H*3713 Session 105 (1983-1984)
H*3713(Rat #0538, Act #0457 of 1984) General Bill, By
House Medical, Military, Public and Municipal Affairs
A Bill to amend Article 1, Chapter 69, Title 40, Code of Laws of South
Carolina, 1976, as amended, relating to veterinarians so as to further provide
for the regulation and licensing of the practice of veterinary medicine, for
the composition of the State Board of Veterinary Medical Examiners, for the
powers, duties and functions of the Board, for the fees charged by the Board,
for the liability of members of the Board and the agents and employees
thereof, and for the authorized penalties for certain violations.
03/27/84 House Introduced, read first time, placed on calendar
without reference HJ-1993
03/29/84 House Debate adjourned HJ-2067
04/03/84 House Debate adjourned HJ-2110
04/04/84 House Read second time HJ-2152
04/05/84 House Read third time and sent to Senate HJ-2249
04/05/84 Senate Introduced and read first time SJ-1312
04/05/84 Senate Referred to Committee on Medical Affairs SJ-1313
05/17/84 Senate Committee report: Favorable with amendment
Medical Affairs SJ-1852
05/30/84 Senate Read second time SJ-2134
05/30/84 Senate Ordered to third reading with notice of
amendments SJ-2134
05/31/84 Senate Amended SJ-2153
05/31/84 Senate Read third time SJ-2155
05/31/84 Senate Returned SJ-2155
05/31/84 House Concurred in Senate amendment and enrolled HJ-3551
06/13/84 Ratified R 538
06/19/84 Signed By Governor
06/19/84 Effective date 06/19/84
06/19/84 Act No. 457
07/02/84 Copies available
(A457, R538, H3713)
AN ACT TO AMEND ARTICLE 1, CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, AS AMENDED, RELATING TO VETERINARIANS SO AS TO FURTHER PROVIDE
FOR THE REGULATION AND LICENSING OF THE PRACTICE OF VETERINARY MEDICINE, FOR THE
COMPOSITION OF THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, FOR THE POWERS,
DUTIES AND FUNCTIONS OF THE BOARD, FOR THE FEES CHARGED BY THE BOARD, FOR THE
LIABILITY OF MEMBERS OF THE BOARD AND THE AGENTS AND EMPLOYEES THEREOF, AND FOR
THE AUTHORIZED PENALTIES FOR CERTAIN VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Regulation and licensing of the practice of veterinary medicine
SECTION 1. Article 1, Chapter 69, Title 40 of the 1976 Code, as amended by Act
40 of 1983, is further amended to read:
Article 1
General Provisions
Section 40-69-10. It is hereby declared that the practice of veterinary medicine
involves the public health, safety, and welfare. To protect the public from
being misled by incompetent, unscrupulous, unqualified, and unauthorized
practitioners, and from unprofessional or illegal practices by persons licensed
to practice veterinary medicine, and to insure that every person engaged in the
practice of veterinary medicine meet minimum requirements, the practice of
veterinary medicine should be regulated in the interest of the health, safety,
and welfare of the citizens of South Carolina.
The General Assembly declares its intent that individuals who are not normally
competent to practice veterinary medicine or who otherwise present danger to the
public should be disciplined or prohibited from practicing in this State.
Section 40-69-20. As used in this article these words and phrases have the
following meanings unless the context clearly indicates otherwise:
(1) "Animal" means any animal other than a human, and includes fowl,
birds, reptiles, and fish which are wild or domestic, living or dead.
(2) "Board" means the South Carolina State Board of Veterinary
Medical Examiners.
(3) "Veterinary medicine" includes veterinary surgery, obstetrics,
dentistry, and all other branches or specialties of veterinary medicine.
(4) "Practice of veterinary medicine" means:
(a) To diagnose, prescribe, or administer any drug, medicine, biologic,
appliance, or application or treatment of whatever nature for the cure,
prevention, or relief of any wound, fracture, or bodily injury or disease of an
animal;
(b) To perform any surgical operation, including cosmetic surgery, upon any
animal;
(c) To perform any manual procedure for the diagnosis or treatment for
sterility or infertility of animals, including embryo transplants;
(d) To offer, undertake, represent, or hold oneself out as being qualified
to diagnose, treat, operate, or prescribe for any animal disease, pain, injury,
deformity, or physical condition; and
(e) To use any words, letters, or titles in such connection or under such
circumstances as to induce the belief that 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.
(5) "Veterinarian" means a person who has received a doctor's degree
or equivalent in veterinary medicine.
(6) "Licensed veterinarian" means a person who is licensed by law to
practice veterinary medicine in this State.
(7) "School of veterinary medicine" means any veterinary school or
college that offers the DVM or equivalent degree and whose course of study
conforms to the standards required for accreditation by the American Veterinary
Medical Association and approved by the Board.
(8) "License" means any permit, approval, registration, or
certificate issued by the Board.
(9) "Temporary permit" means temporary permission to practice
veterinary medicine issued pursuant to the provisions of this chapter.
(10) "Direct supervision" means that a veterinarian currently
licensed to practice veterinary medicine in this State is available on the
premises and within immediate vocal communication of the supervisee.
(11) "Unprofessional or unethical conduct" includes, but is not
limited to, any conduct of a character likely to deceive or defraud the public,
fraudulent, false, or deceptive advertising which might mislead the public,
obtaining any fee or compensation by fraud or misrepresentation, sharing office
space with any person illegally practicing veterinary medicine, employing either
directly or indirectly any unlicensed person to practice veterinary medicine or
render any veterinary service except as allowed by law, or the violation of any
rule adopted by the Board which provides for a code of professional ethics to be
followed by persons licensed under this article.
Section 40-69-30. There is created the State Board of Veterinary Medical
Examiners (board) to be composed of eight members, one of whom must be a consumer
advocate member from the State at large, one of whom must be a veterinarian from
the State at large, and six of whom must be veterinarians representing each of
the six Congressional Districts.
Each veterinarian must be a resident of the State of South Carolina and of the
Congressional District which he represents, licensed by the State, and
practicing. The consumer advocate member must be a resident of the State.
The terms of the members must be for six years and until successors are
appointed and qualify. No member must be allowed successive terms of office.
The veterinarian at large and consumer advocate member must be appointed by the
Governor. The South Carolina Veterinarians' Association shall conduct an
election to nominate two veterinarians to represent any Congressional District
when the seat is vacant. The election shall provide for participation by all
veterinarians currently licensed and residing in South Carolina. The names of
the nominees must be forwarded to the Governor by the association and the
Governor shall appoint one of the nominees as the member. The Governor may
reject any or all of the nominees upon satisfactory showing as to the unfitness
of those rejected. If the Governor declines to appoint any of the nominees so
submitted, additional nominees must be submitted in the same manner.
Vacancies must be filled in the manner of the original appointment for the
unexpired portion of the term.
The consumer advocate member must be exempt from voting on examination for
licensure of veterinarians.
The Governor may remove any member of the board who has been guilty of
continued neglect of his duties or who is found to be incompetent,
unprofessional, or dishonorable. No member may be removed without first giving
him an opportunity to refute the charges filed against him. He must be given a
copy of the charges at the time they are filed.
If a board member is disqualified and his absence results in the lack of a
quorum or an adequate number of members to perform official functions, the
Governor may appoint an individual to replace him during the period of
disqualification. This individual must meet the same qualifications as the
member he is replacing, and must take the same oath as required of other members
of the board.
Section 40-69-40. The Board shall organize by electing a chairman, a
vice-chairman, and a secretary-treasurer. The officers of the Board shall hold
office for terms of one year and until their successors are elected and qualify.
The Board shall meet at least once a year and at such other times as may be
ordered by the chairman. Any action of the Board may be taken at any regular or
special meeting and a majority of the members of the Board shall constitute a
quorum.
Section 40-69-50. Each member shall receive the same per diem, mileage, and
subsistence as provided by law for members of state boards, commissions, and
committees for each day actually engaged in the duties of office, including a
reasonable number of days for the preparation and reviewing of examinations in
addition to such time actually spent in conducting examinations.
Section 40-69-60. The secretary-treasurer of the Board shall keep records of all
the proceedings of the Board, shall receive and account for all monies received
by the Board and shall keep a register of licenses showing the dates of
applications for licenses to practice veterinary medicine. All licenses issued
by the Board must be numbered and recorded by the secretary-treasurer, and where
a license is denied by the Board to any applicant, the fact and grounds for the
denial must be entered in the minutes of the Board. The time of issuance or
denial of a license must be noted along with the names of those Board members
present and such file or record must be open to public inspection. Where a
license is denied to an applicant or if a license is revoked or suspended, the
fact and ground of the action must be communicated in writing to the applicant
or holder of the license.
Information received by the Board through inspections and investigations must
be confidential and must not be disclosed except in a proceeding involving the
issuance, denial, renewal, suspension, or revocation of a license.
Section 40-69-70. The powers and duties of the Board must include, but not be
limited to, the following:
(1) To adopt and promulgate regulations, pursuant to the State Administrative
Procedures Act, governing the practice of veterinary medicine as are necessary
to enable it to carry out and make effective the purpose and intent of this
article. These regulations may include minimum standards for all facilities
where veterinary medicine is practiced and minimum standards for continuing
education for relicensure;
(2) To adopt rules of professional conduct appropriate to establish and
maintain a high standard of integrity, skills, and practice in the profession of
veterinary medicine. In prescribing such rules of professional conduct, the
Board may be guided by the principles of veterinary medical ethics adopted by the
American Veterinary Medical Association and the South Carolina Association of
Veterinarians;
(3) To print its regulations and distribute them to all persons licensed to
practice veterinary medicine in this State;
(4) To bring proceedings in courts for the enforcement of this article or any
regulations made pursuant thereto;
(5) To establish qualifications for persons wishing to be licensed to practice
veterinary medicine;
(6) To pass upon the qualifications of applicants for a license to practice
veterinary medicine in this State;
(7) To approve schools and colleges of veterinary medicine which maintain
sufficient standards of training and reputability;
(8) To prescribe the subjects, character, manner, time, and place of holding
examinations and the filing of applications for
examinations and to conduct the examinations;
(9) To issue temporary permits or licenses to duly qualified applicants;
(10) To provide for, regulate, and require all persons licensed in accordance
with the provisions of this article to renew their license annually;
(11) To conduct investigations and hearings upon complaints calling for
discipline of a licensee or applicant for license;
(12) To take testimony on any matter under its jurisdiction and to administer
oaths;
(13) To issue summons and subpoenas, including subpoenas duces tecum, for any
witness, in connection with any matter within the jurisdiction of the Board,
which must be signed by either the chairman or the secretary-treasurer of the
Board;
(14) To employ investigators and clerical assistance or any other necessary
personnel;
(15) To inspect licenses;
(16) To conduct investigations of all alleged violations; and
(17) To prosecute according to law or instigate the prosecution of all
violators of this chapter.
(18) To adopt regulations for the sale and dispensing of prescriptions and
controlled veterinary drugs, pharmaceuticals, and biologics in accordance with
federal and state laws.
Section 40-69-80. Any person wishing to practice veterinary medicine in this
State shall obtain a license from the Board. Unless the person shall have
obtained a license it must be unlawful for him to practice veterinary medicine
as defined herein and if he shall so practice he must be considered to have
violated the provisions of this article.
The board shall conduct examinations of all applicants and the board may
examine any applicant who submits satisfactory evidence that he:
(a) Is a graduate of a school or college of veterinary medicine approved by the
board or holds an Education Commission of Foreign Veterinary Graduates
Certificate;
(b) Is of good moral character;
(c) Has paid the required fee.
Section 40-69-90. The Board may issue a temporary license to practice veterinary
medicine to an applicant provided the applicant meets the following
qualifications:
(1) Meets all qualifications and requirements of Section 40-69-80;
(2) Has filed an application to take the examination;
(3) Is permanently located at some designated place in the State;
(4) Pays temporary license fee of fifteen dollars, which fee must be in
addition to the examination fee;
(5) Holds a current and valid license to practice veterinary medicine in
another state of the United States.
Individuals failing to pass the examination for a license in this State must
not be issued a temporary license.
The temporary license shall entitle the holder to practice only until the Board
has acted upon his application for a permanent license after he completes the
next regularly scheduled examination, and is not renewable, and only one such
license must be issued to any one person. Provided, however, any person who is
unable to attend the examination because of illness, accident or other reasonable
condition beyond his control, may, in the discretion of the Board, have his
temporary license renewed until the Board is able to act on his application after
he completes the required examination.
Section 40-69-100. Any person desiring to take the examination for license to
practice veterinary medicine shall make application in writing to the Board on
forms prescribed by the Board at least fourteen days before the examination. The
application must be accompanied by the examination fee which must be set by the
Board.
Fees must not be returned under any circumstances, regardless of whether the
applicant is accepted for examination, fails the examination, withdraws his
application, or is issued or denied a license. Provided, however, if an
applicant fails to take the examination for a legitimate reason, the Board may
allow him to take the examination at a later date, without having to pay another
fee.
After the Board accepts the application and finds that the applicant is
otherwise qualified to meet the requirements necessary to practice veterinary
medicine, the applicant may be examined by the Board at its next meeting. The
Board shall give notice to the applicant of the exact time and place of the
examination.
Section 40-69-110. The examination of applicants for licenses to practice
veterinary medicine must be conducted under regulations adopted by the Board.
(1) The Board shall, except as otherwise provided herein, require the applicant
to take a written examination in veterinary anatomy, veterinary surgery,
veterinary physiology, veterinary pathology, veterinary obstetrics, veterinary
materia medica, and veterinary practice, chemistry, and such other subjects
related to veterinary medicine as the Board may require, or the Board may accept
the results of the written examination conducted by the National Board of
Veterinary Examiners in lieu of requiring the applicant to take a written
examination given by the Board.
(2) The Board may also require that the applicant undergo a clinical, oral, or
practical examination in addition to the written examination.
(3) The Board shall establish a minimum passing grade for each examination
given by the Board.
If the applicant makes the minimum passing grade on the examination as
established by the Board and the Board finds that the applicant is otherwise
worthy, competent, and qualified, it shall issue him a license to practice
veterinary medicine in this State.
Section 40-69-120. The Board must issue a license, without written examination,
to a qualified applicant who is licensed to practice veterinary medicine in
another state which has a reciprocal licensing agreement with this State if the
applicant furnishes satisfactory proof that he is a graduate of an approved
veterinary college, is in good standing in his respective state, and holds a
license to practice veterinary medicine in that state. Provided, however, that
no person may be licensed under this section except upon proof that he has taken
and passed a written examination in at least one of the states in which he is
licensed.
The Board shall enter into reciprocal licensing agreements with other states
having substantially equivalent licensing requirements.
Section 40-69-130. Each person licensed by the Board shall pay an annual fee,
as determined by regulation of the Board. The fee is due and payable on the
first day of January of each year. Failure to pay the annual fee on or before
the first day of February of each year shall render the license void. Upon a
showing of a reasonable explanation and payment of all sums due, the veterinarian
may petition for reinstatement. The Board may assess a reinstatement fee as may
be set by regulation.
The Board may also issue a duplicate license to replace one that has been lost
or destroyed upon payment of a fee set by regulation of the Board. Each duplicate
license shall have the word "Duplicate" typed or printed across the
face thereof.
Section 40-69-140. The Board may deny, suspend, revoke or otherwise restrict the
license of any veterinarian or reprimand, or otherwise discipline licensees for
the following reasons as determined by the Board:
(1) Violation of any provisions of this article or any regulations promulgated
by the Board.
(2) The use of any false, fraudulent, or forged statement or document or any
fraudulent, deceitful, or dishonest act by the holder of a license in connection
with any of the license requirements.
(3) Failure to display a license.
(4) Having caused to be published or circulated directly or indirectly any
fraudulent, false, or misleading statements as to the skill or methods of
practice of any licensee.
(5) Misrepresentation in the inspection of food for human consumption.
(6) The use of any false or fraudulent statement in any document connected
with the practice of veterinary medicine.
(7) Obtaining fees or assisting in obtaining such fees under deceptive, false,
or fraudulent circumstances.
(8) Failure to provide and maintain facilities as directed by regulation of the
Board.
(9) Refusing to permit the Board or any legal representative of the Board to
inspect the business premises of the licensee during regular business hours.
(10) Circulating knowingly untrue, fraudulent, misleading, or deceptive
advertising.
(11) The use of solicitors or peddlers to obtain patronage.
(12) Unprofessional or unethical conduct, or engaging in practices in
connection with the practice of veterinary medicine which are in violation of the
standards of professional conduct, as defined herein or prescribed by regulations
of the Board.
(13) Conduct determined by the Board to be incompetent or negligent in the
practice of veterinary medicine.
(14) The making of any false statement in any oath or affidavit which is
required by this article.
(15) Revocation by another state of a license to practice veterinary medicine
in that state.
(16) Conviction on a charge of cruelty to animals.
(17) Conviction of any federal or state law relating to narcotic drugs.
(18) Physical or mental impairment or any disability which renders practice
dangerous to the public.
(19) Performance of any act which in any way assists a person to practice in
violation of this article.
(20) Misuse of controlled substances for other than specific treatment of
animal patients.
(21) Having employed or permitted a person who does not hold a license to
practice veterinary medicine in this State to perform work which, under this
article, can lawfully be done only by persons holding a license to practice
veterinary medicine.
(22) The practice of veterinary medicine while under either the influence of
either alcohol or any drug to such a degree as to adversely affect the
performance of his professional obligations and duties.
(23) Having been adjudged mentally incompetent by a court of competent
jurisdiction; provided that upon notice of a legal determination or incompetency,
an individual's license shall be automatically suspended until he is adjudged
legally competent.
(24) Failure to report, as required by law, or making false report of any
contagious or infectious disease.
(25) Conviction of a felony or any crime involving moral turpitude.
Forfeiture of a bond or a plea of nolo contendere must be considered the
equivalent of a conviction.
Section 40-69-150. Any person, including the Board, may prefer charges of fraud,
deceit, negligence, incompetence, or misconduct against any person licensed to
practice veterinary medicine by this article.
The charges must be made to the Board, in writing, and sworn to by the person
so charging and must be submitted to the secretary-treasurer of the Board.
Specific procedures relating to the filing and hearing of these charges shall
conform to the State Administrative Procedures Act and must be detailed in the
regulations promulgated by the Board.
Section 40-69-160. The Board may reissue a license to or reinstate the license
of a person whose license was previously revoked or suspended if a majority of
the members of the Board vote in favor of such reissuance or reinstatement. The
Board may assess a reinstatement or reissue fee as set by regulation of the
Board.
Section 40-69-170. All persons licensed to practice veterinary medicine by the
Board shall conspicuously display in the place of practice at all times a current
license issued by the Board.
Section 40-69-180. All revenues and income from licenses, examination fees,
other fees, sale of commodities and services, and income derived from any other
Board source or activity must be remitted to the State Treasurer as collected
when practicable, but at least once each week, and must be credited to the
general fund of the State. All assessments, fees, or licenses must be levied
pursuant to the State Administrative Procedures Act in an amount sufficient or
at least equal to the amount appropriated in the annual general appropriations
act for the Board, plus any additional funds allocated by the Budget and Control
Board for implementation of the state's personnel compensation plan.
Section 40-69-190. The Board shall make an annual report in accordance with the
provisions of Chapter 73 of Title 40.
Section 40-69-200. Any person who practices or attempts to practice veterinary
medicine for consideration in this State without first having complied with the
provisions of this article, or who knowingly presents to or files false
information with the Board for the purpose of obtaining a license, is guilty of
a misdemeanor and upon conviction must be fined not less than five hundred nor
more than twenty five hundred dollars or imprisonment for not less than thirty
days. Each act of unlawful practice shall constitute a separate offense.
Section 40-69-210. Whenever the Board has reason to believe that any person is
violating or intends to violate any provision of this article, it may, in
addition to all other remedies, order the person to immediately desist and
refrain from that conduct. The Board may apply to the court of common pleas for
an injunction restraining the person from that conduct. The court may issue a
temporary injunction ex parte and upon notice and full hearing may issue any
other order in the matter as it deems proper. No bond must be required of the
Board by the court as a condition to the issuance of any injunction or order
contemplated by the provisions of this section.
No member of the Board or its committees, special examiners, agents, and
employees may be held liable for acts performed in the course of official duties,
except where actual malice is shown. For the purpose of any investigation or
proceeding under the provisions of this article, the Board or any person
designated by it may administer oaths and affirmations, subpoena witnesses, take
evidence, and require the production of any documents or records which the Board
deems relevant to the inquiry.
Section 40-69-220. No person shall engage in the practice of veterinary medicine
in this State without a current and valid license for that purpose issued by the
Board. Nothing in this article must be construed to prohibit:
(1) Any person who is a regular student, technician, or instructor in a
legally chartered educational institution from the performance of those duties
and actions conducted as a responsibility in teaching and research.
(2) Any veterinarian holding a current and valid license in some other state
from acting as a consultant with a licensed veterinarian of this State.
(3) Any veterinarian who is a member of the Armed Forces of the United States
or who is an employee of the United States Department of Agriculture, the United
States Public Health Service, or other federal agency or the State of South
Carolina or political subdivision thereof from performing official duties in
accordance with his employment.
(4) Any person or his regular employee from administering to his own animals,
except when his ownership is so vested for the purpose of circumventing the
provisions of this article and except when the employee is so employed for the
purpose of circumventing the provisions of this article. However, the
administration to the animal must be in compliance with all federal, state, and
local laws.
(5) State or federal agencies, accredited schools, research institutions,
foundations, corporations or employees thereof, which or who conduct experiments
and scientific research using animals, provided the research or testing is
performed in compliance with all federal, state, and local laws.
(6) Any person from performing artificial insemination to animals.
(7) Initiation of prescribed emergency procedures in life threatening
situations by an animal health technician employed by a licensed veterinarian.
(8) Any merchant from selling at his regular place of business medicines, feed,
appliances or other animal health products provided all sales are done in
compliance with all federal, state, and local laws and in accordance with the
regulations promulgated by the Board.
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |