Senate Bill No. 100–Committee on Commerce and Labor

(On Behalf of Board of Veterinary Medical Examiners)

February 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing veterinarians, euthanasia technicians and veterinary technicians. (BDR 54-237)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the care of animals; revising certain requirements concerning the licensing of veterinarians; revising the grounds for disciplinary action against

veterinarians, euthanasia technicians and veterinary technicians; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 638.105 is hereby amended to read as follows:

1-2 638.105 1. The board may in its discretion license an applicant

1-3 solely on the basis of oral interviews and practical demonstrations upon sufficient proof that the 1-4 applicant has, within the previous 5 years,

1-5 successfully passed [the clinical competency examination and the national board examination.] any 1-6 examination approved by:

1-7 (a) The board; and

1-8 (b) A national testing service for veterinary medicine that has been

1-9 approved by the board.

1-10 2. The board may, upon payment of the fee prescribed under NRS

1-11 638.100, license without examination any person who is a diplomate from an approved specialty 1-12 board of the American Veterinary Medical

1-13 Association. The veterinary practice of any person who is licensed pursuant to this subsection is 1-14 limited to the specialty in which the person is

1-15 certified.

2-1 If an applicant for a license under this section is denied a license, any fee [or fees] tendered by him 2-2 may be returned to him at the discretion of the

2-3 board.

2-4 Sec. 2. NRS 638.110 is hereby amended to read as follows:

2-5 638.110 1. Except as otherwise provided by NRS 638.105, each applicant for an initial license 2-6 must pass [the] :

2-7 (a) The state examination administered by the board [, the clinical competency examination and the 2-8 national board examination. The board

2-9 may require the applicant to complete any] ; and

2-10 (b) Any other examination approved by the board [or the American

2-11 Veterinary Medical Association.] and a national testing service for veterinary medicine that has 2-12 been approved by the board.

2-13 2. The board shall adopt regulations prescribing the requirements for the examination of an 2-14 applicant.

2-15 3. The written examination required of an applicant may be supplemented by such oral interviews 2-16 and practical demonstrations as the

2-17 board considers necessary.

2-18 4. If the board denies an applicant a license because the applicant did

2-19 not comply with the requirements of this section, the board is not required to return the fee submitted 2-20 with his application.

2-21 Sec. 3. NRS 638.140 is hereby amended to read as follows:

2-22 638.140 The following acts, among others, are grounds for

2-23 disciplinary action:

2-24 1. Violation of a regulation adopted by the state board of pharmacy or

2-25 the Nevada state board of veterinary medical examiners;

2-26 2. Habitual drunkenness;

2-27 3. Addiction to the use of a controlled substance;

2-28 4. Conviction of or a plea of nolo contendere to a felony, or any

2-29 offense involving moral turpitude;

2-30 5. Incompetence [, gross negligence or other malpractice] ;

2-31 6. Negligence;

2-32 7. Malpractice pertaining to veterinary medicine as evidenced by an

2-33 action for malpractice in which the holder of a license is found liable for damages;

2-34 [6.] 8. Conviction of a violation of any law concerning the possession, distribution or use of a 2-35 controlled substance or a dangerous drug as defined

2-36 in chapter 454 of NRS;

2-37 [7.] 9. Willful failure to comply with any provision of this chapter, a

2-38 regulation, subpoena or order of the board, the standard of care established by the American 2-39 Veterinary Medical Association, or an order of a court;

2-40 [8.] 10. Prescribing, administering or dispensing a controlled substance to an animal to influence 2-41 the outcome of a competitive event in

2-42 which the animal is a competitor;

3-1 [9.] 11. Willful failure to comply with a request by the board for

3-2 medical records within 14 days after receipt of a demand letter issued by the board;

3-3 [10.] 12. Willful failure to accept service by mail or in person from the board;

3-4 [11.] 13. Failure of a supervising veterinarian to provide immediate or direct supervision to 3-5 licensed or unlicensed personnel if the failure results

3-6 in malpractice or the death of an animal; and

3-7 [12.] 14. Failure of a supervising veterinarian to ensure that a licensed

3-8 veterinarian is on the premises of a facility or agency when medical treatment is administered to an 3-9 animal if the treatment requires direct or

3-10 immediate supervision by a licensed veterinarian.

3-11 Sec. 4. 1. This section and section 3 of this act become effective on

3-12 October 1, 1999.

3-13 2. Sections 1 and 2 of this act become effective on October 1, 2000.

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