Mississippi Veterinary Practice Act; amend to include certain provisions for certified veterinary technicians.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 514

AN ACT TO AMEND SECTION 73-39-53, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE DEFINITION OF "VETERINARIAN-CLIENT-PATIENT 2
RELATIONSHIP" AS USED IN THE MISSISSIPPI VETERINARY PRACTICE ACT; 3
TO AMEND SECTION 73-39-55, MISSISSIPPI CODE OF 1972, TO ADD ONE 4
CERTIFIED VETERINARY TECHNICIAN AND ONE PUBLIC MEMBER TO THE BOARD 5
OF VETERINARY MEDICINE; TO PROVIDE CERTAIN QUALIFICATIONS FOR THE 6
PUBLIC MEMBER OF THE BOARD; TO AMEND SECTION 73-39-57, MISSISSIPPI 7
CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE AMOUNT OF 8
INSPECTION FEES TO BE PAID BY EACH LICENSED VETERINARIAN EMPLOYED 9
BY THE INSPECTED VETERINARY ESTABLISHMENT; TO AMEND SECTION 10
73-39-63, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM 11
USING THE TITLE OF VETERINARY TECHNOLOGIST OR TECHNICIAN UNLESS 12
CREDENTIALED BY THE BOARD; TO AMEND SECTION 73-39-69, MISSISSIPPI 13
CODE OF 1972, TO REMOVE THE REQUIREMENT FOR THE BOARD TO PROVIDE 14
AT LEAST ONE EXAMINATION FOR LICENSING EACH YEAR AND TO GIVE 15
PUBLIC NOTICE OF THE TIME AND PLACE OF EACH EXAMINATION; TO AMEND 16
SECTION 73-39-71, MISSISSIPPI CODE OF 1972, TO REMOVE PROVISIONS 17
AUTHORIZING THE BOARD TO ISSUE A LICENSE BY ENDORSEMENT; TO AMEND 18
SECTION 73-39-75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD 19
TO DETERMINE THE AMOUNT OF THE FEE FOR LICENSE RENEWAL; TO 20
INCREASE THE AGE OF LICENSED VETERINARIANS EXEMPT FROM PAYMENT OF 21
THE RENEWAL FEE FROM SIXTY-FIVE YEARS OF AGE OR OLDER TO SEVENTY 22
YEARS OF AGE OR OLDER; TO AMEND SECTION 73-39-77, MISSISSIPPI CODE 23
OF 1972, TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND THE 24
CERTIFICATION OF A VETERINARY TECHNICIAN OR TECHNOLOGIST; TO AMEND 25
SECTION 73-39-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD 26
TO DETERMINE THE AMOUNT OF THE FINE FOR A PERSON WHO PRACTICES 27
VETERINARY MEDICINE WITHOUT A VALID LICENSE OR USING THE TITLE 28
CERTIFIED VETERINARY TECHNICIAN OR CERTIFIED VETERINARY 29
TECHNOLOGIST; TO AUTHORIZE THE BOARD TO BRING AN ACTION TO ENJOIN 30
ANY PERSON FROM PRACTICING VETERINARY TECHNOLOGY WITHOUT A VALID 31
CERTIFICATION; AND FOR RELATED PURPOSES. 32
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 33
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SECTION 1. Section 73-39-53, Mississippi Code of 1972, is 34
amended as follows: 35
73-39-53. When used in this chapter, these words and phrases 36
shall be defined as follows: 37
(a) "Abandoned" means to forsake entirely, to neglect 38
or refuse to provide or perform legal obligations for the care and 39
support of an animal or to refuse to pay for treatment or other 40
services without an assertion of good cause. 41
(b) "Accredited college of veterinary medicine" means 42
any veterinary college, school or division of a university or 43
college that offers the degree of doctor of veterinary medicine or 44
its equivalent and that is accredited by the Council on Education 45
of the American Veterinary Medical Association (AVMA). 46
(c) "Accredited program in veterinary 47
technology/technician" means any postsecondary educational program 48
that is accredited by the Committee on Veterinary Technician 49
Education and Activities of the AVMA. 50
(d) "Animal" means any animal other than a human. 51
(e) "Board" means the Board of Veterinary Medicine. 52
(f) "Client" means the patient's owner, owner's agent 53
or other person responsible for the patient. 54
(g) "Complementary, alternative and integrative 55
therapies" means a heterogeneous group of preventive, diagnostic, 56
and therapeutic philosophies and practices, which at the time they 57
are performed may differ from current scientific knowledge, or 58
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whose theoretical basis and techniques may diverge from veterinary 59
medicine routinely taught in accredited veterinary medical 60
colleges, or both. These therapies include, but are not limited 61
to, veterinary acupuncture, acutherapy and acupressure; veterinary 62
homeopathy; veterinary manual or manipulative therapy (therapies 63
based on techniques practiced in osteopathy, chiropractic medicine 64
or physical medicine and therapy); veterinary nutraceutical 65
therapy; and veterinary phytotherapy. 66
(h) "Consultation" means when a licensed veterinarian 67
receives advice in person, telephonically, electronically or by 68
any other method of communication, from a veterinarian licensed in 69
this or any other state or other person whose expertise, in the 70
opinion of the licensed veterinarian, would benefit a patient. 71
(i) "Certified veterinary technician" means a 72
veterinary technician certified by the board. 73
(j) "Direct supervision" means a licensed veterinarian 74
is readily available on the premises where the patient is being 75
treated. 76
(k) "Educational equivalence" means the holder has 77
demonstrated knowledge and skill equivalent to that possessed by a 78
graduate of an accredited college of veterinary medicine. 79
(l) "Extralabel use" means actual use or intended use 80
of a drug in an animal in a manner that is not in accordance with 81
the approved labeling. This includes, but is not limited to, use 82
in species not listed in the labeling, use for indications 83
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(disease or other conditions) not listed in the labeling, use at 84
dosage levels, frequencies, or routes of administration other than 85
those stated in the labeling, and deviation from the labeled 86
withdrawal time based on these different uses. 87
(m) "Impaired veterinarian" means a veterinarian who is 88
unable to practice veterinary medicine with reasonable skill and 89
safety because of a physical or mental disability as evidenced by 90
a written determination from a competent authority or written 91
consent based on clinical evidence, including deterioration of 92
mental capacity, loss of motor skills, or abuse of drugs or 93
alcohol of sufficient degree to diminish the person's ability to 94
deliver competent patient care. 95
(n) "Indirect supervision" means a veterinarian has 96
given either written or oral instructions for treatment of the 97
patient and is readily available by telephone or other form of 98
communication. 99
(o) "Informed consent" means the veterinarian has 100
informed the client, in a manner that would be understood by a 101
reasonable person, of the diagnostic and treatment options, risk 102
assessment and prognosis and has provided the client with an 103
estimate of the charges for veterinary services to be rendered and 104
the client has consented to the recommended treatment. 105
(p) "Licensed veterinarian" means a person licensed to 106
practice veterinary medicine in this state. 107
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(q) "Patient" means an animal that is examined or 108
treated by a veterinarian. 109
(r) "Person" means any individual, firm, partnership 110
(general, limited or limited liability), association, joint 111
venture, cooperative, corporation, limited liability company or 112
any other group or combination acting in concert and whether or 113
not acting as a principal, partner, member, trustee, fiduciary, 114
receiver or as any other kind of legal or personal representative 115
or as the successor in interest, assignee, agent, factor, servant, 116
employee, director, officer or any other representative of such 117
person. 118
(s) "Practice of veterinary medicine" means: 119
(i) To diagnose, treat, correct, change, alleviate 120
or prevent animal disease, illness, pain, deformity, defect, 121
injury or other physical, dental or mental conditions by any 122
method or mode, including: 123
1. The prescribing, dispensing, administering 124
or applying of any drug, medicine, biologic, apparatus, anesthetic 125
or other therapeutic or diagnostic substance or medical or 126
surgical technique; or 127
2. The using of complementary, alternative 128
and integrative therapies; or 129
3. The rendering of advice or recommendation 130
by any means including telephonic and other electronic 131
communications with regard to any of the above. 132
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(ii) To represent, directly or indirectly, 133
publicly or privately, an ability and willingness to do an act 134
described in this paragraph. 135
(iii) To use any title, words, abbreviation or 136
letters in a manner or under circumstances that induce the belief 137
that the person using them is qualified to do any act described in 138
this paragraph. 139
(t) "Practice of veterinary technology" means to 140
perform patient care or other services that require a technical 141
understanding of veterinary medicine on the basis of written or 142
oral instruction of a veterinarian, excluding diagnosing, 143
prognosing, performing surgery or prescribing drugs, medicine or 144
appliances. 145
(u) "Veterinarian" means a person who has received a 146
professional veterinary medical degree from a college of 147
veterinary medicine. 148
(v) "Veterinarian-client-patient relationship" means 149
that all of the following are required: 150
(i) The veterinarian has assumed the 151
responsibility for making clinical judgments regarding the health 152
of the animal and the need for medical treatment, and the client 153
has agreed to follow the veterinarian's instructions. 154
(ii) The veterinarian has sufficient knowledge of 155
the animal to initiate at least a general or preliminary diagnosis 156
of the medical condition of the animal because the veterinarian 157
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has * * * seen the animal within the immediately preceding twelve 158
(12) months and is personally acquainted with the keeping and care 159
of the animal either by virtue of an examination of the animal or 160
by medically appropriate and timely visits to the premises where 161
the animal is kept. 162
(w) "Veterinary medicine" means all branches and 163
specialties included within the practice of veterinary medicine. 164
(x) "Veterinary premises" means any premises or 165
facility where the practice of veterinary medicine occurs, 166
including, but not limited to, a mobile clinic, outpatient clinic, 167
satellite clinic or veterinary hospital or clinic, but shall not 168
include the premises of a veterinary client, research facility, a 169
federal military base or an accredited college of veterinary 170
medicine. 171
(y) "Veterinary prescription drug" means a drug that 172
may not be dispensed without the prescription of a veterinarian 173
and that bears the label statement: "CAUTION: Federal law 174
restricts this drug to use by or on the order of a licensed 175
veterinarian." 176
(z) "Veterinary technician" means a person certified by 177
the board as a veterinary technician. 178
(aa) "Veterinary technologist" means a graduate of a 179
four-year accredited program in veterinary technology. 180
SECTION 2. Section 73-39-55, Mississippi Code of 1972, is 181
amended as follows: 182
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73-39-55. (1) A Board of Veterinary Medicine shall be 183
appointed by the Governor and shall consist of five (5) licensed 184
veterinarians, one (1) Certified Veterinary Technician, and one 185
(1) public member with at least one (1) member from each of the 186
Supreme Court districts of the state and not more than * * * three 187
(3) members from the same Supreme Court district. All 188
professional members of the Board of Veterinary Medicine 189
shall * * * have * * * been licensed to practice in this state for 190
a period of not less than five (5) years * * *. Appointments 191
shall be for a five-year term or to fill an unexpired term. The 192
Governor shall fill all vacancies on the board as they shall occur 193
by appointment from a list of three (3) eligible veterinarians 194
submitted by the Mississippi Veterinary Medical Association * * * 195
for veterinarian members and a list of three (3) eligible 196
certified veterinary technicians submitted by the Mississippi 197
Association of Veterinary Technicians for veterinary technician 198
members. For the appointment of the public member of the board, 199
the public member shall be, at the time of the appointment, a 200
citizen of the United States; a resident of Mississippi for a 201
period of not less than one (1) year and a registered voter; a 202
person who is not and has never been a member of any profession 203
licensed or regulated under the Mississippi Veterinary Practice 204
Act, Section 73-39-51 et seq. or the spouse of such person; and a 205
person who does not have and has never had a material financial 206
interest in either the providing of the professional services 207
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regulated by the Mississippi Veterinary Practice Act, or an 208
activity or organization directly related to any profession 209
licensed or regulated under the Mississippi Veterinary Practice 210
Act. The duties of the public member shall not include the 211
determination of the technical requirements to be met for 212
licensure, whether any person meets such technical requirements, 213
or the technical competence or technical judgment of a licensee or 214
candidate for licensure. If the vacancy to be filled is caused by 215
expiration of the term, death, resignation or inability to serve 216
as a board member whose residence is in a Supreme Court district 217
having two (2) members on the board, the Mississippi Veterinary 218
Medical Association shall submit six (6) names: three (3) from 219
the Supreme Court district in which the former board member 220
resided and three (3) from the Supreme Court district which had 221
only one (1) member on the board, and the Governor shall fill the 222
vacancy by appointment of one (1) of the six (6) nominees. All 223
appointments shall be with the advice and consent of the Senate. 224
Members of the board serving on the predecessor board under 225
Section 73-39-5 on July 1, * * * 2008, may continue as members of 226
the board until the expiration of the term for which they were 227
appointed. Vacancies due to death, resignation or removal shall 228
be filled for the remainder of the unexpired term in the same 229
manner as regular appointments. 230
(a) A licensed veterinarian or certified veterinary 231
technician shall be qualified to serve as a member of the board if 232
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he or she has been licensed to practice veterinary medicine or 233
certified to practice veterinary technology, respectively, in this 234
state for the five (5) years immediately preceding the time of his 235
or her appointment. 236
(b) Each member of the board shall be paid in 237
accordance with Section 25-3-69 for each day or substantial 238
portion thereof if he or she is engaged in the work of the board, 239
in addition to such reimbursement for travel and other expenses as 240
is allowed under Section 25-3-41. 241
(2) The board shall meet at least once each year at the time 242
and place fixed by rule of the board. Other necessary meetings 243
may be called by the board by giving notice as may be required by 244
rule. Except as may otherwise be provided, a majority of the 245
board constitutes a quorum. Meetings shall be open and public 246
except that the board may meet in closed session to prepare, 247
approve, administer or grade examinations or to deliberate the 248
qualification of an applicant for license or the disposition of a 249
proceeding to discipline a licensed veterinarian or certified 250
veterinary technician in accordance with Section 25-41-7. 251
(3) The board annually shall elect officers from its 252
membership as may be prescribed by rule. Officers of the board 253
serve for terms of one (1) year and until a successor is elected, 254
without limitation on the number of terms an officer may serve. 255
The duties of officers shall be prescribed by rule. 256
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SECTION 3. Section 73-39-57, Mississippi Code of 1972, is 257
amended as follows: 258
73-39-57. The board may: 259
(a) Adopt, amend or repeal all rules necessary for its 260
government and all regulations necessary to implement this 261
chapter, including the establishment and publication of standards 262
of practice and professional conduct for the practice of 263
veterinary medicine. 264
(b) Adopt, promulgate and enforce rules and regulations 265
relating to specific duties and responsibilities; certification, 266
registration or licensure; and other matters pertaining to 267
veterinary technicians or nonlicensed persons consistent with this 268
chapter. 269
(c) Initiate disciplinary procedures, hold hearings, 270
reprimand, suspend, revoke or refuse to issue or renew credentials 271
and perform any other acts that may be necessary to regulate 272
veterinary technicians and technologists. 273
(d) Examine by established protocol the qualifications 274
and fitness of applicants for a license to practice veterinary 275
medicine in this state. 276
(e) Issue, renew or deny the licenses and temporary 277
permits to practice veterinary medicine. 278
(f) Limit, suspend or revoke the licenses of 279
disciplined veterinarians or otherwise discipline licensed 280
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veterinarians consistent with this chapter and applicable rules 281
and regulations. 282
(g) Establish and publish annually a schedule of fees 283
for licensing * * *, certification and inspection. 284
(h) Conduct investigations of suspected violations of 285
this chapter to determine whether there are sufficient grounds to 286
initiate disciplinary proceedings. 287
(i) Inspect veterinary premises and equipment, 288
including practice vehicles, on a * * * regular basis to be 289
determined by the board and assess an inspection fee * * * to be 290
determined by the board and an additional fee * * * to be 291
determined by the board for each licensed veterinarian employed by 292
the inspected veterinary establishment. 293
(j) Hold hearings on all matters properly brought 294
before the board, to administer oaths, receive evidence, make 295
necessary determinations and enter orders consistent with the 296
findings. The board may require by subpoena the attendance and 297
testimony of witnesses and the production of papers, records or 298
other documentary evidence and commission depositions. The board 299
may designate one or more of its members to serve as its hearing 300
officer. The board shall adopt rules and regulations for hearings 301
before the board and the rules shall afford any person appearing 302
before the board the safeguards of procedural due process. Formal 303
rules of evidence shall not apply. 304
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(k) Employ full- or part-time personnel necessary to 305
implement this chapter and purchase or rent necessary office 306
space, equipment and supplies. 307
(l) Appoint from its own membership one or more members 308
to act as representatives of the board at any meeting within or 309
outside the state. 310
(m) Bring proceedings in the courts against any person 311
for the enforcement of this chapter or any regulations made 312
pursuant thereto. 313
The powers enumerated herein are granted for the purpose of 314
enabling the board to supervise effectively the practice of 315
veterinary medicine and veterinary technology and are to be 316
construed liberally to accomplish this objective. 317
SECTION 4. Section 73-39-63, Mississippi Code of 1972, is 318
amended as follows: 319
73-39-63. (1) The practice of veterinary technology is a 320
privilege granted by legislative authority to maintain public 321
health, safety and welfare and to protect the public from being 322
misled by unauthorized individuals. 323
(2) An individual who has graduated from a veterinary 324
technology or technician program that is accredited according to 325
the standards adopted by the American Veterinary Medical 326
Association's Committee on Veterinary Technician/Technology 327
Education and Activities, and who has filed the application and 328
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the requisite fees shall be eligible to take the examination for 329
certification as an animal technician. 330
(3) Veterinary technicians and technologists applying for 331
certification shall be required to pass the Veterinary Technician 332
National Examination, with scores as set by the board, before 333
receiving certification. 334
(4) All certified veterinary technicians and technologists 335
shall be required to complete continuing professional education as 336
prescribed by rule to renew their credentials. 337
(5) * * * The board may suspend, revoke or deny the issuance 338
or renewal of certification of any veterinary technician or 339
technologist who is found guilty of any of the following: 340
(a) Fraud or misrepresentation in applying for 341
certification. 342
(b) Criminal offense relating to veterinary medicine. 343
(c) Any violation of the Uniform Controlled Substances 344
Law. 345
(d) Convicted of cruelty to animals. 346
(e) Violation of any of the rules or regulations of the 347
board. 348
(6) A certified veterinary technician or technologist is an 349
individual who has been credentialed to practice veterinary 350
technology in the State of Mississippi. A person shall not use 351
the title "veterinary technologist", "veterinary technician", "vet 352
tech" or the abbreviation "CVT" unless credentialed by the board. 353
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SECTION 5. Section 73-39-69, Mississippi Code of 1972, is 354
amended as follows: 355
73-39-69. * * * 356
( * * *1) The preparation, administration, grading and 357
criterion for passing examinations shall be governed by * * * an 358
agency approved by the board. Examinations for veterinary * * * 359
credentials shall be designed to test the examinee's knowledge of 360
and proficiency in the subjects and techniques pertaining to the 361
practice of veterinary medicine commonly taught in an accredited 362
college of veterinary medicine. The passing score shall be 363
determined by the testing entity. The board may adopt and use the 364
results of a nationally recognized testing entity such as 365
the * * * International Council for Veterinary Assessment or 366
American Association of Veterinary State Boards. 367
( * * *2) Any person, not licensed to practice veterinary 368
medicine or veterinary technology under the laws of Mississippi, 369
shall be required to take the state board examination. This 370
examination shall be designed to test the applicant's knowledge of 371
the Mississippi Veterinary Practice Act and Principles of 372
Veterinary Medical Ethics as set forth by the American Veterinary 373
Medical Association. * * * The application fee and time and 374
location of the examination shall be determined by the board. 375
( * * *3) After examination, each examinee shall be notified 376
of the result of the examination, and the board shall issue a 377
license signed by members of the board. Any person who fails an 378
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examination may be admitted to any subsequent examination on 379
payment of the application fee. 380
SECTION 6. Section 73-39-71, Mississippi Code of 1972, is 381
amended as follows: 382
73-39-71. * * * The issuance of a license * * *to a 383
military-trained applicant, military spouse or person who 384
establishes residence in this state shall be subject to the 385
provisions of Section 73-50-1 or 73-50-2, as applicable. An 386
applicant seeking licensure in this state who is licensed to 387
practice veterinary medicine in another jurisdiction must show 388
that he or she is a person of good moral character and is licensed 389
to practice veterinary medicine in at least one (1) state, 390
territory or district and has practiced veterinary medicine in all 391
of those same named jurisdictions without disciplinary action by 392
any state or federal agency immediately before filing the 393
application. 394
SECTION 7. Section 73-39-75, Mississippi Code of 1972, is 395
amended as follows: 396
73-39-75. (1) All licenses shall expire August 1 of each 397
year but may be renewed by registration with the board and payment 398
of the license renewal fee. At least thirty (30) days in advance, 399
the board shall mail an expiration notice to each licensed 400
veterinarian and include a form for renewal. 401
(2) The board shall establish the continuing education 402
requirements that must be met for license renewal. 403
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(3) Any person may renew an expired license within five (5) 404
years of the date of its expiration by making written application 405
for renewal, paying the current renewal fee and a reinstatement 406
fee * * * as determined by the board, plus all delinquent renewal 407
fees and complying with continuing education requirements. 408
(4) The board may waive the payment of the registration 409
renewal fee of a licensed veterinarian or certified veterinary 410
technician during the period when he or she is on active duty with 411
any branch of the armed services of the United States. 412
(5) Any licensed veterinarian who is * * * seventy (70) 413
years of age or older and who is employed as a veterinarian on a 414
part-time basis * * * (less than twenty (20) hours per week) shall 415
be exempt from payment of such renewal fee. 416
* * * 417
SECTION 8. Section 73-39-77, Mississippi Code of 1972, is 418
amended as follows: 419
73-39-77. (1) Upon a written complaint sworn to by any 420
person, the board, in its sole discretion, may * * * revoke, 421
suspend or limit for a certain time a license or certification, 422
impose an administrative fine * * * to be determined by the board, 423
or otherwise discipline any licensed veterinarian or certified 424
veterinary technician for any of the following reasons: 425
(a) The employment of fraud, misrepresentation or 426
deception in obtaining a license or certification. 427
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(b) The inability to practice veterinary medicine or 428
veterinary technology with reasonable skill and safety because of 429
a physical or mental disability, including deterioration of mental 430
capacity, loss of motor skills or abuse of drugs or alcohol of 431
sufficient degree to diminish the person's ability to deliver 432
competent patient care. 433
(c) The use of advertising or solicitation that is 434
false or misleading. 435
(d) Conviction of the following in any federal court or 436
in the courts of this state or any other jurisdiction, regardless 437
of whether the sentence is deferred: 438
(i) Any felony; 439
(ii) Any crime involving cruelty, abuse or neglect 440
of animals, including bestiality; 441
(iii) Any crime of moral turpitude; 442
(iv) Any crime involving unlawful sexual contact, 443
child abuse, the use or threatened use of a weapon, the infliction 444
of injury, indecent exposure, perjury, false reporting, criminal 445
impersonation, forgery and any other crime involving a lack of 446
truthfulness, veracity or honesty, intimidation of a victim or 447
witness, larceny, or alcohol or drugs. 448
For the purposes of this paragraph, a plea of guilty or a 449
plea of nolo contendere accepted by the court shall be considered 450
as a conviction. 451
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(e) Incompetence, gross negligence or other malpractice 452
in the practice of veterinary medicine or veterinary technology. 453
(f) Aiding the unlawful practice of veterinary medicine 454
or veterinary technology. 455
(g) Fraud or dishonesty in the application or reporting 456
of any test for disease in animals. 457
(h) Failure to report, as required by law, or making 458
false or misleading report of, any contagious or infectious 459
disease. 460
(i) Failure to keep accurate patient records. 461
(j) Dishonesty or gross negligence in the performance 462
of food safety inspections or in the issuance of any health or 463
inspection certificates. 464
(k) Failure to keep veterinary premises and equipment, 465
including practice vehicles, in a clean and sanitary condition. 466
(l) Failure to permit the board or its agents to enter 467
and inspect veterinary premises and equipment, including practice 468
vehicles, as set by rules promulgated by the board. 469
(m) Revocation, suspension or limitation of a license 470
to practice veterinary medicine or certification as a veterinary 471
technician or technologist by another state, territory or district 472
of the United States. 473
(n) Loss or suspension of accreditation by any federal 474
or state agency. 475
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(o) Unprofessional conduct as defined in regulations 476
adopted by the board. 477
(p) The dispensing, distribution, prescription or 478
administration of any veterinary prescription drug, or the 479
extralabel use of any drug in the absence of a 480
veterinarian-client-patient relationship. 481
(q) Violations of state or federal drug laws. 482
(r) Violations of any order of the board. 483
(s) Violations of this chapter or of the rules 484
promulgated under this chapter. 485
(t) Violation(s) of the provisions of Sections 41-121-1 486
through 41-121-9 relating to deceptive advertisement by health 487
care practitioners. 488
(2) A certified copy of any judgment of conviction or 489
finding of guilt by a court of competent jurisdiction or by a 490
governmental agency, or agency authorized to issue licenses, 491
certifications or permits, including the United States Department 492
of Agriculture, Animal and Plant Health Inspection Service, the 493
Mississippi Board of Animal Health and the Mississippi Board of 494
Health, of a veterinarian or veterinary technician of any matters 495
listed in this section shall be admissible in evidence in any 496
hearing held by the board to discipline such veterinarian or 497
technician and shall constitute prima facie evidence of the 498
commission of any such act. 499
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SECTION 9. Section 73-39-91, Mississippi Code of 1972, is 500
amended as follows: 501
73-39-91. (1) Any person who practices veterinary medicine 502
without a valid license * * * issued by the board or using the 503
title Certified Veterinary Technician or Certified Veterinary 504
Technologist is guilty of a misdemeanor and, upon conviction, 505
shall be fined an amount * * * to be determined by the board. 506
(2) Any person not licensed or certified under this chapter 507
is considered to have violated this chapter and may be subject to 508
all the penalties provided for such violations if he or she: 509
(a) Performs any of the functions described as the 510
practice of veterinary medicine or veterinary technology as 511
defined in this chapter; 512
(b) Represents, directly or indirectly, publicly or 513
privately, an ability and willingness to perform any of the 514
functions described as the practice of veterinary medicine or 515
veterinary technology as defined in this chapter; or 516
(c) Uses any title, words, abbreviation or letters in a 517
manner or under circumstances that induces the belief that the 518
person using them is qualified to perform any of the functions 519
described as the practice of veterinary medicine or veterinary 520
technology as defined in this chapter. 521
(3) The board may bring an action to enjoin any person from 522
practicing veterinary medicine or veterinary technology without a 523
valid license or * * * certification issued by the board. If the 524
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PAGE 22 (ELS\KW)
ST: Mississippi Veterinary Practice Act; amend
to include certain provisions for certified
veterinary technicians.
court finds that the person is violating or is threatening to 525
violate this chapter, it shall enter an injunction restraining him 526
from the unlawful acts. 527
(4) Notwithstanding any other provisions of this chapter, 528
the board may take immediate action if there is an imminent threat 529
to the health, safety or welfare of the public. The board shall 530
find that this action is necessary for the protection of the 531
public and necessary to effectively enforce this chapter. If the 532
board takes immediate action under this subsection, efforts shall 533
be made as soon as possible to proceed in accordance with a 534
hearing under Section 73-39-81. 535
(5) In addition to any other penalty or remedy provided by 536
law, the board may implement a system of cite and fine procedures 537
for licensed and nonlicensed persons who violate the state 538
veterinary practice act. The board may also impose a civil 539
penalty, upon conviction, for each separate violation. This civil 540
penalty shall be in an amount * * * to be determined by the board 541
and shall be assessed by the board in accordance with the 542
provisions set forth in Section 73-39-81. 543
(6) The success or failure of an action based on any one (1) 544
of the remedies set forth in this section shall in no way 545
prejudice the prosecution of an action based on any other of the 546
remedies. 547
SECTION 10. This act shall take effect and be in force from 548
and after July 1, 2026. 549