PART 1. GENERAL.
37-18-101 . Definitions
37-18-102 . Veterinary medicine defined
37-18-103 . Repealed Sec. 7, Ch. 96, L. 1981.
37-18-104 . Exemptions -- rules
PART 2. BOARD OF VETERINARY MEDICINE
37-18-201 . Organization -- meetings
37-18-202 . Rulemaking
37-18-203 . Repealed Sec. 127, Ch. 467, L. 2005.
PART 3. LICENSING -- VETERINARY MEDICINE
37-18-301 . License required
37-18-302 . Application -- qualification
37-18-303 . Repealed Sec. 127, Ch. 467, L. 2005.
37-18-304 . Repealed Sec. 128, Ch. 429, L. 1995.
37-18-305 . License -- issuance and contents
37-18-306 . Display of license and certificate
37-18-307 . Repealed Sec. 127, Ch. 467, L. 2005.
37-18-308 . Deposit of money
37-18-309. Supervision of licensed veterinary technician--failure to comply
37-18-311 . Repealed Sec. 128, Ch. 429, L. 1995.
37-18-312 . Reserved
37-18-313 . Municipal license fee prohibited
PART 4. LICENSING -- VETERINARY TECHNOLOGY (REPEALED)
37-18-401 . Repealed Sec. 7, Ch. 96, L. 1981.
37-18-402 . Repealed Sec. 7, Ch. 96, L. 1981.
37-18-403 . Repealed Sec. 7, Ch. 96, L. 1981.
37-18-404 . Repealed Sec. 7, Ch. 96, L. 1981.
37-18-405 . Repealed Sec. 7, Ch. 96, L. 1981.
37-18-406 to 37-18-410 . Reserved
37-18-411 . Repealed Sec. 7, Ch. 96, L. 1981.
PART 5. REMEDIES FOR VIOLATION
37-18-501 . Penalty - Repealed by Laws 2023, ch. 366, § 10, eff. October 1, 2023
37-18-502 . Injunction - Repealed by Laws 2023, ch. 366, § 10, eff. October 1, 2023
PART 6. EUTHANASIA TECHNICIANS AND AGENCIES -- CERTIFICATION
37-18-601 . Purpose
37-18-602 . Definitions
37-18-603 . Powers of board -- euthanasia certification
37-18-604 . Certified agency -- duties
37-18-605 . Certified euthanasia technician
37-18-606 . Disposition of fees
Part 7. Licensing--Veterinary Technician
37-18-701. License required for veterinary technicians--requirements--license renewal--use of initials or terms
37-18-702. Licensed veterinary technician scope of practice
37-18-703. Penalties
Part 8.
37-18-801. Definitions
37-18-802. Exemptions
37-18-803. Veterinary retail facility--license required
37-18-804. Standards of veterinary retail facilities
37-18-805. Veterinary dispensing technicians--educational requirements
37-18-806. Veterinary dispensing technicians--registration requirements
37-18-807. Penalties for violations
Unless the context requires otherwise, in this chapter the following definitions apply:
(1) “Board” means the board of veterinary medicine provided for in 2-15-1742.
(2) “Department” means the department of labor and industry provided for in Title 2, chapter 15, part 17.”1
(3) “Direct supervision” means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is on the premises and readily available to take over direct care or to consult on animal care directly with a licensed veterinary technician.
(4) “Emergency” means a life-threatening condition in which immediate treatment is necessary to sustain life or, if death is imminent, to relieve pain and suffering.
(5) “Immediate supervision” means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is within direct eyesight and hearing range of a licensed veterinary technician.
(6) “Indirect supervision” means direction on an animal patient's care provided by a veterinarian licensed under this chapter who is not on the premises but is available to perform the duties of a licensed veterinarian by maintaining direct communication with a licensed veterinary technician and who is in compliance with 37-18-309.
Credits
Enacted 66-2201.1 by Laws 1974, ch. 350, § 205; Revised Code of Montana 1947, 66-2201.1. Amended by Laws 1981, ch. 274, § 3; amended by Laws 1985, ch. 43, § 2; amended by Laws 2001, ch. 483, § 127; amended by Laws 2021, ch. 392, § 6, eff. Jan. 1, 2023.
37-18-102. Veterinary medicine defined
(1) A person is considered to be practicing veterinary medicine when the person does any of the following:
(a) represents to the public that the person is a veterinarian or is engaged in the practice of veterinary medicine in any of its branches, either directly or indirectly;
(b) uses words, titles, or letters in this connection or on a display or advertisement or under circumstances so as to induce the belief the person using them is engaged in the practice of veterinary medicine. This use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine in any of its branches.
(c) diagnoses, prescribes, or administers a drug, medicine, appliance, application, or treatment of whatever nature or performs a surgical operation or manipulation for the prevention, cure, or relief of a pain, deformity, wound, fracture, bodily injury, physical condition, or disease of animals;
(d) instructs, demonstrates, or solicits by a notice, sign, or other indication, with contract either express or implied, or otherwise, with or without the necessary instruments, for the administration of biologics or medicines or animal disease cures for the prevention and treatment of disease of animals and remedies for the treatment of internal parasites in animals;
(e) performs a manual or laboratory procedure on livestock for the diagnosis of pregnancy, sterility, or infertility for remuneration or hire;
(f) performs acupuncture, ova or embryo transfer, or dentistry on animals;
(g) instructs others, except those covered under the provisions of 37-18-104(4), for compensation, in any manner how to perform any acts that constitute the practice of veterinary medicine.
(2) Subsection (1)(e) may not in any way be construed to prohibit the pregnancy testing by any person of the person's own farm animals or by the person's employees regularly employed in the conduct of the person's business or by other persons whose services are rendered gratuitously.
(3) A licensed veterinary technician engaged in tasks as provided in 37-18-702 is practicing only those forms of veterinary medicine allowed by law or by rule and must be under the direct, immediate, or indirect supervision of a licensed veterinarian as provided by law or by rule promulgated by the board or working under written instructions within the scope of practice allowed under 37-18-702 or by rule.
(4) This section may not be construed as modifying, amending, altering, or repealing any part of 37-18-104.
Credits
(1) Enacted by Laws 1913, ch. 82, § 9; reenacted Revised Code of Montana 1921, § 3225; reenacted Revised Code of Montana 1935, § 3225. Amended by Laws 1955, ch. 90, § 7; amended by Laws 1965, ch. 191, § 1; amended by Laws 1974, ch. 350, § 211; amended by Laws 1975, ch. 135, § 7; Revised Code of Montana 1947, § 66-2209. (2) Enacted by Laws 1965, ch. 191, § 2; Revised Code of Montana 1947, § 66-2209.1. (3) Enacted by Laws 1965, ch. 191, § 3; Revised Code of Montana 1947, § 66-2209.2; Revised Code of Montana 1947, 66-2209(1), 66-2209.1, 66-2209.2; amended by Laws 1985, ch. 43, § 3; amended by Laws 1989, ch. 650, § 1; amended by Laws 2009, ch. 56, § 1382, eff. Oct. 1, 2009; amended by Laws 2021, ch. 392, § 7, eff. Jan. 1, 2023.
37-18-103. Repealed Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(2).
37-18-104. Exemptions -- rules
(1) This chapter does not apply to:
(a) a veterinarian in the performance of the veterinarian's official duties, either civil or military, in the service of the United States unless the veterinarian is engaged in the practice of veterinary medicine in a private capacity;
(b) laboratory technicians and veterinary research workers, as distinguished from veterinarians, in the employ of this state or the United States and engaged in labors in laboratories under the direct supervision of the board of livestock, Montana state university-Bozeman, or the United States;
(c) a veterinarian practicing in another state or country and authorized under the laws of that state or country to practice veterinary medicine, whose practice in this state is limited to an occasional case as that term is defined in board rule. The board may, by rule, define conditions in which a veterinary technician licensed or registered in another state may engage in occasional veterinary technician tasks in this state, as provided in 37-18-702.
(d) the employment of a veterinary medical student who has successfully completed 3 years of the professional curriculum in veterinary medicine at a college having educational standards equal to those approved by the American veterinary medical association, if the student is employed by and works under the immediate supervision of a veterinarian licensed and registered under this chapter;
(e) a person advising with respect to or performing acts that the board defines by rule as accepted livestock management practices; or
(f) a veterinary dispensing technician who is registered and subject to 37-18-801 through 37-18-807.
(2) The operations known and designated as castrating or dehorning of cattle, sheep, horses, and swine are not the practice of veterinary medicine within the meaning of this chapter.
(3) Nonsurgical embryo transfers in bovines may be performed under the indirect supervision of a veterinarian licensed and residing in Montana. At a minimum, board rules regarding nonsurgical embryo transfers in bovines must address:
(a) minimum education requirements;
(b) minimum requirements of practical experience;
(c) continuing education requirements;
(d) limitations on practices and procedures that may be performed by certified individuals;
(e) the use of specific drugs necessary for safe and proper practice of certified procedures;
(f) content and administration of the certification test, including written and practical testing;
(g) application and reexamination procedures; and
(h) conduct of certified individuals, including rules for suspension, revocation, and denial of certification.
(4) This chapter does not prohibit a person from caring for and treating the person's own farm animals or being assisted in this treatment by the person's full-time employees, as defined in 2-18-601, employed in the conduct of the person's business or by other persons whose services are rendered gratuitously in case of emergency.
(5) This chapter does not prohibit the selling of veterinary remedies and instruments by a registered pharmacist at the pharmacist's regular place of business.
(6) This chapter does not prohibit an employee of a licensed veterinarian from performing activities determined by board rule to be acceptable, when performed under the direct, immediate, or indirect supervision of the employing veterinarian. The board shall adopt rules regarding which veterinary practices may be performed under direct, immediate, or indirect supervision by a licensed veterinary technician.
(7) This chapter does not prohibit an employee of a licensed veterinarian from rendering care for that veterinarian's animal patients in cases of emergency. Permissible emergency employee activities under this subsection include activities determined by board rule to be acceptable but do not include the performance of surgery or the rendering of diagnoses.
(8) This chapter does not prohibit a certified agency from possessing, or a certified euthanasia technician from administering, any controlled substance authorized by the board for the purpose of euthanasia pursuant to part 6 of this chapter.
Credits
Enacted by Laws 1913, ch. 82, § 11; reenacted Revised Code of Montana 1921, § 3227; reenacted Revised Code of Montana 1935, § 3227. Amended by Laws 1955, ch. 90, § 9; amended by Laws 1974, ch. 350, § 213; amended by Laws 1975, ch. 135, § 8; Revised Code of Montana 1947, 66-2211; amended by Laws 1985, ch. 43, § 4; amended by Laws 1989, ch. 650, § 2; amended by Laws 1991, ch. 21, § 1; amended by Laws 1995, ch. 308, § 36; amended by Laws 1997, ch. 75, § 1; amended by Laws 2003, ch. 60, § 8; amended by Laws 2005, ch. 126, § 39; amended by Laws 2021, ch. 392, § 8, eff. Jan. 1, 2023; amended by Laws 2023, ch. 759, § 9, eff. July 1, 2023.
37-18-201. Organization -- meetings
(1) A board member must receive a certificate of appointment from the governor.
(2) The board shall annually elect from its members a president, vice president, and secretary-treasurer and shall hold at least two regular meetings each year. If a member of the board, without cause, is absent from two consecutive regular meetings, that member's position on the board is vacated.
History: En. Sec. 2, Ch. 82, L. 1913; re-en. Sec. 3218, R.C.M. 1921; re-en. Sec. 3218, R.C.M. 1935; amd. Sec. 2, Ch. 90, L. 1955; amd. Sec. 206, Ch. 350, L. 1974; amd. Sec. 5, Ch. 135, L. 1975; R.C.M. 1947, 66-2202(1), (2); amd. Sec. 26, Ch. 492, L. 2001.
The board may adopt rules necessary to carry out the purposes of this chapter.
History: En. Sec. 2, Ch. 82, L. 1913; re-en. Sec. 3218, R.C.M. 1921; re-en. Sec. 3218, R.C.M. 1935; amd. Sec. 2, Ch. 90, L. 1955; amd. Sec. 206, Ch. 350, L. 1974; amd. Sec. 5, Ch. 135, L. 1975; R.C.M. 1947, 66-2202(3), (4); amd. Sec. 3, Ch. 96, L. 1981; amd. Sec. 3, Ch. 650, L. 1989; amd. Sec. 65, Ch. 429, L. 1995; amd. Sec. 2, Ch. 75, L. 1997; amd. Sec. 58, Ch. 467, L. 2005.
37-18-203. Repealed Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 3, Ch. 82, L. 1913; re-en. Sec. 3219, R.C.M. 1921; re-en. Sec. 3219, R.C.M. 1935; amd. Sec. 3, Ch. 90, L. 1955; amd. Sec. 126, Ch. 147, L. 1963; amd. Sec. 27, Ch. 177, L. 1965; amd. Sec. 26, Ch. 93, L. 1969; amd. Sec. 207, Ch. 350, L. 1974; amd. Sec. 38, Ch. 439, L. 1975; amd. Sec. 3, Ch. 531, L. 1977; R.C.M. 1947, 66-2203(1), (2); amd. Sec. 22, Ch. 474, L. 1981.
A person may not practice veterinary medicine or veterinary surgery in this state unless licensed and registered as required by this chapter, nor may a person practice veterinary medicine or surgery whose authority to practice is suspended or revoked by the board.
History: En. Sec. 9, Ch. 82, L. 1913; re-en. Sec. 3225, R.C.M. 1921; re-en. Sec. 3225, R.C.M. 1935; amd. Sec. 7, Ch. 90, L. 1955; amd. Sec. 1, Ch. 191, L. 1965; amd. Sec. 211, Ch. 350, L. 1974; amd. Sec. 7, Ch. 135, L. 1975; R.C.M. 1947, 66-2209(2).
37-18-302. Application -- qualification
A person desiring to begin the practice of veterinary medicine or veterinary surgery in this state or who desires to hold out to the public that the person is a practitioner of veterinary medicine or veterinary surgery, except as provided in 37-18-104, shall apply to the department for a license to do so. The application must be on a form furnished by the department, must be accompanied by satisfactory evidence of the good moral character of the applicant, and must contain evidence of the applicant's having received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American veterinary medical association. On application, a certified transcript of the applicant must be submitted to the department for inspection and verification. The certified transcript remains the property of the department.
CREDIT(S)
Enacted by Laws 1913, ch. 82, § 4. Amended by Laws 1919, ch. 150, § 1; reenacted Revised Code of Montana 1921, § 3220; reenacted Revised Code of Montana 1935, § 3220; amended by Laws 1955, ch. 90, § 4; amended by Laws 1963, ch. 147, § 127; amended by Laws 1971, ch. 168, § 7; amended by Laws 1974, ch. 350, § 208; Revised Code of Montana 1947, 66-2204(part); amended by Laws 1979, ch. 431, § 1; amended by Laws 1981, ch. 341, § 5; amended by Laws 1991, ch. 21, § 2; amended by Laws 1999, ch. 230, § 12; amended by Laws 2009, ch. 109, § 33, eff. Oct. 1, 2009.
HISTORICAL AND STATUTORY NOTES
Laws 2009, ch. 109, §§ 53 and 54, provide:
“Section 53. Saving clause.
“[This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
“Section 54. Severability.
“If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.”
37-18-303. Repealed Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 4, Ch. 82, L. 1913; amd. Sec. 1, Ch. 150, L. 1919; re-en. Sec. 3220, R.C.M. 1921; re-en. Sec. 3220, R.C.M. 1935; amd. Sec. 4, Ch. 90, L. 1955; amd. Sec. 127, Ch. 147, L. 1963; amd. Sec. 7, Ch. 168, L. 1971; amd. Sec. 208, Ch. 350, L. 1974; R.C.M. 1947, 66-2204(part); amd. Sec. 2, Ch. 431, L. 1979; amd. Sec. 4, Ch. 96, L. 1981; amd. Sec. 3, Ch. 21, L. 1991; amd. Sec. 66, Ch. 429, L. 1995; amd. Sec. 13, Ch. 230, L. 1999.
37-18-304. Repealed Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 8, Ch. 82, L. 1913; re-en. Sec. 3224, R.C.M. 1921; re-en. Sec. 3224, R.C.M. 1935; amd. Sec. 6, Ch. 90, L. 1955; amd. Sec. 210, Ch. 350, L. 1974; R.C.M. 1947, 66-2208(2).
37-18-305. License -- issuance and contents
(1) The board shall, at the conclusion of a regular examination or after investigation, if in its judgment the applicant is qualified, authorize the department to issue a license to practice veterinary medicine.
(2) Every license granted must be issued under seal and must be signed by the president and secretary-treasurer of the board and must state that the licensee has given satisfactory evidence of fitness as to age, character, veterinary medical education, and other matters required by law and that after full examination, the licensee has been found qualified to practice.
History: En. Sec. 7, Ch. 82, L. 1913; re-en. Sec. 3223, R.C.M. 1921; re-en. Sec. 3223, R.C.M. 1935; amd. Sec. 5, Ch. 90, L. 1955; amd. Sec. 209, Ch. 350, L. 1974; amd. Sec. 6, Ch. 135, L. 1975; R.C.M. 1947, 66-2207(1), (2); amd. Sec. 67, Ch. 429, L. 1995.
37-18-306. Display of license and certificate
A person may not practice veterinary medicine in this state without possessing and displaying prominently in the person's principal office a current and valid license issued under this part.
History: En. Sec. 8, Ch. 82, L. 1913; re-en. Sec. 3224, R.C.M. 1921; re-en. Sec. 3224, R.C.M. 1935; amd. Sec. 6, Ch. 90, L. 1955; amd. Sec. 210, Ch. 350, L. 1974; R.C.M. 1947, 66-2208(1); amd. Sec. 18, Ch. 502, L. 2007.
37-18-307. Repealed Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 7, Ch. 82, L. 1913; re-en. Sec. 3223, R.C.M. 1921; re-en. Sec. 3223, R.C.M. 1935; amd. Sec. 5, Ch. 90, L. 1955; amd. Sec. 209, Ch. 350, L. 1974; amd. Sec. 6, Ch. 135, L. 1975; R.C.M. 1947, 66-2207(3) thru (5); amd. Sec. 44, Ch. 345, L. 1981; amd. Sec. 5, Ch. 43, L. 1985; amd. Sec. 4, Ch. 650, L. 1989; amd. Sec. 68, Ch. 429, L. 1995; amd. Sec. 23, Ch. 492, L. 1997; amd. Sec. 26, Ch. 271, L. 2003.
Money received under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).
History: En. Sec. 3, Ch. 82, L. 1913; re-en. Sec. 3219, R.C.M. 1921; re-en. Sec. 3219, R.C.M. 1935; amd. Sec. 3, Ch. 90, L. 1955; amd. Sec. 126, Ch. 147, L. 1963; amd. Sec. 27, Ch. 177, L. 1965; amd. Sec. 26, Ch. 93, L. 1969; amd. Sec. 207, Ch. 350, L. 1974; amd. Sec. 38, Ch. 439, L. 1975; amd. Sec. 3, Ch. 531, L. 1977; R.C.M. 1947, 66-2203(3); amd. Sec. 1, Ch. 277, L. 1983.
37-18-309. Supervision of licensed veterinary technician--failure to comply
(1) A veterinarian licensed under 37-18-302 is responsible for determining whether tasks delegated to a licensed veterinary technician are:
(a) within the employees' training, expertise, and skills;
(b) allowed by rule under direct supervision, immediate supervision, or indirect supervision; and
(c) clearly defined by written orders, established office protocols, or verbal directions in the case of an emergency.
(2) Even in a case of emergency, a veterinarian licensed under 37-18-302 is responsible for authorizing the licensed veterinary technician to perform only those duties within the employees' scope of practice as provided in 37-18-702 or by rule.
(3) A veterinarian subject to this section may be cited for unprofessional conduct for failure to comply with this section.
Credits
Enacted by Laws 2021, ch. 392, § 4, eff. Jan. 1, 2023.
37-18-311. Repealed Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 10, Ch. 82, L. 1913; re-en. Sec. 3226, R.C.M. 1921; re-en. Sec. 3226, R.C.M. 1935; amd. Sec. 8, Ch. 90, L. 1955; amd. Sec. 212, Ch. 350, L. 1974; amd. Sec. 18, Ch. 101, L. 1977; R.C.M. 1947, 66-2210; amd. Sec. 5, Ch. 650, L. 1989.
37-18-313. Municipal license fee prohibited
A license fee or license tax may not be imposed upon a person who practices veterinary medicine, as a condition to the practice of the profession, by any municipality or other political subdivision of the state, including a local government with self-governing powers.
CREDIT(S)
Enacted by Laws 1989, ch. 650, § 7. Amended by Laws 2009, ch. 56, § 1383, eff. Oct. 1, 2009.
37-18-401. Repealed Sec. 7, Ch. 96, L. 1981.
37-18-402. Repealed Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(4), (6).
37-18-403. Repealed Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(5); amd. Sec. 45, Ch. 345, L. 1981.
37-18-404. Repealed Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(7).
37-18-405. Repealed Sec. 7, Ch. 96, L. 1981.
History: En. 66-2213 by Sec. 1, Ch. 135, L. 1975; R.C.M. 1947, 66-2213(8), (9); amd. Sec. 46, Ch. 345, L. 1981.
37-18-406 through 37-18-410 reserved.
37-18-411. Repealed Sec. 7, Ch. 96, L. 1981.
History: En. 66-2214 by Sec. 2, Ch. 135, L. 1975; amd. Sec. 20, Ch. 101, L. 1977; R.C.M. 1947, 66-2214.
37-18-501. Penalty - Repealed by Laws 2023, ch. 366, § 10, eff. October 1, 2023
Former text:
A person practicing veterinary medicine within this state, as defined in this chapter, without first having obtained a license to practice and being registered as required by this chapter or after the person's license to practice has been suspended or revoked or contrary to the provisions of this chapter in any manner is guilty of a misdemeanor for each violation of the provisions of this chapter or for each act relating to the practice of veterinary medicine in this state. Upon conviction, the person shall be punished by a fine of not less than $200 or more than $500 or by imprisonment in the county jail for not less than 30 days or more than 6 months, or both. A person convicted a second time for any violation of this chapter shall be punished by both fine and imprisonment. The district court has jurisdiction of all prosecutions brought under this section.
CREDIT(S)
Enacted by Laws 1913, ch. 82, § 12; reenacted Revised Code of Montana 1921, § 3228; reenacted Revised Code of Montana 1935, § 3228. Amended by Laws 1955, ch. 90, § 10; amended by Laws 1977, ch. 101, § 19; Revised Code of Montana 1947, 66-2212; amended by Laws 1981, ch. 96, § 5; amended by Laws 2009, ch. 56, § 1384, eff. Oct. 1, 2009.
37-18-502. Injunction - Repealed by Laws 2023, ch. 366, § 10, eff. October 1, 2023
Former text:
The board or any person may bring an action in the district court to enjoin a person who is not licensed from engaging in the practice of veterinary medicine or the practice of a licensed veterinary technician unless otherwise exempted under 37-18-104. A court that finds the defendant is violating or threatening to violate any provision of Title 37, chapter 18, may enter an order restraining the defendant from the violation, without regard to any criminal provisions of Title 37, chapter 18.
Credits
Enacted 66-2215 by Laws 1975, ch. 135, § 3; Revised Code of Montana 1947, 66-2215. Amended by Laws 1981, ch. 96, § 6; amended by Laws 1989, ch. 650, § 6; amended by Laws 2009, ch. 56, § 1385, eff. Oct. 1, 2009; amended by Laws 2021, ch. 392, § 9, eff. Jan. 1, 2023.
The purpose of this part is to provide the most humane disposition possible of unwanted, stray, abandoned, discarded, or dangerous animals by providing for the certification of agencies and euthanasia technicians.
History: En. Sec. 1, Ch. 60, L. 2003.
As used in this part, the following definitions apply:
(1) "Certified agency" means a law enforcement agency, a public or private animal control agency, or a humane society organized for the prevention of cruelty to animals that has certification from the board to possess controlled substances approved for the purpose of euthanasia.
(2) "Certified euthanasia technician" means an employee of a certified agency or a person who is working under the supervision of a licensed veterinarian and who has been certified by the board to administer a controlled substance approved by the board for the purpose of euthanasia.
(3) "Controlled substance" means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2.
(4) "Euthanasia" means the act or practice of ending the life of an animal in order to end suffering or for some other humane purpose.
(5) "Person" means an individual, corporation, partnership, government or governmental subdivision or agency, trust, or other legal entity.
History: En. Sec. 2, Ch. 60, L. 2003.
37-18-603. Powers of board -- euthanasia certification
The board may:
(1) establish qualifications and prescribe the application format for certification as a certified agency or as a certified euthanasia technician and review each application for compliance with certification requirements;
(2) examine and determine the qualifications and fitness of applicants to operate as a certified agency or as a certified euthanasia technician;
(3) issue, renew, reinstate, deny, suspend, require voluntary surrender of, or revoke any certifications or temporary permits or impose other forms of discipline and enter into consent agreements and negotiated settlements with
certified agencies or certified euthanasia technicians consistent with the provisions of this chapter and rules adopted pursuant to Title 37, chapter 1, and this chapter;
(4) establish a schedule of fees for certifying agencies and euthanasia technicians, ensuring that the fees are commensurate with the costs of the certification program;
(5) establish a list of controlled substances approved for the purpose of euthanasia;
(6) adopt other rules that the board or department considers necessary for the implementation of this part; and
(7) inspect any certified agency's controlled substance storage, inventory, administration procedures, and recordkeeping.
History: En. Sec. 3, Ch. 60, L. 2003.
37-18-604. Certified agency -- duties
(1) A person may not possess controlled substances for the purpose of euthanasia without first becoming a licensed veterinarian or a certified agency under rules adopted by the board.
(2) Certified agencies shall apply for registration with the applicable state or federal agency to possess controlled substances approved by the board for purposes of euthanasia.
(3) Certified agencies shall comply with all state and federal laws regarding the storage, care, and administration of controlled substances. Failure to comply with these laws may result in the immediate revocation of the certification in addition to any other civil or criminal penalties provided under any other statute.
History: En. Sec. 4, Ch. 60, L. 2003.
37-18-605. Certified euthanasia technician
(1) A person may not administer controlled substances for euthanasia purposes unless the person is a licensed veterinarian, a certified euthanasia technician, or support personnel as defined by rules adopted by the board.
(2) A certified euthanasia technician may use controlled substances only for euthanasia purposes unless the certified euthanasia technician is under the direct supervision of a licensed veterinarian.
History: En. Sec. 5, Ch. 60, L. 2003.
37-18-606. Disposition of fees
Any fees collected under this part must be deposited in a state special revenue account to offset costs incurred by the board or department in carrying out this part.
History: En. Sec. 6, Ch. 60, L. 2003.
Part 7. Licensing--Veterinary Technician
37-18-701. License required for veterinary technicians--requirements--license renewal--use of initials or terms
(1)(a) An individual seeking to practice as a veterinary technician in this state must be licensed as a veterinary technician by the board.
(2) To be eligible for licensure as a veterinary technician, an applicant:
(a) shall file an application on a form furnished by the department and pay fees as prescribed by rule;
(b) must meet the requirements of subsection (3); and
(c) must meet additional requirements set by the board by rule.
(3)(a) Except as provided in subsection (3)(b), an applicant must be a graduate of a program accredited by the American veterinary medical association as determined by board rule and pass an examination as prescribed by the board.
(b) An applicant who does not meet the qualifications required in subsection (3)(a) shall:
(i) obtain a minimum of 4,500 hours of experience equivalent to that of a licensed veterinary technician; and
(ii) pass an examination as prescribed by the board.
(4) Subject to review by the board, a person who does not hold an active license as a veterinary technician may not state or imply orally, in writing, or in print that the person is a “licensed veterinary technician” or use the initials “LVT”.
Credits
Enacted by Laws 2021, ch. 392, § 1, eff. Jan. 1, 2023.
37-18-702. Licensed veterinary technician scope of practice
(1) A licensed veterinary technician may, under written authorization and direction of a veterinarian licensed under this chapter, administer or dispense drugs, medicines, or appliances and perform procedures as provided by rule.
(2) In an emergency, a licensed veterinary technician is subject to the authority of the supervising licensed veterinarian as provided in 37-18-309.
Credits
Enacted by Laws 2021, ch. 392, § 2, eff. Jan. 1, 2023.
37-18-703. Penalties - Repealed by Laws 2023, ch. 366, § 10, eff. October 1, 2023
Former text:
(1) A person found guilty by the board of violating use of the term “licensed veterinary technician” or use of the initials “LVT” to describe the person's qualifications when not licensed as a veterinary technician is guilty of a misdemeanor.
(2) The penalties under 37-18-501 apply to a licensed veterinary technician who performs a procedure that is not within the scope of practice allowed to a licensed veterinary technician as provided in 37-18-702.
Credits
Enacted by Laws 2021, ch. 392, § 3, eff. Jan. 1, 2023.
Part 8.
As used in 37-18-801 through 37-18-807 unless the context requires otherwise, the following definitions apply:
(1) “Extralabel use” means the use of an approved drug in a manner that is not in accordance with the approved label directions.
(2) “Veterinary dispensing technician” means a nonpharmacist registered by the board of veterinary medicine to dispense veterinary prescription drugs in a veterinary retail facility.
(3) “Veterinary prescription drugs” means drugs that are to be used or prescribed by a veterinarian licensed pursuant to 37-18-301 to a client who is the owner or caretaker of the animal in need of treatment. Veterinary prescription drugs are those drugs restricted by federal law to use by or on the order of a licensed veterinarian.
(4) “Veterinary retail facility” means an establishment registered by the board of pharmacy employing a registered veterinary dispensing technician authorized to dispense veterinary prescription drugs pursuant to bona fide orders of licensed veterinarians.
Credits
Enacted by Laws 2023, ch. 759, § 1, eff. July 1, 2023.
The provisions of 37-18-801 through 37-18-807 do not apply to:
(1) a veterinarian, a veterinary technician, or a veterinarian's practice; or
(2) a pharmacist, a pharmacy technician, or a pharmacy.
Credits
Enacted by Laws 2023, ch. 759, § 2, eff. July 1, 2023.
37-18-803. Veterinary retail facility--license required
(1) A person, partnership, association, corporation, or limited liability company may not open, establish, operate, maintain, or do business as a veterinary retail facility without first obtaining a license from the board of pharmacy.
(2) The board of pharmacy shall prescribe the license application form.
(3) An application or renewal application must be accompanied by a fee set by board rule.
(4) A license must be renewed annually.
(5) Separate applications and separate permits are required for each veterinary retail facility opened, established, operated, or maintained by the same owner and for a change of location, name, or ownership of an existing veterinary retail facility.
(6) The board may adopt rules to implement this section.
Credits
Enacted by Laws 2023, ch. 759, § 3, eff. July 1, 2023.
37-18-804. Standards of veterinary retail facilities
(1) Veterinary prescription drugs dispensed by a veterinary retail facility pursuant to a licensed veterinarian's prescription must be dispensed by a veterinary dispensing technician and are for use on livestock only, as defined in 81-2-702.
(2) An employee of a veterinary retail facility, including a veterinary dispensing technician, may not:
(a) dispense controlled substances;
(b) compound veterinary prescription drugs for the dispensing of a prescription;
(c) repackage veterinary prescription drugs for the dispensing of a prescription, except that a veterinary dispensing technician may break down case lots of veterinary prescription drugs if the seals on the individual containers are not broken;
(d) open a container and count out or measure out any quantity of a veterinary prescription drug; or
(e) dispense medication for extralabel use.
Credits
Enacted by Laws 2023, ch. 759, § 4, eff. July 1, 2023.
37-18-805. Veterinary dispensing technicians--educational requirements
A veterinary retail facility may employ a veterinary dispensing technician who shall successfully complete:
(1) an academic program approved by the board of veterinary medicine; or
(2) a certification program approved by the board of veterinary medicine.
Credits
Enacted by Laws 2023, ch. 759, § 5, eff. July 1, 2023.
37-18-806. Veterinary dispensing technicians--registration requirements
(1) A veterinary dispensing technician shall register with the board of veterinary medicine on an annual basis.
(2) The current veterinary dispensing technician license must be conspicuously displayed and in the veterinary retail facility where the veterinary dispensing technician is employed.
(3) A veterinary dispensing technician shall wear a name badge while in the veterinary retail facility that clearly identifies the person as a veterinary dispensing technician.
(4) A veterinary dispensing technician shall inform the board of a change in address or place of employment within 15 days after the change. The board shall subsequently adjust the board's records.
(5) The board may adopt rules to implement this section.
Credits
Enacted by Laws 2023, ch. 759, § 6, eff. July 1, 2023.
37-18-807. Penalties for violations
A person, partnership, association, corporation, or limited liability company violating the provisions of 37-18-801 through 37-18-807 is guilty of a misdemeanor. On conviction for any violation of 37-18-801 through 37-18-807 the board may revoke a permit or registration issued pursuant to 37-18-801 through 37-18-807 or issue other disciplinary action pursuant to 37-1-136.
Credits
Enacted by Laws 2023, ch. 759, § 7, eff. July 1, 2023.