Article 1. General Provisions.
§§ 34-29-1 through 34-29-6 . Repealed by Acts 1986, No. 86-500, p. 956, § 36, effective April 30, 1986.
Article 2. Board of Veterinary Medical Examiners.
§§ 34-29-20 through 34-29-23. Repealed by Acts 1986, No. 86-500, p. 956, § 36, effective April 30, 1986.
Article 3. Certificates of Qualification.
§§ 34-29-40 through 34-29-46. Repealed by Acts 1986, No. 86-500, p. 956, § 36, effective April 30, 1986.
Article 4. Veterinary Practice.
Definitions, Legislative Intent, and State Veterinary Board:
§ 34-29-60. Short title.
§ 34-29-61. Definitions.
§ 34-29-62. Legislative intent.
§ 34-29-63. State Board of Veterinary Medical Examiners established; composition.
§ 34-29-64. Qualifications of members; removal.
§ 34-29-65. Executive director; incapacitation of director; official bond.
§ 34-29-66. President and vice-president; bylaws; meetings; quorum; records.
§ 34-29-67. Compensation and expenses; expenditure of funds.
§ 34-29-68. Records to be kept; issuances and denials of licenses; what records are confidential.
§ 34-29-69. Powers of board.
§ 34-29-70. Board of Veterinary Medical Examiners Fund; expenditures; transfer of excess.
Licensing Requirements, Examination, and Unauthorized Practice:
§ 34-29-71. Temporary license; conditions; issuance; duration; limit on issuance.
§ 34-29-72. Application; qualifications; faculty license.
§ 34-29-73. Examinations; public notice; passing score; issuance of licenses; retaking of examination.
§ 34-29-74. Issuance of license without written examination to certain applicants.
§ 34-29-75. Expiration and renewal of licenses; continuing education requirements; fees.
§ 34-29-76. License required for practice of veterinary medicine -- Certain acts prohibited.
§ 34-29-77. License required for practice of veterinary medicine -- Certain acts not prohibited.
§ 34-29-78. Injunction against unauthorized practice of veterinary medicine.
Suspension and Revocation of License:
§ 34-29-79. Right to administrative hearing; notice; procedure; notification of decision; publication of suspensions and revocations; special appointments.
§ 34-29-80. Complaints and testimony to be privileged; immunity of certain persons from suit.
§ 34-29-81. Relicensing and reinstatement.
§ 34-29-82. Criminal penalties.
§ 34-29-83. Appeal of disciplinary action; stay of revocation.
§ 34-29-84. Filing of license with probate office; fee.
§ 34-29-85. Status of persons holding license on April 30, 1986.
Abandonment of Animals, Partnership Provisions, and Premises Provisions:
§ 34-29-86. Disposition of abandoned animals; notice to owner or agent; financial liability of owner or agent.
§ 34-29-87. Partnership or employment in practice of veterinary medicine not to be for nonlicensed persons; exceptions.
§ 34-29-88. Premise permits -- Required; fees; inspection; revocation, etc.; closure and imposition of penalties; renewal; requirements for satellite or mobile clinics.
§ 34-29-89. Premise permits -- Display.
§ 34-29-90. Immunity of veterinarians from suit for emergency care of animals or human victims; nonliability to animal hospital.
Veterinary Graduation and Internship Provisions:
§ 34-29-91. Requirements for eligibility of graduate of nonaccredited school to take examination.
§ 34-29-92. Service of applicants as student preceptees for minimum period.
§ 34-29-93. Six months internship requirement. Repealed by Acts 1997, No. 97-249, p. 431, § 2, effective August 1, 1997.
Veterinary Technicians:
§ 34-29-94. Veterinary technical licenses and permits; application; qualifications and requirements; fees; examination; renewals; authorized acts; immunity from suit for emergency care; display of licenses and permits; suspensions and revocations; appeal; continuing education; foreign graduates.
Article 5. Impaired Veterinary Professionals.
§ 34-29-110. Definitions.
§ 34-29-111. Duties of board; Alabama Veterinary Professionals Wellness Committee; liability.
Article 6. Euthanasia of Animals.
§ 34-29-130. Permit to purchase, possess, and use certain agents for euthanizing animals.
§ 34-29-131. Exemptions
§ 34-29-132. Euthanasia in emergency situation.
§ 34-29-133. Animals not to be left unattended until death; disposal of body upon confirmation of death.
§ 34-29-134. Violations of article.
§ 34-29-135. Relation to Section 34-29-94.
Article 1. General Provisions.
§§ 34-29-1 through 34-29-6. Repealed by Acts 1986, No. 86-500, p. 956, § 36, effective April 30, 1986.
Article 2. Board of Veterinary Medical Examiners.
§§ 34-29-20 through 34-29-23. Repealed by Acts 1986, No. 86-500, p. 956, § 36, effective April 30, 1986.
Article 3. Certificates of Qualification.
§§ 34-29-40 through 34-29-46. Repealed by Acts 1986, No. 86-500, p. 956, § 36, effective April 30, 1986.
Article 4. Veterinary Practice.
This article shall be known as the Alabama Veterinary Practice Act.
(Acts 1986, No. 86-500, p. 956, § 1.)
For the purposes of this article, the following terms shall have the following meanings ascribed by this section:
(1) Accredited school of veterinary medicine. Any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and is accredited by the American Veterinary Medical Association (AVMA).
(2) Animal. Any animal or mammal other than man, including birds, fish, reptiles, wild or domestic, living or dead.
(3) Applicant. A person who files an application to be licensed to practice veterinary medicine or licensed as a veterinary technician.
(4) Board. Alabama State Board of Veterinary Medical Examiners.
(5) Consulting veterinarian. A veterinarian licensed in another state who gives advice or demonstrates techniques to a licensed Alabama veterinarian or group of licensed Alabama veterinarians. A consulting veterinarian shall not utilize this privilege to circumvent the law.
(6) Direct supervision. The supervising veterinarian has initially examined the animal and will examine at other times as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task. The supervising veterinarian is on the premises and is quickly and easily available.
(7) Emergency. The animal has been placed in a life threatening condition and immediate treatment is necessary to sustain life.
(8) Foreign veterinary graduate, excluding Canada. Any person, including a foreign national or an American citizen, who has received a professional veterinarian medical degree from an American Veterinary Medical Association listed veterinary college that is not accredited by the American Veterinary Medical Association.
(9) Immediate supervision. The supervising veterinarian is on the premises and in audible or visual range of the animal patient and the person treating the patient.
(10) Indirect supervision. The supervising veterinarian has examined the animal and has given written or oral instructions for the treatment of the animal while the supervising veterinarian is away from the premises.
(11) License. Any permit, approval, registration, or certificate of qualification issued by the board.
(12) Licensed veterinarian. A person who is validly and currently licensed to practice veterinary medicine in Alabama.
(13) Licensed veterinary technician. A person who is validly and currently licensed to practice as a veterinary technician in Alabama.
(14) Person. Any individual, firm, partnership, association, joint venture, cooperative, or corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assigning agent, factor, servant, employee, director, officer, or any other representative of such person.
(15) Practice of veterinary medicine:
a. To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental condition; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthesia, or other therapeutic or diagnostic substance or technique on any animal including but not limited to acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility, or to render service or recommendations with regard to any of the above.
b. To represent directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph a.
c. To use any title, words, abbreviations, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph a. Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.
d. Collects blood or other samples for the purpose of diagnosing disease or other conditions. This paragraph shall not apply to unlicensed personnel employed by the United States Department of Agriculture or the Alabama Department of Agriculture who are engaged in the Brucellosis eradication program or external parasite control program pursuant to Section 2-15-192.
e. To remove any embryo from a food animal or companion animal for the purpose of transplanting the embryo into another female animal or for the purpose of cryopreserving the embryo, or to implant the embryo into a food or companion animal. It shall not be considered the practice of veterinary medicine for a person or his or her full-time employees to remove an embryo from the food or companion animal of the person for the purpose of transplanting or cryopreserving the embryo, or to implant an embryo into the food or companion animal of the person, provided ownership of the food or companion animal shall not be transferred or employment of the person shall not be changed for the purpose of circumventing this article.
f. To provide veterinary medical services to a client or patient in this state, through telephonic, electronic, or other means, regardless of the location of the veterinarian, shall constitute the practice of veterinary medicine in this state and shall require licensure within this state and a veterinarian-client-patient relationship must be established.
(16) Supervising veterinarian. A veterinarian who assumes responsibility for the professional care given to an animal by a person working under his or her direction.
(17) Temporary license. Temporary permission to practice veterinary medicine issued by the board pursuant to this article.
(18) Unlicensed assistant. Any individual who is not a licensed veterinary technician or veterinarian and is employed by a licensed veterinarian.
(19) Veterinarian-client-patient relationship (VCPR). A relationship when the veterinarian has assumed responsibility for making medical judgments regarding the health of the animal or animals and the need for medical treatment and is created by actual examination by the veterinarian of the animal or a representative segment of a consignment or herd.
(20) Veterinarian, Doctor of Veterinary Medicine, DVM, VMD, or equivalent title. A person who has received a doctor's degree in veterinary medicine from an accredited school of veterinary medicine or holds an Educational Commission for Foreign Veterinary Graduates (ECFVG) certificate issued by the American Veterinary Medical Association (AVMA).
(21) Veterinary facilities. Any place or unit from which the practice of veterinary medicine is conducted. The following are types of veterinary facilities:
a. Veterinary or Animal Hospital or Clinic. Meets or exceeds all mandatory requirements as listed in the administrative code of the board for veterinary facilities. In doing so, it provides quality examination, diagnostic, and health maintenance services for medical and surgical treatment of animals and is equipped to provide housing and nursing care for the animals during illness or convalescence.
b. Specialty Practice or Clinic. Provides complete specialty service by a veterinarian who has advanced training in that specialty and is a diplomat of an approved specialty college. It meets all minimum standards that are applicable to that specialty.
c. Central Hospital. Shall meet all requirements of paragraph a., as well as provide specialized care including 24-hour nursing care and specialty consultation on a permanent or on-call basis. It is mainly utilized on referral from area veterinary hospitals or clinics.
d. Satellite, Outpatient, or Mobile Small Animal Clinics. A supportive facility owned by or associated with, or both, and has ready access to, within a reasonable distance, a full-service veterinary hospital or clinic or a central hospital providing all mandatory services and meeting all minimum standards. The public shall be informed of the limitation of services by way of a posted notice in plain view and easily readable or by notice provided to the client by flyer or card which clearly specifies those mandatory veterinary medical services which are not provided. In addition, the main location and telephone number of the veterinary hospital or clinic providing the required service, as well as the signed agreement with the veterinary hospital or clinic shall also be posted in plain view and be easily readable. A veterinarian associated with this veterinary hospital or clinic shall be on call during and after operation of the satellite, outpatient, or mobile clinic to render aid if necessary. The personnel of satellite, outpatient, or mobile clinics shall consist of one or more veterinarians and auxiliary personnel necessary to provide adequate outpatient service. Operation of any satellite, outpatient, or mobile clinic shall be under the direct supervision of a licensed veterinarian who remains on the premises during the entire time of operation.
e. Large Animal Mobile Clinic. Must provide examination, diagnostic, and preventive medicine, and minor surgical services for large animals not requiring confinement or hospitalization. Emergency service and radiology service shall be provided by that veterinarian or by written agreement with another veterinarian or group of veterinarians in practice in that locale. These clinics shall provide a degree of veterinary care compatible with the level of standards considered adequate to the practice of veterinary medicine currently available in the area. Complete hospital facilities may be provided by the nearest large animal hospital or veterinary school.
f. Emergency Clinic. A facility established to receive patients and to treat illnesses and injuries of an emergency nature requiring treatment. The clinic shall provide professional diagnostic and emergency treatment during hours when local veterinary hospitals are normally closed. Emergency clinics shall meet all mandatory requirements of a veterinary hospital or clinic.
(22) Veterinary intern. A person who is working towards completion of an ECFVG certificate and who is working under the direct or indirect supervision of a board approved licensed veterinarian in any state to complete the practical experience internship required for licensing in Alabama.
(23) Veterinary medicine. Includes veterinary surgery, theriogenology, dentistry, acupuncture, animal psychology, chiropractic, and all other branches or specialties of veterinary practice.
(24) Veterinary student preceptee. A person who is pursuing a veterinary degree in an accredited school of veterinary medicine which has a preceptor or extern program and who has completed the academic requirements of the program.
(25) Veterinary technician student. Any person enrolled in an AVMA accredited veterinary technology program; gaining clinical experience under the supervision of a licensed veterinarian or licensed veterinary technician in a clinical setting.
(26) Veterinary technology. The skills and knowledge accrued in a post-high school course of study, accredited by the AVMA Committee on Education (COE) or the board, in the area of care and treatment of animals. It embodies limited skills, responsibility, and minimal exercise of independent judgment in the treatment of patients of veterinarians while under direct, indirect, or immediate supervision of a veterinarian.
(27) Wholesale veterinary drug distributor. A person engaged in the business of distributing veterinary drugs and medicines for resale to veterinary practitioners and other veterinary wholesalers and possesses a current permit issued by the Alabama Board of Pharmacy to engage in the selling of veterinary drugs or medicines in the State of Alabama.
CREDIT(S)
(Acts 1986, No. 86-500, p. 956, § 2; Acts 1987, No. 87-794, p. 1557, § 2; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, p. 1596, § 1; Act 2010-536, § 1.)
§ 34-29-62. Legislative intent.
In order to promote the public health, safety and welfare by safeguarding the people of the State of Alabama against unqualified or incompetent practice of veterinary medicine, it is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this article. It is the legislative intent that veterinarians who are not normally competent or who otherwise present a danger to the public shall be disciplined or prohibited from practicing in the State of Alabama.
(Acts 1986, No. 86-500, p. 956, § 3.)
§ 34-29-63. State Board of Veterinary Medical Examiners established; composition.
(b) Each of the eight members of the board shall be appointed by the Governor from a list of three persons nominated and submitted to him or her by the Alabama Veterinary Medical Association at least 30 days prior to appointment.
(c) The term of each member of the board shall be four years unless removed or until a successor is appointed and qualified. Vacancies shall be filled by appointment by the Governor as provided in subsection (b).
(d) No person may serve as a member of the board for more than 13 years total.
(e) Members may not serve more than two consecutive terms of office.
(f) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(g) Each member of the board shall be a citizen of this state.
CREDIT(S)
(Acts 1986, No. 86-500, p. 956, § 4; Acts 1987, No. 87-794, p. 1557, § 3; Acts 1989, No. 89-236, p. 310, § 3, Acts 1997, No. 97-249, p. 431, § 1; Act 2001-249, p. 299, § 3; Act 2009-29, § 3.)
§ 34-29-64. Qualifications of members; removal.
(a)
(1) Six members of the board shall be graduates of an accredited school of veterinary medicine; legal residents of Alabama; currently and validly licensed to practice veterinary medicine in Alabama; actively employed and licensed in the practice of veterinary medicine in the State of Alabama for the five years immediately prior to appointment; and continuing at least 35 hours per week in the practice of veterinary medicine while serving on the board.
(2) One member of the board shall be a licensed veterinary technician.
(3) One member of the board shall be a consumer.
(b) No person who has been appointed to the board shall continue membership on the board if, during the term of his or her appointment, he or she shall have done any of the following:
(1) Transfer his or her legal residence to another state.
(2) Own or be employed by any wholesale or jobbing house dealing in supplies, equipment, or instruments used or useful in the practice of veterinary medicine.
(3) Have his or her license to practice veterinary medicine as a veterinarian or as a licensed veterinary technician rescinded.
(4) Miss three consecutive meetings of the board.
(5) Be guilty of misconduct or gross inefficiency.
(c) The board shall establish procedures for the removal of members who violate one or more of the provisions of subsection (b).
(Acts 1986, No. 86-500, p. 956, § 5; Acts 1987, No. 87-794, p. 1557, § 4; Acts 1997, No. 97-249, p. 431, § 1; Act 2001-249, p. 299, § 3.)
§ 34-29-65. Executive director; incapacitation of director; official bond.
(a) The board may employ an executive director, prescribe the duties, and set the salary of the executive director.
(b) In the event the director should become incapacitated or unable to perform the duties of the position, the board may employ a person or persons to assume the duties of the director for as long as the board deems necessary.
(c) The director shall make and file with the Secretary of State an official bond in an amount to be fixed by the board. Premiums of the bond shall be paid out of funds of the board. The bond shall be payable to the State of Alabama and shall be written by an approved bonding company licensed to do business in the State of Alabama.
(Acts 1986, No. 86-500, p. 956, § 6; Acts 1987, No. 87-794, p. 1557, § 6; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-66. President and vice-president; bylaws; meetings; quorum; records.
(a) The board shall elect from its members a president and vice-president, each of whom shall serve a term of one year.
(b) The board shall do all of the following:
(1) Adopt rules and regulations to be compiled as an administrative code.
(2) Name a definite time and place for meetings.
(3) Have at least two business meetings each year called by the president, which shall be in addition to meetings for the conduct of examinations.
(4) Give notice in writing at least 10 days prior to the date on which the two annual business meetings are held to Alabama licensed veterinarians.
(5) Have a majority of sitting members of the board as a quorum.
(6) Hold meetings and administrative hearings open to the public except where closed to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for licensing or the disposition of a proceeding to discipline a licensed veterinarian or any other person licensed under this article.
(7) Hold special meetings called by the president or vice-president of the board and meet anywhere in Alabama.
(8) Keep complete and accurate records of all meetings and these records, except the records of closed meetings as provided in subdivision (6), shall be open to the public.
(Acts 1986, No. 86-500, p. 956, § 7; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-67. Compensation and expenses; expenditure of funds.
(a) The members of the board shall receive four hundred dollars ($400) for each day, or portion thereof, the member is actually engaged in the work of the board, and in addition, the usual per diem expenses allowed to other persons acting in the service of the State of Alabama or any of its agencies, institutions, boards, bureaus, or commissions.
(b) The legal expenses of the board for administration of this article shall be paid from funds in the State Treasury to the credit of the board and shall be paid only on warrant of the State Treasurer and approved by the Governor. No funds shall be withdrawn or expended except as budgeted and allotted pursuant to Title 41, Chapter 4, Article 4, and only in amounts as stipulated in the general appropriations act.
Credits
(Acts 1986, No. 86-500, p. 956, § 8; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, p. 1596, § 1; Act 2023-467, § 1, eff. Sept. 1, 2023.)
§ 34-29-68. Records to be kept; issuances and denials of licenses; what records are confidential.
The board shall keep records of its proceedings in a book provided for that purpose, especially with relation to the issuance, denial, renewal, suspension, and revocation of licenses to practice veterinary medicine. All licenses issued by the board shall be numbered and recorded by the executive director in a file for that purpose. Where a license is denied by the board to any applicant under this article, the facts and grounds of denial shall be entered in the minutes of the board. The issuance or denial of a license shall be noted along with the names of those board members present and the file shall be maintained by the board. Information received by the board through applications, complaints, inspections, and investigations shall be confidential and shall not be disclosed, except in a proceeding involving the question of the issuance of a license or disciplinary proceedings against a licensee or if authorized by law, a non-licensee. The board shall also be responsible for keeping a list of its members and their current status of license, whether revoked, inactive, suspended, etc.
(Acts 1986, No. 86-500, p. 956, § 9; Acts 1997, No. 97-249, p. 431, § 1.)
The board shall be a body corporate and shall have the power to do all of the following:
(1) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in the state.
(2) Issue, renew, deny, suspend, and revoke licenses, issue private reprimands and private informed admonitions to practitioners who practice veterinary medicine in this state, or otherwise discipline or censure veterinary professionals, irrespective of their licensure status, whether active, inactive, expired, lapsed, surrendered, or disciplined, relative to acts, omissions, complaints, and investigations which occurred during the licensure period consistent with this article.
(3) Conduct investigations for the purpose of discovering violations of this article or grounds for disciplining licensed veterinary professionals or other non-licensed individuals pursuant to the administrative code of the board and appoint individuals and committees to assist in the investigations. Jurisdiction of the board shall extend to non-licensed individuals engaging in the unauthorized practice of veterinary medicine. It is the intent of this section that licensees may not divest the board of jurisdiction by changing or relinquishing licensure status. The board shall have the power to subpoena records.
(4) Have a common seal and act as a corporate body with the right to sue and be sued, hold hearings, subpoena witnesses, compel the production of any books, records, papers, or documents, and take testimony bearing on the records of applicants for licensing to practice veterinary medicine and surgery in Alabama and on the records of practitioners who may be under consideration by the board for charges of misconduct.
(5) Employ full-time or part-time personnel, including an executive director as previously provided, professional, clerical, or special personnel as necessary to effectuate this article and to purchase or rent necessary office space, equipment, and supplies.
(6) Appoint from its own membership one or more members to act as representatives of the board at any meeting in or out of the state when representation is deemed desirable. The delegate or delegates from the board shall attend the annual meeting of the American Association of Veterinary State Boards and his or her expenses shall be paid by the board. The board may authorize the attendance of the executive director, legal counsel, or other staff members of the board at any meeting described in this subdivision.
(7) Adopt, amend, or repeal all rules necessary for its governance and all regulations necessary to carry into effect the provisions of this article in accordance with the Administrative Procedure Act, including, but not limited to, the establishment and publication of rules of professional conduct for the practice of veterinary medicine. These regulations shall be known as the Alabama State Board of Veterinary Medical Examiners Administrative Code. They shall be published and distributed to all licensed Alabama veterinarians and to all applicants for licensing. Any proposed changes to the administrative code shall be published in the official newsletter of the Alabama Veterinary Medical Association and mailed to all Alabama licensed veterinarians. A period of 10 days shall be allowed to post publication or notification so that any Alabama licensed veterinarian opposing the changes has time to request a hearing as hereafter provided.
(8) To fix minimum standards for continuing veterinary medical education which standards shall be a condition precedent to the renewal of a license under this article.
(9) To inspect any hospitals, clinics, satellites, outpatient clinics, mobile clinics, or other places utilized for the practice of veterinary medicine. An inspection shall be made by the board's authorized representative(s). The inspection shall be for the purpose of reporting such inspection to the board on a form prescribed by the board or for seeking disciplinary action in cases of violation of this article or violation of other health and sanitation regulations duly established and published by the board or other duly constituted state authorities having jurisdiction in such matters.
Notwithstanding any other provision of law, if certain equipment or services required by rule or regulation of the board to be available at a premises are not available at a premises, a written and signed agreement may be provided to the board demonstrating that the arrangements have been made to provide the equipment or services at a location that is within a reasonable distance from the premises.
(10) To provide special registration for veterinarian technicians, and if desired, veterinary interns, and veterinary student preceptees and to adopt regulations concerning the training, legislation, and service limits of those assistants while employed by and acting under the supervision and responsibilities of licensed veterinarians. The board shall have exclusive jurisdiction in determining eligibility and qualification requirements and in granting or refusing to grant or to suspend or revoke registration. Any suspension or revocation of a special registration issued under this section shall be conducted pursuant to the Code of Alabama 1975.
(11) Establish and publish annually a schedule of fees for the licensing or registration, or both, and for renewal of a license or registration for veterinarians and veterinary technicians pursuant to this article.
(12) Authorize any member of the board to sign complaints for the bringing of proceedings in courts for the enforcement of this article.
(13) To act as a corporate board or as an individual member of the board to prosecute in court on an action quo warranto, injunction, or any other proper suit to oust from practice unlawful practitioners and to assist the Attorney General or any other prosecutor for criminal violations of this article.
(14) For disciplinary purposes, to adopt, levy, and collect administrative fines for noncompliance by its licensees and other individuals engaging in the unauthorized practice of veterinary medicine of this chapter, or the administrative code of the board, of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000) per violation, and to institute any legal proceedings necessary to effect compliance with this chapter.
(15) To promulgate and implement administrative rules and regulations in accordance with the State Administrative Procedure Act to provide for an inactive license status, an inactive license fee, and a reactivation process and reactivation fee.
(Acts 1986, No. 86-500, p. 956, § 10; Acts 1989, No. 89-236, p. 310, § 3; Acts 1993, No. 93-155, p. 250, § 3; Acts 1997, No. 97-168, p. 243, § 3; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, § 1.)
§ 34-29-70. Board of Veterinary Medical Examiners Fund; expenditures; transfer of excess.
All revenues received by the board shall be accepted by the executive director and deposited with the Treasurer of the State to be credited to an account to be known as the Board of Veterinary Medical Examiners Fund. All expenses of the board shall be paid from the fund by vouchers signed by the executive director of the board and no part of the state's General Fund shall be expended for this purpose. Funds shall be a continuing account and shall not be subject to diversion to the State General Fund except to the extent that the balance in the fund at the close of any fiscal year exceeds the budget of the board by 200 percent, in which case the excess shall be transferred to and become a part of the State General Fund.
(Acts 1986, No. 86-500, p. 956, § 11; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-71. Temporary license; conditions; issuance; duration; limit on issuance.
(a) The board may issue a temporary license to practice veterinary medicine to an unlicensed applicant providing the applicant meets all conditions and requirements of this article relating to qualifications of applicants for license to practice veterinary medicine. Any person applying for a temporary license shall associate himself or herself with a licensed doctor of veterinary medicine. His or her license shall be limited to the work of a licensed doctor of veterinary medicine and he or she shall not participate without direct supervision in the practice of or operation of a branch office, clinic, or allied establishment. An applicant may work under the indirect supervision in the primary clinic of his or her employer. The license, when granted, shall bear the name and address of the licensed doctor of veterinary medicine. There shall be a fee which shall not be refundable for the temporary license.
(b) Renewal of temporary licenses may be granted by the board. No temporary license shall be issued to an applicant who has not passed either the AVMA approved National Veterinary Licensing Exam or the National Board Examination for Veterinarians, and the Clinical Competency Test for Veterinarians, or has failed any portion of the Alabama state board examination.
(c) All temporary licenses shall expire 90 days from date of issue or on the day the applicant receives or is denied a license from the board, whichever date is earliest.
(d) Acceptance of a temporary license by an applicant shall be deemed to be consent for expiration of that license in accordance with this article.
(e) If employment ceases at the place of employment noted on the temporary license, then the board shall be notified or if there is more than one employer of that temporary license holder, the board shall be notified by the employer.
(Acts 1986, No. 86-500, p. 956, § 12; Acts 1987, No. 87-794, p. 1557, § 5; Acts 1989, No. 89-236, p. 310, § 3; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, § 1.)
§ 34-29-72. Application; qualifications; faculty license.
(b) Graduates of veterinary medical programs not accredited by the AVMA shall furnish satisfactory proof of an Educational Commission for Foreign Veterinarian Graduates (ECFVG) certificate or its equivalent provided by the American Veterinary Medical Association (AVMA), proof of completion of an internship as provided in Section 34-29-91, and of having, within three years of application to the State of Alabama, passed the AVMA approved National Veterinary Licensing Exam and proof of comprehension of and an ability to communicate in the English language.
(c) Any applicant satisfactorily completing the AVMA approved National Veterinary Licensing Exam in another state need not repeat the examination for licensure in Alabama, however, the board retains jurisdiction to require the applicant repeat any portion of the AVMA approved National Veterinary Licensing Exam or practice specific examinations necessary to determine practice competency.
(d) If the board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next AVMA approved National Veterinary Licensing Examination or state board examination; or if the applicant is eligible for a license without examination under this article, the board may grant him or her a license.
(e) Licenses issued under this subsection shall not require graduation from an AVMA accredited college or school of veterinary medicine, shall not require that the licensee have passed either the NBE and CCT or the NAVLE, shall not require the licensee to hold an ECFVG certificate, and shall not require that a licensee be previously licensed in this state or in the United States. All practice of veterinary medicine in Alabama requires a license. All members of the faculty at a college or school of veterinary medicine shall have a license if they practice on client-owned animals in direct association with their employment at the college or school. Notwithstanding any provision of law to the contrary, the board may issue a veterinary faculty license to any applicant who is a member of the faculty or staff at any college or school of veterinary medicine in this state and is involved in the instruction program of veterinary medicine students. Holders of a veterinary faculty license are permitted to practice veterinary medicine within their specialty or subspecialty, only as it relates to his or her regular function within the college or school. Such individuals shall be remunerated for the practice aspects of their employment solely from state, federal, or institutional funds.
(1) Applicants for a veterinary faculty license shall perform all of the following:
a. Complete the application form provided by the board, along with submitting a recent photograph and applicable fees.
b. Provide proof of graduation from a reputable college or school of veterinary medicine.
c. Provide proof of an appointment to the faculty of an Alabama school or college of veterinary medicine teaching veterinary students. This proof shall be provided by an authorized administrative official of the college or school.
d. Certify that he or she understands and agrees that the veterinary faculty license is valid only for the practice of veterinary medicine as a faculty member of the college or school where employed.
e. Demonstrate competency in the English language.
f. Take and pass the state board examination on the Alabama practice act.
g. Provide proof that he or she is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(2) The license issued pursuant to this subsection shall always be prominently displayed.
(3) The license issued pursuant to this subsection restricts the holder to practice that is confined to clinical and hospital units or field services units, or both, of the college or school of veterinary medicine where employed.
(4) The license issued pursuant to this subsection may be disciplined, suspended, or revoked in accordance with this article.
(5) The license issued pursuant to this subsection shall be cancelled by the board upon receipt of information that the holder of the license has left or has otherwise been discontinued from faculty employment at a college or school of veterinary medicine in Alabama.
(6) The board recognizes that flexibility is needed in licensing eminent scholars from around the world. The primary purpose of the veterinary faculty license is to allow deans of Alabama's colleges and schools of veterinary medicine a standardized procedure through which to bring talents to our faculties and to license them, keeping them subject to this article.
(Acts 1986, No. 86-500, p. 956, § 13; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, p. 1596, § 1; Act 2009-29, § 3.)
§ 34-29-73. Examinations; public notice; passing score; issuance of licenses; retaking of examination.
(a) The board shall hold at least two examinations and may hold additional examinations as it deems necessary. The executive director or his or her designee shall give appropriate public notice of the time and place of the examination at least 120 days in advance of the date set forth for the examination. Any person desiring to take the examination shall make license application at least 60 days before the examination and pay the required application and examination fees.
(b) The preparation, administration, and grading of examinations shall be governed by the administrative code as prescribed by the board. Examinations shall be designed to test the examinee's knowledge of and proficiency in subjects and techniques commonly taught in veterinary school. To pass the examination, the examinee shall demonstrate scientific and practical knowledge sufficient to prove himself or herself a competent person to practice veterinary medicine in the judgment of the board. All examinees shall be tested by written examinations supplemented by oral interviews and practical demonstrations as the board may deem necessary. The board may adopt and use the examinations and passing criteria prepared by professional examination services approved by the American Veterinary Medical Association, in addition to a state written examination.
(c) A passing score on the AVMA approved National Licensing Examination or examinations shall be determined by the professional examination provider based on a national criteria which reflects a passing score of at least 70 percent.
(d) A passing score on the state examination shall be deemed to be the correct answering of at least 70 percent of the questions contained on the state written examination and on the state practical and oral examinations. The scores may not be combined.
(e) Within 60 days after each examination, the executive director or his or her designee shall notify each examinee of the results of his or her examination and the board shall issue licenses to the persons successfully completing the examination provided all requirements for licensing have been met. The executive director or his or her designee shall record the new licenses and issue a certificate of qualification to the new licensees. Any person failing an examination shall be eligible to take any subsequent examination upon payment of the application and examination fees. Any person failing an examination may retake that examination for a maximum of three times. The examination shall be given in English.
(Acts 1986, No. 86-500, p. 956, § 14; Acts 1987, No. 87-794, p. 1557, § 7; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, § 1.)
§ 34-29-74. Issuance of license without written examination to certain applicants.
The board may issue a license without a written examination to a qualified applicant who furnishes satisfactory proof that he or she is a graduate of an accredited veterinary school and who has been for the five years immediately prior to filing his or her application a practicing veterinarian licensed in a state, territory, or district of the United States having license requirements at the time the applicant was first licensed which were substantially equivalent to the requirements of this article.
The board may orally or practically examine any person qualifying for licensing under this section.
(Acts 1986, No. 86-500, p. 956, § 15; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-75. Expiration and renewal of licenses; continuing education requirements; fees.
All licenses shall expire annually on December 31 of each year but may be renewed by application to the board showing fulfillment of continuing education requirements and payment of a renewal fee established and published by the board. The continuation of practice after the expiration of a license shall be in violation of this article and be cause for suspension of the license. The executive director shall send a reminder of expiration 30 days prior to expiration by first class mail and issue a new display license to all persons registering under this article. Failure to renew a license on or before January 1 of each year shall prompt the executive director to send a final notice of expiration by certified mail, return receipt requested, to the last address of the veterinarian known to the board and a late penalty shall be assessed and the license shall be suspended for non-renewal. A person may renew a license suspended for non-renewal at any time within two years, upon application, payment of the prescribed renewal fee and a late penalty fee per year for late renewals, provided the applicant is otherwise eligible for renewal. The board may renew a license without fulfillment of the continuing education requirement to any nonpracticing veterinarian over 70 years old or grant extensions or exemptions of continuing education requirements for veterinarians with extenuating medical or other circumstances.
(Acts 1986, No. 86-500, p. 956, § 16; Acts 1987, No. 87-794, p. 1557, § 8; Acts 1989, No. 89-236, p. 310, § 3; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, § 1.)
§ 34-29-76. License required for practice of veterinary medicine -- Certain acts prohibited.
No person shall practice veterinary medicine or veterinary technology unless the person holds an active license to practice veterinary medicine or veterinary technology in the State of Alabama and in addition:
(1) No person shall use the name or title of licensed veterinarian when the person has not been licensed pursuant to this article.
(2) No person shall use the name or title of a licensed veterinary technician when the person has not been licensed pursuant to this article.
(3) No person shall present as his or her own the license of another.
(4) No person shall give false or forged information to the board or a member thereof for the purpose of obtaining a license.
(5) No person shall use or attempt to use a veterinarian's license which has been suspended or revoked.
(6) No person shall knowingly employ unlicensed persons in the practice of veterinary medicine.
(7) No person shall knowingly conceal information relative to violations of this article.
(8) No person shall falsely represent himself or herself as being in a supervisory status without providing such supervision.
(9) No person shall provide veterinary medical services to a client or patient in this state through telephonic, electronic, or other means, regardless of the location of the veterinarian, without a license to practice in this state and without establishing a veterinarian-client-patient relationship.
(10) No person convicted of fraud, deceit, gross negligence, incompetency, violation of the administrative code of the board, or any other misconduct in the practice of veterinary medicine shall be allowed to retain his or her license to practice veterinary medicine and surgery in Alabama.
(11) No person convicted of or pleading nolo contendere to a felony or a crime involving moral turpitude shall be allowed to retain his or her license to practice veterinary medicine and surgery in Alabama.
CREDIT(S)
(Acts 1986, No. 86-500, p. 956, § 17; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, p. 1596, § 1; Act 2010-536, § 1.)
§ 34-29-77. License required -- Certain acts not prohibited.
No person shall practice veterinary medicine or veterinary technology in the State of Alabama who is not a currently and validly licensed veterinarian or licensed veterinary technician or the holder of a temporary permit issued by the board. This article shall not be construed to prohibit any of the following:
(1) A student in a school or college of veterinary medicine from the performance of duties assigned by his or her instructor or from working as a veterinary student preceptee under direct or indirect supervision of a licensed veterinarian.
(2) A student in a school or college of veterinary technology accredited by the AVMA from the performance of duties assigned by his or her instructor or from working as a veterinary technician student under direct or indirect supervision of a licensed veterinarian or licensed veterinary technician.
(3) Any doctor of veterinary medicine in the employ of a state or federal agency while actually engaged in the performance of his or her official duties; however, this exemption shall not apply to a person when he or she is not engaged in carrying out his or her official duties or is not working at or for the installations for which his or her services were engaged.
(4) Any person or his or her regular employee, administering to the ills or injuries of his or her own animals, including but not limited to, castration and dehorning of cattle unless title is transferred or employment changed for the purpose of circumventing this article.
(5) State agencies, accredited schools, institutions, foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of veterinary medicine, or persons under direct supervision thereof, which or who conduct experiments and scientific research on animals in the development of pharmaceuticals, biologicals, serums, or methods of treatment or techniques for diagnosis or treatment of human ailments or when engaged in the study and development of methods and techniques directly or indirectly applicable to the problems of the practice of veterinary medicine.
(6) Qualified practitioners of veterinary medicine and surgery from without the State of Alabama consulting with licensed veterinarians in Alabama. No veterinarian of any other state shall actively and actually practice veterinary medicine in Alabama unless and until he or she shall obtain a license to practice veterinary medicine from the Alabama State Board of Veterinary Medical Examiners and shall comply with the other requirements contained in this article.
(7) A member of the faculty of a veterinary school performing his or her regular functions or a person giving board approved lectures, instructions, or demonstrations in connection with continuing education courses or seminars to licensed veterinarians, licensed veterinary technicians, veterinary students, or veterinary technician students.
(8) Persons from gratuitously giving aid, assistance, or relief in emergency cases if they do not represent themselves to be veterinarians or use any title or degree appertaining to the practice thereof.
(9) Fishery biologists actively employed by the State of Alabama, the United States government, or any person in the production or management of commercial food or game fish while in the performance of their official duties.
(10) A person from being or practicing as a “veterinary intern”, as that term is defined in subdivision (22) of Section 34-29-61.
CREDIT(S)
(Acts 1986, No. 86-500, p. 956, § 18; Acts 1989, No. 89-236, p. 310, § 3; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, p. 1596, § 1; Act 2010-536, § 1.)
§ 34-29-78. Injunction against unauthorized practice of veterinary medicine.
The board or any citizen of this state may bring action in the Circuit Court of Montgomery County to enjoin any person from practicing veterinary medicine without a currently valid license or temporary permit. If the court finds that the person is violating or is threatening to violate this article, it shall enter an injunction restraining him or her from such unlawful acts. 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.
(Acts 1986, No. 86-500, p. 956, § 19; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-79. Right to administrative hearing; notice; procedure; notification of decision; publication of suspensions and revocations; special appointments.
(a) When the board, by its official actions, acts or proposes to act in a manner which will affect the rights, duties, or privileges of the issuance of a license to an applicant or the license of a veterinarian, veterinary technician, or other individual, those persons shall have a right to an administrative hearing. When the board proposes to act in such manner, it shall give to the person or persons notice of their right to a hearing by certified mail to the person at his or her last known address, a notice of the proposed action, notice of a right to a hearing, and the time and place for a hearing, as provided in subsection (b). If the person or persons fail to appear at the time set for the hearing, the hearing may be conducted in absentia.
(b) A hearing shall be held no sooner than 20 days after written notice to the licensed veterinarian, veterinary technician, or other individual of the administrative charges against him or her, or to the applicant in the case of a person whose application for license is denied. The applicant, licensed veterinarian, veterinary technician, or other individual shall have the right to be heard in person and by counsel, the right to have subpoenaed the attendance of witnesses and records in the behalf of, and the right to cross-examine witnesses appearing against him or her. Strict rules of evidence shall not apply. The board may provide a stenographer or other stenographic means to take down the testimony and shall preserve a record of the proceedings. If a transcript of the record is prepared and is, by definition, a matter of public record, it may be purchased by any person interested in such hearing on payment to the board of the cost of preparing the transcript.
(c) The board shall notify the applicant, licensed veterinarian, veterinary technician, or other individual of its decision in writing within a reasonable time after the conclusion of the hearing. The executive director or his or her designee, in all cases of suspension, revocation, or other discipline, shall enter the fact in the minutes of the board. Any person whose license is suspended or revoked shall be deemed an unlicensed person for purposes of this article and the probate court of that county or counties where the license should be filed shall be notified, the license pulled, and the fact published in the newsletter of the board. The board shall also cause a notice of revocation or suspension to be published in a newspaper of general circulation in each county of the State of Alabama in which the disciplined veterinarian maintains an office for the practice of veterinary medicine or veterinary technician is employed or the individual resides.
(d) When a member of the board is unable to continue the hearing either by disqualification or for any other reason, and the board is unable to obtain a quorum, the Governor shall appoint as many special members as is necessary to obtain a quorum from a list of three persons submitted for each place by the Alabama Veterinary Medical Association. These special members serve on the board only for that hearing for which they were appointed and the special members may be reappointed for subsequent hearings if necessary.
(Acts 1986, No. 86-500, p. 956, § 20; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, § 1.)
§ 34-29-80. Complaints and testimony to be privileged; immunity of certain persons from suit.
Complaints submitted to the board or testimony with respect thereto shall be absolutely privileged and no lawsuit predicated thereon may be instituted. Members of the board and their staffs, and any member of a grievance committee authorized by the board to investigate a complaint filed pursuant to this article shall be immune from suit for any conduct in the course of their official duties.
(Acts 1986, No. 86-500, p. 956, § 21.)
§ 34-29-81. Relicensing and reinstatement.
Any person whose license is suspended or revoked by the board may be relicensed or reinstated at any time without an examination by a majority vote of the board on written application made to the board showing cause justifying relicensing and reinstatement pursuant to the administrative code of the board.
(Acts 1986, No. 86-500, p. 956, § 22; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-82. Criminal penalties.
Any person who shall practice veterinary medicine without a current valid license shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or imprisoned for not more than 90 days, or both, and each act of unlawful practice shall constitute a distinct and separate offense. The person, in the discretion of the judge, may be imprisoned or placed at hard labor for not more than six months.
(Acts 1986, No. 86-500, p. 956, § 23; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-83. Appeal of disciplinary action; stay of revocation.
A person disciplined pursuant to this article may appeal to the Circuit Court of Montgomery County, notwithstanding the provisions of the Administrative Procedure Act. To do so, he or she shall file a petition in the circuit court within 30 days after notification of the decision of the board. The board has 15 days to enter an appearance and to file the record of the administrative proceedings. The court may affirm or set aside the decision of the board by judicial review. The license shall not be revoked pending appeal except in extraordinary circumstances as determined by the board, and approved by the circuit court in which the appeal is pending.
(Acts 1986, No. 86-500, p. 956, § 24; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-84. Filing of license with probate office; fee.
A person shall be responsible for filing his or her license with the probate office of the county where he or she resides or the probate office of the county where he or she may move, or each county where he or she is to practice even if he or she is not a resident. The fee shall be one dollar ($1).
(Acts 1986, No. 86-500, p. 956, § 25; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-85. Status of persons holding license on April 30, 1986.
Any person holding a valid license to practice veterinary medicine in Alabama on April 30, 1986, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article and the administrative code of the board.
(Acts 1986, No. 86-500, p. 956, § 26; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-86. Disposition of abandoned animals; notice to owner or agent; financial liability of owner or agent .
(a) Any animal placed in the custody of a licensed veterinarian for the treatment, boarding, or other care which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his or her agent at his or her last known address shall be deemed to be abandoned and may be turned over to the nearest humane society or dog pound or sold to collect the lien pursuant to Sections 35-11-390 and 35-11-391.
(b) The giving of notice to the owner or the agent of the owner of the animal by the licensed veterinarian as provided in subsection (a) shall relieve the Licensed Veterinarian and custodian to whom the animal may be given of any further liability for disposal.
(c) For the purpose of this article, the term abandoned shall mean to forsake entirely, 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. The abandonment shall constitute the relinquishment of all his or her rights and claims by the owner to the animal.
(d) The disposal of an abandoned animal shall not relieve the owner or agent thereof of any financial obligation incurred for treatment, boarding, or care by the veterinarian.
(Acts 1986, No. 86-500, p. 956, § 27; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-87. Partnership or employment in practice of veterinary medicine not to be for nonlicensed persons; exceptions.
(a) Whenever the practice of veterinary medicine is carried on by a partnership, all partners shall be either licensed or holders of temporary licenses to practice veterinary medicine in the State of Alabama.
(b) It shall be unlawful for any licensed veterinarian to practice veterinary medicine as an employee of any person or other entity not engaged primarily in the practice of veterinary medicine or for any person that is the owner or owners of an active veterinary practice to be other than a veterinarian or veterinarians duly licensed in the State of Alabama.
(c) The following shall be exempt from this section:
(1) A veterinarian employed by a person treating his or her employer's animals.
(2) A veterinarian employed by an official agency of the federal or state government or any subdivision thereof.
(3) A veterinarian employed by any licensed research facility.
(4) An heir or heirs inheriting under the terms of a will or by intestate succession for a period of two years following the death of the licensee.
(Acts 1986, No. 86-500, p. 956, § 28; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-88. Premise permits -- Required; fees; inspection; revocation, etc.; closure and imposition of penalties; renewal; requirements for satellite or mobile clinics.
(a) Any facility, including mobile clinics or any other premises where a licensed veterinarian practices shall have a premise permit issued by the board. Upon application and payment of a premise permit fee and an inspection fee, if necessary to cover the cost of inspection, the board shall cause a facility to be inspected. A premise permit shall be issued if the facility meets minimum standards to be adopted by the administrative code of the board as to sanitary conditions and physical plant. In lieu of the above procedure, the board may issue a premise permit to any premise which is accredited by a recognized organization whose standards meet or exceed minimum board standards as established by the administrative code of the board.
(b) Each application for premise permit shall set forth the names of all licensed veterinarians who shall be responsible for the management of the premises.
(c) The premise permit may be revoked, suspended, or denied when inspection reveals that the premises do not meet the standards set by the administrative code of the board or when the license of the responsible veterinarian or veterinarians has been suspended or revoked.
(d) The board may cause the closure of a facility and impose a penalty against any owner, operator, or responsible veterinarian of any premises operating without a premise permit in violation of this section or in violation of the administrative code of the board. No penalties so imposed shall exceed one thousand dollars ($1,000) for each count or separate offense. In order that the board and the executive director may determine whether or not a danger to the public or to animals exists, the executive director or investigators employed by the board may conduct inspections or investigations of premises suspected of being in violation of any rule of the board. If a violation is found in conducting an inspection which is determined to be a hazard and a danger to the public or to animals, the executive director may suspend that premise permit until further notice.
(e) All premise permits shall be renewed yearly by payment of a fee to the board.
(f) Veterinary facilities shall be reinspected periodically as determined by the board.
(g) Premise permits issued to satellite, outpatient, or mobile small animal clinics shall state the name of the full service veterinary facility in that locale providing emergency and after hours service. Premise permits issued to mobile large animal clinics shall state the name of the full service veterinary facility in that locale providing radiology, emergency, and after hours service. Mobile clinics operating in more than one locale, i.e. city, shall have a premise permit for each locale. If the agreement between the outpatient, satellite, mobile large animal clinic, mobile small animal clinic, and the full service veterinary clinic providing back-up service ceases, the board shall be notified immediately and a new agreement for back-up service shall be provided before the issuance of a new premise permit.
(Acts 1986, No. 86-500, p. 956, § 29; Acts 1987, No. 87-794, p. 1557, § 9; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-89. Premise permits -- Display.
Each person to whom a license or premise permit, or both, is issued shall keep such license or premise permit, or both, conspicuously displayed in his or her office, place of business, or place of employment and shall, whenever required, exhibit the license or premise permit, or both, to any member or authorized representative of the board.
(Acts 1986, No. 86-500, p. 956, § 30; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-90. Immunity of veterinarians from suit for emergency care of animals or human victims; nonliability to animal hospital.
(a) Any licensed veterinarian who in good faith as a volunteer and without fee renders emergency care or treatment to a domestic animal shall not be liable in a suit for damages as a result of his or her acts or omissions which may occur during emergency care or treatment, nor shall he or she be liable to any animal hospital for its expense if under emergency conditions he or she orders an animal hospitalized or causes his or her admission to a hospital.
(b) Any licensed veterinarian who in good faith renders or attempts to render emergency care at the scene of an accident or emergency to the human victim or victims thereof shall not be liable for any civil damages as a result of any act or omissions by persons rendering or attempting to render the emergency care.
(Acts 1986, No. 86-500, p. 956, § 31; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-91. Requirements for eligibility of graduate of nonaccredited school to take examination.
A person who is a graduate of a college of veterinary medicine not accredited by the American Veterinary Medical Association shall be eligible to take the regularly scheduled state licensing examination given by the board upon furnishing all the following required documents or items:
(1) The certificate of the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates (ECFVG).
(2) A certificate evidencing the completion of a one-year internship as required by the ECFVG in a veterinary hospital or clinic approved by the Alabama State Board of Veterinary Medical Examiners. This internship can be completed in more than one hospital or clinic; however, a minimum of three months shall be spent in any one place and the intern shall receive a variety of veterinary experience. This internship may commence prior to or following the national and state examinations and all shall be completed within an 18- month period. The sponsoring practitioner of the internship shall give a complete written report to the board at the completion of each three months which shall include a performance evaluation of the intern. The board shall insure that the internship was satisfactorily completed by the applicant prior to issuance of a state license. The ECFVG certificate shall be in addition to all other requirements expected for licensing of veterinarians in Alabama.
(3) Proof of his or her citizenship of the United States and of good moral character.
(Acts 1986, No. 86-500, p. 956, § 32; Acts 1997, No. 97-168, p. 243, § 3; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, § 1.)
§ 34-29-92. Service of applicants as student preceptees for minimum period.
The Alabama State Board of Veterinary Medical Examiners may require that all applicants serve as a student preceptee working under the supervision of a veterinarian licensed in any state for a minimum period of nine consecutive weeks.
(Acts 1986, No. 86-500, p. 956, § 33; Acts 1997, No. 97-249, p. 431, § 1.)
§ 34-29-93. Six months internship requirement. Repealed by Acts 1997, No. 97-249, p. 431, § 2, effective August 1, 1997.
§ 34-29-94. Veterinary technician licensing requirements; authorized acts; unlicensed assistants; emergency care; suspension, revocation of license; continuing education.
(a) In order to obtain a license as a veterinary technician, the applicant shall do all of the following:
(1) Submit a complete notarized application on a form prescribed by the board setting forth that the applicant meets all of the following qualifications:
a. At least 18 years of age.
b. Of good character.
c. Has attained a competent school education and has received a diploma in veterinary technology from an American Veterinary Medical Association accredited school, or other school of veterinary technology approved by the board.
(2) Submit an application accompanied by an authenticated copy of the college transcript of the applicant signed by the dean or the registrar of the school, college, or university.
(3) Submit an application accompanied by a photograph of reasonable likeness of the applicant taken within six months of the date of the application.
(4) Submit an application fee as prescribed by the board.
(b) Notification and penalty for nonrenewal of licenses for veterinary technicians shall be applied as provided in this article for veterinarians.
(c) The board may adopt the Veterinary Technician National Examination and passing criteria prepared by the Professional Examination Service (PES), or any other veterinary technician national examination as the sole veterinary technicians examination or in addition to a state examination at its discretion.
(1) Examination of applicants for licensing as veterinary technicians in Alabama shall be held at a time, place, and date set by the board. Appropriate public notice of the time and place of the examination shall be given at least 90 days in advance of the date set forth for the examination.
(2) A passing score on the AVMA approved National Licensing Examination shall be determined by the professional examination provider based on a national criteria which reflects a passing score of at least 70 percent. Each applicant who passes the examination and meets all other requirements for licensure prescribed by the board shall be granted a license as a veterinary technician and shall be registered as such and a record kept by the board, and shall receive a license in a form to be prescribed by the board.
(d) There shall be an annual renewal of each veterinary technician's license and the renewal fee established and published by the board.
(e) The supervising veterinarian may require a licensed veterinary technician to perform any task for which he or she has been trained as delineated in the American Veterinary Medical Association's essential tasks list for veterinary technician teaching programs. The following tasks may be performed under the level of supervision indicated unless specifically prohibited by regulation and the supervision shall be under a licensed veterinarian currently registered to practice in this state, provided the veterinarian makes examinations in a manner and frequency consistent with the accepted standard of care for the condition of the patient and for the condition being treated:
(1) A licensed veterinary technician may perform the following tasks under the indirect supervision of a veterinarian. If the animal is anesthetized, these tasks shall require the direct supervision of a veterinarian:
a. Dental prophylaxis.
b. Enemas.
c. Electrocardiography.
d. Application of bandages.
e. Catheterization of the unobstructed bladder and inserting indwelling catheter.
f. Gavage.
g. Ear flush.
h. Surgical site preparation.
i. Diagnostic imaging:
1. Patient preparation and positioning.
2. Operation of X-ray and ultrasound machines.
3. Oral and rectal administration of radio-opaque materials.
j. Injections of medications not otherwise prohibited:
1. Intramuscular.
2. Subcutaneous.
3. Intravenous.
4. Intradermal.
k. Oral medications.
l. Topical medication.
m. Laboratory:
1. Collection of tissue during or after a veterinarian has performed necropsy.
2. Urinalysis.
3. Hematology.
4. Parasitology.
5. Exfoliative cytology.
6. Microbiology.
7. Blood chemistry.
8. Serology.
9. Coprology.
n. Administration of preanesthetic drugs.
o. Oxygen therapy.
p. Removal of partially exposed foreign objects from skin and feet.
q. Removal of sutures.
r. Euthanasia.
s. Administration of immunological agents.
t. Blood collection for diagnostic purposes.
u. Cystocentesis.
v. Placement of a device to allow vascular access.
w. Handling of biohazardous waste materials.
(2) A licensed veterinary technician may perform the following tasks under the direct supervision of a veterinarian:
a. Endotracheal intubation.
b. Blood administration and collection.
c. Fluid aspiration.
d. Intraperitoneal injections.
e. Assist during surgery and diagnostics and treatment procedures.
f. Monitoring of vital signs of anesthetized patient.
g. Application of splints.
h. Induce anesthesia by intravenous, intramuscular, or subcutaneous injection, or by inhalation.
i. When the animal is anesthetized, those tasks listed under subdivision (1).
j. Suturing skin lacerations, the site shall be examined by a veterinarian prior to and following suture.
(3) An unlicensed assistant may perform the following tasks under the indirect supervision of a licensed veterinarian or licensed veterinary technician:
a. Blood collection for diagnostic purposes.
b. Fecal sample collection.
c. Surgical site preparation.
d. Administration of previously prescribed medications: Opthalmic, otic, oral, topical, or parenteral.
e. Handling of biohazardous waste materials.
(4) An unlicensed assistant may perform the following tasks under the immediate supervision of a licensed veterinarian or a licensed veterinary technician:
a. Blood collection and administration.
b. Placement of a device to allow vascular access.
c. Gavage.
d. Diagnostic imaging:
1. Patient preparation and positioning.
2. Film exposure.
3. Oral and rectal administration of radio-opaque materials.
e. Intravenous injections of medications not otherwise prohibited.
f. Exfoliative cytology preparation.
g. Application of bandages.
h. Ear flush.
i. Electrocardiography.
j. Removal of sutures.
k. Euthanasia.
l. Assist during surgery and diagnostics.
m. Place endotracheal tube.
(f) Under the conditions of an emergency, a licensed veterinary technician may render the following lifesaving aid and treatment:
(1) Application of tourniquets or pressure bandages, or both, to control hemorrhage.
(2) Administration of pharmacological agents and parenteral fluids shall only be performed after direct communication with a veterinarian authorized to practice in this state and the veterinarian is either present or in route to the location of the distressed animal.
(3) Resuscitative respiratory procedures.
(4) External cardiac massage.
(5) Application of temporary splints or bandages to prevent further injury to bones or soft tissue.
(6) Application of appropriate wound dressings and external supportive treatment in severe burn cases.
(g) Any persons licensed or certified pursuant to this article who gratuitously and in good faith give emergency treatment to a sick or injured animal at the scene of an accident or emergency shall not be liable for damages to the owner of the animal in the absence of gross negligence.
(h) Any licensed veterinary technician who in good faith renders or attempts to render emergency care at the scene of an accident or emergency to the human victim or victims thereof shall not be liable for any civil damages as a result of any act or omission by the person in rendering or attempting to render the emergency care.
(i) Any veterinary technician shall display his or her license at his or her place of employment as to be easily accessible to the public or his or her clients.
(j) The board shall revoke the license of any veterinary technician convicted of or pleading nolo contendere to a felony, a crime involving moral turpitude, or who is guilty of one or more of the following:
(1) Soliciting patients from any practitioner of the healing arts.
(2) Willfully or negligently divulging a professional confidence or discussing a diagnosis or treatment of a veterinarian without the express permission of the veterinarian.
(3) The habitual or excessive use of intoxicants or drugs.
(4) Fraud or misrepresentation in applying for or procuring a license to perform as a veterinary technician or in applying for or procuring an annual registration.
(5) Impersonating another person licensed as a veterinary technician or allowing any person to use his or her license as a technician.
(6) Abetting or aiding the practice of veterinary medicine by a person not licensed by the board.
(7) Gross negligence in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian.
(8) Manifest incapability or incompetence to perform as a veterinary technician.
(k) The board may revoke or suspend any license which they may have issued for violation of this article relating to the practice of veterinary medicine or the conduct of veterinary technicians, or both, for the violation of the administrative code of the board after notice and hearing proceedings, as provided by Section 34-29-79. Appeals from any adverse action of the board under this section shall be made to the Circuit Court of Montgomery County.
(l) Any veterinarian who permits a veterinary technician to work and perform the duties of a licensed technician in his or her office without having been issued a license or any licensed veterinary technician working in a veterinary office without a license shall be guilty of a misdemeanor. Nothing, however, in this article shall be construed to prevent a student of veterinary technology from performing duties necessary to complete course requirements from an accredited school or college of veterinary technology while under the supervision of a competent instructor of veterinary medicine recognized by the Alabama State Board of Veterinary Medical Examiners.
(m) A minimum number of hours of continuing education shall be required yearly for license renewal as provided by the administrative code of the board.
(n) Graduates of veterinary technology programs not accredited by the AVMA may become eligible for licensure by meeting all of the requirements of the AVMA and successfully passing the AVMA approved veterinary technician licensing examination.
CREDIT(S)
(Acts 1986, No. 86-500, p. 956, § 35; Acts 1989, No. 89-236, p. 310, §§ 3, 4; Acts 1997, No. 97-249, p. 431, § 1; Act 2006-590, p. 1596, § 1; Act 2010-536, § 1.)
Article 5. Impaired Veterinary Professionals.
For the purposes of this article the following terms shall have the following meanings:
(1) IMPAIRED. The inability of a veterinary professional to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
(2) VETERINARY PROFESSIONAL. A veterinary licensed to practice veterinary medicine and veterinary technicians who are licensed to practice veterinary technology.
(Act 2000-453, p. 815, § 1.)
§ 34-29-111. Duties of board; Alabama Veterinary Professionals Wellness Committee; liability.
(a) It shall be the duty and obligation of the State Board of Veterinary Medical Examiners to promote the early identification, intervention, treatment, and rehabilitation of veterinary professionals licensed to practice veterinary medicine or veterinary technology in Alabama who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
(b) In order to carry out this obligation the State Board of Veterinary Medical Examiners may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee of veterinary professionals to be designated the Alabama Veterinary Professionals Wellness Committee. The committee shall consist of not less than 10 nor more than 15 veterinary professionals licensed to practice in Alabama and selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the Alabama Veterinary Professionals Wellness Committee, including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The funds provided by the board for the purpose of operating expenses shall not be subject to any provision of law requiring competitive bidding.
(c) The Board of Veterinary Medical Examiners may enter into an agreement with a nonprofit corporation or medical professional association for the Alabama Veterinary Professionals Wellness Committee to undertake those functions and responsibilities specified in the agreement which may include any or all of the following:
(1) Contracting with providers of treatment programs.
(2) Receiving and evaluating reports of suspected impairment from any source.
(3) Intervening in cases of verified impairment.
(4) Referring impaired veterinary professionals to treatment programs.
(5) Monitoring the treatment and rehabilitation of impaired veterinary professionals.
(6) Providing post-treatment monitoring and support of rehabilitated impaired veterinary professionals.
(7) Performing other activities as agreed by the Board of Veterinary Medical Examiners and the Alabama Veterinary Professionals Wellness Committee.
(d) The Alabama Veterinary Professionals Wellness Committee shall develop procedures in consultation with the Board of Veterinary Medical Examiners for the following:
(1) Periodic reporting of statistical information regarding impaired veterinary professionals program activity.
(2) Periodic disclosure and joint review of the information as the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report, provided, however, that the committee shall not disclose any personally identifiable information except as provided in this article.
(e) Any veterinary professional licensed in Alabama who shall be duly appointed to serve as a member of the Alabama Veterinary Professionals Wellness Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this article, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, shall, in the performance and operation thereof, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or state or county veterinary medical association that contracts with or receives funds from the State Board of Veterinary Medical Examiners for the creation, support, and operation of the Alabama Veterinary Professionals Wellness Committee shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(f) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the Alabama Veterinary Professionals Wellness Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other proceedings of such committee are declared to be privileged and confidential. All records and proceedings of the committee pertaining to the impaired veterinary professional shall be confidential and shall be used by the committee and the members thereof only in the exercise of the proper function of the committee and shall not be public records nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired veterinary professional, any and all records pertaining to the conduct determined to cause the breach of contract will be disclosed to the regulatory board upon its request for disciplinary purposes only. Nothing contained herein shall apply to records made in the regular course of business of a veterinary professional and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Veterinary Professionals Wellness Committee.
(g) The Alabama Veterinary Professionals Wellness Committee shall render an annual report to the State Board of Veterinary Medical Examiners concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any veterinary professional who in the opinion of the committee is unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition when it appears that the veterinary professional is currently in need of intervention, treatment, or rehabilitation and the veterinary professional has failed or refused to participate in programs of treatment or rehabilitation recommended by the committee. A report to the Alabama Veterinary Professionals Wellness Committee shall be deemed to be a report to the Board of Veterinary Medical Examiners for the purposes of any mandated reporting of veterinary professional impairment otherwise provided for by law.
(h) If the Board of Veterinary Medical Examiners has reasonable cause to believe that a veterinary professional is impaired, the board may cause an evaluation of the veterinary professional to be conducted by the Alabama Veterinary Professionals Wellness Committee for the purpose of determining if there is an impairment. The Alabama Veterinary Professionals Wellness Committee shall report the findings of its evaluation to the Board of Veterinary Medical Examiners.
(Act 2000-453, p. 815, § 2.)
Article 6. Euthanasia of Animals.
§ 34-29-130. Permit to purchase, possess, and use certain agents for euthanizing animals.
(a) The State Board of Veterinary Medical Examiners, hereinafter called the board, shall adopt rules providing for the issuance of permits authorizing the purchase, possession, and use of sodium pentobarbital, sodium pentobarbital with lidocaine, or other similar agents at facilities approved by the board that are operated for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats, or federally licensed wildlife rehabilitation centers, for the purpose of euthanizing injured, sick, or abandoned animals which are in their lawful possession. The rules shall set forth guidelines for the proper storage and handling of the substances and other provisions as may be necessary to ensure that these drugs are used solely for the purpose set forth in this section. The rules shall also provide for an application or inspection fee and an annual renewal fee.
(b) Any facility approved by the board that operates for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats, or a federally licensed wildlife rehabilitation center may apply to the board for a permit to purchase, possess, and use sodium pentobarbital and sodium pentobarbital with lidocaine pursuant to subsection (a). Upon certification by the board that the applicant meets the qualifications set forth in the rules, a permit shall be issued.
(c) The board may revoke or suspend the permit upon a determination that the permittee is using the scheduled substances for any purpose other than that set forth in this section or if the permittee fails to follow the rules of the board regarding proper storage and handling of the substance.
(Act 2004-523, p. 1067, § 1.)
(a) The board shall provide by rule that sodium pentobarbital, a sodium pentobarbital derivative, or other authorized injectable agents that act on the central nervous system shall be the only means of euthanasia of dogs and cats at facilities approved by the board that are operated for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats.
(b) The board shall promulgate rules providing for the use of carbon monoxide, CO, and inhalant anesthetics as an acceptable alternative to the injectable agents for individual animals or mass euthanasia in small animals other than dogs or cats. Rules shall include provisions for the type of chamber and gas used, training and inspection requirements, humane comfort of the animals, and safety precautions for personnel.
(c) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a facility approved by the board that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a euthanasia technician certification course. The curriculum for the course shall be approved by the board and shall include, at a minimum, all of the following:
(1) The pharmacology, proper administration, and storage of euthanasia solutions.
(2) Federal and state laws regulating the storage and accountability of scheduled drugs.
(3) OSHA Safety and Material Safety Data Sheet Regulations.
(4) Euthanasia stress management.
(5) Proper disposal of euthanized animals.
(d) Notwithstanding the foregoing, a licensed veterinary technician, in accordance with Section 34-29-94, and regulations adopted pursuant thereto, who is an employee or agent of a licensed veterinarian or animal shelter as defined in Section 34-29-130, may perform euthanasia without completing the certification course required by subsection (c).
(e) By January 31, 2012, any animal shelters operated for the collection and care of stray, neglected, abandoned, or unwanted animals, which operated a gas chamber prior to that date shall have dismantled and removed its gas chamber and shall provide documentation to that effect to the board.
CREDIT(S)
(Act 2004-523, p. 1067, § 2; Act 2011-626, § 2.)
§ 34-29-132. Euthanasia in emergency situation.
Whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, or an agent or designee of a local animal control unit may humanely destroy the animal, as provided herein.
(1) Whenever any domestic animal is so injured or diseased as to appear useless and is in a suffering condition, and it reasonably appears to any officer that the animal is imminently near death and cannot be cured or rendered fit for service, and the officer has made a reasonable and concerted, but unsuccessful, effort to locate the owner, the owner's agent, or a veterinarian, then the officer, acting in good faith and upon reasonable belief, may immediately destroy the animal by shooting the animal or injecting the animal with a barbiturate drug. If the officer locates the owner or the owner's agent, the officer shall notify the owner or the owner's agent of the animal's location and condition. If the officer locates only a veterinarian, the officer shall destroy the animal only upon the advice and recommendation of the veterinarian.
(2) In the absence of negligence, wantonness, or willful conduct, no officer or veterinarian acting in good faith and with due care pursuant to this article may be held liable either criminally or civilly for euthanizing an animal, nor shall any civil or criminal liability attach to the employer of the officer or veterinarian.
(3) A court order shall not be necessary to carry out the provisions of this section.
(Act 2004-523, p. 1067, § 3.)
§ 34-29-133. Animals not to be left unattended until death; disposal of body upon confirmation of death.
No animal may be left unattended between the time euthanasia procedures are first begun and the time that death occurs, nor may the body of the animal be disposed of until death has been confirmed by a euthanasia technician or other qualified person as defined by this chapter.
(Act 2004-523, p. 1067, § 4.)
§ 34-29-134. Violations of article.
(a) The Attorney General may bring action to enjoin any violation of this article.
(b) Any person who violates this article shall be guilty of a Class B misdemeanor and upon conviction shall be punished as provided by law.
(Act 2004-523, p. 1067, §§ 5, 6.)
§ 34-29-135. Relation to Section 34-29-94.
Notwithstanding the provisions of Section 34-29-94, this article shall prevail in all cases in which there is a direct conflict.
(Act 2004-523, p. 1067, § 9.)