SB2502 SD1.DOC

SECTION 1. The purpose of this Act is to improve the level of care of animals in the State by:

(1) Establishing requirements for the regulation of veterinary technicians and the practice of veterinary technology under chapter 471, Hawaii Revised Statutes, relating to veterinary medicine;

(2) Establishing provisions relating to registration requirements, educational requirements, limitations on use of titles, grounds for refusal to grant and revocation or suspension of registration, hearings, and criminal penalties; and

(3) Requiring the board of veterinary examiners to issue certificates of registration to applicants beginning on July 1, 2018.

SECTION 2. Chapter 471, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§471- Veterinary technicians; registrations. (a) Except as otherwise provided in this chapter, beginning July 1, 2018, the board shall issue a certificate of registration to engage in the practice of veterinary technology as a veterinary technician to all applicants who meet the requirements of this chapter, upon payment of all applicable fees.

(b) All registrations issued by the board shall expire on June 30 of each even-numbered year. Failure to renew the registration on or before June 30 of each even-numbered year shall automatically constitute a forfeiture of the registration; provided that the registration shall be restored upon the submission of a written application and payment of all applicable fees.

(c) Notwithstanding any other provision, no registration shall expire while the registrant is serving on active duty in the armed forces of the United States during any emergency declared by the President or Congress and six months after the termination thereof."

SECTION 3. Section 471-1, Hawaii Revised Statutes, is amended by adding five new definitions to be appropriately inserted and to read as follows:

""Direct supervision" means a licensed veterinarian is physically present at the location where animal health care tasks are to be performed.

"Indirect supervision" means a licensed veterinarian is not physically present at a location, but has given direct orders in the form of written or oral instructions for the treatment of an animal and the animal has been examined by the veterinarian.

"Induce" means to initially administer a drug with the intended purpose of rendering an animal unconscious.

"Practice of veterinary technology" includes but is not limited to the following procedures only under the direct supervision of a licensed veterinarian:

(1) Inducing anesthesia;

(2) Applying casts and splints;

(3) Performing dental extractions;

(4) Suturing cutaneous and subcutaneous tissues, gingiva, and oral mucous membranes; and

(5) Creating a relief hold in the skin to facilitate placement of an intravenous catheter.

"Veterinary technician" or "registered veterinary technician" ("RVT") means a person who is registered in the State to engage in the practice of veterinary technology."

SECTION 4. Section 471-2, Hawaii Revised Statutes, is amended to read as follows:

"§471-2 License or registration required. (a) No person shall practice veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "Dr." or affix any other letters to the person's name with the intent thereby to imply that the person is a practitioner of veterinary medicine, without having a valid unrevoked license obtained from the board [~~of veterinary examiners~~]; provided that nothing in this chapter prevents or prohibits the following:

(1) Any person from gratuitously treating animals in case of emergency;

(2) The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner;

(3) Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;

(4) Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;

(5) Any person licensed to practice veterinary medicine in any state, or any certified scientist or professional in animal care, from practicing in this State when in actual consultation with or under the sponsorship of veterinarians of this State; provided that the person licensed from another state, or the certified scientist or professional in animal care, shall not open an office, or appoint a place to meet patients, or receive calls within the limits of the State;

(6) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry; or

(7) Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by permit; provided the applicant applies for and takes the first examination scheduled by the board. A permit shall not be renewed.

(b) No person shall practice veterinary technology, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "RVT" or affix any other letters to the person's name with the intent thereby to imply that the person is a practitioner of veterinary technology, without having a valid unrevoked registration as a veterinary technician obtained from the board; provided that nothing in this chapter prevents or prohibits the following:

(1) Any person from gratuitously treating animals in case of emergency;

(2) Any student enrolled in any program for veterinary technology from working under the direct supervision of a veterinarian;

(3) Any person from practicing veterinary technology in the employ of the United States government while engaged in the performance of the person's official duties; or

(4) Any person from assisting the veterinarian or veterinary technician while under the direct or indirect supervision of a licensed veterinarian or the direct supervision of a registered veterinary technician."

SECTION 5. Section 471-8, Hawaii Revised Statutes, is amended to read as follows:

"§471-8 Examinations; qualifications of applicants. (a) No person shall be licensed to practice veterinary medicine unless the person has passed an examination of the qualifications and fitness to engage in the practice of veterinary medicine given by the board of veterinary examiners. Before any applicant shall be eligible for examination under this chapter the applicant, at least sixty days before the date set for examination, shall file an application in the form as shall be prescribed by the board, pay to the department of commerce and consumer affairs application and examination fees, and furnish proof satisfactory to the board that the applicant:

(1) Is eighteen or more years of age; and

(2) Is a graduate of a veterinary college meeting all the standards established by the American Veterinary Medical Association, or, in lieu thereof, has actively practiced for ten out of twelve years immediately preceding the date of application in a state having standards for licensing comparable to those in this State.

(b) Examinations shall be given by the board twice each year except when there are no applications pending. They shall be composed of written questions, a part of which shall consist of those aspects of veterinary medicine common to the State on toxic substances, parasite diseases, unique soil conditions, and quarantine standards. The same questions shall be given to each person being examined during a particular examination. The subject matter of the examinations shall embrace the subjects and demonstrations of practical ability normally covered in the curricula of American veterinary colleges. The form of the examination shall be determined by the board. Applicants shall certify on the application that they have read, understood, and agree to comply with the laws and rules that the board determines are required for licensure.

The requirements imposed by this section shall not be a bar to renewal, reissuance, or restoration of any license issued prior to May 13, 1949.

(1) Is eighteen or more years of age;

(2) Has successfully completed a course of study at a program for veterinary technology accredited by the American Veterinary Medical Association Committee on Veterinary Technician Education and Activities; and

(3) Has successfully passed the Veterinary Technician National Examination.

Before any applicant shall be eligible for registration under this chapter, the applicant shall file an application in the form as shall be prescribed by the board and pay to the department of commerce and consumer affairs an application fee and all other applicable fees."

SECTION 6. Section 471-10, Hawaii Revised Statutes, is amended to read as follows:

"§471-10 Refusal to grant and revocation or suspension of license[.] or registration. (a) In addition to any other actions authorized by law, the board may refuse to grant, renew, reinstate or restore a license or registration for any cause which would be ground for revocation of a license or registration under the law.

(b) In addition to any other actions authorized by law, the board may revoke or suspend the license of any veterinarian[,] or the registration of any veterinary technician, fine a licensee[,] or registrant, or both, for any cause authorized by law, including but not limited to the following:

(1) Professional misconduct, gross negligence, or manifest incapacity;

(2) Violation of this chapter or the rules adopted pursuant thereto or any other law which applies to the licensee as a practicing veterinarian[;] or to the registrant as a practicing veterinary technician;

(3) Making any false representations or promises through advertising or otherwise;

(4) Habitual intemperance in the use of alcoholic beverages or addiction to the use of narcotic or dangerous substances;

(5) Mental incompetence;

(6) Any fraudulent, dishonest, or deceitful act in connection with the practice of veterinary medicine[;] or veterinary technology;

(7) Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;

(8) Revocation, suspension, or other disciplinary action by another state of a license [or], certificate, or registration, for reasons as provided in this section;

(9) Conviction of or plea of nolo contendere to a penal offense substantially related to the qualifications, functions, or duties of a veterinarian[,] or veterinary technician, notwithstanding any statutory provision to the contrary;

(10) Violation of chapter 329, the uniform controlled substances act, or any rule adopted pursuant thereto;

(11) Failure to report any disciplinary action taken against the licensee or registrant in another jurisdiction within thirty days after the disciplinary action becomes final; [or]

(12) Conduct or practice contrary to the recognized principles of medical ethics of the veterinary profession as adopted by the Hawaii Veterinary Medical Association [~~and~~], the American Veterinary Medical Association[.], and the Hawaii Veterinary Technician Association;

(13) Aiding and abetting an unlicensed or unregistered person in the practice of veterinary medicine or veterinary technology; or

(14) For veterinary technicians, practicing veterinary medicine that is outside the scope of practice of veterinary technology."

SECTION 7. Section 471-11, Hawaii Revised Statutes, is amended to read as follows:

"§471-11 Hearings. (a) In every case where it is proposed to refuse to grant, renew, reinstate, or restore a license or registration or to revoke or suspend the exercise of a license or registration for any of the causes enumerated in section 471-10, the person concerned shall be given notice and opportunity for hearing in conformity with chapter 91.

(b) In all proceedings before it, the board of veterinary examiners and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the board, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, any circuit judge, on application by the board, or any member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein."

SECTION 8. Section 471-15, Hawaii Revised Statutes, is amended to read as follows:

"[[]§471-15[]] Criminal penalties. Any person convicted of violating section 471-2 shall have committed a misdemeanor and be subject to a fine not to exceed $500 or imprisoned not more than six months, or both.

Additionally, all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine or veterinary technology by any person convicted of practicing veterinary medicine or veterinary technology without a license shall be declared forfeited to the State by the court and turned over to the board for disposition as it may choose to make."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2014.

THE SENATE	S.B. NO.	2502
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII