WEST virginia legislature
2020 regular session
Introduced
House Bill 4813
By Delegates Steele and Foster
[Introduced February 11, 2020; Referred to the Committee on Agriculture and Natural Resources then Government Organization]
A BILL to repeal §30-10-10, §30-10-11, §30-10-12, and §30-10-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-10-1, §30-10-3, §30-10-4, and §30-10-6 of said code, all relating to veterinary technicians or animal euthanasia technicians; providing that a licensed veterinarian is responsible for ensuring staff performing tasks have received education, training, guidance, and supervision from a licensed veterinarian; providing for altered definitions; providing for a person of a licensed veterinarian’s staff appointed to the board; providing that a veterinary staff member cannot be employed by a licensed veterinarian also appointed or currently serving on the board; and providing for removal of the animal euthanasia technician program.
Be it enacted by the Legislature of West Virginia:
Article 10. Vetrinarians.
§30-10-1. Unlawful acts.
(a) It is unlawful for any
person to practice or offer to practice veterinary medicine, veterinary
technology or animal euthanasia in this state without a license registration
or certificate issued under the provisions of this article, or advertise or
use any title or description tending to convey the impression that they are a
veterinarian veterinary technician or animal euthanasia technician
unless such person has been duly licensed registered or certified under
the provisions of this article.
(b) A business entity may
not render any service or engage in any activity which, if rendered or engaged
in by an individual, would constitute the practice of veterinary medicine,
except as provided in subsection (c) of this section, veterinary
technology or animal euthanasia, except through a licensee. registrant
or certificate holder
(c) A business entity may employ persons other than a licensed veterinarian to perform tasks that could be considered veterinary medicine only under the supervision or authorization of a licensed veterinarian. The licensed veterinarian is responsible for ensuring that persons employed by the business and performing tasks that could be considered veterinary medicine have received the proper education, training, guidance, or supervision by a licensed veterinarian.
§30-10-3. Definitions.
As used in this article, the following words and terms have the following meanings:
(a) “Animal” means any animal other than human, and the
term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic,
living or dead.
(b) “Animal control facility” means a municipal or county
operated humane society or animal shelter incorporated and organized under the
laws of this state, or a humane society or an animal shelter classified as
501(c)(3) by the Internal Revenue Service. with at least one certified
animal euthanasia technician
(c) “Applicant” means a person making application for a
license, certificate, registration or permit, under the
provisions of this article.
(d) “Board” means the West Virginia Board of Veterinary
Medicine.
(e) “Business entity” means any firm, partnership,
association, company, corporation, limited partnership, limited liability
company or other entity performing veterinary medicine, veterinary technology
or animal euthanasia.
(f) “Certificate” means
an animal euthanasia technician certificate issued under the provisions of this
article.
(g) “Certificate holder”
means a person holding a certificate issued under the provisions of this
article.
(h) “Certified animal
euthanasia technician” means a person who is certified by the board to
euthanize animals in accordance with the provisions of this article
(i) “General supervision” means the supervising
veterinarian is in the building where the animal is being treated, has given
instructions for treatment and is quickly and easily available.
(j) “Indirect supervision” means the performance of
procedures on the orders of a supervising veterinarian.
(k) “License” means a veterinary medicine license issued
under the provisions of this article.
(l) “Licensee” means a person holding a license issued
under the provisions of this article.
(m) “Permit” means a temporary permit to practice
veterinary medicine issued by the board.
(n) “Permittee” means a person holding a permit issued
under the provisions of this article.
(o) “Practice of veterinary medicine” means to diagnose,
treat, correct, change, relieve or prevent any disease, deformity, defect,
injury, or other physical or mental condition, of any animal, or to prescribe
for or to administer to any animal any drug, medicine, biologic, apparatus,
application, anesthetic or other therapeutic or diagnostic substance or
technique, or to render advice or any recommendation with respect to any of the
foregoing.
(p) “Practice of veterinary technology” means the science
and art of providing all aspects of professional medical care, services and
treatment for animals with the exceptions of diagnosis, prognosis, surgery,
prescription and application of any treatments, drugs, medications or
appliances, where a valid veterinarian-client-patient relationship exists.
(q) “Registered
veterinary technician” means a person who is duly registered to practice
veterinary technology under the provisions of this article.
(r) “Registrant” means a
person holding a registration issued under the provisions of this article.
(s) “Registration” means
a veterinary technician registration issued under the provisions of this
article
(t) “Supervising veterinarian” means a veterinarian,
licensed under this article, who assumes responsibility for the professional
care given to an animal by a person authorized by this article to work under
his or her general or indirect supervision.
(u) “Veterinarian” means a person who is licensed to
practice veterinary medicine under the provisions of this article.
(v) “Veterinary assistant” means a person who has not
met the requirements for becoming a registered veterinary technician. The
duties and tasks of a veterinary assistant are is instructed from
and directly supervised by a licensed veterinarian, who is accountable for the
veterinary assistant's actions. The supervising veterinarian is responsible for
determining the ability and competence of the veterinary assistant to perform
the directed task or procedure.
(w) “Veterinarian-client-patient relationship” means a
relationship between a veterinarian, a client and a patient, and exists when:
(1) A veterinarian assumes responsibility for medical judgments regarding the health of an animal and the client who is the owner or other caretaker of the animal agrees to follow the veterinarian's instructions; or
(2) A veterinarian, through personal examination of an animal or a representative sample of a herd or flock, obtains sufficient information to make at least a general or preliminary diagnosis of the medical condition of the animal, herd or flock, which diagnosis is expanded through medically appropriate visits to the premises where the animal, herd or flock is kept.
§30-10-4. Board of Veterinary Medicine.
(a) The West Virginia Board of Veterinary Medicine is continued. The members of the board in office on July 1, 2010, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint:
(1) A registered
veterinary technician competent member of a licensed veterinarian’s
staff that is capable of performing tasks under general supervision and has met
other requirements as established by the board, for a term of five years;
and
(2) A licensed veterinarian for a term of four years.
(c) Commencing July 1, 2010, the board shall consist of the following nine members, appointed by the Governor by and with the advice and consent of the Senate:
(1) Six members licensed to practice veterinary medicine in this state;
(2) One member registered to practice veterinary technology in this state; and
(3) Two citizen members, who are not licensed, registered, certified or permitted under the provisions of this article, and who do not perform any services related to the practice of the professions regulated under the provisions of this article.
(d) After the initial appointment term, the appointment term is five years. A member may not serve more than two consecutive terms. A member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term. A member may continue to serve until his or her successor has been appointed and qualified.
(e) Each licensed or
registered member of the board, at the time of his or her appointment, must
have held a license or registration in this state for a period of not
less than three years immediately preceding the appointment.
(f) Each member of the board must be a resident of this state during the appointment term.
(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.
(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(i) A licensed or
registered member of the board immediately and automatically forfeits
membership to the board if his or her license or registration to
practice is suspended or revoked.
(j) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as chairperson and one member as secretary-treasurer who shall serve at the will and pleasure of the board.
(l) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) A veterinary
technician member person appointed under subsection (b), subdivision (1)
of this section may not be employed by a veterinarian on the board.
(o) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson or upon the written request of three members, at the time and place as designated in the call or request.
(p) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§30-10-6. Rule-making authority.
(a) The board shall propose rules for legislative approval, in accordance with the provisions of §29A-3-1 et seq. of this code, to implement the provisions of this article, including:
(1) Standards and
requirements for a license, and permit, certificate and
registration;
(2) Educational and experience requirements;
(3) Procedures for examinations and reexaminations;
(4) Requirements for third parties to prepare, administer or prepare and administer examinations and reexaminations;
(5) The passing grade on the examination;
(6) Standards for approval of courses;
(7) Establish a certified
animal euthanasia technician's program
(8)(7)
Procedures for the issuance and renewal of a license or permit certificate
and registration;
(9)(8) A fee
schedule;
(10)(9)
Continuing education requirements;
(11)(10) Set
standards for ethical conduct;
(12)(11)
Establish procedures and requirements for facility inspections;
(13)(12) Clarify
the veterinarian-client-patient relationship;
(14)(13) The
procedures for denying, suspending, revoking, reinstating or limiting the
practice of a licensee, or permittee, certificate holder or
registrant;
(15)(14)
Requirements for a revoked license or permit certificate and
registration; and
(16)(15) Any
other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended, modified, repealed or replaced.
§30-10-10. Requirements for a registered veterinary technician.
[Repealed.]
§30-10-11. Scope of practice for registered veterinary technician.
[Repealed.]
§30-10-12. Requirements to be a certified animal euthanasia technician.
[Repealed.]
§30-10-13. Requirements for certified animal euthanasia technicians’ program.
[Repealed.]
NOTE: The purpose of this bill is to provide a veterinarian with supervisory authority over staff members employed at a business providing veterinarian services and to remove the registered veterinary technician and animal euthanasia technician certificate designations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.