SB 604 — Amend NC Veterinary Practice Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 604 Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/2/19 Short Title:

Senator Rabon (Primary Sponsor).

Rules and Operations of the Senate April 4, 2019 A BILL TO BE ENTITLED AN ACT TO REGULATE IMPAIRMENT IN VETERINARY PRACTICE, ALLOW VETERINARY FACILITY PERMITTING, AND MAKE TECHNICAL CORRECTIONS.

90-187.8(c)187.8(c) reads as rewritten:

…." PARTSECTION II.1.(c) This section is effective when it becomes law.

CLARIFYPART EXEMPTEDII. PRACTICES SECTION 2.

FACILITY PERMITTING SECTION 2.

90-187.10 reads as rewritten:

"§ 90-187.10.

Necessity for license;

certain practices exempted.

No person shall engage in the practice of veterinary medicine or own all or part interest in a veterinary medical practice in this State or attempt to do so without having first applied for and obtained a license for such purpose from the North Carolina Veterinary Medical Board, or without having first obtained from the Board a certificate of renewal of license for the calendar year in which the person proposes to practice and until the person shall have been first licensed and registered for such practice in the manner provided in this Article and the rules and regulations of the Board.

Nothing in this Article shall be construed to prohibit:

*S604-v-2* General Assembly Of North Carolina Session 2019 (1) Any person from administering to animals, the title to which is vested in food animals or to animals maintained for the production of food or fiber;

administering first aid, not including surgical or invasive procedures, to companion animals in emergency situations;

or administering routine disease prevention pharmaceuticals to companion animals;

provided that the animals are owned by the person or the person's employer, except when the title is so vested the ownership is asserted for the purpose of circumventing the provisions of this Article;

…." SECTION 3.

G.S.

and whetherornot actingas aprincipal, trustee, fiduciary,receiver, or as any kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person." PARTSECTION III.3.(a) G.S.

FACILITY PERMITTING SECTION 4.(a) G.S.

90-186 is amended by adding two new subdivisions to read:

"(8) Pursuant to administrative rule, the Board may establish all provisions and requirements for a veterinary facility permit, the issuance of which shall be required for any facility where veterinary medicine is practiced, except for animal shelters registered with the Department of Agriculture and Consumer Services.

(9) Pursuant to administrative rule, the Board may establish all provisions and requirements for a supervising veterinarian for each veterinary facility maintaining a valid veterinary facility permit." SECTION 4.(b) The Veterinary Medical Board shall adopt rules to implement subsection (a) of this section.

SECTION 5.(a) G.S.

*S604-v-1* General Assembly Of North Carolina Session 2019 (a) In order to accurately inform the public of the levels of service offered, a veterinary practice facilityshall use in its name one of the descriptive terms defined in subsection (b) of this section.

(3) "Mobile facility" means a veterinary practice conducted from a vehicle with special medical orsurgical facilitiesorfrom avehiclesuitableonlyformaking Page 2 Senate Bill 604-Second Edition General Assembly Of North Carolina Session 2019 house or farm calls;

(d) Those facilities existing and approved by the Board as of December 31, 1993, may continue to use their approved name or designation until there is a partial or total change of ownership of the facility, at which time the name of the veterinary practice facility shall be changed, as necessary, to comply with this section." SECTION 5.(b)3.(b) G.S.

… (3) Upon complaint or information received by the Board, prohibit through summary emergency order of the Board, prior to a hearing, the operation of any veterinary practice facility that the Board determines is endangering, or Page 2 Senate Bill 604-First Edition General Assembly Of North Carolina Session 2019 mayendanger, the public health or safetyor the welfare and safetyof animals, and suspend the license of the veterinarian operating the veterinary practice facility, provided that upon the issuance of any summary emergency order, the Board shall initiate, within 10 days, a notice of hearing under the administrative rules issued pursuant to this Article and Chapter 150B of the General Statutes for an administrative hearing on the alleged violation;

…." SECTION 6.(a)4.(a) G.S.

90-186 is amended by adding new subdivisions to read:

"(8) Pursuant to administrative rule, the Board may establish all provisions and requirements for a veterinary facility permit, the issuance of which shall be required for any facility where veterinary medicine is practiced, except for those facilities exempted by law.

(9) Pursuant to administrative rule, the Board may establish all provisions and requirements for a supervising veterinarian for each veterinary facility maintaining a valid veterinary facility permit." SECTION 4.(b) G.S.

No person individual shall engage in the practice of veterinary medicine or own all or part interest in a veterinary medical practice in this State or attempt to do so without having first Senate Bill 604-Second Edition Page 3 General Assembly Of North Carolina Session 2019 applied for and obtained a license for such purpose from the North Carolina Veterinary Medical Board, or without having first obtained from the Board a certificate of renewal of license for the calendar year in which the person proposes to practice and until the person shall have been first licensed and registered for such practice in the manner provided in this Article and the rules and regulations of the Board.a veterinary license from the Board.

…." SECTION 6.(b)4.(c) G.S.

90-187.11187.11 is repealed.

SECTION 6.(c)4.(d) G.S.

90-187.12187.12 reads as rewritten:

If any person shallAnshall An individual shall be guilty of a Class 1 misdemeanor if the individual engages in any of the following activities:

Senate Bill 604-First Edition Page 3 General Assembly Of North Carolina Session 2019 said person shall be guilty of a Class 1 misdemeanor.