[Note: this chapter reflects §§ 12-64-101 to 12-64-105, repealed and relocated by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019].
§ 12-315-101. Short title
§ 12-315-102. Legislative declaration
§ 12-315-103. Applicability of common provisions
§ 12-315-104. Definitions
§ 12-315-105. License requirements and exceptions--definitions--rules
§ 12-315-106. Board of veterinary medicine--creation--powers--rules
§ 12-315-107. Application for license--qualifications--rules
§ 12-315-108. Academic license
§ 12-315-109. License by endorsement
§ 12-315-110. License renewal--waiver--rules--continuing education
§ 12-315-111. Inactive license
§ 12-315-112. Discipline of licensees
§ 12-315-113. Hearing procedure--judicial review
§ 12-315-114. Unauthorized practice--penalties
§ 12-315-115. Abandonment of animals--definition
§ 12-315-116. Veterinary students and veterinary student preceptors
§ 12-315-117. Emergency care or treatment
§ 12-315-118. Repeal of article--subject to review
§ 12-315-119. Veterinary records in custody of animal care providers--definition--rules
§ 12-315-120. Reporting requirements--immunity for reporting--veterinary-patient-client privilege inapplicable
§ 12-315-121. Corporate structure for the practice of veterinary medicine--definitions
§ 12-315-122. Veterinary premises--licensed veterinarian responsible for veterinary medical decisions
§ 12-315-123. Veterinarian peer health assistance program--fees--administration--rules
§ 12-315-124. Evaluations of licensees--behavioral health--mental health--physical conditions
§ 12-315-125. Confidential agreement to limit practice
§ 12-315-126. Prescriptions--limitations
§ 12-315-201. Additional board duties--rules--repeal
§ 12-315-202. Registration required--rules
§ 12-315-203. Application for veterinary technician registration--qualifications--provisional registration--fee--rules--repeal
§ 12-315-204. Use of title restricted
§ 12-315-205. Veterinary technicians--registration by endorsement
§ 12-315-206. Expiration, renewal, reinstatement, or reactivation of a registration--inactive status--rules--definition
§ 12-315-207. Discipline of a registered veterinary technician--repeal
§ 12-315-208. Examination of registrants--behavioral health--mental health--physical conditions
§ 12-315-209. Duties of licensed veterinarian--direction and supervision of veterinary technician--rules
§ 12-315-210. Unauthorized practice--penalties
§ 12-315-101. Short title
The short title of this article 315 is the “Colorado Veterinary Practice Act”.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-102. Legislative declaration
This article 315 is enacted as an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine. It is hereby declared that the practice of veterinary medicine is a privilege conferred upon persons possessed of the personal and professional qualifications specified in this article 315.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-103. Applicability of common provisions
Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 315.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
As used in this article 315, unless the context otherwise requires:
(1) “Animal” means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.
(1.5) “Animal shelter” has the meaning set forth in section 35-80-102.
(2) “Artificial insemination” means the collection of semen and the fertilization of, or attempted fertilization of, the ova of the female animal by placing or implanting, by artificial means, in the genital tract of the female animal the semen obtained from the male animal that will subsequently be used, or attempted to be used, to impregnate the female.
(3) “Board” means the state board of veterinary medicine created in section 12-315-106.
(4) “Client” means the patient's owner, the owner's agent, or a person responsible for the patient.
(5) “Complainant” means the board or any other person who initiates a proceeding.
(6) “Direct supervision” means the supervising licensed veterinarian is readily available on the premises where the patient is being treated.
(7) “Dispense” means to provide a drug or device, other than by distribution, bearing a label stating the name of the veterinarian, the date dispensed, directions for use, all cautionary statements, withdrawal time, if appropriate, the identity of the animal, and the owner's name.
(8) “Distribute” or “distribution” means to provide a drug or device in the manufacturer's original package to the client-patient.
(9) “Hearing” means any proceeding initiated before the board in which the legal rights, duties, privileges, or immunities of a specific party or parties are determined.
(10) “Immediate supervision” means the supervising licensed veterinarian and any person being supervised are in direct contact with the patient.
(10.5) “Indirect supervision” means supervision in which the supervising licensed veterinarian directs or supervises the authorized delegated treatment or collection of diagnostic information of a patient at veterinary premises without being on the premises but being readily available for communication.
(11) “Licensed veterinarian” means a person licensed pursuant to this part 1.
(12) “Ova transplantation” means a technique by which fertilized embryos are collected from a donor female and transferred to a recipient female that serves as a surrogate mother for the remainder of the pregnancy.
(13) “Patient” means an animal that is examined or treated by a licensed veterinarian and includes herds, flocks, litters, and other groups of animals.
(14) “Practice of veterinary medicine” means any of the following:
(a) The diagnosing, treating, correcting, changing, relieving, or preventing of animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for artificial insemination, for ova transplantation, for testing for pregnancy, or for correcting sterility or infertility or to render advice or recommendation with regard thereto;
(b) The representation, directly or indirectly, publicly or privately, of an ability and willingness to do an act described in subsection (14)(a) of this section;
(c) The use of any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that a person using them is qualified to do any act described in subsection (14)(a) of this section;
(d) The application of principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control, and disaster medicine as applied to an act described in subsection (14)(a) of this section.
(15) “Rule” means any regulation, standard, or statement of policy adopted by the board to implement, interpret, or clarify the law that it enforces and administers and that governs its duties, functions, organization, and procedure.
(16) “School of veterinary medicine” means any veterinary school or department of a legally organized college or university whose course of study in the art and science of veterinary medicine has been approved by the board.
(17) “Unprofessional or unethical conduct” includes, but is not limited to, conduct of a character likely to deceive or defraud the public; false or misleading advertising; obtaining any fee or compensation by fraud or misrepresentation; sharing office space with any person illegally practicing veterinary medicine; employing either indirectly or directly any unlicensed person to practice veterinary medicine or to render any veterinary services except as provided in this article 315; or the violation of any rules adopted by the board that provide a code of professional ethics to be followed and carried out by persons licensed under this article 315.
(18) “Veterinarian” means a person who has received a doctor's degree in veterinary medicine, or its equivalent, from a school of veterinary medicine.
(19) “Veterinarian-client-patient relationship” means that relationship established when:
(a) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the owner or other caretaker has agreed to follow the instruction of the veterinarian;
(b) There is sufficient knowledge of an animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and
(c) The practicing veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen.
(20) “Veterinary medicine” includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of animal medicine.
(21) “Veterinary premises” or “premises” means a veterinary office, hospital, clinic, or temporary location where veterinary medicine is being practiced by or under the direction and supervision of a licensed veterinarian.
(21.5) “Veterinary professional” means a veterinarian licensed pursuant to this part 1 and a veterinary technician registered pursuant to part 2 of this article 315.
(22) “Veterinary student” is a veterinary medical student who is enrolled in a school of veterinary medicine.
(23) “Veterinary student preceptor” is a veterinary medical student enrolled in a preceptor program in a school of veterinary medicine.
(24) “Veterinary technician” means a veterinary technician registered pursuant to part 2 of this article 315.
(25) “Veterinary technician credentialing organization” or “credentialing organization” means:
(a) A veterinary technician credentialing organization approved by the board pursuant to section 12-315-201 to credential veterinary technicians in this state; or
(b) The board if, pursuant to section 12-315-201(2), no credentialing organization is approved.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 8, eff. Aug. 10, 2022.
§ 12-315-105. License requirements and exceptions--definitions--rules
(1) A person shall not practice veterinary medicine in this state if the person is not a licensed veterinarian. A person shall not practice artificial insemination or ova transplantation of cattle or other animal species in this state except in accordance with section 12-315-106(5)(c). This article 315 does not prohibit:
(a) An employee of the federal, state, or local government from performing the employee's official duties;
(b) A person who is a veterinary student or veterinary student preceptor in an approved school of veterinary medicine from performing duties or actions as described in section 12-315-116;
(c) A person from advising with respect to, or performing acts that are, accepted livestock management practices;
(d) A veterinarian regularly licensed in another state from consulting with a licensed veterinarian in this state;
(e) Any merchant or manufacturer from selling, at the person's regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases;
(f)(I) Except as provided in subsection (1)(f)(II) of this section and subject to subsection (2) of this section, the owner of an animal and the owner's employees from caring for and treating the animal belonging to the owner.
(II) Subsection (1)(f)(I) of this section does not apply in cases where the ownership of the animal was transferred for purposes of circumventing this article 315 or where the primary reason for hiring the employee is to circumvent this article 315.
(g) A person from lecturing or giving instructions or demonstrations at a school of veterinary medicine or in connection with a continuing education course or seminar for veterinarians;
(h) Any person from selling or applying any pesticide, insecticide, or herbicide;
(i) Any person from engaging in bona fide scientific research that reasonably requires experimentation involving animals or commercial production of biologics or animal medicines;
(j) Any person from performing duties other than diagnosis, prescription, surgery, or initiating treatment under the direction and supervision of a licensed veterinarian who shall be responsible for the person's performance;
(k) Repealed by Laws 2022, Ch. 442 (H.B. 22-1235), § 9, eff. Aug. 10, 2022.
(l) Any person otherwise appropriately licensed or approved by the state from performing the functions described in section 12-315-104(14)(d);
(m) Any person from performing massage on an animal in accordance with section 12-235-110(1)(f);
(n) The practice of animal chiropractic pursuant to section 12-215-127;
(o) The practice of animal physical therapy pursuant to section 12-285-116(4);
(p) Any person from assisting in a surgical procedure under the immediate supervision of a licensed veterinarian, who is responsible for the person's performance.
(q)(I)(A) A person from administering a rabies vaccine to an animal if the person is under the direct supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events; or
(B) A person working on behalf of an animal shelter from administering a rabies vaccine to animal shelter-owned animals if the person is under the indirect supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events.
(II) The veterinarian signing the rabies vaccination certificate shall ensure that the person who administered the vaccine pursuant to this subsection (1)(q) is identified on the certificate.
(2)(a) Notwithstanding subsection (1)(f) of this section and except as permitted by subsection (1)(j) of this section, a person who is not a licensed veterinarian shall not administer, distribute, dispense, or prescribe prescription drugs. Except as provided in subsection (2)(b) of this section, a licensed veterinarian must have a veterinarian-client-patient relationship with the animal and its owner or other caretaker in order to administer, distribute, dispense, or prescribe prescription drugs to or for an animal.
(b)(I) In an emergency situation where a licensed veterinarian who has a veterinarian-client-patient relationship prescribes a prescription drug that the licensed veterinarian does not have in stock and is not available at a local pharmacy, another licensed veterinarian who does not have a veterinarian-client-patient relationship with the animal and owner or other caretaker may administer, distribute, or dispense the prescription drug to the animal based on the examining veterinarian's expertise and veterinarian-client-patient relationship.
(II) The board shall adopt rules defining what constitutes an emergency situation under which this subsection (2)(b) would apply, including a requirement that failure to administer, distribute, or dispense the prescription drug threatens the health and well-being of the animal and requiring detailed records documenting the emergency circumstances that include at least the following:
(A) A requirement that the examining veterinarian with the veterinarian-client-patient relationship document the emergency and the immediate need for the prescription drug;
(B) A requirement that the examining veterinarian with the veterinarian-client-patient relationship document the veterinarian's efforts to obtain the prescription drug from a local pharmacy, including documentation of contact with at least one pharmacy in the general proximity of the examination location that does not have the prescription drug immediately available; and
(C) A requirement that the licensed veterinarian who administers, distributes, or dispenses the prescription drug document the date the prescription is administered, distributed, or dispensed.
(III) A veterinarian who administers, distributes, dispenses, or prescribes a prescription drug in accordance with this subsection (2)(b) is not subject to discipline pursuant to section 12-315-112(1)(y) if the veterinarian satisfies the requirements of this subsection (2)(b) and the rules adopted by the board.
(3) If a veterinarian complies with the requirements of section 12-280-121, the veterinarian may maintain an office stock of compounded drugs. As used in this subsection (3), “office stock” has the same meaning as set forth in section 12-280-121(5)(b).
(4)(a) As used in this subsection (4), unless the context otherwise requires:
(I) “Cat” means a small, domesticated feline animal that is kept as a pet. “Cat” does not include a nondomesticated wild animal.
(II) “Dog” means any canine animal owned for domestic, companionship, service, therapeutic, or assistance purposes.
(III) “Emergency medical service provider” means an emergency medical service provider who is certified or licensed by the department of public health and environment, created under section 25-1-102.
(IV) “Employer” means an entity or organization that employs or enlists the services of an emergency medical service provider, regardless of whether the provider is paid or is a volunteer. The employer may be a public, private, for-profit, or nonprofit organization or entity; or a special district.
(V) “Preveterinary emergency care” means the immediate medical stabilization of a dog or cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. “Preveterinary emergency care” does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat unless a person's life could be in danger attempting to save the life of a dog or cat.
(b) Notwithstanding any other provision of law, an emergency medical service provider may provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. The provision of preveterinary emergency care to dogs and cats by emergency medical service providers in accordance with this subsection (4)(b) is not a violation of this article 315. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.
(c) Notwithstanding any other provision of law, nothing in subsection (4)(b) of this section imposes upon an emergency medical service provider any obligation to provide care to a dog or cat or to provide care to a dog or cat before a person.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 9, eff. Aug. 10, 2022.
§ 12-315-106. Board of veterinary medicine--creation--powers--rules
(1) There is hereby created a state board of veterinary medicine consisting of nine members appointed by the governor. Each member shall be appointed for a term of four years. The governor shall appoint members of the board from qualified persons as described in subsection (2) of this section. The governor shall appoint members to fill vacancies on the board caused by death, resignation, or removal for the balance of the unexpired term. A person shall not serve more than two consecutive four-year terms. A person appointed to serve out the balance of an unexpired term may be reappointed for an additional consecutive four-year term. Members of the board may remain on the board until a successor is appointed.
(1.5) The state board of veterinary medicine is a type 1 entity, as defined in section 24-1-105.
(2) The governor shall appoint:
(a) Five members to the board who:
(I) Are graduates of a school of veterinary medicine;
(II) Are residents of this state; and
(III) Have been licensed to practice veterinary medicine in this state for the five years preceding the time of the appointment;
(b) Not later than March 1, 2023, two members to the board who are residents of this state and who, for at least five years immediately preceding the time of appointment:
(I) Have been certified by a Colorado association of veterinary technicians; and
(II) Have been practicing as veterinary technicians in this state; and
(c) Two members to the board from the public at large who have no financial or professional association with the veterinary profession.
(3) The governor may remove a member of the board for misconduct, incompetence, or neglect of duty or other sufficient cause.
(4) The board shall meet at least once each quarter during the year at a time and place fixed by the board. Other meetings may be called from time to time by the president of the board. Except as otherwise provided, a majority of the board constitutes a quorum. Meetings shall be conducted as provided in article 6 of title 24.
(5) The board has the power to:
(a) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine or for registration as a veterinary technician in this state;
(b) Pursuant to section 12-20-404, issue, renew, deny, suspend, or revoke licenses to practice veterinary medicine or registrations of veterinary technicians in the state or otherwise discipline or fine, or both, licensees or registrants consistent with this article 315 and the rules adopted by the board under this article 315;
(c) Regulate artificial insemination and ova transplantation of cattle or other animal species by establishing rules for standards of practice, including rules relating to methods and procedures for safe artificial insemination and ova transplantation;
(d) Establish, pursuant to section 12-20-105, and publish annually a schedule of fees for licensing and registration of veterinarians and veterinary technicians. The board shall base the fee on its anticipated financial requirements for the year.
(e) Conduct disciplinary proceedings in accordance with section 12-20-403;
(f) Bring proceedings in the courts for the enforcement of this article 315 or any rules made by the board;
(g) Adopt, amend, or repeal rules in accordance with section 12-20-204. The board shall adopt rules to establish a uniform system and schedule of fines that it may impose on licensees or registrants for violations of this article 315 or of rules adopted pursuant to this article 315.
(h) Issue a cease-and-desist order in accordance with section 12-20-405;
(i) Impose fines against corporations in accordance with section 12-315-122(2).
(6) The board may, at any time, inspect veterinary premises to assure that they are clean and sanitary.
(7) The powers of the board are granted to enable the board to effectively supervise the practice of veterinary medicine and of veterinary technicians and are to be construed liberally to accomplish this objective.
(8) The board shall consult with the state physical therapy board created in section 12-285-105 concerning rules that the board intends to adopt with regard to physical therapy of animals.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 10, eff. Aug. 10, 2022; Laws 2022, Ch. 469 (S.B. 22-162), § 138, eff. Aug. 10, 2022.
§ 12-315-107. Application for license--qualifications--rules
(1) Any person twenty-one years of age or older desiring a license to practice veterinary medicine in this state shall apply for the license in a manner approved by the board.
(2) In the application for licensure, the applicant shall demonstrate that the applicant has:
(a)(I) Graduated from an accredited school of veterinary medicine; or
(II) Graduated from a nonaccredited school of veterinary medicine and received a certificate from a national program approved by the board that assesses educational equivalency of graduates from nonaccredited schools of veterinary medicine; and
(b) Passed an examination approved by the board by rule.
(3) The board may deny a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:
(a) Does not possess the qualifications required by this part 1;
(b) Has engaged in conduct that constitutes grounds for discipline pursuant to section 12-315-112(1);
(c) Has been disciplined in another state or jurisdiction with respect to the applicant's license to practice veterinary medicine in that state or jurisdiction; or
(d) Has not actively practiced veterinary medicine for the two-year period immediately preceding the date of receipt of the application or has not otherwise maintained continued competence, as determined by the board.
(4) If the board denies a license to an applicant or grants a license subject to terms of probation, the applicant may seek review of the board's decision pursuant to section 24-4-104(9); except that, by accepting a license that is subject to probationary terms, the applicant waives any remedies available pursuant to section 24-4-104(9).
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 11, eff. Aug. 10, 2022.
§ 12-315-108. Academic license
(1) A veterinarian who is employed at a school of veterinary medicine in this state and who practices veterinary medicine in the course of the veterinarian's employment responsibilities shall either apply, in a manner approved by the board, for an academic license in accordance with this section or shall otherwise become licensed pursuant to sections 12-315-107 and 12-315-109.
(2) A person who applies for an academic license shall submit proof to the board that the person:
(a) Graduated from a school of veterinary medicine located in the United States or another country; and
(b) Is employed by an accredited school of veterinary medicine in this state.
(3) An applicant for an academic license shall not be required to comply with the requirements of sections 12-315-107 and 12-315-109.
(4) An academic license shall authorize the licensee to practice veterinary medicine only while engaged in the performance of the licensee's official duties as a university employee. An academic licensee may not use an academic license to practice veterinary medicine outside of the licensee's academic responsibilities.
(5) In addition to the requirements of this section, an applicant for an academic license shall complete all procedures for academic licensing established by the board to become licensed.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-109. License by endorsement
The board may issue a license by endorsement to engage in the practice of veterinary medicine in this state to an applicant who satisfies the requirements of the occupational credential portability program.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2020, Ch. 126 (H.B. 20-1326), § 46, eff. June 25, 2020.
§ 12-315-110. License renewal--waiver--rules--continuing education
(1) All licenses issued pursuant to this part 1 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202(1) and (2). A person whose license expires is subject to the penalties provided in this part 1 or section 12-20-202(1).
(2) The board, by rule, may waive a licensed veterinarian's renewal fee while the licensee is on active duty with any branch of the armed services of the United States. The period during which the renewal fee is waived cannot exceed the longer of three years or the duration of a national emergency.
(3)(a)(I) In order to obtain license renewal, each licensee, except as otherwise provided, must complete a board-approved veterinary continuing educational program of at least thirty-two hours biennially. The courses may be taken at any time during the period since the license was last renewed and before the license is due to be renewed. The licensee shall provide satisfactory proof of the completion of all delinquent continuing education requirements. For good cause, the board may prescribe the type and character of continuing education courses to be taken by any doctor of veterinary medicine in order to comply with the requirements of this part 1.
(II) The board-approved continuing educational program must:
(A) Require two hours of jurisprudence on the “Colorado Veterinary Practice Act” biennially; and
(B) Permit a licensee to take up to sixteen hours of continuing education courses in nonbiomedical topics, which topics may include client communication, management, leadership, and other topics that support veterinary practice and a highly functional veterinary workforce.
(b) The board shall have the authority to excuse licensees, as groups or individuals, from biennially continuing educational requirements for a good and sufficient reason.
(c) The board may employ qualified personnel to aid in the implementation of this section.
(4) On and after July 1, 2024, as a condition of renewal of a license, each veterinarian shall attest that the veterinarian is in compliance with section 12-280-403(2)(a) and that the veterinarian is aware of the penalties for noncompliance with that section.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 397 (H.B. 22-1115), § 8, eff. Aug. 10, 2022; Laws 2022, Ch. 442 (H.B. 22-1235), § 12, eff. Aug. 10, 2022.
§ 12-315-111. Inactive license
(1) Upon notice to the board, a person licensed to practice veterinary medicine shall have the person's license transferred to inactive status. If a person whose license is in inactive status wishes to resume the practice of veterinary medicine, the person shall apply to the board in a form and manner approved by the board and shall demonstrate, to the satisfaction of the board, continued competency to practice veterinary medicine. The board may approve the application and issue a license or may deny the application pursuant to section 12-315-107(3).
(2) The board may pursue disciplinary proceedings pursuant to section 12-315-112 against a veterinarian whose license is in inactive status pursuant to this section for conduct that violates this part 1 that the person engages in while in inactive status.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 13, eff. Aug. 10, 2022.
§ 12-315-112. Discipline of licensees
(1) Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in accordance with section 12-315-113. After a hearing, and by a concurrence of a majority of members, the board may take disciplinary or other action as authorized in section 12-20-404 against an applicant for a license or a licensed veterinarian for any of the following reasons:
(a) Violation of any provision of this article 315, an applicable provision of article 20 or 30 of this title 12, or any rule or order of the board;
(b) Violation of section 12-280-121 or any rules of the state board of pharmacy promulgated pursuant to that section;
(c) Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a license;
(d) Fraud, deception, misrepresentation, or dishonest or illegal practices in or connected with the practice of veterinary medicine;
(e) Misrepresentation in the inspection of food for human consumption;
(f) Fraudulent issuance or use of any health certificate, vaccination certificate, test chart, or blank form used in the practice of veterinary medicine to prevent the dissemination of animal disease, transportation of diseased animals, or the sale of inedible products of animal origin for human consumption;
(g) Fraud or dishonesty in the application or reporting of any test for disease in animals;
(h) Failure to keep veterinary premises and equipment in a clean and sanitary condition;
(i) Refusal to permit the board to inspect veterinary premises during business hours;
(j) Use of advertising or solicitation that is false or misleading;
(k) Incompetence, negligence, or other malpractice in the practice of veterinary medicine;
(l) Unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine that are in violation of generally accepted standards of veterinary practice as defined in this article 315 or prescribed by the rules of the board;
(m) Willful making of any false statement as to any material matter in any oath or affidavit that is required by this article 315;
(n) Conviction of a charge of cruelty to animals;
(o) Conviction of a violation of the “Uniform Controlled Substances Act of 2013”, article 18 of title 18, the federal “Controlled Substances Act”, 21 U.S.C. sec. 801 et seq., as amended, or the federal
“Controlled Substances Import and Export Act”, 21 U.S.C. sec. 951 et seq., as amended, or any of them;
(p) Conviction of a crime in the courts of this state or of a crime in any other state, any territory, or any other country for an offense related to the conduct regulated by this part 1, regardless of whether the sentence is deferred. As used in this subsection (1)(p), “conviction” includes a plea of guilty or a plea of nolo contendere accepted by the court.
(q) Conviction upon charges that involve the unlawful practice of veterinary medicine, and, based upon a record of the conviction, without any other testimony, the board may take temporary disciplinary action, even though an appeal for review by a higher court may be pending;
(r) Permitting another to use the licensee's license for the purpose of treating or offering to treat sick, injured, or afflicted animals;
(s) Practicing veterinary medicine under a false or assumed name, or impersonating another practitioner of a like, similar, or different name;
(t) Maintenance of a professional or business connection with any other person who continues to violate any of the provisions of this article 315 or rules of the board after ten days following receipt of the board's written request for termination of the connection;
(u) Habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102(5);
(v) A determination that the individual is mentally incompetent by a court of competent jurisdiction and the court has entered, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110(4) or 27-65-127, an order specifically finding that the mental incompetency is of such a degree that the individual is incapable of continuing to practice veterinary medicine;
(w) Engaging in the practice of veterinary medicine while in inactive status or while the person's license is expired;
(x) Failing to report a known violation of any of the provisions of this section;
(y) Administering, dispensing, distributing, or prescribing any prescription drug other than in the course of a veterinarian-client-patient relationship, except in accordance with section 12-315-105(2)(b);
(z) An act or omission that fails to meet generally accepted standards of veterinary practice;
(aa) Practicing or performing services beyond a licensee's scope of competence;
(bb) Engaging in any act prohibited in article 280 of this title 12;
(cc) Failure to respond to a complaint against the licensed veterinarian;
(dd) Failure to provide to the board an updated mailing address and other contact information as required by the board within thirty days after a change in the information;
(ee) Failure to properly supervise a veterinary student, a veterinary student preceptor, a veterinary technician, or other veterinary staff;
(ff) Failure to provide a written prescription to a wholesaler within three business days after issuing an oral prescription order, as required by section 12-280-120(3)(b);
(gg) Failure to comply with terms agreed to under a confidential agreement entered into under sections 12-30-108 and 12-315-125.
(2) The board may send a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404(4).
(3) The board may send a confidential letter of concern to the licensee under the circumstances specified in section 12-20-404(5).
(4) The record of conviction of a felony in a court of competent jurisdiction shall be sufficient evidence for the disciplinary action to be taken as may be deemed proper by the board. For the purposes of this part 1, a conviction shall be deemed to be a conviction that has been upheld by the highest appellate court having jurisdiction or a conviction upon which the time for filing an appeal has passed.
(5) With respect to denying the issuance of a veterinary license or to taking disciplinary action against a veterinarian, the board may accept as prima facie evidence of grounds for the action any federal or state action taken against a veterinarian from another jurisdiction if the violation that prompted the disciplinary action in the jurisdiction would constitute grounds for disciplinary action under this section.
(6) In addition to any other penalty that may be imposed pursuant to this section, any person violating this part 1 or any rules promulgated pursuant to this part 1 may be fined not less than one hundred dollars nor more than one thousand dollars for any such violation.
(7) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; except that the board may also issue a cease-and-desist order on its own motion.
(8) The board may suspend the license of a veterinarian who fails to comply with an order of the board issued in accordance with this section. The board may impose the license suspension until the licensee complies with the board's order.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 451 (H.B. 22-1256), § 13, eff. Aug. 10, 2022; Laws 2022, Ch. 442 (H.B. 22-1235), § 14, eff. Aug. 10, 2022.
§ 12-315-113. Hearing procedure--judicial review
Hearings shall be conducted in conformity with section 12-20-403 and article 4 of title 24. Section 12-20-408 governs judicial review of all final agency actions and orders.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-114. Unauthorized practice--penalties
(1) No person who practices veterinary medicine without a currently valid license may receive any compensation for services so rendered.
(2) Any person who practices or offers or attempts to practice veterinary medicine without an active license issued under this part 1 is subject to penalties pursuant to section 12-20-407(1)(a).
(3) The board or a citizen of this state may bring an action to enjoin a person from practicing veterinary medicine without a currently valid license. If the court finds that the person is violating, or is threatening to violate, this part 1, the court may enter an injunction restraining the person from the unlawful acts.
(4) The successful maintenance of an action based on any one of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 15, eff. Aug. 10, 2022.
§ 12-315-115. Abandonment of animals--definition
(1) An animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care that is unclaimed by its owner or the owner's agent for more than ten days after written notice, by certified mail, return receipt requested, is given to the addressee at the last-known address is deemed to be abandoned and may be turned over to the nearest animal shelter or disposed of in a manner deemed appropriate by the custodian.
(2) The giving of notice to the owner, or the agent of the owner, of the animal by the licensed veterinarian, as provided in subsection (1) of this section, shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal. The procedure by the licensed veterinarian shall not constitute grounds for disciplining procedure under this part 1.
(3) As used in this section, the term “abandoned” means to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or the owner's agent. Abandonment constitutes the relinquishment of all rights and claims by the owner to the animal.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 16, eff. Aug. 10, 2022.
§ 12-315-116. Veterinary students and veterinary student preceptors
(1) All duties or actions performed by a veterinary student or veterinary student preceptor must be assigned by the student's instructor or be performed under the direct supervision of a licensed veterinarian. If the student does not conform to the following requirements, the licensed veterinarian is in violation of this part 1. A veterinary student or veterinary student preceptor may:
(a) Administer drugs only under the direct supervision of a licensed veterinarian; and
(b) Perform surgery, only if the student is competent and has the necessary training and experience, under the direct supervision of a licensed veterinarian.
(2) It is unlawful for a veterinary student or veterinary student preceptor to participate in the operation of a branch office, clinic, veterinary premises, or allied establishment unless the veterinary student or veterinary student preceptor is under the direct supervision of a licensed veterinarian.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 17, eff. Aug. 10, 2022.
§ 12-315-117. Emergency care or treatment
A licensed veterinarian who in good faith administers emergency care or treatment, or euthanasia for humane reasons, to an animal, without compensation, either voluntarily or at the request of a state or local governmental officer or employee, is not liable for civil damages for good-faith acts in the administration of the care or treatment. This immunity does not apply in the event of a wanton or reckless disregard of the rights of the owner of the animal.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-118. Repeal of article--subject to review
This article 315 is repealed, effective September 1, 2033. Before the repeal, the board is scheduled for review in accordance with section 24-34-104.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 1, eff. Aug. 10, 2022.
§ 12-315-119. Veterinary records in custody of animal care providers--definition--rules
(1) As used in this section, unless the context otherwise requires, “animal care provider” means any veterinary practice or veterinary hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary care or treatment to animals.
(2) Animal care providers shall make available the veterinary records in their custody as follows:
(a) The owner of an animal or the owner's designated representative shall have reasonable access to the animal's records for inspection;
(b) The owner or the owner's designated representative may obtain a summary of the animal's records upon request, following termination of care or treatment; and
(c) Copies of veterinary records, including digital records, digital images, diagnostic quality X rays, CT SCANs, MRIs, or other films, shall be furnished to:
(I) The owner or the owner's designated representative upon payment of reasonable costs; and
(II) Local law enforcement authorities and the bureau of animal protection in the department of agriculture in connection with an investigation of animal cruelty pursuant to section 18-9-202 or animal fighting pursuant to section 18-9-204.
(3)(a) Records concerning an animal's care are available to the public unless a veterinary-patient-client privilege exists with respect to the animal, as provided in section 24-72-204(3)(a)(XIV).
(b)(I) All practicing veterinarians in this state shall maintain accurate records for every new or existing veterinarian-client-patient relationship. In the animal patient records, the licensed veterinarian shall justify and describe the assessment, diagnosis, and treatment administered or prescribed and all medications and dosages prescribed in a legible, written, printed, or electronically prepared document that is unalterable. The licensed veterinarian shall prepare the records in a manner that allows any subsequent evaluation of the same animal patient record to yield comprehensive medical, patient, and veterinarian identifying information. Licensed veterinarians shall maintain animal patient records for a minimum of three years after the animal patient's last medical examination.
(II) As part of the requirement in subsection (3)(b)(I) of this section for all practicing veterinarians in this state to maintain accurate records, each veterinarian shall create a written plan for the storage, security, and disposal of patient records to ensure that patient records are securely stored and disposed of when necessary.
(c) The board shall promulgate rules including, but not limited to, rules setting forth criteria by which animal patient records may be adapted in the case of herds, flocks, litters, large volume, or specialty veterinary practices and that identify exceptions to subsection (3)(a) of this section, if necessary, for veterinarians rendering emergency care or treatment.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 18, eff. Aug. 10, 2022.
§ 12-315-120. Reporting requirements--immunity for reporting--veterinary-patient-client privilege inapplicable
(1) A licensed veterinarian who, during the course of attending or treating an animal, has reasonable cause to know or suspect that the animal has been subjected to cruelty in violation of section 18-9-202, or subjected to animal fighting in violation of section 18-9-204, shall report or cause a report to be made of the animal cruelty or animal fighting to a local law enforcement agency or the bureau of animal protection.
(2) A licensed veterinarian shall not knowingly make a false report of animal cruelty or animal fighting to a local law enforcement agency or to the bureau of animal protection.
(3) A licensed veterinarian who willfully violates the provisions of subsection (1) or (2) of this section commits a petty offense, punishable as provided in section 18-1.3-503.
(4) A licensed veterinarian who in good faith reports a suspected incident of animal cruelty or animal fighting to the proper authorities in accordance with subsection (1) of this section shall be immune from liability in any civil or criminal action brought against the veterinarian for reporting the incident. In any civil or criminal proceeding in which the liability of a veterinarian for reporting an incident described in subsection (1) of this section is at issue, the good faith of the veterinarian shall be presumed.
(5) The veterinary-patient-client privilege described in section 24-72-204(3)(a)(XIV) may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2021, Ch. 462, § 153, eff. March 1, 2022.
§ 12-315-121. Corporate structure for the practice of veterinary medicine--definitions
(1) A licensed veterinarian shall not practice veterinary medicine in or through a corporation except in accordance with this section.
(2) One or more persons may form or own shares in a corporation for the practice of veterinary medicine if the corporation is organized and operated in accordance with this section. A corporation formed pursuant to this section may exercise the powers and privileges conferred upon corporations by the laws of Colorado.
(3) The practice of veterinary medicine by a corporation pursuant to this section must be performed by or under the supervision of a licensed veterinarian. Lay directors, officers, and shareholders of the corporation shall not exercise any authority whatsoever over the independent medical judgment of licensed veterinarians performing or supervising the practice of veterinary medicine by or on behalf of the corporation.
(4) The corporation shall not engage in any act or omission that, if engaged in by a licensed veterinarian employed by the corporation, would violate section 12-315-112(1). A violation of section 12-315-112(1) is grounds for the board to discipline a licensee pursuant to section 12-315-112.
(5) Nothing in this section diminishes or changes the obligation of each licensed veterinarian employed by the corporation to conduct the licensee's practice so as not to violate section 12-315-112(1). A licensed veterinarian who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-315-112(1) or any provision of this section is personally responsible for the act or omission and is subject to discipline for the act or omission.
(6) Nothing in this section modifies the veterinarian-patient-client privilege specified in section 24-72-204(3)(a)(XIV).
(7) As used in this section, unless the context otherwise requires:
(a) “Corporation” means a domestic entity, as defined in section 7-90-102(13), a foreign entity, as defined in section 7-90-102(23), registered to do business in Colorado, or a sole proprietorship.
(b) “Director” and “officer” of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.
(c) “Shareholder” includes a member of a limited liability company and a partner in a registered limited liability partnership.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-122. Veterinary premises--licensed veterinarian responsible for veterinary medical decisions
(1) At all times when a patient is present on a veterinary premises, a licensed veterinarian must be designated as responsible for the veterinary medical decisions and care provided to the patient.
(2) At all times when a patient is present on a veterinary premises, a licensed veterinarian must be designated as responsible for the premises. The board may fine a corporation organized and operated in accordance with section 12-315-121 that owns or operates a veterinary premises up to one thousand dollars per day for each day the corporation fails to have a licensed veterinarian designated as responsible for the veterinary premises.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-123. Veterinarian peer health assistance program--fees--administration--rules
(1) Veterinary peer health assistance program. (a) There is created the veterinary peer health assistance program to provide assistance to veterinary professionals needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice under this article 315. The board shall select one or more veterinary peer health assistance program designated providers. To be eligible for designation by the board, a provider must:
(I) Provide for the education of veterinary professionals with respect to the recognition and prevention of physical, emotional, and psychological conditions and provide for intervention when necessary or under circumstances established by the board by rule;
(II) Offer assistance to a veterinary professional in identifying physical, emotional, or psychological conditions;
(III) Evaluate the extent of the physical, emotional, or psychological condition and refer the veterinary professional for appropriate treatment;
(IV) Monitor the status of a veterinary professional referred for treatment;
(V) Provide counseling and support for the veterinary professional and for the family of any veterinary professional referred for treatment;
(VI) Agree to receive referrals from the board; and
(VII) Agree to make its services available to all regulated veterinary professionals in Colorado.
(b) Upon receipt of a signed complaint by a complainant, the board may require a veterinary professional to participate in the veterinary peer health assistance program and to enter into a stipulation with the board pursuant to section 12-20-405(3) before participating in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals is to be promptly reported to the board and that failure will result in disciplinary action by the board.
(c) Notwithstanding sections 12-315-112, 12-315-207, and 24-4-104, the board may immediately suspend the license or registration of any veterinary professional who is referred to the veterinary peer health assistance program. If the veterinary professional objects to the suspension, the veterinary professional may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the veterinary professional bears the burden of proving that the veterinary professional's license or registration should not be suspended.
(d) Any veterinary professional who is accepted into the veterinary peer health assistance program in lieu of disciplinary action by the board shall affirm that, to the best of the veterinary professional's knowledge, information, and belief, the veterinary professional knows of no instance in which the veterinary professional has violated this article 315 or the rules of the board, except in those instances affected by the veterinary professional's physical, emotional, or psychological condition.
(e) A veterinary professional who is arrested for a drug- or alcohol-related offense shall self-refer to the veterinary peer health assistance program within thirty days after the arrest for an evaluation and referral to appropriate treatment, if necessary. If the veterinary professional self-refers, the evaluation by the veterinary peer health assistance program is confidential and cannot be used as evidence in any proceeding other than a proceeding before the board. A veterinary professional's failure to comply with this subsection (1)(e), alone, is not grounds for discipline under section 12-315-112 or 12-315-207, unless the veterinary professional has also committed an act or omission specified in this article 315.
(f) As a condition of licensure or registration and renewal of a license or registration in this state, every veterinary professional applying for a new license or registration or to renew a license or registration shall pay to the board, for use by the administering entity selected by the board pursuant to subsection (2) of this section, a fee in an amount not to exceed forty dollars per year, which maximum amount may be adjusted on January 1, 2012, and annually thereafter by the board to reflect changes in the United States bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all urban consumers or goods, or its successor index. The board shall forward the fee to the chosen administering entity for use in supporting veterinary professionals through the veterinary peer health assistance program.
(2) Administering entity. (a) The board may select an entity to administer the veterinary peer health assistance program. The administering entity must be a nonprofit private foundation that is qualified under section 501(c)(3) of the federal “Internal Revenue Code of 1986”, as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to veterinary medicine, veterinary medical education, veterinary medical research and science, and other veterinary medical charitable purposes.
(b) The administering entity shall:
(I) Distribute the money collected by the board, less expenses, to the designated providers, as directed by the board;
(II) Provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and
(III) Post a surety performance bond in an amount specified by the board to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.
(c) The board shall collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all the payments to the administering entity. All required annual payments collected or due to the board for each state fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the distribution of payments to the administering entity or expenditure of the payments by the administering entity does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.
(3) Liability limitations. Nothing in this section creates any liability on the board or the state of Colorado for the actions of the board in making grants to the veterinary peer health assistance program, and a civil action shall not be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded veterinary peer health assistance program or the result of an act or omission of a veterinary professional participating in or referred by a state-funded veterinary peer health assistance program. However, the state remains liable under the “Colorado Governmental Immunity Act”, article 10 of title 24, if an injury alleged to have been the result of an act or omission of a veterinary professional participating in or referred to a state-funded veterinary peer health assistance program occurred while the veterinary professional was performing duties as an employee of the state.
(4) Rules. The board may promulgate rules necessary to implement this section.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Repealed and reenacted by Laws 2022, Ch. 442 (H.B. 22-1235), § 19, eff. Aug. 10, 2022.
§ 12-315-124. Evaluations of licensees--behavioral health--mental health--physical conditions
(1)(a)(I) If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a licensed veterinarian is unable to practice veterinary medicine with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the licensed veterinarian submit to an examination to evaluate:
(A) The existence and extent of the physical condition or the behavioral health, mental health, or substance use disorder; and
(B) Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the licensed veterinarian's ability to practice veterinary medicine with reasonable skill and safety to patients and clients.
(II) A qualified professional employed by or contracting with the veterinary peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.
(b) If a licensed veterinarian fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the licensed veterinarian's license to practice veterinary medicine until the licensed veterinarian submits to the examination; however, if the licensed veterinarian demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the licensed veterinarian's control, the board shall not suspend the licensed veterinarian's license.
(2) Every person licensed to practice veterinary medicine in this state is deemed, by practicing or applying for a renewal of the person's license, to have:
(a) Given consent to submit to an examination that the board may require under subsection (1) of this section; and
(b) Waived an objection to the admissibility of the examining professional's testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.
(3)(a) A person shall not use the results of an examination ordered under subsection (1) of this section as evidence in any proceeding other than a proceeding before the board.
(b) Except as provided in subsection (3)(a) of this section, any examination results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential. They are not public records and are not available to the public.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2022, Ch. 442 (H.B. 22-1235), § 20, eff. Aug. 10, 2022.
§ 12-315-125. Confidential agreement to limit practice
Section 12-30-108 concerning confidential agreements to limit practice applies to this article 315.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019.
§ 12-315-126. Prescriptions--limitations
A veterinarian is subject to the limitations on prescriptions specified in section 12-30-109.
Credits
Relocated and amended by Laws 2019, Ch. 136 (H.B. 19-1172), § 1, eff. Oct. 1, 2019. Amended by Laws 2021, (H.B. 21-1276), § 14, eff. July 1, 2021.
§ 12-315-201. Additional board duties--rules--repeal
(1) In addition to any other duties specified in this part 2 or section 12-315-106, the board shall:
(a) Approve a nationally recognized veterinary technician credentialing organization for purposes of credentialing veterinary technicians in this state. The credentialing organization approved by the board must:
(I) Require the completion of an American Veterinary Medical Association-accredited program for veterinary technicians;
(II) Require that an applicant pass a veterinary technician national examination approved by the board;
(III) Require continuing education for veterinary technicians; and
(IV)(A) Permit credentialing of provisional registrants who meet the work experience and testing requirements specified in section 12-315-203(4).
(B) This subsection (1)(a)(IV) is repealed, effective July 1, 2028.
(b) Receive complaints, conduct hearings in accordance with this part 2 and section 12-315-113, and take disciplinary or other actions pursuant to this part 2 and section 12-20-404.
(2) If the board does not approve a credentialing organization for purposes of credentialing veterinary technicians in this state pursuant to subsection (1)(a) of this section because there is no credentialing organization that meets the requirements set forth in subsections (1)(a)(I) to (1)(a)(IV) of this section or for any other reason, the board shall establish by rule and administer a credentialing process for veterinary technician registration pursuant to this part 2.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-202. Registration required--rules
Effective January 1, 2024, a person who practices as a veterinary technician in this state must be registered by the board pursuant to this part 2 and rules adopted by the board for the registration of veterinary technicians.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-203. Application for veterinary technician registration--qualifications--provisional registration--fee--rules--repeal
(1) A person who desires to practice as a veterinary technician in this state must file an application for registration with the board, along with the required application fee, in the manner determined by the board.
(2) To be qualified for registration, an applicant must:
(a) Be at least eighteen years of age; and
(b) Demonstrate to the board's satisfaction that the applicant has obtained and maintains in good standing credentialing as a veterinary technician from the veterinary technician credentialing organization.
(3) Commencing January 1, 2023, the board shall issue a registration to a qualified applicant who meets the requirements and qualifications of this section and board rules; except that the board may deny registration to an applicant who has committed an act that would be grounds for disciplinary action pursuant to section 12-315-207.
(4)(a) Notwithstanding subsection (2)(b) of this section, a person working in the role of a veterinary technician on and after January 1, 2023, who does not meet the requirements set forth in subsection (2)(b) of this section may file with the board an application for a provisional registration not later than January 1, 2024, along with the required application fee, in the manner determined by the board.
(b) A provisional registration issued pursuant to this subsection (4) may be renewed, as determined by the board by rule. The provisional registration expires the earlier of:
(I) The date on which the board issues a registration to an applicant pursuant to subsection (3) of this section;
(II) Twenty-eight days after the person has satisfied the requirements in subsection (4)(c)(I) or (4)(c)(II) of this section and is eligible to apply to the credentialing organization for credentialing in this state;
(III) The date on which the board denies the provisional registration renewal application; or
(IV) January 1, 2028.
(c) The credentialing organization shall accept as satisfaction of educational and testing requirements for credentialing a person holding a provisional registration in good standing who applies for credentialing not later than December 31, 2027, and who demonstrates to the credentialing organization's satisfaction that the provisional registrant has either:
(I) Obtained at least six thousand five hundred hours of work experience equivalent to the work performed by a veterinary technician and has passed a national veterinary technician examination approved by the board pursuant to section 12-315-201(1)(a)(II); or
(II) Has obtained at least nine thousand hours of work experience equivalent to the work performed by a veterinary technician.
(d) A person holding a provisional registration is subject to discipline pursuant to section 12-315-207.
(e) Notwithstanding any other provision in this subsection (4) to the contrary, the board may establish, by rule, a process for and conditions under which a provisional registrant may apply for a hardship extension to extend, to a date not later than June 30, 2028:
(I) The validity of a provisional registration;
(II) The time within which the provisional registrant may satisfy the education and testing requirements; or
(III) The date by which the provisional registrant must apply to the credentialing organization.
(f) This subsection (4) is repealed, effective October 1, 2028.
(5) The board shall make available on its website the requirements for credentialing by the credentialing organization, as well as information concerning the veterinary technician registration by endorsement under section 12-315-205 and the occupational credential portability program.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-204. Use of title restricted
On and after January 1, 2024, only a person who is registered pursuant to this part 2 may use the title “veterinary technician” or “registered veterinary technician” or the initials “VT” or “RVT”.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-205. Veterinary technicians--registration by endorsement
The board may issue a registration by endorsement to a veterinary technician applicant who satisfies the requirements of the occupational credential portability program.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-206. Expiration, renewal, reinstatement, or reactivation of a registration--inactive status--rules--definition
(1) A registration issued pursuant to this part 2 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202(1) and (2). A person whose registration expires is subject to the penalties provided in this part 2 or section 12-20-202(1).
(2) The board, by rule, may waive a veterinary technician's renewal fee while the veterinary technician is on active duty with any branch of the armed services of the United States. The period during which the renewal fee is waived cannot exceed the longer of three years or the duration of a national emergency.
(3) The board shall not renew, reinstate, or reactivate a registration issued pursuant to section 12-315-203(3) unless the veterinary technician demonstrates to the board's satisfaction that the veterinary technician maintains active credentialing with the credentialing organization. Subject to board rule, the evidence may be provided by an attestation on the registration application.
(4)(a) Upon notice to the board, the board shall transfer a veterinary technician's registration to inactive status. If a person whose registration is in inactive status wishes to resume practicing as a veterinary technician, the person shall apply to the board in a form and manner approved by the board and shall demonstrate, to the satisfaction of the board, that the person has obtained and maintains credentialing in good standing by the credentialing organization.
(b) The board may pursue disciplinary proceedings pursuant to section 12-315-207 against a veterinary technician whose registration is inactive pursuant to this subsection (4) for conduct that violates this part 2 that the person engages in while the registration is in inactive status.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-207. Discipline of a registered veterinary technician--repeal
(1) Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in accordance with section 12-315-113. After a hearing, and by a concurrence of a majority of members, the board may take disciplinary action as authorized in section 12-20-404 against an applicant for a registration or a registered veterinary technician for any of the following reasons:
(a) Violation of any provision of this article 315, an applicable provision of article 20 or 30 of this title 12, or any rule or order of the board;
(b)(I) Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a registration or renewing a registration;
(II)(A) Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a provisional registration or renewing a provisional registration.
(B) This subsection (1)(b)(II) is repealed, effective October 1, 2028.
(c) Conviction of a charge of cruelty to animals;
(d) Willfully making any false statement as to any material matter in any oath or affidavit that is required by this article 315;
(e) Unprofessional or unethical conduct or engaging in practices that are in violation of generally accepted standards for practice as a veterinary technician or prescribed by the rules of the board;
(f) The veterinary technician:
(I) Has a registration or credential as a veterinary technician in another state revoked or suspended;
(II) Is otherwise disciplined by another state; or
(III) Has committed acts in another state that would subject the person to disciplinary action in this state;
(g) Practicing as a veterinary technician while in inactive status or while the person's registration is expired;
(h) Failing to notify the board within thirty days after a disciplinary action, whether in this state or in another state, against the person's credential that allows the person to hold a registration in this state;
(i) Conviction of a violation of the “Uniform Controlled Substances Act of 2013”, article 18 of title 18; the federal “Controlled Substances Act”, 21 U.S.C. sec. 801 et seq., as amended; or the federal “Controlled Substances Import and Export Act”, 21 U.S.C. sec. 951 et seq., as amended;
(j) Conviction of a crime in the courts of this state or of a crime in any other state, any territory, or any other country for an offense related to the conduct regulated by this part 2, regardless of whether the sentence is deferred. As used in this subsection (1)(j), “conviction” includes a plea of guilty or a plea of nolo contendere accepted by the court.
(k) Habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102(5);
(l) A determination that the individual is mentally incompetent by a court of competent jurisdiction, and the court has entered, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110(4) or 27-65-127, an order specifically finding that the mental incompetency is of such a degree that the individual is incapable of continuing to hold a registration as a veterinary technician;
(m) Failing to report a known violation of any provision of this section;
(n) Practicing or performing services beyond a registrant's scope of competence;
(o) Failing to respond to a complaint against the registrant;
(p) Failing to provide to the board an updated mailing address and other contact information as required by the board within thirty days after a change in the information; or
(q) Failing to comply with the terms agreed to under a confidential agreement entered into under sections 12-30-108 and 12-315-125.
(2) The board may send a letter of admonition to a registrant under the circumstances specified in and in accordance with section 12-20-404(4).
(3) The board may send a confidential letter of concern to the registrant under the circumstances specified in section 12-20-404(5).
(4) The record of conviction of a felony in a court of competent jurisdiction is sufficient evidence for the board to take disciplinary action against the registrant as deemed proper by the board. For the purposes of this part 2, a conviction is deemed to be a conviction that has been upheld by the highest appellate court having jurisdiction or a conviction upon which the time for filing an appeal has passed.
(5) With respect to denying the issuance of a veterinary technician registration or taking disciplinary action against a veterinary technician, the board may accept as prima facie evidence of grounds for the action any federal or state action taken against a veterinary technician in another jurisdiction if the violation that prompted the disciplinary action in the jurisdiction would constitute grounds for disciplinary action under this section.
(6) In addition to any other penalty that may be imposed pursuant to this section, a person violating any provision of this part 2 or any rules promulgated pursuant to this part 2 may be fined not less than one hundred dollars nor more than one thousand dollars for any such violation.
(7) The board may issue cease-and-desist orders under the circumstances and in accordance with section 12-20-405; except that the board may also issue a cease-and-desist order on its own motion.
(8) The board may suspend the registration of a veterinary technician who fails to comply with an order of the board issued in accordance with this section. The board may impose the registration suspension until the registrant complies with the board's order.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-208. Examination of registrants--behavioral health--mental health--physical conditions
(1)(a)(I) If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician is unable to practice as a veterinary technician with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician submit to an examination to evaluate:
(A) The existence and extent of the physical condition or the behavioral health, mental health, or substance use disorder; and
(B) Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's ability to practice as a veterinary technician with reasonable skill and safety to patients and clients.
(II) A qualified professional employed by or contracting with a veterinary peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.
(b) If a veterinary technician fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's registration until the veterinary technician submits to the examination; however, if the veterinary technician demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's control, the board shall not suspend the veterinary technician's registration.
(2) Every veterinary technician in this state is deemed, by practicing as a veterinary technician or applying for a renewal of the person's registration, to have:
(a) Given consent to submit to an examination that the board may require under subsection (1)(a) of this section; and
(b) Waived an objection to the admissibility of the examining professional's testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.
(3)(a) A person shall not use the results of an examination ordered under subsection (1)(a) of this section as evidence in any proceeding other than a proceeding before the board.
(b) Except as provided in subsection (3)(a) of this section, any examination results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential, are not public records, and are not available to the public.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-209. Duties of licensed veterinarian--direction and supervision of veterinary technician--rules
(1) A veterinary technician is authorized to provide care to animals under the direction and supervision, as defined by the board by rule, of a licensed veterinarian who is responsible for the veterinary technician's performance. The licensed veterinarian directing and supervising the veterinary technician is responsible for the care of the animal.
(2) Nothing in this part 2 prohibits a person who is not a veterinary technician pursuant to this part 2 from performing tasks relating to animal care under the direction and supervision of a licensed veterinarian who is responsible for the care of the animal.
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.
§ 12-315-210. Unauthorized practice--penalties
A person who practices or offers or attempts to practice as a veterinary technician without an active registration issued under this part 2 is subject to penalties pursuant to section 12-20-407(1)(a).
Credits
Added by Laws 2022, Ch. 442 (H.B. 22-1235), § 21, eff. Aug. 10, 2022.