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5533S.07C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 883
AN ACT
To repeal sections 340.200, 340.208, 340.210,
340.212, 340.216, 340.218, 340.220, 340.222, 340.226,
340.228, 340.230, 340.232, 340.234, 340.238, 340.258,
340.264, 340.296, 340.298, 340.300, 340.302, 340.304,
340.306, 340.310, 340.312, 340.314, 340.318, 340.320,
340.322, 340.326, 340.328, 340.330, 340.337, 340.341,
340.343, 340.347, 340.390, and 340.393, RSMo, and to
enact in lieu thereof forty new sections relating to
the licensing of certain veterinary professionals.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 340.200, 340.208, 340.210, 340.212,
340.216, 340.218, 340.220, 340.222, 340.226, 340.228, 340.230,
340.232, 340.234, 340.238, 340.258, 340.264, 340.296, 340.298,
340.300, 340.302, 340.304, 340.306, 340.310, 340.312, 340.314,
340.318, 340.320, 340.322, 340.326, 340.328, 340.330, 340.337,
340.341, 340.343, 340.347, 340.390, and 340.393, RSMo, are
repealed and forty new sections enacted in lieu thereof, to be
known as sections 340.200, 340.208, 340.210, 340.212, 340.216,
340.218, 340.220, 340.222, 340.226, 340.228, 340.230, 340.232,
340.234, 340.238, 340.249, 340.251, 340.258, 340.264, 340.295,
340.296, 340.298, 340.300, 340.302, 340.304, 340.306, 340.310,
340.312, 340.314, 340.318, 340.320, 340.322, 340.326, 340.328,
340.330, 340.337, 340.341, 340.343, 340.347, 340.390, and
340.393, to read as follows:
340.200. When used in sections 340.200 to 340.330, the
following terms mean:
(1) "AAVSB", the American Association of Veterinary
State Boards;
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(2) "Accredited school of veterinary medicine", any
veterinary college or division of a university or college
that offers the degree of doctor of veterinary medicine or
its equivalent and is accredited by the [American Veterinary
Medical Association (AVMA)] Council on Education of the AVMA;
(3) "Accredited program in veterinary technology", any
postsecondary educational program that offers a degree in
veterinary technology or its equivalent and is accredited by
the Committee on Veterinary Technician Education and
Activities of the AVMA;
(4) "Advanced reproduction technologies", processes by
which more offspring of bovine animals can be propagated to
help multiply the success of breeding and marketing
programs; these technologies include, but are not limited
to, in vitro fertilization and bovine embryo transfer;
(5) "Allied professionals", health care professionals
who hold licenses issued by a Missouri state regulatory
board, in areas of traditional human medicine. Allied
professionals support, enhance, or extend the services
provided by veterinary care providers. Allied professionals
work under the immediate supervision of a licensed
veterinarian, unless otherwise determined by board rule, or
excluded by subdivision (10) of subsection 1 of section
340.216;
[(2)] (6) "Animal", any wild, exotic or domestic,
living or dead animal or mammal other than man, including
birds, fish and reptiles;
[(3)] (7) "Animal chiropractic", the examination and
treatment of an animal through vertebral subluxation complex
or spinal, joint, or musculoskeletal manipulation by an
animal chiropractic practitioner. The term "animal
chiropractic" shall not be construed to require supervision
by a licensed veterinarian to practice or to allow the
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diagnosing of an animal; the performing of surgery; the
dispensing, prescribing, or administering of medications,
drugs, or biologics; or the performance of any other type of
veterinary medicine when performed by an individual licensed
by the state board of chiropractic examiners;
[(4)] (8) "Animal chiropractic practitioner":
(a) A licensed veterinarian; or
(b) An individual who is licensed by the state board
of chiropractic examiners to engage in the practice of
chiropractic, as defined in section 331.010; who is
certified by the AVCA, IVCA, or other equivalent certifying
body; who has graduated from a certification course in
animal chiropractic with not less than two hundred ten hours
of instruction; and whose practice of animal chiropractic
shall be regulated by the state board of chiropractic
examiners under chapter 331;
[(5)] (9) "Applicant", an individual who files an
application to be licensed to practice veterinary medicine
or to be registered as a veterinary technician;
[(6)] (10) "Appointed member of the board", regularly
appointed members of the Missouri veterinary medical board,
not including the state veterinarian who serves on the board
ex officio;
[(7)] (11) "AVCA", the American Veterinary
Chiropractic Association or its successor organization;
(12) "AVMA", the American Veterinary Medical
Association;
[(8)] (13) "Board", the Missouri veterinary medical
board;
(14) "Bovine embryo transfer" or "ET", a process of
administering specific hormonal treatment to a donor animal
to cause multiple follicles to ovulate, breeding the donor
using artificial insemination, and non-surgically collecting
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the embryos from the donor's uterus to transfer into a
recipient bovine female, or freezing the embryo to be
implanted at a later date and includes the administration of
lidocaine by caudal epidural on the donor and recipient
animals;
(15) "Bovine reproductive professional", an individual
who is not a registered veterinary technician or
technologist or licensed veterinarian but holds at least a
master of science in animal sciences or other equivalent
degree with coursework in reproductive physiology;
(16) "Certified veterinary assistant", an unregistered
assistant who, in order to expand his or her knowledge and
skills, completed additional training with the Certified
Veterinary Assistant Program of the Missouri Veterinary
Medical Association;
[(9)] (17) "Consulting veterinarian", a veterinarian
licensed in another state, country or territory who gives
advice or demonstrates techniques to a licensed Missouri
veterinarian or group of licensed Missouri veterinarians.
The licensed veterinarian receiving the consultation
maintains the veterinarian-client-patient relationship;
[(10)] (18) "ECFVG certificate", a certificate issued
by the American Veterinary Medical Association Educational
Commission for Foreign Veterinary Graduates or its
successor. The certificate [must] shall indicate that the
holder of the certificate has demonstrated knowledge and
skill equivalent to that possessed by a graduate of an
accredited school of veterinary medicine with a doctor of
veterinary medicine degree or its equivalent;
[(11)] (19) "Emergency", when an animal has been
placed in a life-threatening condition and immediate
treatment is necessary to sustain life or where death is
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imminent and action is necessary to relieve pain or
suffering;
[(12)] (20) "Faculty member", full professors,
assistant professors, associate professors, clinical
instructors and residents but does not include interns or
adjunct appointments;
[(13)] (21) "Foreign veterinary graduate", any person,
including foreign nationals and American citizens, who has
received a professional veterinary medical degree from an
AVMA listed veterinary college located outside the
boundaries of the United States, its territories or Canada,
that is not accredited by the AVMA;
(22) "In vitro fertilization" or "IVF", a process of
harvesting unfertilized oocytes directly from the ovaries of
a donor animal by needle aspiration, fertilizing the
retrieved oocytes, and transferring the resultant fertilized
embryos seven days post fertilization into a recipient
bovine female, or frozen to be implanted at a later date and
includes the administration of lidocaine by caudal epidural
on the donor and recipient animals;
[(14)] (23) "IVCA", the International Veterinary
Chiropractic Association or its successor organization;
[(15)] (24) "License", any permit, approval,
registration or certificate issued or renewed by the board;
[(16)] (25) "Licensed veterinarian", an individual who
is validly and currently licensed to practice veterinary
medicine in Missouri as determined by the board in
accordance with the requirements and provisions of sections
340.200 to 340.330;
(26) "Locum tenes", a licensed veterinarian who
provides professional services at one of this state's
institutions of higher learning on a temporary basis as
provided by section 340.249;
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[(17)] (27) "Minimum standards", standards as set by
board rule and which establish the minimum requirements for
the practice of veterinary medicine in the state of Missouri
as are consistent with the intent and purpose of sections
340.200 to 340.330;
(28) "PAVE certificate", a certificate issued by the
Program for the Assessment of Veterinary Education
Equivalence operated by the AAVSB documenting that a
graduate of an international nonaccredited veterinary
program has demonstrated knowledge and skill equivalent to
that possessed by a graduate of an college of veterinary
medicine accredited by the Council on Education of the AVMA
with a doctor of veterinary medicine degree or its
equivalent in order to take the North American Veterinary
Licensing Examination and to be eligible to apply for
licensure;
[(18)] (29) "Person", any individual, firm,
partnership, association, joint venture, cooperative or
corporation or any other group or combination acting in
concert; whether or not acting as principal, trustee,
fiduciary, receiver, or as any kind of legal or personal
representative or as the successor in interest, assigning
agent, factor, servant, employee, director, officer or any
other representative of such person;
[(19)] (30) "Practice of veterinary medicine", to
represent directly, indirectly, publicly or privately an
ability and willingness to do any act described in
subdivision [(32)] (45) of this section;
[(20)] (31) "Provisional license", a license issued to
a person while that person is engaged in a veterinary
candidacy program;
[(21)] (32) "Registered veterinary technician or
technologist", a person who is formally trained for the
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specific purpose of assisting a licensed veterinarian with
technical services under the appropriate level of
supervision as is consistent with the particular delegated
animal health care task;
[(22)] (33) "Supervision":
(a) ["Immediate supervision", the licensed
veterinarian is in the immediate area and within audible and
visual range of the animal patient and the person treating
the patient;
(b)] "Direct supervision", the licensed veterinarian
is on the premises where the animal is being treated and is
quickly and easily available and the animal has been
examined by a licensed veterinarian at such times as
acceptable veterinary medical practice requires consistent
with the particular delegated animal health care task;
(b) "Immediate supervision", the licensed veterinarian
is in the immediate area and within audible and visual range
of the animal patient and the person treating the patient;
(c) "Indirect supervision", the licensed veterinarian
need not be on the premises but has given either written or
oral instructions for the treatment of the animal patient or
treatment protocol has been established and the animal has
been examined by a licensed veterinarian at such times as
acceptable veterinary medical practice requires consistent
with the particular delegated health care task; provided
that the patient is not in a surgical plane of anesthesia
and the licensed veterinarian is available for consultation
on at least a daily basis;
[(23)] (34) "Supervisor", a Missouri licensed
veterinarian employing or utilizing the services of a
registered veterinary technician or technologist, veterinary
intern, veterinary resident, temporary provisional licensee,
veterinary medical student, unregistered assistant or any
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other individual working under that veterinarian's
supervision;
(35) "Teleadvice", providing remote health
information, opinion, or guidance that is not specific to a
patient's health, illness, or injury. This general advice
is not intended to diagnose, prognose, or treat a patient's
physical or mental illness or injury. A VCPR is not
required;
(36) "Telehealth", all uses of technology to deliver
health information, education, guidance, or care remotely;
[(24)] (37) "Temporary license", any temporary
permission to practice veterinary medicine issued by the
board pursuant to section 340.248;
[(25)] (38) "Unregistered assistant", any individual
who is not a registered veterinary technician or
technologist or licensed veterinarian and is employed by a
licensed veterinarian. The term "unregistered assistant"
shall include, but shall not be limited to, a certified
veterinary assistant;
[(26)] (39) "Veterinarian", "doctor of veterinary
medicine", "DVM", "VMD", or equivalent title, a person who
has received a [doctor's] doctorate degree in veterinary
medicine from an accredited school of veterinary medicine or
holds [a] an ECFVG certificate issued by the AVMA or holds a
PAVE certificate issued by the AAVSB;
[(27)] (40) "Veterinarian-client-patient relationship"
or "VCPR", is established when the veterinarian has assumed
the responsibility for making medical judgments regarding
the health of the animal and the need for medical treatment,
and the client, owner or owner's agent has agreed to follow
the instructions of the veterinarian. There is sufficient
knowledge of the animal by the veterinarian to initiate at
least a general or preliminary diagnosis of the medical
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condition of the animal. Veterinarian-client-patient
relationship means that the veterinarian [has recently seen
and] is personally acquainted with the keeping and care of
the animal by virtue of an in-patient examination or by
medically appropriate and timely visits to the premises
where the animal is kept[. The practicing veterinarian is
readily available for follow-up care in case of adverse
reactions or failure of the prescribed course of therapy]
and has provided an emergency care plan. The veterinarian-
client-patient relationship may be extended or is
transferable to a veterinarian practicing under the same
Missouri facility permit after the veterinarian reviews the
patient's medical history and assumes responsibility for any
medical treatment decisions;
[(28)] (41) "Veterinary candidacy program", a program
by which a person who has received a doctor of veterinary
medicine or equivalent degree from an accredited school of
veterinary medicine can obtain the practical experience
required for licensing in Missouri pursuant to sections
340.200 to 340.330;
(42) "Veterinary candidate", a person who has received
a doctor of veterinary medicine or equivalent degree from an
accredited school or college of veterinary medicine and who
is working under the supervision of a board-approved
licensed veterinarian;
[(29)] (43) "Veterinary facility", any place or unit
from which the practice of veterinary medicine is conducted,
including but not limited to the following:
(a) ["Veterinary or animal hospital or clinic", a
facility that meets or exceeds all physical requirements and
minimum standards as established by board rule for
veterinary facilities; provides quality examination,
diagnostic and health maintenance services for medical and
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surgical treatment of animals and is equipped to provide
housing and nursing care for animals during illness or
convalescence;
(b) "Specialty practice or clinic", a facility that
provides complete specialty service by a licensed
veterinarian who has advanced training in a specialty and is
a diplomate of an approved specialty board. A specialty
practice or clinic shall meet all minimum standards which
are applicable to a specialty as established by board rule;
(c)] "Central hospital", a facility that meets all
requirements of a veterinary or animal hospital or clinic as
defined in paragraph [(a)] (g) of this subdivision and other
requirements as established by board rule, and which
provides specialized care, including but not limited to
twenty-four-hour nursing care and specialty consultation on
permanent or on-call basis. A central hospital shall be
utilized primarily on referral from area veterinary
hospitals or clinics;
[(d) "Satellite, outpatient or mobile small animal
clinic", a supportive facility owned by or associated with
and has ready access to a full-service veterinary hospital
or clinic or a central hospital providing all mandatory
services and meeting all physical requirements and minimum
standards as established by sections 340.200 to 340.330 or
by board rule;
(e) "Large animal mobile clinic", a facility that
provides examination, diagnostic and preventive medicine and
minor surgical services for large animals not requiring
confinement or hospitalization;
(f)] (b) "Emergency clinic", a facility established to
receive patients and to treat illnesses and injuries of an
emergency nature;
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(c) "Large animal mobile clinic", a facility that
provides examination, diagnostic and preventive medicine and
minor surgical services for large animals not requiring
confinement or hospitalization;
(d) "Limited practice", a practice limited to a
specific service or services within veterinary medicine.
The board will determine the required standards appropriate
for each limited practice;
(e) "Satellite, outpatient or mobile small animal
clinic", a supportive facility owned by or associated with
and has ready access to a full-service veterinary hospital
or clinic or a central hospital providing all mandatory
services and meeting all physical requirements and minimum
standards as established by sections 340.200 to 340.330 or
by board rule;
(f) "Specialty practice or clinic", a facility that
provides complete specialty service by a licensed
veterinarian who has advanced training in a specialty and is
a diplomate of an approved specialty board. A specialty
practice or clinic shall meet all minimum standards which
are applicable to a specialty as established by board rule;
(g) "Veterinary or animal hospital or clinic", a
facility that meets or exceeds all physical requirements and
minimum standards as established by board rule for
veterinary facilities; provides quality examination,
diagnostic and health maintenance services for medical and
surgical treatment of animals and is equipped to provide
housing and nursing care for animals during illness or
convalescence;
[(30) "Veterinary candidate", a person who has
received a doctor of veterinary medicine or equivalent
degree from an accredited school or college of veterinary
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medicine and who is working under the supervision of a board-
approved licensed veterinarian;
(31)] (44) "Veterinary intern" or "veterinary
resident", a person who has received a doctor of veterinary
medicine or equivalent degree from an accredited school or
college of veterinary medicine and who is participating in
additional clinical training in veterinary medicine [to
prepare for AVMA-recognized certification or specialization];
[(32)] (45) "Veterinary medicine", the science of
diagnosing, treating, changing, alleviating, rectifying,
curing or preventing any animal disease, deformity, defect,
injury or other physical or mental condition, including, but
not limited to, the prescription or administration of any
drug, medicine, biologic, apparatus, application, anesthesia
or other therapeutic or diagnostic substance or technique on
any animal, including, but not limited to, acupuncture,
dentistry, animal psychology, animal chiropractic,
theriogenology, surgery, both general and cosmetic surgery,
any manual, mechanical, biological or chemical procedure for
testing for pregnancy or for correcting sterility or
infertility or to render service or recommendations with
regard to any of the procedures in this subdivision;
[(33)] (46) "Veterinary student preceptee", a person
who is pursuing a veterinary degree in an accredited school
of veterinary medicine which has a preceptor program and who
has completed the academic requirements of such program;
(47) "Veterinary technician specialist", a veterinary
technician or veterinary technologist who has completed a
formal process of education, training experience, and
testing through a specialty academy approved by the
Committee on Veterinary Technician Specialties of the
National Association of Veterinary Technicians in America;
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(48) "Veterinary technologist", a graduate of an
accredited program in veterinary technology that grants a
baccalaureate degree;
(49) "Veterinary telemedicine", the practice of
veterinary medicine through the use of telecommunications
technology that allows a Missouri licensed veterinarian with
a properly established VCPR to evaluate, diagnose, and treat
a specific patient or group of patients virtually.
340.208. Each member of the board shall receive as
compensation an amount set by the board not to exceed
[fifty] one hundred dollars for each day devoted to the
affairs of the board and shall be entitled to reimbursement
of expenses necessarily incurred in the discharge of
official duties.
340.210. 1. The board shall adopt and have a common
seal bearing the name "Missouri Veterinary Medical Board".
2. The powers of the board are granted to enable the
board to effectively supervise the practice of veterinary
medicine and to carry out the intent and provisions of
sections 340.200 to 340.330, and, therefore, are to be
construed liberally in order to accomplish such objectives.
3. Including, but not limited to, the board shall have
the power to:
(1) Examine and determine the qualifications and
fitness of applicants for a license to practice veterinary
medicine in this state;
(2) Conduct investigations of complaints or other
investigations as deemed necessary by the board for the
purpose of discovering violations of sections 340.200 to
340.330 or grounds for disciplining any person licensed or
regulated under sections 340.200 to 340.330, or any person
engaging in the unlicensed practice of veterinary medicine,
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and to contract for, or appoint persons or committees, to
assist in such investigations;
(3) Issue, renew, deny, suspend, revoke, or place on
probation any license, certificate, authority or permit to
practice or assist in the practice of veterinary medicine in
this state, or to otherwise discipline or assess civil
monetary penalties or order restitution, or other actions
consistent with the provisions of sections 340.200 to
340.330 and the rules adopted thereunder;
[(3) Conduct investigations of complaints or other
investigations as deemed necessary by the board for the
purpose of discovering violations of sections 340.200 to
340.330 or grounds for disciplining any person licensed or
regulated under sections 340.200 to 340.330, and to contract
for or appoint persons or committees to assist in such
investigations;]
(4) Hold hearings, issue subpoenas and take testimony
bearing on the records of applicants for licensing or
licensees who may be under consideration by the board for
discipline and to issue final orders of the board on such
matters that come before the board;
(5) Issue permits to and, upon complaint by any
person, inspect any veterinary facility utilized by any
practicing veterinarian or from which the practice of
veterinary medicine is conducted. [Such inspection shall
not include any vehicle used in the practice of veterinary
medicine, unless the board has received a complaint
regarding such vehicle, then the board may inspect the
vehicle.] Such inspection shall be made by the board, a
board member or other authorized representatives as
appointed by the board. The results of the inspection shall
be reported to the board, on forms prescribed by the board,
the purpose of which shall be to ensure compliance with the
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provisions of sections 340.200 to 340.330 or board rules
promulgated thereunder for such facilities or for seeking
disciplinary action in all instances where the board has
reason to believe there are or may be violations of such
provisions or rules;
(6) Provide registration for veterinary technicians or
veterinary technologists, temporary licensees and
provisional licensees and to adopt rules concerning the
training, supervision and service limits, and continuing
education of such persons while employed or acting under the
supervision of licensed veterinarians and to have exclusive
jurisdiction in determining the eligibility and
qualification requirements and in granting or refusing to
grant any registration, certificate or license for any such
person or to discipline any person so registered or licensed
under the provisions of sections 340.200 to 340.330 or by
board rule;
(7) Fix by board rule minimum standards for, but not
limited to, the practice of veterinary medicine, medical
records, emergency services, radiological services,
dispensed drug labeling, nursing care, veterinary
facilities, sanitation and sterilization, veterinarian-
client-patient relationships, and continuing education;
(8) Employ full- or part-time personnel, including an
executive director, professional, clerical or special
personnel as necessary to effectuate the provisions of
sections 340.200 to 340.330 and to rent or purchase any
necessary space, equipment and supplies within available
appropriations;
(9) Establish fees necessary to administer the
provisions of sections 340.200 to 340.330;
(10) Authorize the chairman or vice chairman to sign
complaints or referrals for proceedings before the
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administrative hearing commission or in a court of competent
jurisdiction as necessary for the enforcement of sections
340.200 to 340.330;
(11) Appoint from its own membership one or more
members to act as representatives of the board at any
meeting within or without the state when such representation
is deemed desirable;
(12) Establish standing or ad hoc committees from its
membership or other licensees under chapter 340 to
facilitate its work effectively, fulfill its duties and to
exercise its powers. Such committees [must] shall consist
of at least two board members to transact business. Any
business or action of the committee shall have no effect
until and unless the business or action is ratified by a
majority vote of the full board;
(13) Adopt, amend or repeal all rules necessary to
carry into effect the provisions of sections 340.200 to
340.330, including, but not limited to, the establishment
and publication of rules of professional conduct for the
practice of veterinary medicine and such rules as it deems
necessary to supervise the practice of veterinary medicine.
Such rules [must] shall be published and made available upon
request to persons licensed or registered under sections
340.200 to 340.330 at no cost and distributed at no cost to
all applicants for licensing or registration under sections
340.200 to 340.330. Any proposed rulemaking, revision or
amendment thereto, shall be accomplished in accordance with
the requirements and provisions of chapter 536;
(14) Assist the attorney general and any state and
local law enforcement in any proper action to oust from
practice unlawful practitioners or remove from practice
licensed or registered persons in violation of any provision
of sections 340.200 to 340.330 or board rule and assist with
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any prosecution for criminal violations of sections 340.200
to 340.330; and
(15) Enter into contracts with any entity, public or
private, for the purpose of having examinations prepared,
graded, evaluated, proctored, or for any other examination
service deemed desirable or necessary by the board.
4. No rule or portion of a rule promulgated under the
authority of this chapter shall become effective unless it
has been promulgated pursuant to the provisions of chapter
536.
340.212. 1. The board shall cause the executive
director to prepare and maintain a written record of all
board proceedings whether or not such proceedings are
formal, informal, open or closed to the public. All records
so prepared and maintained and other documents or reports
incorporated therein shall be open to the public except
where specifically required or allowed to be closed to the
public pursuant to chapter 610.
2. Other provisions of section 324.001 to the contrary
notwithstanding, the board shall publish a list of the names
and addresses of all persons who hold licenses under the
provisions of sections 340.200 to 340.330, and shall publish
a list of all persons whose licenses have been suspended,
revoked, surrendered, restricted, denied, withheld, or
otherwise disciplined, whether voluntarily or not. The
board shall [mail] provide a copy of such list to any
person, agency or professional association upon request
[and] with payment of a fee as necessary for photocopying
and postage as established by board rule. The board may
forward such lists at no charge and upon its own motion for
the purpose of voluntary interstate exchange of information
or to other administrative or law enforcement agencies
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acting within the scope of their statutory authority,
whether the same be interstate or intrastate.
3. Other provisions of section 324.001 to the contrary
notwithstanding, the board shall prepare and make available
to the public a report upon the final disciplinary actions
taken by the board or denial of licensure. Such report
shall set forth findings of fact, grounds for such denial or
discipline, names of board members who were present, and any
resulting order or directive of the board; the same to apply
whether or not discipline or denial is voluntarily agreed to
by the licensee or applicant. Whenever a person possessing
a license voluntarily enters chemical or alcohol treatment
and monitoring programs for purposes of rehabilitation by
informal agreement with the board, the action shall not be
reported with any other actions taken or agreed to between
the board and the licensee or applicant.
4. Where the board does not recommend disciplinary
action, a report stating that no action is recommended shall
be prepared and forwarded to the complaining party and the
licensee or applicant.
5. Members of the board or employees of the board
shall be immune from any suit predicated on the publication
of information, reports or lists required by this section.
340.216. 1. It is unlawful for any person not
licensed as a veterinarian under the provisions of sections
340.200 to 340.330 to practice veterinary medicine or to do
any act which requires knowledge of veterinary medicine for
valuable consideration, or for any person not so licensed to
hold himself or herself out to the public as a practitioner
of veterinary medicine by advertisement, the use of any
title or abbreviation with the person's name, or otherwise;
except that nothing in sections 340.200 to 340.330 shall be
construed as prohibiting:
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(1) Any person from gratuitously providing emergency
treatment, aid or assistance to animals where a licensed
veterinarian is not available within a reasonable length of
time if the person does not represent himself or herself to
be a veterinarian or use any title or degree appertaining to
the practice thereof;
(2) Acts of a person who is a student in good standing
in a school or college of veterinary medicine or while
working as a student preceptee, in performing duties or
functions assigned by the student's instructors, or while
working under the appropriate level of supervision of a
licensed veterinarian as is consistent with the particular
delegated animal health care task as established by board
rule, and acts performed by a student in a school or college
of veterinary medicine recognized by the board and performed
as part of the education and training curriculum of the
school under the supervision of the faculty. The
unsupervised or unauthorized practice of veterinary
medicine, even though on the premises of a school or college
of veterinary medicine, is prohibited;
(3) Personnel employed by the United States Department
of Agriculture or the Missouri department of agriculture
from engaging in animal disease, parasite control or
eradication programs, or other functions specifically
required and authorized to be performed by unlicensed
federal or state officials under any lawful act or statute,
except that this exemption shall not apply to such persons
not actively engaged in performing or fulfilling their
official duties and responsibilities;
(4) Any merchant or manufacturer from selling drugs,
medicine, appliances or other products used in the
prevention or treatment of animal diseases if such drug,
medicine, appliance or other product is not marked by the
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appropriate federal label. Such merchants or manufacturers
shall not, either directly or indirectly, attempt to
diagnose a symptom or disease in order to advise treatment,
use of drugs, medicine, appliances or other products;
(5) The owner of any animal or animals and the owner's
full-time employees from caring for and treating any animals
belonging to such owner, with or without the advice and
consultation of a licensed veterinarian, provided that the
ownership of the animal or animals is not transferred, or
employment changed, to avoid the provisions of sections
340.200 to 340.330; however, only a licensed veterinarian
may immunize or treat an animal for diseases which are
communicable to humans and which are of public health
significance, except as otherwise provided for by board rule;
(6) Any person qualified as a bovine reproductive
professional, acting under indirect supervision of a
licensed veterinarian, while performing advanced
reproductive technologies on bovine animals;
(7) Any graduate of any accredited school of
veterinary medicine while engaged in a veterinary candidacy
program or foreign graduate from a nonaccredited school or
college of veterinary medicine while engaged in a veterinary
candidacy program or clinical evaluation program, and while
under the appropriate level of supervision of a licensed
veterinarian performing acts which are consistent with the
particular delegated animal health care task;
[(7)] (8) State agencies, accredited schools,
institutions, foundations, business corporations or
associations, physicians licensed to practice medicine and
surgery in all its branches, graduate doctors of veterinary
medicine, or persons under the direct supervision thereof
from conducting experiments and scientific research on
animals in the development of pharmaceuticals, biologicals,
21
serums, or methods of treatment, or techniques for the
diagnosis or treatment of human ailments, or when engaged in
the study and development of methods and techniques directly
or indirectly applicable to the problems of the practice of
veterinary medicine;
[(8)] (9) Any veterinary technician or technologist,
duly registered by, and in good standing with, the board
from administering medication, appliances or other products
for the treatment of animals while under the appropriate
level of supervision as is consistent with the delegated
animal health care task;
[(9)] (10) A consulting veterinarian while working in
a consulting capacity in Missouri while under the immediate
supervision of a veterinarian licensed and in good standing
under sections 340.200 to 340.330; [and
(10)] (11) Any animal chiropractic practitioner from
engaging in the practice of animal chiropractic if the
animal chiropractic practitioner has received a referral of
the animal from a licensed veterinarian with a current
veterinarian-client-patient relationship, as defined in
section 340.200. The referring veterinarian may limit the
number of visits or length of treatment at the time of
referral or after consultation with the animal chiropractic
practitioner; and
(12) A person from lecturing or giving instructions or
demonstrations at a school of veterinary medicine or in
connection with a continuing education course or seminar for
veterinarians.
2. Nothing in sections 340.200 to 340.330 shall be
construed as limiting the board's authority to provide other
exemptions or exceptions to the requirements of licensing as
the board may find necessary or appropriate under its
rulemaking authority.
22
340.218. The use of any title, words, abbreviations,
letters or symbol in a manner or under circumstances which
induce the reasonable belief that the person using them is
qualified to do any act described in subdivision [(32)] (45)
of section 340.200 is prima facie evidence of the intention
to represent such person as engaged in the practice of
veterinary medicine under sections 340.200 to 340.330.
340.220. It is considered the practice of veterinary
medicine to use any invasive procedure to remove any embryo
or oocyte from an animal for the purpose of transplanting
such embryo or resultant embryo from harvested oocyte into
another female animal or for the purpose of cryopreserving
such embryo, or to implant such embryo into an animal. It
is not considered the practice of veterinary medicine for:
(1) A person or that person's full-time employees to
remove an embryo from the person's own animal for the
purpose of transplanting or cryopreserving such embryo or to
implant an embryo into the person's own animal; however,
ownership of the animal shall not be transferred or the
employment of any person changed for the purpose of
circumventing sections 340.200 to 340.330; or
(2) A bovine reproductive professional trained in
advanced reproductive technologies to remove an embryo or
oocyte from a bovine animal for the purpose of transplanting
such embryo into another female bovine animal or for the
purpose of cryopreserving such embryo, or to implant such
embryo into a bovine animal while under indirect supervision
of a licensed veterinarian.
340.222. 1. A supervisor, as defined in subdivision
[(23)] (34) of section 340.200, is individually and
separately responsible and liable for the performance of the
acts delegated to and the omissions of the registered
veterinary technician or technologist, veterinary medical
23
candidate, temporary licensee, veterinary medical preceptee,
bovine reproductive professional, certified veterinary
assistant, unregistered assistant or any other individual
working under his or her supervision.
2. Nothing in this section shall be construed to
relieve registered veterinary technicians or technologists,
veterinary medical candidates, provisional licensees,
temporary licensees, veterinary medical preceptees, bovine
reproductive professionals, certified veterinary assistants,
or unregistered assistants of any responsibility or
liability for any of their own acts or omissions.
340.226. 1. A licensed veterinarian may practice
veterinary medicine as an employee of a corporation,
partnership or other business organization only so long as
the articles of incorporation, partnership agreement or
business organization documents clearly state that the
licensed veterinarian is not subject to the direction of
anyone not licensed to practice veterinary medicine in
Missouri in making veterinary medical decisions or
judgments. The methods and practice of veterinary medicine
may not be compelled or restricted by a governing body of a
political subdivision not specified in sections 340.200 to
340.330.
2. The provisions of subsection 1 of this section do
not apply to:
(1) A veterinarian treating his or her employer's
animals;
(2) A veterinarian employed by an agency of the
federal or state government or any political subdivision
thereof; or
(3) A veterinarian employed by a licensed research
facility.
24
3. The provisions of subsection 1 of this section do
not apply to any partnership, employee or owner if such
partnership, employment or ownership is in existence and has
been in existence for a period of six months prior to August
28, 1992. Such partnership, employee or owner shall be
recognized by the board and continue existing operations if
such partnership, employee or owner complies with all other
provisions of sections 340.200 to 340.330.
4. The provisions of subsection 1 shall apply when any
partnership of record on August 28, 1992, changes because of
death, dissolution, removal, admittance of new partners or
by any other means or when employment or ownership is
changed in any manner.
340.228. 1. Any person desiring a license to practice
veterinary medicine in the state of Missouri shall make [a
written] an application to the board on forms to be provided
by the board. The board shall provide such forms without
charge upon the applicant's request.
2. Each application shall contain a statement that is
made under oath or affirmation that representations made
therein are true, correct and contain no material omissions
of fact to the best knowledge and belief of the person
making the application and whose signature shall be
subscribed thereto. Any person who knowingly submits false
information, information intended to mislead the board, or
omits a material fact on the application shall be subject to
penalties provided for by the laws of this state for giving
a false statement under oath or affirmation, in addition to
any actions which the board may take pursuant to the
provisions of sections 340.200 to 340.330.
3. To qualify for licensure under sections 340.200 to
340.330, the application [must] shall show that the
applicant:
25
(1) Is a person of good moral character;
(2) Is a graduate of an accredited school of
veterinary medicine or as otherwise provided in section
340.230;
(3) Has completed a veterinary candidacy program after
graduation under the supervision of a veterinarian licensed
and in good standing in any state, territory or district of
the United States. The supervising veterinarian shall
submit an affidavit to the board stating that the applicant
has satisfactorily completed the veterinary candidacy
program. If the applicant submits satisfactory proof that
he or she has completed a student preceptor program
recognized and approved by the board before graduation, the
board may waive the veterinary candidacy requirement; and
(4) Has passed an examination or examinations as
prescribed by board rule. The examination or examinations
shall be designed to test the examinee's knowledge of, and
proficiency in, subjects and techniques commonly taught in
schools of veterinary medicine, the requirements of sections
340.200 to 340.330, other related statutes and
administrative rules and other material as determined by the
board. An examinee [must] shall demonstrate scientific,
practical and legal knowledge sufficient to establish for
the board that the examinee is competent to practice
veterinary medicine. The examination or examinations will
only be given in the English language. Applications for
examination shall be in writing, on a form furnished by the
board and shall include evidence satisfactory to the board
that the applicant possesses the qualifications set forth in
this section.
4. The board may require such other information and
proof of a person's fitness as it deems necessary.
26
340.230. Graduates of nonaccredited colleges of
veterinary medicine located outside the United States, its
territories and Canada to qualify for licensure shall
furnish proof which is satisfactory to the board that the
applicant has:
(1) Earned and currently holds an [Educational
Commission of Foreign Veterinarian Graduate (ECFVG)] ECFVG
certificate [provided] issued by the AVMA or holds a PAVE
certificate issued by the AAVSB;
(2) Completed a veterinary candidacy program; and
(3) Passed the national certifying examination or
examinations with a score at least equal to the passing
score required for licensure in Missouri.
340.232. 1. The application shall be accompanied by
registration and examination fees as established by board
rule pursuant to section 340.210. The registration fee
shall not be returned if the applicant is admitted to the
practice of veterinary medicine but shall be deemed to
include payment of the registration fee for the remainder of
the licensing period in which the applicant is admitted.
2. The examination fee shall be returned to the
applicant if the board determines that the applicant is not
qualified to sit for the examination. However, the
examination fee shall not be returned if the board denied
the application because the applicant provided false
information.
3. If an applicant fails an examination, the applicant
shall:
(1) Pay examination fees for each subsequent
application; and
(2) Wait for some period of time as prescribed by
board rule from the date of the failed examination to take
the next examination[; and
27
(3) Prior to the fourth and final attempt at passage,
present to the board a plan for passage and evidence of
completion of at least thirty hours of board-approved
continuing education since last sitting for the examination
or in the calendar year preceding the final application].
340.234. 1. If the board determines that the
applicant possesses the proper qualifications as set forth
in subsection 3 of section 340.228, it shall admit the
applicant to the next scheduled examination.
2. Applicants shall submit an application and the
registration and examination fees as required by rule of the
board.
3. The board shall establish the requirements for a
passing score on the examination. In order for a previous
examination score to be transferred for a current licensing
period, the score must have been received within five years
prior to the application. [If that passing score was not
received within three attempts, the board may require the
applicant to appear before the board or submit evidence that
the applicant has completed at least thirty hours of board-
approved continuing education. The board shall have sole
discretion on whether to accept for transfer a score from
another state's licensing authority.]
4. If all the other requirements of sections 340.200
to 340.330 have been met, the board shall issue licenses to
the persons who successfully completed the examination. The
executive director shall record the new licenses.
5. If the board determines that the applicant is
eligible for licensure without examination through the
reciprocity provision of section 340.238, the board may
grant the applicant a license without examination.
340.238. 1. The board may issue a license to practice
veterinary medicine to an applicant, without examination, if
28
the applicant submits proof satisfactory to the board of the
following requirements for licensure by reciprocity:
(1) The applicant has been actively engaged in the
profession in another state, territory, district or province
of the United States or Canada for a period of at least
[five consecutive years] one year immediately prior to
making application in Missouri and provides the board with a
complete listing of all locations of all previous places of
practice and licensure in chronological order; and
(2) A certificate from the proper licensing authority
of the other state, territory, district or province of the
United States or Canada certifying that the applicant is
duly licensed, that the applicant's license has never been
suspended, revoked, surrendered, or placed on probation,
whether voluntarily or not, and that, insofar as the records
of that authority are concerned, the applicant is entitled
to its endorsement[;
(3) The standards for admission to practice veterinary
medicine of the state, territory, district or province of
the United States or Canada in which the applicant is
currently licensed were equal to or more stringent than the
requirements for initial registration in Missouri at the
time of the applicant's initial registration].
2. Even if the applicant has submitted proof of the
qualifications in subsection 1 of this section, the board
may by rule require any applicant under this section to take
any examination, oral or written, or practical examination
if such examination is required for an applicant seeking
licensure by examination pursuant to the provisions of
sections 340.200 to 340.330.
3. [The board may negotiate reciprocal compacts with
licensing boards of other states, territories, districts or
29
provinces of the United States or Canada for admission to
the practice of veterinary medicine.
4. To determine the admission standards of other
states, territories, districts or provinces of the United
States or Canada, the executive director shall gather
information as directed by the board pertaining to such
standards. The board may contract with persons to assist
the board in obtaining and evaluating such information and
material.
5.] The board may issue a license upon payment of a
fee for licensure by reciprocity, if the applicant meets the
requirements of this section and other provisions of
sections 340.200 to 340.330.
[6.] 4. If the board determines that an applicant is
not qualified to be licensed under this section, the
executive director shall immediately notify the applicant in
writing. The notification shall include specific findings
of the board as to the applicant's failure to qualify under
this section, that the applicant may request a hearing
before the board on the question of the applicant's
qualifications, that the applicant may otherwise be
considered for licensure after examination as provided in
section 340.240 and of the applicant's right pursuant to
section 621.120 to file a complaint with the administrative
hearing commission.
340.249. A veterinarian licensed by a state and in
good standing is eligible to apply to the board for a
temporary locum tenens license. The locum tenens licensee
shall be remunerated for the practice aspects of his or her
services solely from state, federal, or institutional funds
and not from the patient-owner beneficiary of his or her
practice efforts. The locum tenens licensee shall practice
solely at the institution of higher learning, or in an
30
educational or research program outside the institution
associated with the institution, for no more than six weeks
per temporary locum tenens license period.
340.251. 1. A veterinarian or veterinary technician
who is currently licensed in good standing in another state,
during a state of emergency or natural disaster declared by
the governor or a duly designated state official, may apply
for a temporary emergency license to practice in Missouri
under the conditions or constraints provided in subsections
2 to 10 of this section.
2. Veterinary services, including veterinarians and
veterinary technicians, shall be requested through the
incident command structure and under the supervision of the
incident commander or his or her designee.
3. The applicant shall complete an application for
temporary emergency license with the board.
4. There shall be no application fee for a temporary
emergency license.
5. The applicant shall be currently licensed in good
standing in one of the other states in the United States to
be eligible.
6. The applicant may not have been subject to any
disciplinary action by his or her state's veterinary medical
board within the preceding five years. This requirement
does not exclude a veterinarian or veterinary technician who
has been licensed for less than five years from eligibility.
7. A temporary emergency license shall be valid for
sixty days, or until the state of emergency is lifted,
whichever occurs first. If the state of emergency extends
beyond sixty days, the applicant may request renewal.
8. The recipient of a temporary emergency license
shall be subject to all the same rules and regulations as a
fully licensed veterinarian or veterinary technician.
31
9. All services provided by the licensee shall be only
those necessary to protect the health and welfare of the
animals being sheltered, as determined by the incident
command.
10. All services provided by the licensee shall be on
a volunteer basis only. The licensee, or anyone affiliated
with the licensee, shall be prohibited from collecting any
fees or monetary compensation from animal owners for care
given.
340.258. 1. Every license issued under the provisions
of sections 340.200 to 340.330 shall expire annually or as
otherwise established by board rule but may be renewed by
the licensee upon application to the board for renewal and
payment of renewal fees, subject to the provisions of this
section or by board rule. The board shall not renew any
license unless the licensee provides satisfactory evidence
that he or she has complied with the board's minimum
requirements for continuing education.
2. At least thirty days prior to the expiration date,
the executive director shall send a notice of renewal and an
application for renewal to each licensee of record. [The
notice and application shall be mailed to the licensee's
last known business address. Neither the failure to mail
nor the failure to receive the notice and application shall
relieve any licensee of the duty to make application for
renewal or to pay the necessary renewal fee. The failure to
mail or to receive the notice and application will not
exempt the licensee from the penalties provided by sections
340.200 to 340.330 for failure to promptly renew such
license.]
3. The applicant shall disclose on the application for
renewal:
(1) Applicant's full name;
32
(2) Applicant's business and residence addresses;
(3) Date and number of applicant's license;
(4) Any disciplinary actions taken against the
applicant by any state, territory or district of the United
States, or federal agency;
(5) Any felony criminal convictions;
(6) [Any] Continuing [educational] education credits
in compliance with board rule; and
(7) Any other information deemed necessary by the
board to assess the applicant's fitness for license renewal.
4. The application shall be made under oath or
affirmation and subject to penalties provided for making a
false statement under oath or affirmation.
Such penalties are in addition to and not in
lieu of any penalty or other discipline provided
for in sections 340.200 to 340.330.
5. If a licensee fails to submit an application and
fees within thirty days of expiration of his or her license,
the executive director shall notify the licensee that the
application and fees have not been received and that the
licensee's failure to respond within ten days will result in
his or her license being declared noncurrent. The
notification required by this subsection shall be by
certified mail, return receipt requested, to the licensee's
last known business and residence addresses. If the
application and fees are not received within ten days after
the return receipt is received, the licensee's license shall
be declared noncurrent. The executive director shall give
notice to the licensee by certified mail, return receipt
requested, at the licensee's last known business and
residence addresses that his or her license has been
declared noncurrent and that the licensee shall not practice
33
veterinary medicine until he or she applies for
reinstatement and pays the required fees.
340.264. 1. The board may refuse to issue or renew
any certificate of registration or authority, permit or
license required pursuant to sections 340.200 to 340.330 for
one or any combination of causes stated in subsection 2 of
this section. The board shall notify the applicant in
writing of the reasons for the refusal and shall advise the
applicant of his or her right to file a complaint with the
administrative hearing commission as provided by chapter 621.
2. The board may file a complaint with the
administrative hearing commission as provided by chapter 621
against any holder of any certificate of registration or
authority, permit or license required by sections 340.200 to
340.330 or any person who has failed to renew or has
surrendered his or her certificate of registration or
authority, permit or license for any one or combination of
the following causes:
(1) Use of any controlled substance, as defined in
chapter 195, [or] alcoholic beverage, or any other substance
to an extent that such use impairs a person's ability to
perform the work of any profession licensed or regulated by
sections 340.200 to 340.330;
(2) The person has been finally adjudicated and found
guilty, or entered a plea of guilty or nolo contendere, in a
criminal prosecution under the laws of any state, territory,
district of the United States, or the United States, for any
offense reasonably related to the qualifications, functions
or duties of any profession licensed or regulated under
sections 340.200 to 340.330 or for any offense for which an
essential element is fraud, dishonesty or an act of
violence, or for any offense involving moral turpitude,
whether or not sentence is imposed;
34
(3) Use of fraud, deception, misrepresentation or
bribery in securing any certificate of registration or
authority, permit or license issued pursuant to sections
340.200 to 340.330 or in obtaining permission to take any
examination given or required pursuant to sections 340.200
to 340.330;
(4) Misconduct, fraud, misrepresentation, dishonesty,
unethical conduct or unprofessional conduct in the
performance of the functions or duties of any profession
licensed or regulated by sections 340.200 to 340.330,
including, but not limited to:
(a) Obtaining or attempting to obtain any fee, charge,
tuition or other compensation by fraud, deception or
misrepresentation;
(b) Willfully and continually [overcharging for
services or overtreating patients or] charging for services
which did not occur unless the services were contracted for
in advance, or for services which were not rendered or
documented in the patient's records, or charging for
services [which were not consented to by] without implied or
documented consent of the owner of the patient or the
owner's agent;
(c) Willfully or continually performing inappropriate
or unnecessary treatment, diagnostic tests or medical or
surgical services;
(d) Attempting, directly or indirectly, by
intimidation, coercion or deception to obtain or retain a
patient or discourage the owner from seeking a second
opinion or consultation;
(e) Delegating professional responsibilities to a
person who is not qualified by training, skill, competency,
age, experience, registration or licensure to perform such
responsibilities;
35
(f) Misrepresenting that any disease or ailment can be
cured by a method, procedure, treatment, medicine or device;
(g) Performing or prescribing medical services which
have been declared by board rule to be of no medical value;
(h) Final disciplinary action by any professional
veterinary medical association or society or licensed
hospital or clinic or medical staff of such hospital or
clinic in this state or any other state or territory,
whether agreed to voluntarily or not, and including, but not
limited to, any removal, suspension, limitation, surrender,
or restriction of a license or staff or hospital or clinic
privileges, failure to renew such privileges or license for
cause, or other final disciplinary action, if the action was
related to unprofessional conduct, professional
incompetence, malpractice or any other violation of sections
340.200 to 340.330;
(i) Dispensing, prescribing, administering or
otherwise distributing any drug, controlled substance or
other treatment without sufficient examination or
establishment of a veterinarian-client-patient relationship,
or for other medically accepted therapeutic or experimental
or investigative purposes, or not in the course of
professional practice, or not in good faith to relieve pain
and suffering, or not to cure an ailment, physical infirmity
or disease; or the dispensing, prescribing, administering or
distribution of any drug, controlled substance or other
treatment by anyone other than a properly licensed
veterinarian, unless such person is a properly registered
veterinary technician or technologist, unregistered
assistant, or the patient's owner and then to be limited to
administration of drugs or other treatment under the
supervision, control or explicit instructions of a licensed
veterinarian;
36
(j) Terminating the medical care of a patient without
adequate notice to the owner or without [making]
recommending other arrangements for the continued care of
the patient;
(k) Failing to furnish details of a patient's medical
records to another treating veterinarian, hospital, clinic,
owner, or owner's agent upon proper request or waiver by the
owner or owner's agent, or failing to comply with any other
law relating to medical records; except, radiographs
prepared by the licensed veterinarian shall remain the
property of the veterinarian and shall be returned upon
request or as otherwise agreed between the veterinarian and
client;
(l) Failure of any applicant or licensee to cooperate
with the board during any investigation, if such
investigation does not concern the applicant or licensee;
(m) Failure to comply with any subpoena or subpoena
duces tecum from the board or an order of the board;
(n) Failure to timely pay license or registration
renewal fees as specified in sections 340.200 to 340.330;
(o) Violating a probation agreement with the board or
any other licensing authority of this state, another state
or territory of the United States, or a federal agency;
(p) Violating any informal consent agreement for
discipline entered into by an applicant or licensee with the
board or any other licensing authority of this state,
another state or territory of the United States, or a
federal agency;
(q) Failing to inform the board of any change in
business or residential address as required by sections
340.200 to 340.330 or administrative rule;
(r) Advertising by an applicant or licensee which is
false or misleading, or which violates any rules of the
37
board, or which claims without substantiation the positive
cure of any disease, or professional superiority to or
greater skill than that possessed by any other veterinarian;
(5) Any conduct or practice which is or might be
harmful or dangerous to the health of a patient;
(6) Incompetency, gross negligence or repeated
negligence in the performance of the functions or duties of
any profession licensed or regulated by sections 340.200 to
340.330. For purposes of this subdivision, "repeated
negligence" means the failure, on more than one occasion, to
use that degree of skill and learning ordinarily used under
the same or similar circumstances by members of the
profession;
(7) Violation of, or attempting to violate, directly
or indirectly, or assisting, or enabling any person to
violate, any provisions of sections 340.200 to 340.330, or
any lawful rule or regulation adopted pursuant to sections
340.200 to 340.330;
(8) Impersonation of any person holding a certificate
of registration or authority, permit or license or allowing
any person to use his certificate of registration or
authority, permit, license or diploma from any school;
(9) Revocation, suspension, restriction, modification,
limitation, reprimand, warning, censure, probation or other
final disciplinary action against the holder of, or
applicant for, a license or registration or other right to
practice any profession regulated by sections 340.200 to
340.330 or by another state, territory, federal agency or
country, whether or not voluntarily agreed to by the
licensee or applicant, including, but not limited to:
(a) Denial of licensure or registration;
(b) Surrender of the license or registration;
38
(c) Allowing the license or registration to expire or
lapse; or
(d) Discontinuing or limiting the practice of
veterinary medicine while subject to an investigation or
while actually under investigation by any licensing
authority, medical facility, insurance company, court,
agency of the state or federal government, or employer;
(10) Being adjudged incapacitated or disabled by a
court of competent jurisdiction;
(11) Assisting or enabling any person to practice or
offer to practice any profession licensed or regulated by
sections 340.200 to 340.330 who is not licensed or
registered and currently eligible to practice under sections
340.200 to 340.330, or knowingly performing any act which
aids, assists, procures, advises, or encourages any person
to practice veterinary medicine who is not licensed or
registered and currently eligible to practice under sections
340.200 to 340.330;
(12) Issuance of a certificate of registration or
authority, permit or license based upon a material mistake
of fact;
(13) Failure to obtain, renew or display a valid
certificate, license, permit or notice if required;
(14) Violation of the drug laws or rules and
regulations of this state, any other state, territory, or
the federal government;
(15) Knowingly or recklessly making or causing to be
made, or aiding or abetting in the making of a false
statement or documentation in connection with the birth,
death, or health of any animal, executed in connection with
the practice of his or her profession or failure to file
such statements or documents with the proper officials of
39
the federal or state government as provided by law or any
rule promulgated under sections 340.200 to 340.330;
(16) Soliciting patronage in person or by agents,
under his or her own name or under the name of another,
actual or pretended, in such a manner as to confuse, deceive
or mislead the public as to the need or appropriateness of
animal health care or services or the qualifications of an
individual person or persons to diagnose, render, or perform
such animal health care services;
(17) Failure or refusal to properly guard against
contagious, infectious or communicable diseases or the
spread thereof;
(18) Maintaining an unsanitary office or facility, or
performing professional services under unsanitary conditions
with due consideration given to the place where the services
are rendered;
(19) Practicing or offering to practice any profession
or service regulated by sections 340.200 to 340.330
independent of the supervision and direction of a person
licensed under sections 340.200 to 340.330 as a veterinarian
in good standing by any candidate for registration or person
registered to practice as a veterinary technician or engaged
as an unregistered assistant to a veterinarian;
(20) Treating or attempting to treat ailments or
health conditions of animals other than as authorized under
sections 340.200 to 340.330 or board rule by any candidate
for registration or person registered to practice as a
veterinary technician or engaged as an unregistered
assistant to a licensed veterinarian;
(21) A pattern of personal use or consumption of any
controlled substance unless it is prescribed, dispensed or
administered by a licensed physician;
40
(22) Any revocation, suspension, surrender, limitation
or restriction of any controlled substance authority,
whether agreed to voluntarily or not;
(23) Being unable to practice as a veterinarian or
veterinary technician with reasonable skill and safety to
patients because of illness, drunkenness, excessive use of
drugs, narcotics, chemicals, or as a result of any mental or
physical condition;
(24) Violation of any professional trust or confidence;
(25) Failing to obtain or renew any facility permit or
to maintain mandatory requirements or minimum standards for
any such facility as required by sections 340.200 to 340.330
or board rule.
3. If the board files a complaint pursuant to
subsection 2 of this section, the proceedings shall be
conducted in accordance with the provisions of chapter 621.
If the administrative hearing commission finds that grounds
provided in this section are met, the board may either
singly or in combination:
(1) Warn, censure or place the person named in the
complaint on probation on such terms and conditions as the
board deems appropriate for a period not to exceed ten years;
(2) Suspend such license, certificate or permit for a
period not to exceed three years;
(3) Restrict or limit the license, certificate or
permit for an indefinite period of time;
(4) Revoke such license, certificate or permit;
(5) Administer a public or private reprimand;
(6) Deny the application for a license;
(7) Permanently withhold issuance of a license or
certificate;
41
(8) Require the applicant or licensee to submit to the
care, counseling or treatment of physicians designated by
the board at the expense of the person to be examined;
(9) Require the person to attend such continuing
educational courses and pass such examinations as the board
may direct.
340.295. 1. A person holding a doctorate from an
accredited college or university with emphasis on animal
reproductive physiology, or a master of science degree from
an accredited college or university with emphasis on animal
reproductive physiology, and who holds membership in a
nationally recognized organization that acknowledges persons
performing a bovine embryo transfer or in vitro
fertilization, such as the American Embryo Transfer
Association, may provide advanced reproductive technologies
to bovine animals under indirect supervision of a licensed
veterinarian.
2. A person with the educational attainment identified
in subsection 1 of this section, who is not a member of a
nationally recognized organization that acknowledges persons
performing a bovine embryo transfer or in vitro
fertilization, may qualify as a bovine reproductive
professional by examination and, upon successful
certification examination under subsection 3 of this
section, may provide advanced reproductive technologies to
bovine animals under indirect supervision of a licensed
veterinarian.
3. (1) There is established a committee, appointed
and overseen by the board, to be known as the "Certification
Examination Committee" to be comprised of three members, as
follows: a veterinarian designated by the dean of
University of Missouri College of Veterinary Medicine; an
animal scientist with a doctorate with an emphasis on animal
42
reproductive physiology designated by the dean of the
University of Missouri College of Agriculture, Food and
Natural Resources; and a member jointly selected by the
other two members. A term of appointment of each member
shall be for four years and shall not exceed two terms.
(2) The certification examination and continuing
education of bovine reproductive professionals under this
section shall be approved by the committee under this
subsection, including, but not limited to, proof of at least
eight hours of continuing education from courses and study
approved by the committee shall be required for annual
certification renewal as a bovine reproduction professional.
340.296. The Missouri veterinary medical board shall
be responsible for registering any person who wishes to
practice as a registered veterinary technician or
technologist in this state and shall limit, restrict,
supervise and define such practice by board rule as the
board deems appropriate and necessary for the protection of
the public health, safety and general welfare.
340.298. All provisions of sections 340.200 to 340.296
shall be applicable to licensed veterinarians and registered
veterinary technicians or technologists, except as otherwise
specifically provided for in sections 340.298 to 340.330.
Whenever the term ["veterinarian" or] "veterinary practice"
is used in sections 340.200 to 340.300, it shall [mean]
include registered veterinary technician or technologist or
the practice of a registered veterinary technician or
technologist.
340.300. 1. Any person desiring to be registered as a
veterinary technician or technologist in the state of
Missouri shall submit a written application to the board.
Such application shall be on forms furnished by the board
without charge.
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2. Each application shall contain a statement that is
made under oath or affirmation that representations made
therein are true, correct and contain no material omissions
of fact to the best knowledge and belief of the person
making the application and whose signature shall be
subscribed thereto. Any person who knowingly submits false
information, information intended to mislead the board, or
omits a material fact on the application shall be subject to
penalties provided for by the laws of this state for giving
a false statement under oath or affirmation; such penalty is
in addition to and not in lieu of any action which the board
takes pursuant to the provisions of sections 340.200 to
340.330.
3. To qualify to be registered as a veterinary
technician or technologist pursuant to this section, the
application [must] shall show that the applicant:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Has successfully completed a college level course
of study in veterinary technology in a school having a
curriculum approved by the board or a college level course
in the care and treatment of animals which is accredited by
the AVMA; and
(4) Has passed an examination or examinations as
prescribed by board rule. The examination or examinations
shall be designed to test the examinee's knowledge of,
proficiency in, subjects and techniques commonly taught in
schools providing a curriculum in veterinary technology,
familiarity with the requirements of sections 340.200 to
340.330, related statutes and board rules, and other
material as determined by the board. An examinee [must]
shall demonstrate scientific, practical and legal knowledge
sufficient to establish to the board that the applicant is
44
competent to practice as a veterinary technician or
technologist. Applications for examination shall be in
writing, on a form furnished by the board and shall include
evidence satisfactory to the board that the applicant
possesses the qualifications set forth in subdivisions (1),
(2) and (3) of this subsection.
4. The board may require additional information and
proof of a person's fitness and qualifications by board rule.
340.302. 1. The applicant for registration as a
veterinary technician or technologist shall submit with the
application the registration and examination fees as
established by board rule pursuant to section 340.210. The
registration fee shall not be returned if the applicant is
registered as a veterinary technician or technologist but
shall be deemed to include payment of the registration fee
for the remainder of the registration period in which the
applicant is admitted.
2. If the applicant has complied with the requirements
of subsection 2 of section 340.312, the examination fee
shall be returned to the applicant if the board determines
that the applicant is not qualified to sit for the
examination. The examination fee shall not be returned if
the board denied the application because the applicant
provided false information in the application.
3. If an applicant fails an examination, the applicant
shall:
(1) Pay examination fees for each subsequent
application; and
(2) Wait [for some period of time] as prescribed by
board rule from the date of the failed examination to take
the next examination[; and
(3) Prior to the fourth and final attempt at passage,
present to the board, for approval, a plan for passage and
45
evidence of completion of at least ten hours of board-
approved continuing education taken since the last
examination since last sitting for the examination or in the
calendar year preceding the final application].
340.304. 1. If the board determines that the
applicant possesses the proper qualifications, it shall
admit the applicant to the next scheduled examination.
2. If the board determines that an applicant is not
qualified to sit for the examination, the executive director
shall notify the applicant [in writing]. The notification
shall include specific findings of the board as to the
applicant's failure to qualify, inform the applicant that he
or she may request a hearing before the board on the
question of the applicant's qualifications and inform the
applicant of his or her right, pursuant to section 621.120,
to file a complaint with the administrative hearing
commission.
3. No person shall be refused registration as a
veterinary technician or technologist in the state of
Missouri because of race, creed, sex, color or national
origin.
340.306. 1. The board may issue a certificate of
registration to an applicant, without examination, if the
applicant submits proof, satisfactory to the board, that the
applicant:
(1) Is currently registered in another state,
territory, district or province of the United States or
Canada [having standards for admission substantially the
same as the standards in Missouri, and that the standards
were in effect at the time the applicant was first admitted
to practice in the other state, territory, district or
province of the United States or Canada]; and
46
(2) Has been employed and supervised by a licensed
veterinarian for a period of at least [five consecutive
years] one year immediately preceding the applicant's
application to practice as a registered veterinary
technician or technologist in Missouri.
2. If the applicant has not been licensed in another
state, territory, district, or province of the United States
or Canada for [five consecutive years] the immediate past
twelve months, the board may determine that the applicant is
eligible for licensure by grade score transfer. For a
previous examination score to be transferred for a current
licensing period, the score [must] shall be received within
the five-year period immediately preceding the application.
[If such passing score is not received within three
attempts, the board may require the applicant to appear
before the board and/or submit evidence that the applicant
has completed continuing education.]
340.310. The board shall [send a letter, signed by the
board chairperson or vice chairperson, to] notify all
successful examinees for registration as a veterinary
technician or technologist; however, the board shall not
send a certificate of registration until the applicant has
submitted proof of employment and supervision by a licensed
veterinarian. Upon receipt of such proof, the executive
director shall issue the certificate of registration.
340.312. 1. If the technician or technologist leaves
the employment or supervision of the licensed veterinarian
and is not employed by or supervised by another licensed
veterinarian within [thirty] ninety days of the termination
of his or her employment, the technician's or technologist's
certificate shall be placed on inactive status. It is the
responsibility of the technician or technologist to inform
the executive director within [thirty] ninety days of
47
termination of his or her employment. It is grounds for
revocation of the technician's or technologist's certificate
or license if he or she fails to notify the executive
director of such termination or engages in the clinical
practice of veterinary medicine.
2. Any registered veterinary technician or
technologist in the state of Missouri whose certificate has
been on inactive status will be required to complete the
required continuing education credits in accordance with
rules of the board, pay all fees and meet all other
requirements of sections 340.200 to 340.330 and board rules
for registration as a veterinary technician or technologist.
340.314. 1. The certificates issued to registered
veterinary technicians or technologists pursuant to sections
340.300 to 340.330 shall expire as established by board rule
but may be renewed upon application to the board for renewal
and payment of renewal fees.
2. At least sixty days prior to the expiration date,
the executive director shall send a notice of renewal and an
application for renewal to each certificate holder of
record. The notice of renewal and the renewal application
shall be [mailed] sent to the certificate holder's last
known [business or residence address] record of contact, in
accordance with board rules. Failure to [mail or to]
receive the notice and application does not relieve any
certificate holder of the duty to apply for renewal or to
pay the necessary renewal fee, nor will it exempt the
certificate holder from the penalties provided by sections
340.200 to 340.330 for failure to promptly renew the
certificate.
340.318. If a certificate holder fails to submit an
application and fees within thirty days of expiration of the
certificate, the executive director shall notify the
48
certificate holder that the application and fees have not
been received and that the certificate holder's failure to
respond within ten days will result in his or her
certificate being declared noncurrent. The notification
shall be sent by certified mail, return receipt requested,
to the certificate holder's last known business and
residence addresses. If the application and fee is not
received within ten days after the return receipt is
received, the certificate shall be declared noncurrent and
the executive director shall notify the certificate holder
of such declaration by certified mail, return receipt
requested, at the certificate holder's last known business
and residence addresses that his or her certification has
been declared noncurrent and that the certificate holder
shall not practice as a registered veterinary technician or
technologist until he or she applies for reinstatement and
pays the required fees.
340.320. 1. Any person who practices as a registered
veterinary technician or technologist after his or her
certificate has been revoked pursuant to section 340.318 is
in violation of sections 340.200 to 340.330 and subject to
criminal prosecution as provided for under sections 340.200
to 340.330. Such criminal penalty shall be in addition to
and not in lieu of any penalty or other discipline provided
for under sections 340.200 to 340.330.
2. If a person is otherwise eligible to renew his or
her certificate, such person may renew an expired
certificate within two years of the date of expiration by
submitting an application for renewal, payment of the
renewal fee, payment of delinquent renewal fees and payment
of a penalty fee as established by the board. A certificate
may not be renewed if two years have lapsed since the date
the certificate expired. Such holder of an expired
49
certificate [must] shall make application for a new
certificate.
340.322. If the registered veterinary technician or
technologist is not employed and supervised by a licensed
veterinarian at the time for renewal, the certificate will
be placed on inactive status until the technician or
technologist finds proper employment. If the technician or
technologist submits satisfactory proof that he or she has
obtained employment under the supervision of a licensed
veterinarian, the board shall issue a new certificate to the
technician or technologist if the technician or technologist
meets all other requirements and qualifications for renewal.
340.326. Any person registered as a veterinary
technician or technologist and while practicing as a
registered veterinary technician or technologist in this
state [must] shall at all times be under the supervision of
a licensed veterinarian or a veterinarian exempt from
licensing under sections 340.200 to 340.330. The level of
supervision shall be consistent with the delegated animal
health care task. The board shall by rule establish, in
general or specific terms as it deems necessary, the animal
health care tasks that registered veterinary technicians or
technologists may provide and the level of supervision that
is required by the licensed veterinarian for any delegated
health care task.
340.328. Any veterinary technician or technologist
duly registered pursuant to sections 340.200 to 340.330 who
gratuitously and in good faith gives emergency treatment to
a sick or injured animal at the scene of an accident or
emergency shall not be in violation of sections 340.200 to
340.330 and shall not be liable in any civil action for
damages to the owner of such animal. This section is not
50
intended to provide immunity for acts which constitute gross
negligence.
340.330. The provisions and causes of actions as set
forth under section 340.264 are applicable to registered
veterinary technicians or technologists and bovine
reproductive professionals in all respects. The board may,
also, take disciplinary action against a registered
veterinary technician or technologist or a bovine
reproductive professional if the registered veterinary
technician or technologist or the bovine reproductive
professional:
(1) Solicits patients from any licensed veterinarian;
(2) Solicits or receives any form of compensation from
any person for patient care services rendered under their
scope of practice as a registered veterinary technician or
technologist or as a bovine reproductive professional other
than from the veterinarian under whom the registered
veterinary technician or technologist or the bovine
reproductive professional is employed;
(3) Willfully or negligently divulges a professional
confidence or discusses a veterinarian's diagnosis or
treatment without the express permission of the
veterinarian; or
(4) Demonstrates a manifest incapability or
incompetence to perform as a registered veterinary
technician or technologist or as a bovine reproductive
professional.
340.337. As used in sections 340.335 to 340.405, the
following terms shall mean:
(1) "Areas of defined need", areas designated by the
department pursuant to section 340.339, when services of a
large animal veterinarian are needed to improve the
veterinarian-patient ratio in the area, or to contribute
51
professional veterinary services to an area of economic
impact;
(2) "College", the college of veterinary medicine at
the University of Missouri-Columbia;
(3) "Department", the Missouri department of
agriculture;
(4) "Director", director of the Missouri department of
agriculture;
(5) "Eligible student", a resident who has been
accepted as, or is, a full-time student at the University of
Missouri-Columbia enrolled in the doctor of veterinary
medicine degree program at the college of veterinary
medicine;
(6) "Large animal", an animal which is raised, bred,
or maintained for its parts or products having a commercial
value including, but not limited to, its muscle tissue,
organs, fat, blood, manure, bones, milk, wool, hide, pelt,
feathers, eggs, semen, or embryos;
(7) "Large animal veterinarian", veterinarians
licensed pursuant to this chapter, engaged in general or
large animal practice as their primary focus of practice,
and who have a substantial portion of their practice devoted
to large animal veterinary medicine;
(8) "Qualified applicant", an eligible student
approved by the department for participation in the large
animal veterinary student loan program established by
sections 340.381 to 340.396;
(9) "Qualified employment", employment as a large
animal veterinarian and where a substantial portion of
business involves the treatment of large animals on a full-
time basis in Missouri located in an area of need as
determined by the department of agriculture. Qualified
employment shall not include employment with a large-scale
52
agribusiness enterprise, corporation, or entity. Any
forgiveness of such principal and interest for any qualified
applicant engaged in qualified employment on a less than
full-time basis may be prorated to reflect the amounts
provided in this section;
(10) "Resident", any person who has lived in this
state for one or more years [for any purpose other than the
attending of an educational institution located within] and
has been determined or is considered to be a Missouri
resident by an accredited university in this state.
340.341. 1. The department shall adopt and promulgate
rules establishing standards for determining eligible
students for loan repayment pursuant to sections 340.335 to
340.350. Such standards shall include, but are not limited
to the following:
(1) Citizenship or lawful permanent residency in the
United States;
(2) Residence in the state of Missouri;
(3) Enrollment as a full-time veterinary medical
student [in the final year of a course of study offered by]
at an approved educational institution in Missouri;
(4) Application for loan repayment.
2. The department shall not grant repayment for more
than twelve veterinarians each year.
340.343. 1. The department shall enter into a
contract with each individual qualifying for repayment of
educational loans. The written contract between the
department and an individual shall contain, but not be
limited to, the following:
(1) An agreement that the state agrees to pay on
behalf of the individual, loans in accordance with section
340.345 and the individual agrees to serve for a time period
[equal] up to four years, or such longer period as the
53
individual may agree to, in an area of defined need, such
service period to begin within one year of graduation by the
individual with a degree of doctor of veterinary medicine;
(2) A provision that any financial obligations arising
out of a contract entered into and any obligation of the
individual which is conditioned thereon is contingent upon
funds being appropriated for loan repayments;
(3) The area of defined need where the person will
practice;
(4) A statement of the damages to which the state is
entitled for the individual's breach of the contract;
(5) Such other statements of the rights and
liabilities of the department and of the individual not
inconsistent with sections 340.335 to 340.350.
2. The department [may stipulate] shall approve
specific practice sites contingent upon department-generated
large animal veterinarian need priorities where applicants
shall agree to practice for the duration of their
participation in the program.
340.347. 1. An individual who has entered into a
written contract with the department or an individual who is
enrolled at the college and fails to maintain an acceptable
level of academic standing or voluntarily terminates such
enrollment or is dismissed before completion of such course
of study or fails to become licensed pursuant to this
chapter within one year after graduation shall be liable to
the state for the amount which has been paid on such
individual's behalf pursuant to the contract.
2. If an individual breaches the written contract of
the individual by failing either to begin such individual's
service obligation or to complete such service obligation,
the state shall be entitled to recover from the individual
an amount equal to the sum of:
54
(1) The total of the amounts paid by the state on
behalf of the individual, including interest; and
(2) An amount equal to the unserved obligation
penalty, which is the total number [of months] of obligated
months of service which were not completed by an individual,
multiplied by five hundred dollars, unless the department,
in consultation with the advisory panel, determines that the
individual has acted in good faith and the breach is due to
circumstances beyond the individual's control in which case
it may be determined that no penalty shall be assessed.
3. The department may act on behalf of a qualified
community to recover from an individual described in
subsections 1 and 2 of this section the portion of a loan
repayment paid by such community for such individual.
340.390. 1. A recipient of financial assistance under
sections 340.381 to 340.396 who does not meet the qualified
employment obligations agreed upon by contract under section
340.387 shall begin repayment of the loan principal and
interest in accordance with the contract within six months
of the first day on which the recipient did not meet the
qualified employment obligations. If a qualified applicant
ceases his or her study prior to successful completion of a
degree or graduation from the college, interest at the rate
specified in section 340.387 shall be charged on the amount
of financial assistance received from the state under the
provisions of sections 340.381 to 340.396, and repayment, in
accordance with the contract, shall begin within ninety days
of the date the financial aid recipient ceased to be an
eligible student. All funds repaid by recipients of
financial assistance to the department shall be deposited in
the veterinary student loan payment fund for use pursuant to
sections 340.381 to 340.396.
55
2. The department [shall], in consultation with the
advisory panel, may grant a deferral of interest and
principal payments to a recipient of financial assistance
under sections 340.381 to 340.396 who is pursuing a post-
degree training program, is on active duty in any branch of
the Armed Forces of the United States, or upon special
conditions established by the department. The deferral
shall not exceed four years. The status of each deferral
shall be reviewed annually by the department to ensure
compliance with the intent of this section.
340.393. When necessary to protect the interest of the
state in any financial assistance transaction under sections
340.381 to 340.396, the department may institute any legal
action to recover any amount due.