As used in this article 315, unless the context otherwise requires:
"Animal" means any animal other than human, and the term includes fowl, birds,amphibians, fish, and reptiles, wild or domestic, living or dead.
"Artificial insemination" means the collection of semen and the fertilization of, orattempted fertilization of, the ova of the female animal by placing or implanting, by artificial means, in the genital tract of the female animal the semen obtained from the male animal that will subsequently be used, or attempted to be used, to impregnate the female.
"Board" means the state board of veterinary medicine created in section 12-315-106.
"Client" means the patient's owner, the owner's agent, or a person responsible for thepatient.
"Complainant" means the board or any other person who initiates a proceeding.
"Direct supervision" means the supervising licensed veterinarian is readily availableon the premises where the patient is being treated.
"Dispense" means to provide a drug or device, other than by distribution, bearing alabel stating the name of the veterinarian, the date dispensed, directions for use, all cautionary statements, withdrawal time, if appropriate, the identity of the animal, and the owner's name.
"Distribute" or "distribution" means to provide a drug or device in the manufacturer'soriginal package to the client-patient.
"Hearing" means any proceeding initiated before the board in which the legal rights,duties, privileges, or immunities of a specific party or parties are determined.
"Immediate supervision" means the supervising licensed veterinarian and any person being supervised are in direct contact with the patient.
"Licensed veterinarian" means a person licensed pursuant to this article 315.
"Ova transplantation" means a technique by which fertilized embryos are collectedfrom a donor female and transferred to a recipient female that serves as a surrogate mother for the remainder of the pregnancy.
"Patient" means an animal that is examined or treated by a licensed veterinarian andincludes herds, flocks, litters, and other groups of animals.
"Practice of veterinary medicine" means any of the following:
The diagnosing, treating, correcting, changing, relieving, or preventing of animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for artificial insemination, for ova transplantation, for testing for pregnancy, or for correcting sterility or infertility or to render advice or recommendation with regard thereto;
The representation, directly or indirectly, publicly or privately, of an ability and willingness to do an act described in subsection (14)(a) of this section;
The use of any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that a person using them is qualified to do any act described in subsection (14)(a) of this section;
The application of principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control, and disaster medicine as applied to an act described in subsection (14)(a) of this section.
"Rule" means any regulation, standard, or statement of policy adopted by the boardto implement, interpret, or clarify the law that it enforces and administers and that governs its duties, functions, organization, and procedure.
"School of veterinary medicine" means any veterinary school or department of alegally organized college or university whose course of study in the art and science of veterinary medicine has been approved by the board.
"Unprofessional or unethical conduct" includes, but is not limited to, conduct of acharacter likely to deceive or defraud the public; false or misleading advertising; obtaining any fee or compensation by fraud or misrepresentation; sharing office space with any person illegally practicing veterinary medicine; employing either indirectly or directly any unlicensed person to practice veterinary medicine or to render any veterinary services except as provided in this article 315; or the violation of any rules adopted by the board that provide a code of professional ethics to be followed and carried out by persons licensed under this article 315.
"Veterinarian" means a person who has received a doctor's degree in veterinarymedicine, or its equivalent, from a school of veterinary medicine.
"Veterinarian-client-patient relationship" means that relationship established when:
The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the owner or other caretaker has agreed to follow the instruction of the veterinarian;
There is sufficient knowledge of an animal by the veterinarian to initiate at least ageneral or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and
The practicing veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen.
"Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of animal medicine.
"Veterinary premises" or "premises" means a veterinary office, hospital, clinic, ortemporary location where veterinary medicine is being practiced by or under the direction and supervision of a licensed veterinarian.
"Veterinary student" is a veterinary medical student who is enrolled in a school ofveterinary medicine.
"Veterinary student preceptor" is a veterinary medical student enrolled in a preceptor program in a school of veterinary medicine.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1617, § 1, effective October 1.
Editor's note: This section is similar to former § 12-64-103 as it existed prior to 2019.