(1) No person may practice veterinary medicine in this state if the person is not a licensed veterinarian. No person may practice artificial insemination or ova transplantation of cattle or other animal species in this state except in accordance with section 12-315-106 (5)(c). This article 315 does not prohibit:
An employee of the federal, state, or local government from performing the employee's official duties;
A person who is a regular student in an approved school of veterinary medicine fromperforming duties or actions assigned by the student's instructors or working under the direct supervision of a licensed veterinarian;
A person from advising with respect to, or performing acts that are, accepted livestock management practices;
A veterinarian regularly licensed in another state from consulting with a licensedveterinarian in this state;
Any merchant or manufacturer from selling, at the person's regular place of business,medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases;
(I) Except as provided in subsection (1)(f)(II) of this section and subject to subsection(2) of this section, the owner of an animal and the owner's employees from caring for and treating the animal belonging to the owner.
(II) Subsection (1)(f)(I) of this section does not apply in cases where the ownership of the animal was transferred for purposes of circumventing this article 315 or where the primary reason for hiring the employee is to circumvent this article 315.
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;
Any person from selling or applying any pesticide, insecticide, or herbicide;
Any person from engaging in bona fide scientific research that reasonably requiresexperimentation involving animals or commercial production of biologics or animal medicines;
Any person from performing duties other than diagnosis, prescription, surgery, orinitiating treatment under the direction and supervision of a licensed veterinarian who shall be responsible for the person's performance;
A veterinary student or veterinary student preceptor from performing those acts permitted by this article 315;
Any person otherwise appropriately licensed or approved by the state from performing the functions described in section 12-315-104 (14)(d);
Any person from performing massage on an animal in accordance with section 12-
235-110 (1)(f);
The practice of animal chiropractic pursuant to section 12-215-127;
The practice of animal physical therapy pursuant to section 12-285-116 (4);
Any person from assisting in a surgical procedure under the immediate supervisionof a licensed veterinarian, who is responsible for the person's performance.
(2) (a) Notwithstanding subsection (1)(f) of this section and except as permitted by subsection (1)(j) of this section, a person who is not a licensed veterinarian shall not administer, distribute, dispense, or prescribe prescription drugs. Except as provided in subsection (2)(b) of this section, a licensed veterinarian must have a veterinarian-client-patient relationship with the animal and its owner or other caretaker in order to administer, distribute, dispense, or prescribe prescription drugs to or for an animal.
(b) (I) In an emergency situation where a licensed veterinarian who has a veterinarianclient-patient relationship prescribes a prescription drug that the licensed veterinarian does not have in stock and is not available at a local pharmacy, another licensed veterinarian who does not have a veterinarian-client-patient relationship with the animal and owner or other caretaker may administer, distribute, or dispense the prescription drug to the animal based on the examining veterinarian's expertise and veterinarian-client-patient relationship.
(II) The board shall adopt rules defining what constitutes an emergency situation under which this subsection (2)(b) would apply, including a requirement that failure to administer, distribute, or dispense the prescription drug threatens the health and well-being of the animal and requiring detailed records documenting the emergency circumstances that include at least the following:
A requirement that the examining veterinarian with the veterinarian-client-patientrelationship document the emergency and the immediate need for the prescription drug;
A requirement that the examining veterinarian with the veterinarian-client-patientrelationship document the veterinarian's efforts to obtain the prescription drug from a local pharmacy, including documentation of contact with at least one pharmacy in the general proximity of the examination location that does not have the prescription drug immediately available; and
A requirement that the licensed veterinarian who administers, distributes, or dispenses the prescription drug document the date the prescription is administered, distributed, or dispensed.
(III) A veterinarian who administers, distributes, dispenses, or prescribes a prescription drug in accordance with this subsection (2)(b) is not subject to discipline pursuant to section 12315-112 (1)(y) if the veterinarian satisfies the requirements of this subsection (2)(b) and the rules adopted by the board.
If a veterinarian complies with the requirements of section 12-280-121, the veterinarian may maintain an office stock of compounded drugs. As used in this subsection (3), "office stock" has the same meaning as set forth in section 12-280-121 (5)(b).
(a) As used in this subsection (4), unless the context otherwise requires:
"Cat" means a small, domesticated feline animal that is kept as a pet. "Cat" does notinclude a nondomesticated wild animal.
"Dog" means any canine animal owned for domestic, companionship, service, therapeutic, or assistance purposes.
"Emergency medical service provider" means an emergency medical service provider who is certified or licensed by the department of public health and environment, created under section 25-1-102.
"Employer" means an entity or organization that employs or enlists the services ofan emergency medical service provider, regardless of whether the provider is paid or is a volunteer. The employer may be a public, private, for-profit, or nonprofit organization or entity; or a special district.
"Preveterinary emergency care" means the immediate medical stabilization of a dogor cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. "Preveterinary emergency care" does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat unless a person's life could be in danger attempting to save the life of a dog or cat.
Notwithstanding any other provision of law, an emergency medical service providermay provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. The provision of preveterinary emergency care to dogs and cats by emergency medical service providers in accordance with this subsection (4)(b) is not a violation of this article 315. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.
Notwithstanding any other provision of law, nothing in subsection (4)(b) of this section imposes upon an emergency medical service provider any obligation to provide care to a dog or cat or to provide care to a dog or cat before a person.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1619, § 1, effective October 1.
Editor's note: This section is similar to former § 12-64-104 as it existed prior to 2019.