SB 714 — Relating generally to practice of veterinary medicine

(14) The procedures for denying, suspending, revoking, reinstatingreinstating, or limiting the practice of a licensee, permittee, certificate holder certificant, or registrant;

(15) Requirements for a revoked license, permit, certificatecertificate, and registration;

CS for SB 714 (b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended, modified, repealedrepealed, or replaced.

Requirements for Veterinary License veterinary license.license or veterinary telehealth practitioner registration.

Intr SB 714 2026R3466 (1) Be of good moral character;

(2) (A) Be a graduate of (1) Have a degree from an American Veterinary Medical Association (AVMA)(AVMA)-accredited accredited school approved by the board;

CS for SB 714 (b) A person seeking a license under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.

(c) An applicant from another jurisdiction shall comply with all the requirements of this article or, if applicable, may proceed pursuant to the provisions of §30-1-27 of this code.code:

Provided, That the board may issue a license to an applicant who holds and, for the five years immediately preceding the submission of his or her application, has held an active license, or similar credential, in good standing to practice veterinary medicine in a state, district, or territory of the United States that has licensure requirements that are substantially equivalent to the requirements of this article, and who avers that his or her license has never been suspended or revoked as a result of a disciplinary action in any state, district, or territory in which he or she has held a license to practice as veterinary medicine:

Provided, however, That the board may require by rule, promulgated pursuant to §29A-3-1 et seq., that an applicant must provide a letter of good standing or other documentation demonstrating that his or her license has never been suspended or revoked as a result of a disciplinary action in each state, district, or territory where he or she holds and has held a license.

Intr SB 714 2026R3466 (e) An application for a license to practice veterinary medicine submitted to the board prior to July 1, 2010, shall be considered in conformity with the licensing provisions of this article and the rules promulgated thereunder in effect at the time of the submission of the application.

A person licensed or registered to practice veterinary medicine may do the following:

CS for SB 714 (b) Perform any operation or manipulation on, or apply any apparatus or appliance to, an animal.

(f) A veterinarian who provides emergency treatment (in a manner the veterinarian determines appropriate in accordance with the "Principles of Veterinary Medical Ethics" of the American Veterinary Medical Association) toAssociation) to an ill or injured animal on the veterinarian's own initiative (if the owner is not present or able to be reached via electronic means), or at the request of a person other than the animal's owner, isowner, is not liable to the owner for damages to the animal unless the veterinarian commits gross negligence or violates any current law. law. Intr SB 714 2026R3466 (1) The veterinarian may perform euthanasia based on the examination of the animal and is performing the humane act necessary to relieve the animal's pain and suffering if present.  (2) For each animal treated, euthanized, or disposed of, the veterinarian and veterinary facility shall maintain a record that contains:

 (1) (A)The Allveterinarian legalmay requirementsperform seteuthanasia forthbased inon thisthe articleexamination andof relatedthe rulesanimal and inis addition: performing (B)the Ahumane physicalact descriptionnecessary ofto relieve the animal,animal's whichpain mayand include,suffering withoutif limitation,present. a photograph;

 (2) (C)For Theeach date the animal wastreated, deliveredeuthanized, to the veterinarian or atdisposed theof, veterinary facility;  (D) A description of the attempts made by the veterinarian orand veterinary facility toshall contactmaintain thea owner,record ifthat applicable;contains:

(E)(A) AAll listlegal ofrequirements anyset treatmentsforth orin carethis providedarticle byand therelated veterinarianrules orand veterinaryin facility; andaddition: (F) A description of how the animal was disposed of after a euthanasia, if applicable, or if the animal died naturally, along with the date.   §30-10-10.

(B) A physical description of the animal, which may include, without limitation, a photograph;

(C) The date the animal was delivered to the veterinarian or at the veterinary facility;

CS for SB 714 (D) A description of the attempts made by the veterinarian or veterinary facility to contact the owner, if applicable;

(E) A list of any treatments or care provided by the veterinarian or veterinary facility;

and (F) A description of how the animal was disposed of after a euthanasia, if applicable, or if the animal died naturally, along with the date.

§30-10-10.

Intr SB 714 2026R3466 (7) (6) Not have been convicted of a misdemeanor or felony that bears rational nexus to the practice of veterinary technology under the laws of any jurisdiction within five years preceding the date of application for registration which conviction remains unreversed;

CS for SB 714 (b) A person seeking registration under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.

(d) An applicant from another jurisdiction shall comply with all the requirements of this section:

Provided, That the board may issue a license to an applicant who holds and, for the five years immediately preceding the submission of his or her application, has held an active license, or similar credential, in good standing to practice veterinary technology in a state, district, or territory of the United States that has licensure requirements that are substantially equivalent to the requirements of this article, and who avers that his or her license has never been suspended or revoked as a result of a disciplinary action in any state, district, or territory in which he or she has held a license to practice as veterinary technology:

Provided, however, That the board may require by rule, promulgated pursuant to §29A-3-1 et seq., that an applicant must provide a letter of good standing or other documentation demonstrating that his or her license has never been suspended or revoked as a result of a disciplinary action in each state, district, or territory where he or she holds and has held a license.

CS for SB 714 (6) Administer immunizations that are not required by law to be administered by a licensed veterinarian;

Intr SB 714 2026R3466 (a) A registered veterinary technician shall be limited to the performance of duties under the directgeneral supervision of a West Virginia-licensed veterinarian.

(b) A registered veterinary technician may do perform the following under either general direct or indirect supervision:

and CS for SB 714 (10) Perform laboratory procedures.

radiography, ultrasonography, computed tomography, magnetic Intr SB 714 2026R3466 resonance imaging, and fluoroscopy and the administration of radio-opaque agents/materials;

(c) A veterinary technician may, without supervision, use emergency treatment procedures when an animal has been placed in a life-threatening condition and immediate treatment is CS for SB 714 necessary to sustain the animal's life.

The registered veterinary technician shall immediately take steps to secure the directgeneral supervision of a veterinarian.

Intr SB 714 2026R3466 (2) Have a high school diploma or GED Be at least 18 years of age;

(5) (6) Pass the writtenwritten, and and/orpractical skills, or written and practical skills examinations;

(9) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to abuse, neglect, violence, or of a sexual nature to a human or animal.animal;

and (7) (10) Complete all the other requirements established by the board.

CS for SB 714 (d) A person certified by another state or jurisdiction with certification requirements equivalent to, or exceeding, the certification standards of this state may be issued a certification under this section upon the submission of a completed application and the appropriate fees, as established by the board in legislative rules.

(a) The board shall may create a certified animal euthanasia technician's program.

The board shall may design this program to teach applicants for certification record keeping and the Intr SB 714 2026R3466 legal, safetysafety, and practical information needed to become a certified animal euthanasia technician.

(C) (3) RecordRecord-keeping keeping requirements for controlled substances;

(D) (4) Handling, inventory, security and proper storage of euthanasia drugs, solutionssolutions, and syringes;

(2) (c) The applicant shall pass the oral, written, or online examinations with a minimum correct score, as determined by the board, in order to be eligible to take the practical skills examination provided in subsection (c) (d) of this section.

(c) (d) In addition to the written examinations provided under subsection (b) (c) of this section, the board shall may administer a practical skills examination to an applicant who has CS for SB 714 successfully passed the written, oral, or online examinations.

(d) An applicant who successfully passes the written examinations and the practical skills Intr SB 714 2026R3466 examination required by this section shall sign a form authorizing the board to make inquiries through the United States Department of Justice, or any other legal jurisdiction or entity, for the purpose of determining the character and reputation of the applicant and other matters relating to the certification of the applicant.

and CS for SB 714 (e) Annually, before January 15, a certified animal euthanasia technician shall report to the board the number of animals euthanized at his or her facility during the previous calendar year.

(a) All persons regulated by the article shall annually or biennially before January 1,1 renew his or her license, registrationregistration, or certification by completing a form prescribed by the board, paying all applicable fees and submitting any other information required by the board.

(c) (b) The board shall charge a fee for each renewal and a late fee for any renewal not Intr SB 714 2026R3466 properly completed and received with the appropriate fee by the due date.

(d) (c) The board shall require as a condition of renewal that each licensee, registrantregistrant, and certificate holder certificant complete continuing education.

(f) (e) The Board board may authorize the waiving of the initial or renewal fee of a licensed veterinarian, or registered veterinarian technician, certified animal euthanasia technician, or an owner of a veterinary facility who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component, or honorably discharged veterans of those forces and their spouses, including surviving spouses of deceased service members who have not remarried.

(f) The Boardboard may authorize the waiving of the initial or renewal fee of a licensed veterinarian, registered veterinarian technician, certified animal euthanasia technician, or a veterinary facility whose household adjusted gross income is below 130 percent of the federal poverty level.

This also includes any person enrolled in a state or federal public assistance CS for SB 714 program including the Temporary Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

(b) The temporary permit is valid for a period not to exceed the next scheduled examination Intr SB 714 2026R3466 date first held following the issuance of the temporary permit and expires the day after the board gives written notice to the permittee of the results.

(a) The board may issue a temporary permit to practice veterinary medicine or veterinary technology to an individual licensed in good standing in another Jurisdictionjurisdiction or country upon approval of an application to the board for the following:

(1) Any veterinarian who is board-certified in an AVMAAVMA-recognized recognized specialty participating in a canine health screening clinic;

(2) Any veterinarian or veterinary technician during a Governmentgovernment-declared Declaredemergency; Emergency;

CS for SB 714 (d) If more than 10 days in a year is needed, an extension can be requested.

(b) A student of a veterinary school working under the direct general supervision of a licensed Intr SB 714 2026R3466 veterinarian;

CS for SB 714 (j) A person who disposes of the carcass of a dead animal;

Display of license, permit, registrationregistration, and certificate.

(a) The board shall prescribe the form for a license, permit, registrationregistration, and certificate and may issue a printed duplicate upon payment of a fee.

(b) Any person regulated by this article shall conspicuously display his or her license, Intr SB 714 2026R3466 permit, registration, or certification certificate at all of his or her principal business location locations.

(a) The board maymay, upon its own motion and shall or upon the written complaint of any personperson, or based upon the quarterly report from the Board of Pharmacy as required by §60A-9-1 et seq.

(d) Upon a finding that probable cause exists that the licensee, permittee, registrant, or certificate holder certificant has violated this article, the board may enter into a consent decree or hold a hearing for the suspension or revocation of the license, permit, registration, or certificate CS for SB 714 or the imposition of sanctions against the licensee, permittee, registrant, or certificate holder certificant.

(g) The board may, after notice and opportunity for hearing, deny, refuse to renew, suspend, or revoke the license, permit, registration, or certificate of, impose probationary Intr SB 714 2026R3466 conditions upon or take disciplinary action against, any licensee, permittee, registrant, or certificate holder certificant for any of the following reasons:

CS for SB 714 (1) Reprimand;

Intr SB 714 2026R3466 §30-10-20.

(a) Hearings shall be governed by the provisions of section§30-1-8 eight, article one of this chapter.code.

The board may accept, rejectreject, or modify the decision of the administrative law judge.

(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oathoath, and issue subpoenas and subpoenas duces tecum.

(e) If, after a hearing, the board determines the licensee, permittee, registrantregistrant, or certificate holder certificant has violated this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law, and a specific description of the disciplinary actions imposed.

CS for SB 714 Any licensee, permittee, registrant, or certificate holder certificant adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with §29A-5-4 of this code,code and may appeal any ruling resulting from judicial review in accordance with §29A-6-1 et seq.

Intr SB 714 2026R3466 (b) Any person violating a provision of this article is who is found guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 $1,000 nor more than $1,000 $5,000 or confined in jail not more than six months, or both fined and confined.

(1) "Interstate telehealth services" means the provision of telehealth services to a patient located in West Virginia by a registered veterinaryregistered care professional locatedveterinary care professional located in any other state or commonwealth of the United States. States. (2) "Personal examination" is a face to face, in person, examination of the patient.

(3)(2) "Registration""Personal meansexamination" anis authorizationa face to practiceface, veterinaryin medicine inperson, theexamination State of Westthe Virginiapatient. pursuant to §30-10-1 et seq.

of(3) this"Registration" code, whichmeans an authorization isto limitedpractice to providingveterinary interstatemedicine telehealthin services within the registrant’sState scope of practice. West (4)Virginia "Registrant"pursuant meansto an§30-10-1 individualet whoseq. holds a valid registration with the board.

of this code, which authorization is limited to providing interstate telehealth services within the registrant’s scope of practice.

(4) "Registrant" means an individual who holds a valid registration with the board.

patient and CS for SB 714 professional health-related education;

The term does not include internet questionnaires, email messages, or facsimile transmissions. transmissions. (6) "Veterinary care professional" means the official authorization by the board to engage in the practice of veterinary medicine.

(6) "Veterinary care professional" means the official authorization by the board to engage in the practice of veterinary medicine.

— (1) The practice of veterinary medicine occurs where the patient is located at the time telehealth services are provided.

(2) To provide veterinary care in the State of West Virginia via interstate telehealth services, an individual not otherwise licensed by the board must first apply for and obtain Intr SB 714 2026R3466 registration with the board using the application materials provided by the board and paying a fee of $300 equivalent to the veterinary application, examination, and license fee.

(3) To obtain registration with the board, an individual must be a licensed veterinarian inbe a licensed veterinarian in good standing in all other states in which he or she is licensed and not currently under investigation or subject to an administrative complaint.

(4) A registration with the board is subject to annual renewal on or before December 31 including,including but not limited to, the renewal fee of $250 equivalent to the veterinary license renewal fee and the submission of at least three patient records of West Virginia patients, if applicable.

The veterinary care professional shall perform an inin-person person exam within the 12 months prior, and at least every 12 months thereafter, or the telehealth service shall no longer be available to the patient.

and (B) 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 CS for SB 714 of the medical condition of the animal, herdherd, or flock, which diagnosis is expanded through medically appropriate visits to the premises where the animal, herdherd, or flock is kept;kept.

and (C) In the event of an imminent, life-threatening emergency, veterinary care may be provided in this state via telehealth services without an existing veterinarian-client-patient relationship or an in-person visit within 12 months.

Such standard of care shall require that a veterinarian-client-patient relationship first exist before telehealth services are provided and that a patient visit a veterinarian licensed in another Intr SB 714 2026R3466 jurisdiction or licensed by the board, in-person and within 12 months of using the initial telemedicine service, or the telemedicine service shall no longer be available to the patient.

Only in the event of an imminent, life-threatening emergency may veterinary care be provided in this state via telehealth services without an existing veterinarian-client-patient relationship or without an in-in-person person visit within 12 months.

CS for SB 714 (9) By registering to provide interstate telehealth services to patients in this state, a registrant is subject to:

Intr SB 714 2026R3466 (10) A registrant shall notify the board within 30 days of any restrictions placed upon, or actions taken against, his or her license to practice in any other state or jurisdiction.

NOTE:30

The purpose of this bill is to change the scope of practice and requirements to practice as a veterinarian, veterinary technician, and certified animal euthanasia technician in the state;

to change temporary permitting requirements of a veterinarian and veterinary technician;

and to increase certain criminal penalties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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