Rule 20:57 VETERINARIANS
ARTICLE 20:57
VETERINARIANS
Chapter
20:57:01 General
provisions.
20:57:02 Licensure
requirements.
20:57:03 Veterinary
technicians.
20:57:04 Continuing
education.
20:57:05 Veterinary
livestock assistants.
Rule 20:57:01 GENERAL PROVISIONS
Rule 20:57:01:00 Definitions.
Rule 20:57:01:01 Repealed.
20:57:01:01. Special meetings.Repealed.
Source:
Effective June 26, 1975; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.
Rule 20:57:01:02 Repealed.
20:57:01:02. Notice of special meetings.Repealed.
Source:
Effective June 26, 1975; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.
Rule 20:57:01:03 Repealed.
20:57:01:03. Conduct of meetings.Repealed.
Source:
Effective June 26, 1975; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.
Rule 20:57:01:04 Declaratory rulings of the board's procedure.
20:57:01:04. Declaratory rulings of the board's procedure.
An interested person may petition the board for declaratory rulings as to the
applicability of the statutes relating to the practice of veterinary medicine
or any rule or order of the board by sending a written petition or request therefor to the secretary of the board. The board shall, at
the next regular meeting or at the next special meeting of the board, make its
declaratory ruling and shall notify such person in writing of the decision and
disposition of the petition within 30 days thereafter.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 1-26-15.
Law
Implemented:SDCL 1-26-15.
Rule 20:57:01:05 Annual meeting time.
20:57:01:05. Annual meeting time. The board shall hold
its annual meeting in conjunction with the annual meeting of the South Dakota
Veterinary Medical Association in August of each year.
Source:
2 SDR 73, effective May 9, 1976; 12 SDR 151, 12 SDR 155, effective
July 1, 1986; 23 SDR 95, effective December 15, 1996.
General
Authority:SDCL 36-12-8.
Law
Implemented:SDCL 36-12-8.
Rule 20:57:02 LICENSURE REQUIREMENTS
CHAPTER 20:57:02
LICENSURE REQUIREMENTS
Section
20:57:02:01 Application
for license.
20:57:02:02 Personal
appearance.
20:57:02:03 General
application requirements.
20:57:02:04
to 20:57:02:07 Repealed.
20:57:02:08 Licensure
requirements for graduates of accredited schools.
20:57:02:09 Licensure
requirements for graduates of nonaccredited foreign
schools.
20:57:02:10 Requirements
for licensure by endorsement.
20:57:02:11 License
in good standing defined.
Rule 20:57:02:01 Application for license.
20:57:02:01. Application for license. Any person seeking
license to practice veterinary medicine in the state of South Dakota shall make
application to the South Dakota State Board of Veterinary Medical Examiners at
the principal office of the board.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12.
Rule 20:57:02:02 Personal appearance.
20:57:02:02. Personal
appearance. Applicants for licensure shall present
themselves in person to the board at a time and place set for giving
examinations.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR
95, effective December 15, 1996.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12, 36-12-15.
Rule 20:57:02:03 General application requirements.
20:57:02:03. General application requirements. An
applicant for licensure must fulfill the following requirements:
(1) Submit an affidavit,
with the applicant's photograph attached, attesting to the qualifications
required by SDCL chapter 36-12 and this article;
(2) Submit a certificate of
good moral character signed by two persons holding a license or certificate
from this board, a similar board from another state, the District of Columbia,
or Canada, who are not at the time of making the certificate under any charge,
accusation, or investigation regarding disciplinary action against their
license. The persons must verify that
they are personally acquainted with the applicant and know of the applicant's
moral character;
(3) List all states in which
the applicant is or has been licensed to practice veterinary medicine;
(4) State all places where
the applicant has previously practiced veterinary medicine and give the time of
the practice;
(5) State whether the
applicant has ever been convicted of any criminal offense, exclusive of
misdemeanor traffic violations, and give the nature and location of the
offense;
(6) Give the applicant's
history of veterinary medical schooling, including dates and places, diplomas
earned, and average grade received.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR
95, effective December 15, 1996.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12, 36-12-13, 36-12-15.
Rule 20:57:02:04 Repealed.
20:57:02:04. Application for reciprocity.Repealed.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 95, effective December 15, 1996.
Rule 20:57:02:05 Repealed.
20:57:02:05. Written examination.Repealed.
Source:
11 SDR 144, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective
July 1, 1986; 13 SDR 73, effective December 16, 1986;
repealed, 23 SDR 95, effective December 15, 1996.
Rule 20:57:02:06 Repealed.
20:57:02:06. Passing grade on examinations.Repealed.
Source:
11 SDR 144, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective
July 1, 1986; 13 SDR 73, effective December 16, 1986;
repealed, 23 SDR 95, effective December 15, 1996.
Rule 20:57:02:07 Repealed.
20:57:02:07. Passing grade on national boards for
reciprocity.Repealed.
Source:
13 SDR 73, effective December 16, 1986; repealed, 23 SDR 95, effective December 15, 1996.
Rule 20:57:02:08 Licensure requirements for graduates of accredited schools.
20:57:02:08. Licensure requirements for graduates of
accredited schools. The board may issue a license to applicants who are
graduates of veterinary medicine schools accredited by the American Veterinary
Medical Association (AVMA) who meet the following requirements:
(1) Complete application
procedures in §§ 20:57:02:01 to 20:57:02:03, inclusive;
(2) Complete with a score
of 70 percent or higher an examination in veterinary medicine as follows:
(a) The National Board
Examination (NBE) and the Clinical Competency Test (CCT) as prepared under the authority of the National Board
Examination Committee for Veterinary Medicine (NBEC)
or its predecessor organization the National Board of Veterinary Medical
Examiners;
(b) Another national
licensing examination prepared under the authority of the NBEC
or the American Association of Veterinary State Boards (AAVSB);
or
(c) An equivalent
examination as established by the South Dakota Board of Veterinary Medical
Examiners; and
(3) Complete with a score
of 90 percent or higher an examination administered by the board covering state
laws and rules regarding veterinary medicine and covering the principles of
veterinary medical ethics as published on pages 43 to 47, inclusive, of the 1996 AVMA
Directory.
Source:
23 SDR 95, effective December 15, 1996.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12, 36-12-13, 36-12-14.
Reference:
Pages 43 to 47, 1996 AVMA
Directory, copyright 1996, American Veterinary Medical Association. Copies
of these pages may be obtained at no charge from the South Dakota Board of
Veterinary Medical Examiners, 411 South Fort Street, Pierre, South Dakota
57501.
Rule 20:57:02:09 Licensure requirements for graduates of nonaccredited foreign schools.
20:57:02:09. Licensure requirements for graduates of nonaccredited foreign schools. The board may issue a
license to applicants who are graduates of nonaccredited
foreign colleges of veterinary medicine who meet the following requirements:
(1) Possess a certificate
issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG) as specified in SDCL 36-12-12 or a certificate of qualification issued by the Canadian Veterinary Medical Association; and
(2) Complete the
requirements of subdivisions (1) and (3) of §20:57:02:08.
Source:
23 SDR 95, effective December 15, 1996.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12, 36-12-13, 36-12-14.
Rule 20:57:02:10 Requirements for licensure by endorsement.
20:57:02:10. Requirements for licensure by endorsement.
The board may issue a license by endorsement to applicants who at the time of
application are currently licensed in good standing in another state or
territory of the United States or in a province of Canada and who meet the
following requirements:
(1) All of the requirements
of § 20:57:02:08 or, if national examinations were not required at the
time the applicant became licensed in another jurisdiction, the requirements of
subdivisions (1) and (3) of § 20:57:02:08; and
(2) Active practice of
veterinary medicine for 3,000 hours during the 3 years immediately preceding
application for licensure in South Dakota. Applicants who do not meet the
definition of "good standing" in § 20:57:02:11 may apply for
licensure under this section but must prove to the satisfaction of the board
that they are qualified for licensure in this state.
In approving licensure applications
under this section, the board may place limits on the applicant's license.
Source:
23 SDR 95, effective December 15, 1996.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12, 36-12-13, 36-12-14, 36-12-15.
Rule 20:57:02:11 License in good standing defined.
20:57:02:11. License in good standing defined. A license
from another jurisdiction is in good standing if all of the following
conditions are met:
(1) The applicant has not
been the recipient of any administrative actions regarding the practice of veterinary
medicine, including fines, formal reprimands, license suspensions or
revocations except for nonpayment of license renewal fees, and probationary
limitations, and has not entered into any consent agreement which contains
conditions placed by a board on the applicant's professional conduct and
practice, including voluntary surrender of a license;
(2) The applicant has never
had United States Drug Enforcement Administration privileges restricted or
revoked;
(3) The applicant is not
currently under investigation or subject to a license proceeding by another
veterinary licensing authority for acts which would provide a basis for
disciplinary action in this state, as determined by the board;
(4) The applicant has not
been the recipient of any administrative sanctions for violation of the
statutes or rules of the United States Department of Agriculture, Animal and
Plant Health Inspection Services--Veterinary Services, Standards for Accredited
Veterinarians as published in 9 C.F.R. Subchapter J
(January 1, 1996);
(5) The applicant has no
physical or mental impairment related to drugs or alcohol or a finding of
mental incompetence by a physician or other health care professional that would
limit the applicant's ability to practice veterinary medicine in a manner
consistent with the safety of a patient or the public;
(6) The applicant has not
been convicted of a felony; and
(7) The applicant has no
criminal conviction record and has no pending criminal charge relating to an
offense which is substantially related to the practice of veterinary medicine.
Applicants who have criminal conviction records or pending criminal charges
must require applicable authorities to provide information about the record or
charge directly to the board in sufficient specificity to enable the board to
determine whether the record or charge is substantially related to the practice
of veterinary medicine.
Source:
23 SDR 95, effective December 15, 1996.
General
Authority:SDCL 36-12-12.
Law
Implemented:SDCL 36-12-12, 36-12-15.
Rule 20:57:03 VETERINARY TECHNICIANS
Rule 20:57:03:01 Veterinary technician qualifications.
20:57:03:01. Veterinary technician qualifications.
Veterinary technicians shall possess the following qualifications:
(1) Have successfully
completed an approved high school course of study or its equivalency;
(2) Have submitted proof of
good moral character by affidavits of at least two reputable persons attesting
thereto;
(3) Have successfully
completed a veterinary technician course of study in a school approved by the
board;
(4) Have appeared before at
least two members of the board for a personal interview and answered all
questions relative to their qualifications;
(5) Have submitted to a
written or oral examination given by the board and successfully passed it with
a score of at least 75 percent.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.2.
Rule 20:57:03:02 Application for registry.
20:57:03:02. Application for registry. Applications for
registry of a veterinary technician by a licensed veterinarian may be obtained
by a written request made to the secretary of the board.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.2.
Rule 20:57:03:03 Qualifications listed in application.
20:57:03:03. Qualifications listed in application.
Applications for registry of a veterinary technician shall list the veterinary services which, in the opinion of the applicant, by training and
experience or course of study, the technician is qualified to perform
and which the veterinarian intends the applicant to perform if registered as a
veterinary technician. Both the
applicant and the technician shall certify that the technician shall limit the
services to be rendered to those for which the technician has been duly
registered.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.3.
Rule 20:57:03:04 Review of application information by board.
20:57:03:04. Review of application information by board.
Upon receiving an application for registry of a veterinary technician, the
board shall review all information submitted and determine what veterinary
services the veterinary technician for whom application is made is qualified to
perform, and, if the board determines more information is needed to make such a
determination, shall request it from the applicant.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.3.
Rule 20:57:03:05 Registry of veterinary technician.
20:57:03:05. Registry of veterinary technician. Upon the
board's making a determination on registry of a veterinary technician, the
board shall notify the veterinary employer and the veterinary technician to be
registered of its determination and specify in the notice the services the
board has determined the veterinary technician is qualified to perform and for
which the veterinary technician is registered.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.4.
Rule 20:57:03:06 Personal supervision of veterinary technician for three months.
20:57:03:06. Personal supervision of veterinary technician
for three months. A person employed and registered as a veterinary
technician may not perform any services not personally supervised by the
veterinarian by whom the veterinary technician is employed for a period of
three months following employment.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.6.
Rule 20:57:03:07 Registry of additional services.
20:57:03:07. Registry of additional services. At the time
of annual renewal of the registry of a veterinary technician, the applicant may
submit proof of additional training and qualification for consideration by the
board and specify in the veterinary technician's opinion what veterinary
services the veterinary technician is qualified to perform in addition to those
for which the technician was previously registered. The board, upon receipt of any additional
proof as required by it, may grant registry to perform the additional services
and give notice of them to both the veterinary employer and the registered
veterinary technician.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.2.
Law
Implemented:SDCL 36-12-21.3, 36-12-21.5.
Rule 20:57:03:08 Annual renewal fee.
20:57:03:08. Annual renewal fee. The annual renewal fee
for a veterinary technician, registered as provided in this chapter, is five
dollars and shall continue the technician's right to perform veterinary
services for which the technician is registered.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-21.5.
Law
Implemented:SDCL 36-12-21.5
Rule 20:57:03:08.01 Veterinary technician renewal application form and requirements.
20:57:03:08.01. Veterinary technician renewal application form
and requirements. A veterinary technician renewal application must be on a
form provided by the South Dakota Veterinary Medical Examining Board and
provide proof of continuing education completed by the applicant. the applicant's continuing education must consist of a
minimum of twelve credit hours in the twenty-four months before the submission
of the renewal application. The continuing education may include South Dakota
Veterinary Medical Association sponsored courses and other courses relating to
veterinary science and technology, including clinical techniques, diagnostics,
therapeutics, animal care, and record keeping as approved by the Examining
Board.
Source:
25 SDR 56, effective October 21, 1998.
General
Authority:SDCL 36-12-21.1.
Law
Implemented:SDCL 36-12-21.2.
Rule 20:57:03:09 Declaratory rulings by board -- Procedure.
20:57:03:09. Declaratory rulings by board -- Procedure.
Any licensed veterinarian may petition the board for declaratory rulings as to
what constitutes direction and supervision of a veterinary technician as
provided in SDCL 36-12-21.6 by sending a written petition or request to the secretary of the board. The board shall, at the next regular meeting of board or at the next special meeting of the board, make its declaratory ruling and shall notify the person in writing of the decision and disposition of the petition within 30 days after that.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 1-26-15, 36-12-21.2.
Law
Implemented:SDCL 1-26-15, 36-12-21.4.
Rule 20:57:03:10 Unprofessional conduct.
20:57:03:10. Unprofessional conduct. It is unprofessional
conduct for a licensed veterinarian to knowingly permit any veterinary
technician employed by the veterinarian to perform any act not permitted by SDCL 36-12, including permitting such technician to do work without the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed, and it is unprofessional conduct of the veterinary technician to perform any such act.
Source:
Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General
Authority:SDCL 36-12-12, 36-12-21.2, 36-12-22.1.
Law
Implemented:SDCL 36-12-21.6, 36-12-21.8, 36-12-22.
Rule 20:57:04 CONTINUING EDUCATION
CHAPTER 20:57:04
CONTINUING EDUCATION
Section
20:57:04:01 Required hours
of continuing education.
20:57:04:02 Educational
programs.
20:57:04:03 Proof
of attendance.
20:57:04:04 Waiver
of continuing education requirements.
Rule 20:57:04:01 Required hours of continuing education.
20:57:04:01. Required hours of continuing education. Each
veterinarian licensed and registered in this state must complete 16 hours of
continuing education annually in subjects related to the practice of veterinary
medicine.
Source:
7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective
July 1, 1986; 23 SDR 95, effective December 15, 1996.
General
Authority:SDCL 36-12-19.1.
Law
Implemented:SDCL 36-12-19.1.
Rule 20:57:04:02 Educational programs.
20:57:04:02. Educational programs. The continuing
education as required by § 20:57:04:01 may be earned by attendance at an
educational program related to the practice of veterinary medicine sponsored or
approved by the board.
Source:
7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective
July 1, 1986.
General
Authority:SDCL 36-12-19.1.
Law
Implemented:SDCL 36-12-19.1, 36-12-19.2.
Rule 20:57:04:03 Proof of attendance.
20:57:04:03. Proof of attendance. Every veterinarian
seeking renewal of registration shall submit proof of attendance at educational
programs upon the request of the board.
Source:
7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective July
1, 1986.
General
Authority:SDCL 36-12-19.1.
Law
Implemented:SDCL 36-12-19.1, 36-12-19.2.
Rule 20:57:04:04 Waiver of continuing education requirements.
20:57:04:04. Waiver of continuing education requirements.
The board may excuse a licensee from the annual continuing education
requirements if the licensee submits an affidavit to the board that the
licensee was prevented from attending sufficient educational programs because
of a certified illness or undue hardship.
Source:
7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective
July 1, 1986.
General
Authority:SDCL 36-12-19.1.
Law
Implemented:SDCL 36-12-19.1.
Rule 20:57:05 VETERINARY LIVESTOCK ASSISTANTS
CHAPTER 20:57:05
VETERINARY LIVESTOCK ASSISTANTS
Section
20:57:05:01 Registry of
veterinary livestock assistants.
20:57:05:02 Practice
agreement.
20:57:05:03 Registration
certificate.
20:57:05:04 Annual
registration.
Rule 20:57:05:01 Registry of veterinary livestock assistants.
20:57:05:01. Registry of veterinary livestock assistants.
An application for registry of a veterinary livestock assistant shall be filed
with the board. The application shall be signed by a veterinarian licensed in
the state of South Dakota who shall supervise the veterinary livestock
assistant and by the person who is applying to be registered as a veterinary
livestock assistant.
The application shall be on forms
provided by the board and shall set forth the functions that the veterinary
livestock assistant may perform.
Source:
28 SDR 51, effective October 10, 2001.
General
Authority:SDCL 36-12-2.
Law
Implemented:SDCL 36-12-2.
Rule 20:57:05:02 Practice agreement.
20:57:05:02. Practice agreement. Each veterinarian and
veterinary livestock assistant shall enter into a practice agreement which
shall set forth the terms and conditions of the supervision to be required by
the veterinarian and the activities to be performed by the livestock veterinary
assistant. The practice agreement shall be filed with the board.
Source:
28 SDR 51, effective October 10, 2001.
General
Authority:SDCL 36-12-2.
Law
Implemented:SDCL 36-12-2.
Rule 20:57:05:03 Registration certificate.
20:57:05:03. Registration
certificate. Upon receipt of the practice agreement and a properly
completed application, the board shall issue a registration certificate for
each veterinary livestock assistant. The certificate shall state the name and
address of the licensed veterinarian who supervises the veterinary livestock
assistant and the year of registration. The name and address of the registered
veterinary livestock assistant shall be posted in the office of the supervising
veterinarian.
Source:
28 SDR 51, effective October 10, 2001.
General
Authority:SDCL 36-12-2.
Law
Implemented:SDCL 36-12-2.
Rule 20:57:05:04 Annual registration.
20:57:05:04. Annual registration. Registration of a
veterinary livestock assistant shall be prior to July 1 and shall be renewed
prior to July 1 each year thereafter. The renewal application shall be on forms
provided by the board and shall include all requirements stated in
§§ 20:57:05:01 to 20:57:05:03, inclusive.
Source:
28 SDR 51, effective October 10, 2001.
General
Authority:SDCL 36-12-2.
Law
Implemented:SDCL 36-12-2.
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