Mississippi Veterinary Practice Act; revise various provisions of.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Berry

SENATE BILL NO. 2548

AN ACT TO AMEND SECTION 73-39-53, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY RECENCY REQUIREMENTS FOR A VETERINARIAN-CLIENT-PATIENT 2
RELATIONSHIP; TO AMEND SECTION 73-39-55, MISSISSIPPI CODE OF 1972, 3
TO ADD ONE CERTIFIED VETERINARY TECHNICIAN AND ONE MEMBER OF THE 4
PUBLIC TO THE BOARD OF VETERINARY MEDICINE (BOARD); TO PROVIDE 5
THAT THE MEMBER OF THE PUBLIC ON THE BOARD SHALL BE APPOINTED BY 6
THE BOARD OF ANIMAL HEALTH; TO AMEND SECTION 73-39-57, MISSISSIPPI 7
CODE OF 1972, TO AUTHORIZE THE BOARD TO PUBLISH AN ANNUAL SCHEDULE 8
OF CERTAIN FEES AND FINES; TO ALLOW THE BOARD TO DETERMINE THE 9
FREQUENCY OF VETERINARY PREMISES AND EQUIPMENT INSPECTIONS AND TO 10
DETERMINE ASSOCIATED INSPECTION FEES; TO AMEND SECTION 73-39-63, 11
MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM USING THE 12
TITLE "CERTIFIED VETERINARY TECHNICIAN," AND RELATED TITLES UNLESS 13
CREDENTIALED BY THE BOARD; TO AMEND SECTION 73-39-69, MISSISSIPPI 14
CODE OF 1972, TO PROVIDE THAT AN AGENCY APPROVED BY THE BOARD 15
SHALL GOVERN EXAMINATIONS FOR VETERINARY CREDENTIALS; TO AUTHORIZE 16
THE BOARD TO ADOPT AND USE THE RESULTS OF NATIONALLY RECOGNIZED 17
TESTING ENTITIES SUCH AS THE INTERNATIONAL COUNCIL FOR VETERINARY 18
ASSESSMENT OR AMERICAN ASSOCIATION OF VETERINARY STATE BOARDS; TO 19
AMEND SECTION 73-39-71, MISSISSIPPI CODE OF 1972, TO MODIFY 20
CRITERIA FOR ISSUANCE OF A VETERINARY LICENSE BY ENDORSEMENT; TO 21
AMEND SECTION 73-39-75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE 22
BOARD TO DETERMINE REINSTATEMENT FEES; TO RAISE FROM 65 TO 70 THE 23
AGE AT WHICH LICENSED VETERINARIANS MAY BE EXEMPTED FROM PAYMENT 24
OF RENEWAL FEES FOR PART-TIME PRACTICE; TO AMEND SECTION 73-39-77, 25
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE 26
ADMINISTRATIVE FINES; TO AMEND SECTION 73-39-91, MISSISSIPPI CODE 27
OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE FINES FOR PRACTICE 28
WITHOUT A LICENSE OR PROPER CREDENTIALS; AND FOR RELATED PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. Section 73-39-53, Mississippi Code of 1972, is 31
amended as follows: 32
73-39-53. When used in this chapter, these words and phrases 33
shall be defined as follows: 34
(a) "Abandoned" means to forsake entirely, to neglect 35
or refuse to provide or perform legal obligations for the care and 36
support of an animal or to refuse to pay for treatment or other 37
services without an assertion of good cause. 38
(b) "Accredited college of veterinary medicine" means 39
any veterinary college, school or division of a university or 40
college that offers the degree of doctor of veterinary medicine or 41
its equivalent and that is accredited by the Council on Education 42
of the American Veterinary Medical Association (AVMA). 43
(c) "Accredited program in veterinary 44
technology/technician" means any postsecondary educational program 45
that is accredited by the Committee on Veterinary Technician 46
Education and Activities of the AVMA. 47
(d) "Animal" means any animal other than a human. 48
(e) "Board" means the Board of Veterinary Medicine. 49
(f) "Client" means the patient's owner, owner's agent 50
or other person responsible for the patient. 51
(g) "Complementary, alternative and integrative 52
therapies" means a heterogeneous group of preventive, diagnostic, 53
and therapeutic philosophies and practices, which at the time they 54
are performed may differ from current scientific knowledge, or 55
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whose theoretical basis and techniques may diverge from veterinary 56
medicine routinely taught in accredited veterinary medical 57
colleges, or both. These therapies include, but are not limited 58
to, veterinary acupuncture, acutherapy and acupressure; veterinary 59
homeopathy; veterinary manual or manipulative therapy (therapies 60
based on techniques practiced in osteopathy, chiropractic medicine 61
or physical medicine and therapy); veterinary nutraceutical 62
therapy; and veterinary phytotherapy. 63
(h) "Consultation" means when a licensed veterinarian 64
receives advice in person, telephonically, electronically or by 65
any other method of communication, from a veterinarian licensed in 66
this or any other state or other person whose expertise, in the 67
opinion of the licensed veterinarian, would benefit a patient. 68
(i) "Certified veterinary technician" means a 69
veterinary technician certified by the board. 70
(j) "Direct supervision" means a licensed veterinarian 71
is readily available on the premises where the patient is being 72
treated. 73
(k) "Educational equivalence" means the holder has 74
demonstrated knowledge and skill equivalent to that possessed by a 75
graduate of an accredited college of veterinary medicine. 76
(l) "Extralabel use" means actual use or intended use 77
of a drug in an animal in a manner that is not in accordance with 78
the approved labeling. This includes, but is not limited to, use 79
in species not listed in the labeling, use for indications 80
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(disease or other conditions) not listed in the labeling, use at 81
dosage levels, frequencies, or routes of administration other than 82
those stated in the labeling, and deviation from the labeled 83
withdrawal time based on these different uses. 84
(m) "Impaired veterinarian" means a veterinarian who is 85
unable to practice veterinary medicine with reasonable skill and 86
safety because of a physical or mental disability as evidenced by 87
a written determination from a competent authority or written 88
consent based on clinical evidence, including deterioration of 89
mental capacity, loss of motor skills, or abuse of drugs or 90
alcohol of sufficient degree to diminish the person's ability to 91
deliver competent patient care. 92
(n) "Indirect supervision" means a veterinarian has 93
given either written or oral instructions for treatment of the 94
patient and is readily available by telephone or other form of 95
communication. 96
(o) "Informed consent" means the veterinarian has 97
informed the client, in a manner that would be understood by a 98
reasonable person, of the diagnostic and treatment options, risk 99
assessment and prognosis and has provided the client with an 100
estimate of the charges for veterinary services to be rendered and 101
the client has consented to the recommended treatment. 102
(p) "Licensed veterinarian" means a person licensed to 103
practice veterinary medicine in this state. 104
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(q) "Patient" means an animal that is examined or 105
treated by a veterinarian. 106
(r) "Person" means any individual, firm, partnership 107
(general, limited or limited liability), association, joint 108
venture, cooperative, corporation, limited liability company or 109
any other group or combination acting in concert and whether or 110
not acting as a principal, partner, member, trustee, fiduciary, 111
receiver or as any other kind of legal or personal representative 112
or as the successor in interest, assignee, agent, factor, servant, 113
employee, director, officer or any other representative of such 114
person. 115
(s) "Practice of veterinary medicine" means: 116
(i) To diagnose, treat, correct, change, alleviate 117
or prevent animal disease, illness, pain, deformity, defect, 118
injury or other physical, dental or mental conditions by any 119
method or mode, including: 120
1. The prescribing, dispensing, administering 121
or applying of any drug, medicine, biologic, apparatus, anesthetic 122
or other therapeutic or diagnostic substance or medical or 123
surgical technique; or 124
2. The using of complementary, alternative 125
and integrative therapies; or 126
3. The rendering of advice or recommendation 127
by any means including telephonic and other electronic 128
communications with regard to any of the above. 129
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(ii) To represent, directly or indirectly, 130
publicly or privately, an ability and willingness to do an act 131
described in this paragraph. 132
(iii) To use any title, words, abbreviation or 133
letters in a manner or under circumstances that induce the belief 134
that the person using them is qualified to do any act described in 135
this paragraph. 136
(t) "Practice of veterinary technology" means to 137
perform patient care or other services that require a technical 138
understanding of veterinary medicine on the basis of written or 139
oral instruction of a veterinarian, excluding diagnosing, 140
prognosing, performing surgery or prescribing drugs, medicine or 141
appliances. 142
(u) "Veterinarian" means a person who has received a 143
professional veterinary medical degree from a college of 144
veterinary medicine. 145
(v) "Veterinarian-client-patient relationship" means 146
that all of the following are required: 147
(i) The veterinarian has assumed the 148
responsibility for making clinical judgments regarding the health 149
of the animal and the need for medical treatment, and the client 150
has agreed to follow the veterinarian's instructions. 151
(ii) The veterinarian has sufficient knowledge of 152
the animal to initiate at least a general or preliminary diagnosis 153
of the medical condition of the animal because the veterinarian 154
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has recently seen during the preceding twelve-month period and is 155
personally acquainted with the keeping and care of the animal 156
either by virtue of an examination of the animal or by medically 157
appropriate and timely visits to the premises where the animal is 158
kept. 159
(w) "Veterinary medicine" means all branches and 160
specialties included within the practice of veterinary medicine. 161
(x) "Veterinary premises" means any premises or 162
facility where the practice of veterinary medicine occurs, 163
including, but not limited to, a mobile clinic, outpatient clinic, 164
satellite clinic or veterinary hospital or clinic, but shall not 165
include the premises of a veterinary client, research facility, a 166
federal military base or an accredited college of veterinary 167
medicine. 168
(y) "Veterinary prescription drug" means a drug that 169
may not be dispensed without the prescription of a veterinarian 170
and that bears the label statement: "CAUTION: Federal law 171
restricts this drug to use by or on the order of a licensed 172
veterinarian." 173
(z) "Veterinary technician" means a person certified by 174
the board as a veterinary technician. 175
(aa) "Veterinary technologist" means a graduate of a 176
four-year accredited program in veterinary technology. 177
SECTION 2. Section 73-39-55, Mississippi Code of 1972, is 178
amended as follows: 179
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73-39-55. (1) A Board of Veterinary Medicine * * * shall 180
consist of five (5) licensed veterinarians and one (1) certified 181
veterinary technician, who shall be appointed by the Governor, and 182
of one (1) member of the public, who shall be appointed by the 183
Board of Animal Health, with at least one (1) member from each of 184
the Supreme Court districts of the state and not more than two (2) 185
members from the same Supreme Court district. All professional 186
members of the Board of Veterinary Medicine shall * * * have been 187
licensed or certified to * * * practice in this state for a period 188
of not less than five (5) years * * *. Appointments shall be for 189
a five-year term or to fill an unexpired term. The Governor shall 190
fill all vacancies of professional members on the board as they 191
shall occur by appointment from a list of three (3) eligible * * * 192
individuals submitted by the Mississippi Veterinary Medical 193
Association for each vacancy. If the vacancy to be filled is 194
caused by expiration of the term, death, resignation or inability 195
to serve as a board member whose residence is in a Supreme Court 196
district having two (2) members on the board, the Mississippi 197
Veterinary Medical Association shall submit six (6) names: three 198
(3) from the Supreme Court district in which the former board 199
member resided and three (3) from the Supreme Court district which 200
had only one (1) member on the board, and the Governor shall fill 201
the vacancy by appointment of one (1) of the six (6) nominees. 202
The Board of Animal Health shall fill a vacancy of the member of 203
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the public on the board as it shall occur by appointment. All 204
appointments shall be with the advice and consent of the Senate. 205
Members of the board serving on the predecessor board under 206
Section 73-39-5 on July 1, * * * 2008, may continue as members of 207
the board until the expiration of the term for which they were 208
appointed. Vacancies due to death, resignation or removal shall 209
be filled for the remainder of the unexpired term in the same 210
manner as regular appointments. 211
(a) A licensed veterinarian or certified veterinary 212
technician shall be qualified to serve as a member of the board if 213
he or she has been licensed to practice veterinary medicine or 214
veterinary technology in this state for the five (5) years 215
immediately preceding the time of his appointment. 216
(b) Each member of the board shall be paid in 217
accordance with Section 25-3-69 for each day or substantial 218
portion thereof if he or she is engaged in the work of the board, 219
in addition to such reimbursement for travel and other expenses as 220
is allowed under Section 25-3-41. 221
(2) The board shall meet at least once each year at the time 222
and place fixed by rule of the board. Other necessary meetings 223
may be called by the board by giving notice as may be required by 224
rule. Except as may otherwise be provided, a majority of the 225
board constitutes a quorum. Meetings shall be open and public 226
except that the board may meet in closed session to prepare, 227
approve, administer or grade examinations or to deliberate the 228
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qualification of an applicant for license or the disposition of a 229
proceeding to discipline a licensed veterinarian in accordance 230
with Section 25-41-7. 231
(3) The board annually shall elect officers from its 232
membership as may be prescribed by rule. Officers of the board 233
serve for terms of one (1) year and until a successor is elected, 234
without limitation on the number of terms an officer may serve. 235
The duties of officers shall be prescribed by rule. 236
SECTION 3. Section 73-39-57, Mississippi Code of 1972, is 237
amended as follows: 238
73-39-57. The board may: 239
(a) Adopt, amend or repeal all rules necessary for its 240
government and all regulations necessary to implement this 241
chapter, including the establishment and publication of standards 242
of practice and professional conduct for the practice of 243
veterinary medicine. 244
(b) Adopt, promulgate and enforce rules and regulations 245
relating to specific duties and responsibilities; certification, 246
registration or licensure; and other matters pertaining to 247
veterinary technicians or nonlicensed persons consistent with this 248
chapter. 249
(c) Initiate disciplinary procedures, hold hearings, 250
reprimand, suspend, revoke or refuse to issue or renew credentials 251
and perform any other acts that may be necessary to regulate 252
veterinary technicians and technologists. 253
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(d) Examine by established protocol the qualifications 254
and fitness of applicants for a license to practice veterinary 255
medicine in this state. 256
(e) Issue, renew or deny the licenses and temporary 257
permits to practice veterinary medicine. 258
(f) Limit, suspend or revoke the licenses of 259
disciplined veterinarians or otherwise discipline licensed 260
veterinarians consistent with this chapter and applicable rules 261
and regulations. 262
(g) Establish and publish annually a schedule of fees 263
for licensing * * *, certification, renewal, reinstatement and 264
inspection, and a schedule of administrative fines. 265
(h) Conduct investigations of suspected violations of 266
this chapter to determine whether there are sufficient grounds to 267
initiate disciplinary proceedings. 268
(i) Inspect veterinary premises and equipment, 269
including practice vehicles, on a * * * regular basis to be 270
determined by the board and assess an inspection fee * * * to be 271
determined by the board and an additional fee * * * to be 272
determined by the board for each licensed veterinarian employed by 273
the inspected veterinary establishment. 274
(j) Hold hearings on all matters properly brought 275
before the board, to administer oaths, receive evidence, make 276
necessary determinations and enter orders consistent with the 277
findings. The board may require by subpoena the attendance and 278
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testimony of witnesses and the production of papers, records or 279
other documentary evidence and commission depositions. The board 280
may designate one or more of its members to serve as its hearing 281
officer. The board shall adopt rules and regulations for hearings 282
before the board and the rules shall afford any person appearing 283
before the board the safeguards of procedural due process. Formal 284
rules of evidence shall not apply. 285
(k) Employ full- or part-time personnel necessary to 286
implement this chapter and purchase or rent necessary office 287
space, equipment and supplies. 288
(l) Appoint from its own membership one or more members 289
to act as representatives of the board at any meeting within or 290
outside the state. 291
(m) Bring proceedings in the courts against any person 292
for the enforcement of this chapter or any regulations made 293
pursuant thereto. 294
The powers enumerated herein are granted for the purpose of 295
enabling the board to supervise effectively the practice of 296
veterinary medicine and veterinary technology and are to be 297
construed liberally to accomplish this objective. 298
SECTION 4. Section 73-39-63, Mississippi Code of 1972, is 299
amended as follows: 300
73-39-63. (1) The practice of veterinary technology is a 301
privilege granted by legislative authority to maintain public 302
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health, safety and welfare and to protect the public from being 303
misled by unauthorized individuals. 304
(2) An individual who has graduated from a veterinary 305
technology or technician program that is accredited according to 306
the standards adopted by the American Veterinary Medical 307
Association's Committee on Veterinary Technician/Technology 308
Education and Activities, and who has filed the application and 309
the requisite fees shall be eligible to take the examination for 310
certification as an animal technician. 311
(3) Veterinary technicians and technologists applying for 312
certification shall be required to pass the Veterinary Technician 313
National Examination, with scores as set by the board, before 314
receiving certification. 315
(4) All certified veterinary technicians and technologists 316
shall be required to complete continuing professional education as 317
prescribed by rule to renew their credentials. 318
(5) After a hearing, the board may suspend, revoke or deny 319
the issuance or renewal of certification of any veterinary 320
technician or technologist who is found guilty of any of the 321
following: 322
(a) Fraud or misrepresentation in applying for 323
certification. 324
(b) Criminal offense relating to veterinary medicine. 325
(c) Any violation of the Uniform Controlled Substances 326
Law. 327
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(d) Convicted of cruelty to animals. 328
(e) Violation of any of the rules or regulations of the 329
board. 330
(6) A certified veterinary technician or technologist is an 331
individual who has been credentialed by the board to practice 332
veterinary technology in the state of Mississippi. A person shall 333
not use the title "certified veterinary technician," "certified 334
veterinary technologist," "veterinary technician," "veterinary 335
technologist" or "vet tech," or the abbreviation "CVT," unless 336
credentialed by the board. 337
SECTION 5. Section 73-39-69, Mississippi Code of 1972, is 338
amended as follows: 339
73-39-69. (1) * * * The preparation, administration, 340
grading and criterion for passing examinations shall be governed 341
by * * * an agency approved by the board. Examinations for 342
veterinary * * * credentials shall be designed to test the 343
examinee's knowledge of and proficiency in the subjects and 344
techniques pertaining to the practice of veterinary medicine 345
commonly taught in an accredited college of veterinary medicine. 346
The passing score shall be determined by the testing entity. The 347
board may adopt and use the results of a nationally recognized 348
testing entity such as the * * * International Council for 349
Veterinary Assessment or American Association of Veterinary State 350
Boards. 351
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( * * *2) Any person, not licensed to practice veterinary 352
medicine under the laws of Mississippi, shall be required to take 353
the state board examination. This examination shall be designed 354
to test the applicant's knowledge of the Mississippi Veterinary 355
Practice Act and Principles of Veterinary Medical Ethics as set 356
forth by the American Veterinary Medical Association. * * * The 357
application fee and time and location of the examination shall be 358
determined by the board. 359
( * * *3) After examination, each examinee shall be notified 360
of the result of the examination, and the board shall issue a 361
license signed by members of the board. Any person who fails an 362
examination may be admitted to any subsequent examination on 363
payment of the application fee. 364
SECTION 6. Section 73-39-71, Mississippi Code of 1972, is 365
amended as follows: 366
73-39-71. (1) The board may issue a license by endorsement 367
to an applicant who * * * shows that he or she is a person of good 368
moral character and is licensed to practice veterinary medicine in 369
at least one (1) state, territory or district * * * and has 370
practiced veterinary medicine in * * * all of those same named 371
jurisdictions without disciplinary action by any state or federal 372
agency * * * immediately before filing the application. 373
* * * 374
( * * *2) The issuance of a license by endorsement to a 375
military-trained applicant, military spouse or person who 376
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establishes residence in this state shall be subject to the 377
provisions of Section 73-50-1 or 73-50-2, as applicable. 378
SECTION 7. Section 73-39-75, Mississippi Code of 1972, is 379
amended as follows: 380
73-39-75. (1) All licenses shall expire August 1 of each 381
year but may be renewed by registration with the board and payment 382
of the license renewal fee. At least thirty (30) days in advance, 383
the board shall mail an expiration notice to each licensed 384
veterinarian and include a form for renewal. 385
(2) The board shall establish the continuing education 386
requirements that must be met for license renewal. 387
(3) Any person may renew an expired license within five (5) 388
years of the date of its expiration by making written application 389
for renewal, paying the current renewal fee and a reinstatement 390
fee * * * as determined by the board, plus all delinquent renewal 391
fees and complying with continuing education requirements. 392
(4) The board may waive the payment of the registration 393
renewal fee of a licensed veterinarian during the period when he 394
or she is on active duty with any branch of the armed services of 395
the United States. 396
(5) Any licensed veterinarian who is * * * seventy (70) 397
years of age or older and who is employed as a veterinarian on a 398
part-time basis * * * shall be exempt from payment of such renewal 399
fee. For purposes of this subsection (5), "on a part-time basis" 400
means fewer than twenty (20) hours per week. 401
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* * * 402
SECTION 8. Section 73-39-77, Mississippi Code of 1972, is 403
amended as follows: 404
73-39-77. (1) Upon a written complaint sworn to by any 405
person, the board, in its sole discretion, may, after a hearing, 406
revoke, suspend or limit for a certain time a license or 407
certification, impose an administrative fine * * * to be 408
determined by the board, or otherwise discipline any licensed 409
veterinarian or certified veterinary technician/technologist for 410
any of the following reasons: 411
(a) The employment of fraud, misrepresentation or 412
deception in obtaining a license. 413
(b) The inability to practice veterinary medicine with 414
reasonable skill and safety because of a physical or mental 415
disability, including deterioration of mental capacity, loss of 416
motor skills or abuse of drugs or alcohol of sufficient degree to 417
diminish the person's ability to deliver competent patient care. 418
(c) The use of advertising or solicitation that is 419
false or misleading. 420
(d) Conviction of the following in any federal court or 421
in the courts of this state or any other jurisdiction, regardless 422
of whether the sentence is deferred: 423
(i) Any felony; 424
(ii) Any crime involving cruelty, abuse or neglect 425
of animals, including bestiality; 426
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(iii) Any crime of moral turpitude; 427
(iv) Any crime involving unlawful sexual contact, 428
child abuse, the use or threatened use of a weapon, the infliction 429
of injury, indecent exposure, perjury, false reporting, criminal 430
impersonation, forgery and any other crime involving a lack of 431
truthfulness, veracity or honesty, intimidation of a victim or 432
witness, larceny, or alcohol or drugs. 433
For the purposes of this paragraph, a plea of guilty or a 434
plea of nolo contendere accepted by the court shall be considered 435
as a conviction. 436
(e) Incompetence, gross negligence or other malpractice 437
in the practice of veterinary medicine. 438
(f) Aiding the unlawful practice of veterinary 439
medicine. 440
(g) Fraud or dishonesty in the application or reporting 441
of any test for disease in animals. 442
(h) Failure to report, as required by law, or making 443
false or misleading report of, any contagious or infectious 444
disease. 445
(i) Failure to keep accurate patient records. 446
(j) Dishonesty or gross negligence in the performance 447
of food safety inspections or in the issuance of any health or 448
inspection certificates. 449
(k) Failure to keep veterinary premises and equipment, 450
including practice vehicles, in a clean and sanitary condition. 451
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(l) Failure to permit the board or its agents to enter 452
and inspect veterinary premises and equipment, including practice 453
vehicles, as set by rules promulgated by the board. 454
(m) Revocation, suspension or limitation of a license 455
to practice veterinary medicine by another state, territory or 456
district of the United States. 457
(n) Loss or suspension of accreditation by any federal 458
or state agency. 459
(o) Unprofessional conduct as defined in regulations 460
adopted by the board. 461
(p) The dispensing, distribution, prescription or 462
administration of any veterinary prescription drug, or the 463
extralabel use of any drug in the absence of a 464
veterinarian-client-patient relationship. 465
(q) Violations of state or federal drug laws. 466
(r) Violations of any order of the board. 467
(s) Violations of this chapter or of the rules 468
promulgated under this chapter. 469
(t) Violation(s) of the provisions of Sections 41-121-1 470
through 41-121-9 relating to deceptive advertisement by health 471
care practitioners. 472
(2) A certified copy of any judgment of conviction or 473
finding of guilt by a court of competent jurisdiction or by a 474
governmental agency, or agency authorized to issue licenses or 475
permits, including the United States Department of Agriculture, 476
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Animal and Plant Health Inspection Service, the Mississippi Board 477
of Animal Health and the Mississippi Board of Health, of a 478
veterinarian or veterinary technician of any matters listed in 479
this section shall be admissible in evidence in any hearing held 480
by the board to discipline such veterinarian or technician and 481
shall constitute prima facie evidence of the commission of any 482
such act. 483
SECTION 9. Section 73-39-91, Mississippi Code of 1972, is 484
amended as follows: 485
73-39-91. (1) Any person who practices veterinary medicine 486
without a valid license * * * issued by the board, or who uses the 487
title "certified veterinary technician," "certified veterinary 488
technologist," "veterinary technician," "veterinary technologist" 489
or "vet tech," or the abbreviation "CVT" without being 490
credentialed by the board, is guilty of a misdemeanor and, upon 491
conviction, shall be fined an amount * * * to be determined by the 492
board. 493
(2) Any person not licensed under this chapter is considered 494
to have violated this chapter and may be subject to all the 495
penalties provided for such violations if he: 496
(a) Performs any of the functions described as the 497
practice of veterinary medicine as defined in this chapter; 498
(b) Represents, directly or indirectly, publicly or 499
privately, an ability and willingness to perform any of the 500
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functions described as the practice of veterinary medicine as 501
defined in this chapter; or 502
(c) Uses any title, words, abbreviation or letters in a 503
manner or under circumstances that induces the belief that the 504
person using them is qualified to perform any of the functions 505
described as the practice of veterinary medicine as defined in 506
this chapter. 507
(3) The board may bring an action to enjoin any person from 508
practicing veterinary medicine without a valid license or 509
temporary permit issued by the board. If the court finds that the 510
person is violating or is threatening to violate this chapter, it 511
shall enter an injunction restraining him from the unlawful acts. 512
(4) Notwithstanding any other provisions of this chapter, 513
the board may take immediate action if there is an imminent threat 514
to the health, safety or welfare of the public. The board shall 515
find that this action is necessary for the protection of the 516
public and necessary to effectively enforce this chapter. If the 517
board takes immediate action under this subsection, efforts shall 518
be made as soon as possible to proceed in accordance with a 519
hearing under Section 73-39-81. 520
(5) In addition to any other penalty or remedy provided by 521
law, the board may implement a system of cite and fine procedures 522
for licensed and nonlicensed persons who violate the state 523
veterinary practice act. The board may also impose a civil 524
penalty, upon conviction, for each separate violation. This civil 525
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ST: Mississippi Veterinary Practice Act; revise
various provisions of.
penalty shall be in an amount not to exceed Five Hundred Dollars 526
($500.00) for each violation and shall be assessed by the board in 527
accordance with the provisions set forth in Section 73-39-81. 528
(6) The success or failure of an action based on any one (1) 529
of the remedies set forth in this section shall in no way 530
prejudice the prosecution of an action based on any other of the 531
remedies. 532
SECTION 10. This act shall take effect and be in force from 533
and after July 1, 2026. 534