Chapter 471. Veterinary Medicine
§ 471-1 Definitions.
§ 471-2 License required.
[§ 471-2.5]. Veterinary telemedicine
§ 471-3 Board of examiners; appointment and removal; qualifications.
§ 471-4 , 471-5 . Repealed.
§ 471-6 Repealed.
§ 471-7 Power to investigate.
§ 471-8 Examinations; qualifications of applicants.
§ 471-9 Licenses.
[§ 471-9.5]. Courtesy permit
[§ 471-9.6]. Relief permit
[§ 471-9.7]. Sponsors; responsibilities
[§ 471-9.8]. Permit surcharge; fees
§ 471-10 Refusal to grant and revocation or suspension of license.
§ 471-11 Hearings.
§ 471-12 Repealed.
§ 471-13 Violations; penalties.
§ 471-14 Rules and regulations.
§ 471-15 Criminal penalties.
§ 471-16 Cumulative penalties.
[§ 471-17]. Exception to liability; emergency care; veterinarian-client-patient relationship
[§ 471-18]. Reporting; duty; dogfighting; animal cruelty; immunity from civil liability
[Chapter 472]. Veterinary Technology Practice
[§ 472-1]. Definitions
[§ 472-2]. Practice of veterinary technology; qualifications; registration required
[§ 472-3]. Veterinary technician qualifications
As used in this chapter:
“Animal” means any animal except human beings.
“Board” means the Hawaii board of veterinary medicine of the State.
“Client” means the animal patient's owner, owner's agent, or other person presenting the animal patient for care.
“Consultation” means when a veterinarian seeks and receives advice in person, telephonically, electronically, or by any other method of communication from another veterinarian or other person whose expertise, in the opinion of the veterinarian, would benefit an animal patient.
“Continuing education courses” means courses approved by the Hawaii board of veterinary medicine, the Hawaii Veterinary Medical Association, the American Association of Veterinary State Boards' Registry, or other board-approved organizations.
“Credit hour” means, except as otherwise provided, the value assigned to fifty minutes of instruction.
“Emergency response” means the response to a natural or human-caused disaster.
“Indirect supervision” means the veterinarian is not on the premises, but:
(1) Has given either written or oral instructions for treatment of the animal patient;
(2) Is readily available by telephone or other forms of immediate communication; and
(3) Has assumed responsibility for the veterinary care given to the animal patient by a person working under their sponsorship.
“Jurisdiction” means another state, the District of Columbia, or any territory of the United States, or any province of Canada.
“Patient” or “animal patient” means any animal or group of animals receiving veterinary care from a veterinarian.
“Practice of veterinary medicine” means the assessment, diagnosis, treatment, or prescribing for the prevention, cure, or relief of, or the giving of advice concerning, a disease, pain, injury, deformity, or other condition of an animal, or a change of a physical characteristic of an animal for cosmetic or utility purposes. “Practice of veterinary medicine” includes medical, surgical, and dental care of animals.
“Sponsor” means a veterinarian who requests the presence and medical assistance of an individual licensed to engage in the practice of veterinary medicine in another jurisdiction.
“Veterinarian” means a person duly licensed in the State to engage in the practice of veterinary medicine.
“Veterinarian-client-patient relationship” means a relationship that exists when:
(1) The veterinarian and client agree for the veterinarian to assume responsibility for making medical judgments regarding the health of the animal patient;
(2) The veterinarian has sufficient knowledge of the animal patient to initiate a general or preliminary diagnosis of the medical condition of the animal patient, which means that the veterinarian is personally acquainted with the keeping and care of the animal patient and has recently physically examined the animal patient or made timely and medically appropriate visits to the premises where the animal patient is kept;
(3) The veterinarian is readily available or provides for follow-up care and treatment in case of adverse reactions or failure of the therapy regimen; and
(4) The veterinarian maintains records that document animal patient visits, consultations, diagnosis and treatment, and other relevant information required under this chapter.
“Veterinarian-client-patient relationship” includes the provision of on-call or cross-coverage services by a veterinarian who has been designated by a veterinarian with an existing veterinarian-client-patient relationship and has access to relevant animal patient records.
“Veterinary teleadvice” means the provision of health information, opinion, guidance, or recommendations that are not specific to a particular animal through the use of electronic communication, including telephone and audio-visual technology.
“Veterinary telemedicine” means the practice of veterinary medicine subsequent to the establishment of a veterinarian-client-patient relationship where animal patient care, treatment, and services are provided through the use of electronic communication, including telephone and audio-visual technology, consistent with the veterinarian's professional judgment.
“Veterinary telesupervision” means the remote supervision of a veterinary assistant, veterinary technician, or other employee of a veterinarian who administers medication or who renders auxiliary or supporting assistance under the responsible supervision of a veterinarian.
“Veterinary teletriage” means using electronic communication with a client, including through a poison control agency, to provide a timely assessment and decision as to whether to immediately refer an animal patient to a veterinarian for emergency or urgent care.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-1; H.R.S. § 471-1; Laws 2012, ch. 306, § 2, eff. July 9, 2012; Laws 2018, ch. 203, § 8, eff. July 1, 2018; Laws 2022, ch. 71, § 2, eff. June 17, 2022.
(a) No person shall engage in the practice of veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters “Dr.” or affix any other letters to the person's name with the intent thereby to imply that the person is a practitioner of veterinary medicine, without having a valid unrevoked license obtained from the Hawaii board of veterinary medicine; provided that nothing in this chapter prevents or prohibits the following:
(1) Any person from gratuitously treating animals in case of emergency;
(2) The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner; provided that a person who is not licensed under this chapter shall not perform any surgical procedure on a pet animal, including but not limited to:
(A) A cesarean section;
(B) Ear cropping;
(C) Tail docking;
(D) Ventriculocordectomy, also known as devocalization or debarking;
(E) Onychectomy, also known as declawing, or dewclaw removal; or
(F) Elastration or castration via banding;
(3) Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;
(4) Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;
(5) Any person licensed to engage in the practice of veterinary medicine in any jurisdiction, from practicing in the State when in consultation with veterinarians of this State; provided that the veterinarian receiving consultation shall maintain the veterinarian-client-patient relationship;
(6) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry;
(7) Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by temporary permit; provided that the applicant applies for and takes the examination scheduled by the board. The temporary permit shall not be renewed;
(8) An individual licensed to engage in the practice of veterinary medicine in another jurisdiction from practicing in the State under a sponsor and indirect supervision of a veterinarian as part of an emergency response or enforcement action pursuant to chapter 711; provided that the sponsor shall file notification with the board regarding the arrival of the sponsored individual; provided further that the sponsored individual shall serve in an emergency capacity for no longer than twenty-one consecutive days; or
(9) Any person who has obtained a courtesy permit or relief permit pursuant to sections 471-9.5 and 471-9.6 from practicing in the State.
(b) For the purposes of this section, “pet animal” has the same meaning as defined in section 711-1100.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-2; H.R.S. § 471-2; Laws 1984, ch. 44, § 1; Laws 1987, ch. 63, § 2; Laws 2018, ch. 203, § 8, eff. July 1, 2018; Laws 2022, ch. 71, § 3, eff. June 17, 2022; Laws 2024, ch. 221, § 1, eff. July 8, 2024.
[§ 471-2.5]. Veterinary telemedicine
(a) A veterinarian shall only practice veterinary telemedicine within the context of the veterinarian-client-patient relationship between medically necessary examinations of an animal patient or medically appropriate and timely visits to the premises where the animal patient is kept.
(b) Only a veterinarian licensed in the State shall provide veterinary telemedicine to an animal patient located in the State.
(c) When practicing veterinary telemedicine, a veterinarian shall:
(1) Conduct all necessary animal patient evaluations consistently with currently acceptable standards of care;
(2) Take appropriate precautions to safeguard the confidentiality of a client's or animal patient's records;
(3) Ensure that the client is aware of the veterinarian's identity, location, license number, and licensure status; and
(4) Maintain appropriate medical records with sufficient information for continued care that are readily available upon request by the client.
(d) Prescribing medications via veterinary telemedicine shall require a veterinarian-client-patient relationship and shall be at the professional discretion of the veterinarian. The indication, appropriateness, and safety considerations for each prescription issued in association with veterinary telemedicine services shall be evaluated by the veterinarian in accordance with all jurisdictional and federal laws and standards of care.
(e) A veterinarian may provide veterinary teleadvice or veterinary teletriage without the prior establishment of a veterinarian-client-patient relationship. An expert with a poison control agency who is not a veterinarian may provide veterinary teletriage.
(f) A veterinarian may provide veterinary telesupervision for tasks that do not require direct supervision as specified by rules adopted by the board.
(g) Veterinary telemedicine shall constitute the practice of veterinary medicine in the State when the individual practicing veterinary telemedicine or the animal patient are in the State. The board shall have jurisdiction over an individual practicing veterinary telemedicine within the State regardless of where the veterinarian's physical offices are located.
(h) Nothing in this section shall be construed to alter federal or state requirements and standards for the issuance of Certificates of Veterinary Inspection or health certificates.
Credits
Laws 2022, ch. 71, § 1, eff. June 17, 2022.
§ 471-3 Hawaii board of veterinary medicine; appointment and removal; qualifications.
A Hawaii board of veterinary medicine, consisting of seven members, four of whom shall be residents of the city and county of Honolulu and three of whom shall be residents of counties other than the city and county of Honolulu, shall be appointed, and may be removed, by the governor.
Five of the members of the board shall be veterinarians who have been licensed to practice for at least five years and shall be actively engaged in the practice of veterinary medicine or, if not active at the time of appointment, shall have been previously so engaged for ten years and two shall be public members.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-3; Laws 1959, 2nd Sp. Sess., ch. 1, § 5; H.R.S. § 471-3; Laws 1978, ch. 208, § 15; Laws 1992, ch. 202, § 174; Laws 1993, ch. 322, § 17; Laws 2018, ch. 203, §§ 8, 9, eff. July 1, 2018.
L 1992, c 202, §§ 238 and 239.
L 1984, c 44, § 3.
The Hawaii board of veterinary medicine or any member thereof, or any person designated by the board for the purpose, may investigate any violation or suspected violation of this chapter. Each member of the board may administer oaths in connection with any such investigation.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-7; H.R.S. § 471-7; Laws 2018, ch. 203, § 8, eff. July 1, 2018.
§ 471-8 Examinations; qualifications of applicants.
(a) No person shall be licensed to engage in the practice of veterinary medicine unless the person has passed an examination of the qualifications and fitness to engage in the practice of veterinary medicine given by the Hawaii board of veterinary medicine. Before any applicant shall be eligible for examination under this chapter the applicant, at least sixty days before the date set for examination, shall file an application in the form as shall be prescribed by the board, pay to the department of commerce and consumer affairs application and examination fees, and furnish proof satisfactory to the board that the applicant:
(1) Is eighteen or more years of age; and
(2) Is a graduate of:
(A) A veterinary college meeting all the standards established by the American Veterinary Medical Association Council on Education, or, in lieu thereof, has actively practiced for ten out of twelve years immediately preceding the date of application in a state having standards for licensing comparable to those in this State; or
(B) A foreign college of veterinary medicine who has successfully completed the requirements established by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence.
(b) Examinations shall be given by the board, which shall be composed of written questions, a part of which shall consist of those aspects of veterinary medicine common to the State on toxic substances, parasite diseases, unique soil conditions, and quarantine standards. The same questions shall be given to each person being examined during a particular examination. The subject matter of the examinations shall embrace the subjects and demonstrations of practical ability normally covered in the curricula of American veterinary colleges. The form of the examination shall be determined by the board. Applicants shall certify on the application that they have read, understood, and agree to comply with the laws and rules that the board determines are required for licensure.
The requirements imposed by this section shall not be a bar to renewal, reissuance, or restoration of any license issued prior to May 13, 1949.
(c) A temporary permit may be issued subject to the following conditions:
(1) An applicant is a graduate of:
(A) A veterinary college meeting all the standards established by the American Veterinary Medical Association Council on Education; or
(B) A foreign college of veterinary medicine who has successfully completed the requirements established by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence;
(2) Veterinarians licensed by another state board of veterinary medicine;
(3) The temporary permittee shall practice veterinary medicine only under the supervision of a veterinarian licensed to practice in Hawaii who holds a current, unencumbered, active license. At all times when the temporary permittee is engaged in the practice of veterinarian medicine, the licensed veterinarian shall be physically present on the same island as the temporary permittee and must be available on a daily basis for consultation with the permittee;
(4) Only one permit, which shall be nonrenewable, shall be issued to an applicant;
(5) The temporary permit shall be valid until the results of the Hawaii state board examination taken by the permittee are known; provided, that failure of the Hawaii state board exam, the National Board Examination, or Clinical Competency Test shall immediately terminate the temporary permit; and
(6) In any event, no permit shall be valid for longer than twenty-four months.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-8; Laws 1961, ch. 142, § 9(a); H.R.S. § 471-8; Laws 1972, ch. 2, § 29; Laws 1973, ch. 157, § 1; Laws 1978, ch. 22, § 1; Laws 1982, ch. 204, § 8; Laws 1984, ch. 7, § 76; Laws 1984, ch. 44, § 4; Laws 1998, ch. 184, § 1; Laws 2018, ch. 203, § 8, eff. July 1, 2018; Laws 2022, ch. 71, § 4, eff. June 17, 2022.
(a) Except as otherwise provided in this chapter, the Hawaii board of veterinary medicine shall issue a license to engage in the practice of veterinary medicine to all persons meeting the requirements of this chapter upon payment of a license fee.
(b) All licenses issued by the board shall expire on June 30 of each even-numbered year next following the date of issuance. Failure to renew the license on or before June 30 of each even-numbered year shall automatically constitute a forfeiture of the license; provided that the license shall be restored upon the submission of a written application, a renewal fee, a penalty fee, and proof of completing the applicable continuing education credits to the board.
(c) Prior to the June 30, 2016, payment deadline for license renewal, and prior to every license renewal thereafter, a licensee shall:
(1) Pay all required fees; and
(2) Complete at least twenty credit hours of continuing education within the two-year period preceding the renewal date.
(d) A licensee who has graduated from an accredited veterinary school within one year of the licensee's first license renewal shall not be subject to the continuing education requirement for the first license renewal.
(e) Each licensee shall be responsible for maintaining the licensee's continuing education records. At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section. The board may require a licensee to submit, in addition to the certification, evidence satisfactory to the board that demonstrates compliance with the continuing education requirement of this section.
(f) The board may conduct random audits of licensees to determine compliance with the continuing education requirement. The board shall provide written notice of an audit to a licensee randomly selected for audit. Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirement established by this section.
(g) Notwithstanding any other provision, no license shall expire while the licensee is serving on active duty in the armed forces of the United States during any emergency declared by the President or Congress and six months after the termination thereof.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-9; Laws 1961, ch. 142, § 9(b); H.R.S. § 471-9; Laws 1975; ch. 118, § 34; Laws 1984, ch. 7, § 77; Laws 2012, ch. 306, § 3, eff. July 9, 2012; Laws 2018, ch. 203, § 8, eff. July 1, 2018.
(a) The board may issue a courtesy permit to an individual licensed to engage in the practice of veterinary medicine in another jurisdiction. A courtesy permit issued pursuant to this section shall be valid for a period of thirty days and may be renewed once in any twelve-month period; provided that any courtesy permit issued and renewed pursuant to this section shall not exceed sixty total days in any twelve-month period; provided further that a courtesy permittee's request for more than two courtesy permits within a two-year period shall constitute prima facie evidence that the courtesy permittee is engaged in the active practice of veterinary medicine in the State and a license issued under section 471-9 shall be required.
(b) Applicants for a courtesy permit shall:
(1) Hold a current, unencumbered, and active license to engage in the practice of veterinary medicine in another jurisdiction;
(2) Incidental to the person's practice in another jurisdiction, desire to engage in the practice of veterinary medicine in the State on a temporary, not permanent or recurring, basis; and
(3) Have a sponsor.
(c) A courtesy permittee shall:
(1) Consent to the personal and subject matter jurisdiction and disciplinary authority of the board;
(2) Practice under the level of direct or indirect supervision determined by the sponsor;
(3) Not practice independently of the sponsor within the State;
(4) Comply with this chapter and rules adopted by the board;
(5) Cease to offer or render veterinary services in the State as an individual and on behalf of the sponsor if:
(A) The courtesy permittee's license or practice in the other jurisdiction is no longer current and active; or
(B) The courtesy permittee's license or practice has been limited or conditioned in any jurisdiction, including the courtesy permittee's principal place of business;
(6) Notify the board within fifteen days if:
(A) Any disciplinary action or board proceeding relating to the courtesy permittee's license is commenced in any jurisdiction; or
(B) The courtesy permittee is convicted of any criminal offense in any jurisdiction or foreign country; and
(7) Pay all costs associated with any jurisdiction's investigation, enforcement, and collection efforts pertaining to the courtesy permit issued pursuant to this section, as may be ordered by the board.
(d) In no case shall an individual be issued a courtesy permit and a relief permit in the same twelve-month period.
Credits
Laws 2022, ch. 71, § 1, eff. July 1, 2024.
<Effective July 1, 2024>
(a) The board may issue a relief permit to an individual licensed to engage in the practice of veterinary medicine in another jurisdiction to conduct the practice of a veterinarian who is absent from the veterinarian's practice. A relief permit issued pursuant to this section shall be valid for a period of thirty days and may be renewed once in any twelve-month period; provided that any relief permit issued and renewed pursuant to this section shall not exceed sixty total days in any twelve-month period. A relief permit may be renewed in a subsequent twelve-month period. More than two requests for relief permits within a two-year period shall be prima facie evidence that the relief permittee is engaged in the active practice of veterinary medicine in the State and a license issued under section 471-9 shall be required.
(b) Applicants for a relief permit shall:
(1) Hold a current, unencumbered, and active license to engage in the practice of veterinary medicine in another jurisdiction;
(2) Incidental to the person's practice in another jurisdiction, desire to engage in the practice of veterinary medicine in the State on a temporary, not permanent or recurring, basis; and
(3) Have a sponsor; provided that the sponsor shall not be required to be physically present on the same island.
(c) A relief permittee shall:
(1) Consent to the personal and subject matter jurisdiction and disciplinary authority of the board;
(2) Not practice independently of the sponsor within the State;
(3) Comply with this chapter and rules adopted by the board;
(4) Cease to offer or render veterinary services in the State as an individual and on behalf of the sponsor if:
(A) The relief permittee's license or practice from the other jurisdiction is no longer current and active; or
(B) The relief permittee's license or practice has been limited or conditioned in any jurisdiction, including the relief permittee's principal place of business;
(5) Notify the board within fifteen days if:
(A) Any disciplinary action or board proceeding relating to the relief permittee's license is commenced in any jurisdiction; or
(B) The relief permittee is convicted of any criminal offense in any jurisdiction or foreign country; and
(6) Pay all costs associated with any jurisdiction's investigation, enforcement, and collection efforts pertaining to the relief permit issued pursuant to this section, as may be ordered by the board.
(d) In no case shall an individual be issued a relief permit and a courtesy permit in the same twelve-month period.
Credits
Laws 2022, ch. 71, § 1, eff. July 1, 2024.
[§ 471-9.7]. Sponsors; responsibilities
For the purposes of this chapter and rules adopted by the board, a sponsor shall be responsible for:
(1) Determining the level of supervision required for the sponsored individual;
(2) The veterinary care given to the animal patient by the sponsored individual;
(3) Ensuring that the board has been notified in writing; and
(4) Confirming that the sponsored individual has obtained the appropriate courtesy permit or relief permit from the board.
Credits
Laws 2022, ch. 71, § 1, eff. June 17, 2022.
[§ 471-9.8]. Permit surcharge; fees
(a) There shall be imposed on every courtesy permit and relief permit issued by the board pursuant to sections 471-9.5 and 471-9.6 a $100 surcharge that shall be deposited into the compliance resolution fund established under section 26-9(o) to defray the costs incurred by the department in administering those permits.
(b) Application fees paid pursuant to this chapter shall not be refundable. Pursuant to section 26-9(l), the director of commerce and consumer affairs shall establish examination, reexamination, license, renewal, restoration, enforcement, and other fees relating to the administration of this chapter by rule.
Credits
Laws 2022, ch. 71, § 1, eff. June 17, 2022.
§ 471-10 Refusal to grant and revocation or suspension of license.
(a) In addition to any other actions authorized by law, the board may refuse to grant, renew, reinstate or restore a license for any cause which would be ground for revocation of a license under the law.
(b) In addition to any other actions authorized by law, the board may revoke or suspend the license of any veterinarian, fine a licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Professional misconduct, gross negligence, or manifest incapacity;
(2) Violation of this chapter or the rules adopted pursuant thereto or any other law which applies to the licensee as a practicing veterinarian;
(3) Making any false representations or promises through advertising or otherwise;
(4) Habitual intemperance in the use of alcoholic beverages or addiction to the use of narcotic or dangerous substances;
(5) Mental incompetence;
(6) Any fraudulent, dishonest, or deceitful act in connection with the practice of veterinary medicine;
(7) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;
(8) Revocation, suspension, or other disciplinary action by another state of a license or certificate for reasons as provided in this section;
(9) Conviction of or plea of nolo contendere to a penal offense substantially related to the qualifications, functions, or duties of a veterinarian, notwithstanding any statutory provision to the contrary;
(10) Violation of chapter 329, the uniform controlled substances act, or any rule adopted pursuant thereto;
(11) Failure to report any disciplinary action taken against the licensee in another jurisdiction within thirty days after the disciplinary action becomes final; or
(12) Conduct or practice contrary to the recognized principles of medical ethics of the veterinary profession as adopted by the Hawaii Veterinary Medical Association and the American Veterinary Medical Association.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-10; H.R.S. § 471-10; Laws 1973, ch. 121, § 1; Laws 1974, ch. 205, § 2(30); Laws 1984, ch. 90, § 1; Laws 1986, ch. 153, § 3; Laws 1992, ch. 202, § 175; Laws 2010, ch. 13, § 1, eff. July 1, 2010; Laws 2012, ch. 306, § 4, eff. July 9, 2012.
In every case where it is proposed to refuse to grant, renew, reinstate, or restore a license or to revoke or suspend the exercise of a license for any of the causes enumerated in section 471-10, the person concerned shall be given notice and opportunity for hearing in conformity with chapter 91.
In all proceedings before it, the Hawaii board of veterinary medicine and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the board, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, any circuit judge, on application by the board, or any member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein.
Credits
Laws 1949, ch. 280, § 1; R.L. 1955, § 73-11; Laws 1965, ch. 96, § 54; H.R.S. § 471-11; Laws 1973, ch. 31, § 21; Laws 1984, ch. 90, § 1; Laws 1992, ch. 202, § 176; Laws 2018, ch. 203, § 8, eff. July 1, 2018.
L 1992, c 202, § 240.
§ 471-13 Violations; penalties.
Any person who violates or fails to comply with any provision of this chapter shall be fined not more than $5,000 for each violation. Each day that the person is in violation of section 471-2 shall be a separate violation for the purposes of this section.
(L 1949, c 280, pt of § 1; RL 1955, § 73-13; HRS § 471-13; am L 1986, c 153, § 4)
§ 471-14 Rules and regulations.
The Hawaii board of veterinary medicine may, in the manner prescribed in chapter 91, adopt, amend, or repeal such rules and regulations as it deems proper to effectuate this chapter and to carry out the purpose thereof, which purpose is hereby stated to be the protection of the general public.
Credits
Laws 1965, ch. 74, § 1; 1965 Supp., § 73-14; H.R.S. § 471-14; Laws 2018, ch. 203, § 8, eff. July 1, 2018.
(a) Any person convicted of violating section 471-2 shall have committed a misdemeanor and be subject to a fine not to exceed $1,000.
(b) In addition to the penalties provided in subsection (a), all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for any disposition it may choose.
Credits
Laws 1986, ch. 153, § 1; Laws 2024, ch. 221, § 2, eff. July 8, 2024.
§ 471-16 Cumulative penalties.
Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
(L 1986, c 153, § 2)
[§ 471-17]. Exception to liability; emergency care; veterinarian-client-patient relationship
(a) Any veterinarian duly licensed under this chapter who, in good faith, without remuneration or expectation of remuneration, renders emergency care to a sick or injured animal at large shall not be liable to the owner of that animal for any civil damages resulting from the veterinarian's acts or omissions, except for damages as may result from the veterinarian's gross negligence or wanton acts or omissions.
(b) A veterinarian duly licensed under this chapter may, in good faith, render necessary and prompt care and treatment to an animal patient without establishing a veterinarian-client-patient relationship if conditions do not allow the establishment of the relationship in a timely manner. A veterinarian who renders emergency treatment shall not be liable to the owner of the animal for any civil damages resulting from the veterinarian's acts or omissions, except for damages as may result from the veterinarian's gross negligence or wanton acts or omissions.
(c) A veterinarian acting under this section shall make an appropriate record including the basis for proceeding under this section.
Credits
Laws 2021, ch. 91, § 1, eff. June 25, 2021.
[§ 471-18]. Reporting; duty; dogfighting; animal cruelty; immunity from civil liability
(a) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe that an animal has been injured or killed through participation in a staged animal fight, as prescribed in section 711-1109.3 or 711-1109.35, it shall be the duty of the veterinarian to promptly report the event to the appropriate law enforcement authorities of the county where the event occurred.
(b) Whenever any veterinarian duly licensed under this chapter has reasonable cause to believe an animal under the veterinarian's care has been a victim of animal cruelty, as prescribed in section 711-1108.5 or 711-1109, it shall be the duty of the veterinarian to promptly report the event to the appropriate law enforcement authorities of the county where the event occurred.
(c) No veterinarian duly licensed under this chapter shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35.
Credits
Laws 2021, ch. 91, § 1, eff. June 25, 2021.
[Chapter 472]. Veterinary Technology Practice
As used in this chapter:
“Department” means the department of commerce and consumer affairs.
“Intubate” means to pass a tube into the trachea for purposes of anesthesia and airway maintenance.
“Monitor” means to evaluate patient health by tracking vital signs via physical examination and multi-parameter monitors in order to recognize abnormalities while an animal is under anesthesia.
“Practice of veterinary technology” includes but is not limited to the following procedures only under the direct supervision of a licensed veterinarian:
(1) Monitoring anesthesia;
(2) Intubating;
(3) Performing dental cleaning;
(4) Creating a relief hole in the skin to facilitate placement of an intravenous catheter; and
(5) Participating in laboratory management activities.
Credits
Laws 2016, ch. 147, § 2, eff. July 1, 2018.
[§ 472-2]. Practice of veterinary technology; qualifications; registration required
(a) No person shall represent, announce, or advertise oneself, publicly or privately, as a veterinary technician or registered veterinary technician, or shall append the letters “RVT” or “VT” or affix any other words, letters, abbreviations, or insignia to the person's name indicating or implying that the person is engaged in the practice of veterinary technology, unless the person:
(1) Registers the person's name and business address biennially with the department in a manner prescribed by the department; and
(2) Meets the qualifications of section 472-3.
(b) The department shall maintain and biennially update a list of the names and business addresses of the veterinary technicians who are registered pursuant to subsection (a).
(c) Nothing in this chapter shall be construed to prohibit a licensed veterinarian from utilizing support or auxiliary personnel to assist in the practice of veterinary medicine; provided that the support or auxiliary personnel shall work under the direct supervision of a licensed veterinarian.
(d) A registration granted under this chapter shall mean that the person has met the requirements, including minimum practice standards, to provide protection to the public and is permitted to use the title of veterinary technician or registered veterinary technician and engage in the practice of veterinary technology.
Credits
Laws 2016, ch. 147, § 2, eff. July 1, 2018.
[§ 472-3]. Veterinary technician qualifications
No applicant shall be registered to engage in the practice of veterinary technology unless the applicant:
(1) Is at least eighteen years of age;
(2) Has successfully passed the Veterinary Technician National Examination; and
(3) Meets at least one of the following conditions:
(A) Has successfully completed a course of study at a program for veterinary technology accredited by the American Veterinary Medical Association Committee on Veterinary Technician Education and Activities;
(B) Is a licensed, certified, or registered veterinary technician in good standing in another state having standards for registration comparable to those in this State; or
(C) Prior to July 1, 2021, submits a notarized document from an employer who is a licensed veterinarian and who certifies that the applicant has five years or more of practical experience in Hawaii; provided that no reciprocity shall be given for practical experience gained outside of the State.
Before any applicant shall be eligible for registration under this chapter, the applicant shall file an application in a form as shall be prescribed by the department and pay to the department of commerce and consumer affairs an application fee and all other applicable fees.
Credits
Laws 2016, ch. 147, § 2, eff. July 1, 2018.