than a seven-day supply of an opioid is necessary
(1) to treat the animal's medical condition or for chronic pain management; the veterinarian may write a prescription for an opioid for the quantity needed to treat the animal's medical condition or chronic pain; the veterinarian shall document in the animal's medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or
(2) for an owner who is unable to access a veterinarian or pharmacist within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the veterinarian may write a prescription for an opioid for the quantity needed to treat the animal for the time that the owner is unable to access a veterinarian or pharmacist; the veterinarian shall document in the animal's medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition.
Credits
Added by 2nd Sp. Sess. 2017, ch. 2, § 33, eff. July 26, 2017.
ARTICLE 4. GENERAL PROVISIONS.
In this chapter,
(1) “accredited veterinary school” means a veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine, or its equivalent as determined by the board, and conforms to the standards required for accreditation by the American Veterinary Medical Association;
(2) “animal” means any animal other than a human being including mammals, birds, fish, and reptiles, wild or domestic, living or dead;
(3) “board” means the Board of Veterinary Examiners;
(4) “department” means the Department of Commerce, Community, and Economic Development;
(5) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160;
(6) “practice of veterinary medicine”
(A) means for compensation to
(i) diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental condition, including the prescription or administration of a drug, biologic apparatus, anesthetic, or other therapeutic or diagnostic substance;
(ii) use a manual or mechanical procedure for testing for pregnancy or correcting sterility or infertility; or
(iii) render advice or recommendation with regard to any matter listed in (i) or (ii) of this subparagraph;
(B) means to represent, directly or indirectly, publicly or privately, an ability or willingness to do any act in (A) of this paragraph for compensation;
(C) means to use a description, title, abbreviation, or letters in a manner or under circumstances tending to induce the belief that the person using it or them is qualified or licensed to do any act in (A) of this paragraph whether or not for compensation;
(D) does not include, whether or not for compensation,
(i) practices related to artificial insemination and the use of a title, abbreviation, or letters in a manner which induces the belief that the person using them is qualified to perform artificial insemination;
(ii) the practices of a farrier done in the performance of the farrier's profession;
(iii) standard practices commonly performed on farm or domestic animals in the course of routine farming or animal husbandry, when performed by an owner or the owner's employee unless ownership of the animal is transferred for the purpose of avoiding application of this chapter or the primary purpose of hiring the employee is to avoid application of this chapter;
(7) “veterinary technician” means a person who performs functions delegated by a veterinarian licensed under this chapter.
Credits
SLA 1963, ch. 91, § 1; SLA 1976, ch. 218, § 60; SLA 1980, ch. 130, §§ 14, 26; SLA 1996, ch. 128, § 7. Amended by SLA 2019, ch. 13, § 34, eff. Oct. 17, 2019.