Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2470
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE F ARNAN.
6198H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 340.200, 340.216, 340.218, 340.220, and 340.222, RSMo, and to enact in
lieu thereof six new sections relating to livestock reproductive specialists.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 340.200, 340.216, 340.218, 340.220, and 340.222, RSMo, are
2 repealed and six new sections enacted in lieu thereof, to be known as sections 340.200,
3 340.216, 340.218, 340.220, 340.222, and 340.295, to read as follows:
340.200. When used in sections 340.200 to 340.330, the following terms mean:
2 (1) "Accredited school of veterinary medicine", any veterinary college or division of
3 a university or college that of fers the degree of doctor of veterinary medicine or its equivalent
4 and is accredited by the American V eterinary Medical Association (A VMA);
5 (2) "Advanced re prod uctive technologies", pro cesses by which mor e offspring of
6 livestock can be pr opagated to help multiply the success of br eeding and marketing
7 pr ograms including, but not limited to, in vitr o fertilization (IVF) and embryo transfer
8 (ET);
9 (3) "Animal", any wild, exotic or domestic, living or dead animal or mammal other
10 than man, including birds, fish and reptiles;
11 [ (3) ] (4) "Animal chiropractic", the examination and treatment of an animal through
12 vertebral subluxation complex or spinal, joint, or musculoskeletal manipulation by an animal
13 chiropractic practitioner . The term "animal chiropractic" shall not be construed to require
14 supervision by a licensed veterinarian to practice or to allow the diagnosing of an animal; the
15 performing of sur gery; the dispensing, prescribing, or administering of medications, drugs, or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 biologics; or the performance of any other type of veterinary medicine when performed by an
17 individual licensed by the state board of chiropractic examiners;
18 [ (4) ] (5) "Animal chiropractic practitioner":
19 (a) A licensed veterinarian; or
20 (b) An individual who is licensed by the state board of chiropractic examiners to
21 engage in the practice of chiropractic, as defined in section 331.010; who is certified by the
22 A VCA, IVCA, or other equivalent certifying body; who has graduated from a certification
23 course in animal chiropractic with not less than two hundred ten hours of instruction; and
24 whose practice of animal chiropractic shall be regulated by the state board of chiropractic
25 examiners under chapter 331;
26 [ (5) ] (6) "Applicant", an individual who files an application to be licensed to practice
27 veterinary medicine or to be registered as a veterinary technician;
28 [ (6) ] (7) "Appointed member of the board", regularly appointed members of the
29 Missouri veterinary medical board, not including the state veterinarian who serves on the
30 board ex of ficio;
31 [ (7) ] (8) "A VCA", the American V eterinary Chiropractic Association or its successor
32 or ganization;
33 [ (8) ] (9) "Board", the Missouri veterinary medical board;
34 [ (9) ] (10) "Consulting veterinarian", a veterinarian licensed in another state, country
35 or territory who gives advice or demonstrates techniques to a licensed Missouri veterinarian
36 or group of licensed Missouri veterinarians;
37 [ (10) ] (1 1) "ECFVG certificate", a certificate issued by the American V eterinary
38 Medical Association Educational Commission for Foreign V eterinary Graduates or its
39 successor . The certificate must indicate that the holder of the certificate has demonstrated
40 knowledge and skill equivalent to that possessed by a graduate of an accredited school of
41 veterinary medicine;
42 [ (1 1) ] (12) "Embryo transfer" or "ET", a pr ocess of administering specific
43 hormonal tr eatment with follicle-stimulating hormone to a donor animal to cause
44 multiple follicles to ovulate, br eeding the donor using artificial insemination, and
45 nonsurgically collecting the embryos fr om the donor's uterus to transfer into a
46 synchr onous reci pient who will serve as a surr ogate mother , or fr eezing the embryo to
47 be implanted at a later date, and including the administration of lidocaine by caudal
48 epidural on the donor and r ecipient animals;
49 (13) "Emergency ", when an animal has been placed in a life-threatening condition
50 and immediate treatment is necessary to sustain life or where death is imminent and action is
51 necessary to relieve pain or suff ering;
HB 2470 2
52 [ (12) ] (14) "Faculty member", full professors, assistant professors, associate
53 professors, clinical instructors and residents but does not include interns or adjunct
54 appointments;
55 [ (13) ] (15) "Foreign veterinary graduate", any person, including foreign nationals and
56 American citizens, who has received a professional veterinary medical degree from an
57 A VMA listed veterinary college located outside the boundaries of the United States, its
58 territories or Canada, that is not accredited by the A VMA;
59 [ (14) ] (16) "In vitr o fertilization" or "IVF", a pr ocess of harvesting unfertilized
60 oocytes dir ectly from the ovaries of a donor animal by needle aspiration, fertilizing the
61 r etrieved oocytes, and transferring the fertilized oocytes seven days postfertilization into
62 a recip ient animal, or fr eezing to be implanted at a later date, and including the
63 administration of lidocaine by caudal epidural on the donor and recip ient animals;
64 (17) "IVCA", the International V eterinary Chiropractic Association or its successor
65 or ganization;
66 [ (15) ] (18) "License", any permit, approval, registration or certificate issued or
67 renewed by the board;
68 [ (16) ] (19) "Licensed veterinarian", an individual who is validly and currently
69 licensed to practice veterinary medicine in Missouri as determined by the board in accordance
70 with the requirements and provisions of sections 340.200 to 340.330;
71 [ (17) ] (20) "Livestock", the same as defined in section 277.020, but shall not
72 include:
73 (a) Ratite birds including, but not limited to, ostrich and emu; or
74 (b) Aquatic pro ducts as described in section 277.024;
75 (21) "Livestock r eprod uctive specialist", an individual who is not a register ed
76 veterinary technician or licensed veterinarian but holds at least a master of science in
77 animal sciences or other equivalent degree with coursework in repr oductive physiology;
78 (22) "Minimum standards", standards as set by board rule and which establish the
79 minimum requirements for the practice of veterinary medicine in the state of Missouri as are
80 consistent with the intent and purpose of sections 340.200 to 340.330;
81 [ (18) ] (23) "Person", any individual, firm, partnership, association, joint venture,
82 cooperative or corporation or any other group or combination acting in concert; whether or
83 not acting as principal, trustee, fiduciary , receiver , or as any kind of legal or personal
84 representative or as the successor in interest, assigning agent, factor , servant, employee,
85 director , officer or any other representative of such person;
86 [ (19) ] (24) "Practice of veterinary medicine", to represent directly , indirectly , publicly
87 or privately an ability and willingness to do any act described in subdivision [ (32) ] (37) of
88 this section;
HB 2470 3
89 [ (20) ] (25) "Provisional license", a license issued to a person while that person is
90 engaged in a veterinary candidacy program;
91 [ (21) ] (26) "Registered veterinary technician", a person who is formally trained for
92 the specific purpose of assisting a licensed veterinarian with technical services under the
93 appropriate level of supervision as is consistent with the particular delegated animal health
94 care task;
95 [ (22) ] (27) "Supervision":
96 (a) "Immediate supervision", the licensed veterinarian is in the immediate area and
97 within audible and visual range of the animal patient and the person treating the patient;
98 (b) "Direct supervision", the licensed veterinarian is on the premises where the animal
99 is being treated and is quickly and easily available and the animal has been examined by a
100 licensed veterinarian at such times as acceptable veterinary medical practice requires
101 consistent with the particular delegated animal health care task;
102 (c) "Indirect supervision", the licensed veterinarian need not be on the premises but
103 has given either written or oral instructions for the treatment of the animal patient or treatment
104 protocol has been established and the animal has been examined by a licensed veterinarian at
105 such times as acceptable veterinary medical practice requires consistent with the particular
106 delegated health care task; provided that the patient is not in a sur gical plane of anesthesia and
107 the licensed veterinarian is available for consultation on at least a daily basis;
108 [ (23) ] (28) "Supervisor", a licensed veterinarian employing or utilizing the services of
109 a registered veterinary technician, veterinary intern, temporary provisional licensee,
11 0 veterinary medical student, unregistered assistant or any other individual working under
111 that veterinarian's supervision;
112 [ (24) ] (29) "T emporary license", any temporary permission to practice veterinary
113 medicine issued by the board pursuant to section 340.248;
114 [ (25) ] (30) "Unregistered assistant", any individual who is not a registered veterinary
115 technician or licensed veterinarian and is employed by a licensed veterinarian;
116 [ (26) ] (31) "V eterinarian", "doctor of veterinary medicine", "DVM", "VMD", or
117 equivalent title, a person who has received a doctor's degree in veterinary medicine from an
118 accredited school of veterinary medicine or holds a ECFVG certificate issued by the A VMA;
119 [ (27) ] (32) "V eterinarian-client-patient relationship", the veterinarian has assumed the
120 responsibility for making medical judgments regarding the health of the animal and the need
121 for medical treatment, and the client, owner or owner's agent has agreed to follow the
122 instructions of the veterinarian. There is suff icient knowledge of the animal by the
123 veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of
124 the animal. V eterinarian-client-patient relationship means that the veterinarian has recently
125 seen and is personally acquainted with the keeping and care of the animal by virtue of an
HB 2470 4
126 examination or by medically appropriate and timely visits to the premises where the animal is
127 kept. The practicing veterinarian is readily available for follow-up care in case of adverse
128 reactions or failure of the prescribed course of therapy;
129 [ (28) ] (33) "V eterinary candidacy program", a program by which a person who has
130 received a doctor of veterinary medicine or equivalent degree from an accredited school of
131 veterinary medicine can obtain the practical experience required for licensing in Missouri
132 pursuant to sections 340.200 to 340.330;
133 [ (29) ] (34) "V eterinary facility", any place or unit from which the practice of
134 veterinary medicine is conducted, including but not limited to the following:
135 (a) "V eterinary or animal hospital or clinic", a facility that meets or exceeds all
136 physical requirements and minimum standards as established by board rule for veterinary
137 facilities; provides quality examination, diagnostic and health maintenance services for
138 medical and surgi cal treatment of animals and is equipped to provide housing and nursing
139 care for animals during illness or convalescence;
140 (b) "Specialty practice or clinic", a facility that provides complete specialty service by
141 a licensed veterinarian who has advanced training in a specialty and is a diplomate of an
142 approved specialty board. A specialty practice or clinic shall meet all minimum standards
143 which are applicable to a specialty as established by board rule;
144 (c) "Central hospital", a facility that meets all requirements of a veterinary or animal
145 hospital or clinic as defined in paragraph (a) of this subdivision and other requirements as
146 established by board rule, and which provides specialized care, including but not limited to
147 twenty-four -hour nursing care and specialty consultation on a permanent or on-call basis. A
148 central hospital shall be utilized primarily on referral from area veterinary hospitals or clinics;
149 (d) "Satellite, outpatient or mobile small animal clinic", a supportive facility owned
150 by or associated with and has ready access to a full-service veterinary hospital or clinic or a
151 central hospital providing all mandatory services and meeting all physical requirements and
152 minimum standards as established by sections 340.200 to 340.330 or by board rule;
153 (e) "Lar ge animal mobile clinic", a facility that provides examination, diagnostic and
154 preventive medicine and minor surg ical services for lar ge animals not requiring confinement
155 or hospitalization;
156 (f) "Emergency clinic", a facility established to receive patients and to treat illnesses
157 and injuries of an emer gency nature;
158 [ (30) ] (35) "V eterinary candidate", a person who has received a doctor of veterinary
159 medicine or equivalent degree from an accredited school or college of veterinary medicine
160 and who is working under the supervision of a board-approved licensed veterinarian;
161 [ (31) ] (36) "V eterinary intern", a person who has received a doctor of veterinary
162 medicine or equivalent degree from an accredited school or college of veterinary medicine
HB 2470 5
163 and who is participating in additional clinical training in veterinary medicine to prepare for
164 A VMA-recognized certification or specialization;
165 [ (32) ] (37) "V eterinary medicine", the science of diagnosing, treating, changing,
166 alleviating, rectifying, curing or preventing any animal disease, deformity , defect, injury or
167 other physical or mental condition, including, but not limited to, the prescription or
168 administration of any drug, medicine, biologic, apparatus, application, anesthesia or other
169 therapeutic or diagnostic substance or technique on any animal, including, but not limited to,
170 acupuncture, dentistry , animal psychology , animal chiropractic, theriogenology , sur gery , both
171 general and cosmetic sur gery , any manual, mechanical, biological or chemical procedure for
172 testing for pregnancy or for correcting sterility or infertility or to render service or
173 recommendations with regard to any of the procedures in this subdivision;
174 [ (33) ] (38) "V eterinary student preceptee", a person who is pursuing a veterinary
175 degree in an accredited school of veterinary medicine which has a preceptor program and who
176 has completed the academic requirements of such program.
340.216. 1. It is unlawful for any person not licensed as a veterinarian under the
2 provisions of sections 340.200 to 340.330 to practice veterinary medicine or to do any act
3 which requires knowledge of veterinary medicine for valuable consideration, or for any
4 person not so licensed to hold himself or herself out to the public as a practitioner of
5 veterinary medicine by advertisement, the use of any title or abbreviation with the person's
6 name, or otherwise; except that nothing in sections 340.200 to 340.330 shall be construed as
7 prohibiting:
8 (1) Any person from gratuitously providing emer gency treatment, aid or assistance to
9 animals where a licensed veterinarian is not available within a reasonable length of time if the
10 person does not represent himself or herself to be a veterinarian or use any title or degree
11 appertaining to the practice thereof;
12 (2) Acts of a person who is a student in good standing in a school or college of
13 veterinary medicine or while working as a student preceptee, in performing duties or
14 functions assigned by the student's instructors, or while working under the appropriate level
15 of supervision of a licensed veterinarian as is consistent with the particular delegated animal
16 health care task as established by board rule, and acts performed by a student in a school or
17 college of veterinary medicine recognized by the board and performed as part of the
18 education and training curriculum of the school under the supervision of the faculty . The
19 unsupervised or unauthorized practice of veterinary medicine, even though on the premises of
20 a school or college of veterinary medicine, is prohibited;
21 (3) Personnel employed by the United States Department of Agriculture or the
22 Missouri department of agriculture from engaging in animal disease, parasite control or
23 eradication programs, or other functions specifically required and authorized to be performed
HB 2470 6
24 by unlicensed federal or state of ficials under any lawful act or statute, except that this
25 exemption shall not apply to such persons not actively engaged in performing or fulfilling
26 their of ficial duties and responsibilities;
27 (4) Any merchant or manufacturer from selling drugs, medicine, appliances or other
28 products used in the prevention or treatment of animal diseases if such drug, medicine,
29 appliance or other product is not marked by the appropriate federal label. Such merchants or
30 manufacturers shall not, either directly or indirectly , attempt to diagnose a symptom or
31 disease in order to advise treatment, use of drugs, medicine, appliances or other products;
32 (5) The owner of any animal or animals and the owner's full-time employees from
33 caring for and treating any animals belonging to such owner , with or without the advice and
34 consultation of a licensed veterinarian, provided that the ownership of the animal or animals
35 is not transferred, or employment changed, to avoid the provisions of sections 340.200 to
36 340.330; however , only a licensed veterinarian may immunize or treat an animal for diseases
37 which are communicable to humans and which are of public health significance, except as
38 otherwise provided for by board rule;
39 (6) Any person qualified as a livestock r eprod uctive specialist, acting under
40 indir ect supervision of a licensed veterinarian, fro m performing advanced r eprod uctive
41 technologies on livestock;
42 (7) Any graduate of any accredited school of veterinary medicine while engaged in a
43 veterinary candidacy program or foreign graduate from a nonaccredited school or college of
44 veterinary medicine while engaged in a veterinary candidacy program or clinical evaluation
45 program, and while under the appropriate level of supervision of a licensed veterinarian
46 performing acts which are consistent with the particular delegated animal health care task;
47 [ (7) ] (8) State agencies, accredited schools, institutions, foundations, business
48 corporations or associations, physicians licensed to practice medicine and surgery in all its
49 branches, graduate doctors of veterinary medicine, or persons under the direct supervision
50 thereof from conducting experiments and scientific research on animals in the development of
51 pharmaceuticals, biologicals, serums, or methods of treatment, or techniques for the diagnosis
52 or treatment of human ailments, or when engaged in the study and development of methods
53 and techniques directly or indirectly applicable to the problems of the practice of veterinary
54 medicine;
55 [ (8) ] (9) Any veterinary technician, duly registered by , and in good standing with, the
56 board from administering medication, appliances or other products for the treatment of
57 animals while under the appropriate level of supervision as is consistent with the delegated
58 animal health care task;
HB 2470 7
59 [ (9) ] (10) A consulting veterinarian while working in a consulting capacity in
60 Missouri while under the immediate supervision of a veterinarian licensed and in good
61 standing under sections 340.200 to 340.330; and
62 [ (10) ] (1 1) Any animal chiropractic practitioner from engaging in the practice of
63 animal chiropractic if the animal chiropractic practitioner has received a referral of the animal
64 from a licensed veterinarian with a current veterinarian-client-patient relationship, as defined
65 in section 340.200. The referring veterinarian may limit the number of visits or length of
66 treatment at the time of referral or after consultation with the animal chiropractic practitioner .
67 2. Nothing in sections 340.200 to 340.330 shall be construed as limiting the board's
68 authority to provide other exemptions or exceptions to the requirements of licensing as the
69 board may find necessary or appropriate under its rulemaking authority .
340.218. The use of any title, words, abbreviations, letters or symbol in a manner or
2 under circumstances which induce the reasonable belief that the person using them is
3 qualified to do any act described in subdivision [ (32) ] (37) of section 340.200 is prima facie
4 evidence of the intention to represent such person as engaged in the practice of veterinary
5 medicine under sections 340.200 to 340.330.
340.220. It is considered the practice of veterinary medicine to use any invasive
2 procedure to remove any embryo or oocyte from an animal for the purpose of transplanting
3 such embryo or fertilized oocyte into another female animal or for the purpose of
4 cryopreserving such embryo, or to implant such embryo into an animal. It is not considered
5 the practice of veterinary medicine for :
6 (1) A person or that person's full-time employees to remove an embryo from the
7 person's own animal for the purpose of transplanting or cryopreserving such embryo or to
8 implant an embryo into the person's own animal; however , ownership of the animal shall not
9 be transferred or the employment of any person changed for the purpose of circumventing
10 sections 340.200 to 340.330 ; or
11 (2) A livestock r epr oductive specialist trained in advanced r epr oductive
12 technologies to rem ove an embryo or oocyte fr om livestock for the purpose of
13 transplanting such embryo or fertilized oocyte into another female livestock animal or
14 for the purpose of cryopr eserving such embryo, or to implant such embryo into a
15 livestock animal while under indirect supervision of a licensed veterinarian .
340.222. 1. A supervisor , as defined in subdivision [ (23) ] (28) of section 340.200, is
2 individually and separately responsible and liable for the performance of the acts delegated to
3 and the omissions of the veterinary technician, veterinary medical candidate, temporary
4 licensee, veterinary medical preceptee, livestock repr oductive specialist, unregistered
5 assistant or any other individual working under his or her supervision.
HB 2470 8
6 2. Nothing in this section shall be construed to relieve veterinary technicians,
7 veterinary medical candidates, provisional licensees, temporary licensees, veterinary medical
8 preceptees , livestock r epro ductive specialists, or unregistered assistants of any
9 responsibility or liability for any of their own acts or omissions.
340.295. 1. A person holding a doctorate fro m an accr edited college or
2 university with an emphasis on animal rep rodu ctive physiology , or a master of science
3 degr ee from an accr edited college or university with an emphasis on animal
4 r epr oductive physiology , and who holds membership in a nationally r ecognized
5 organization that acknowledges persons performing embryo transfer or in vitr o
6 fertilization, such as the American Embryo T ransfer Association, may pr ovide advanced
7 r eprodu ctive technologies to livestock under indir ect supervision of a licensed
8 veterinarian.
9 2. A person with the educational attainment identified in subsection 1 of this
10 section, but who is not a member of a nationally recog nized organization that
11 acknowledges persons performing embryo transfer or in vitr o fertilization, may qualify
12 as a livestock rep rodu ctive specialist by examination and, upon successful certification
13 examination under subsection 3 of this section, may pr ovide advanced r eprod uctive
14 technologies to livestock under indirect supervision of a licensed veterinarian.
15 3. (1) Ther e is here by established a committee, appointed and overseen by the
16 board, to be known as the "Certification Examination Committee", to be composed of
17 thr ee members as follows: a veterinarian designated by the dean of the University of
18 Missouri College of V eterinary Medicine; an animal scientist with a doctorate with an
19 emphasis on animal repr oductive physiology designated by the dean of the University of
20 Missouri College of Agriculture , Food and Natural Resour ces; and an animal
21 embryologist designated by the American Embryo T ransfer Association. Each
22 appointment shall be for a term of four years, and a member shall not serve mor e
23 than two terms.
24 (2) The certification examination and continuing education of livestock
25 r epro ductive specialists under this section shall be appr oved by the committee under
26 this subsection. Pr oof of at least eight hours of continuing education fr om courses and
27 study appr oved by the committee shall be requi red for annual certification renewa l as a
28 livestock re prod uctive specialist.
✔
HB 2470 9