North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2129 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.8033.04000
	1	+	25.8033.02003
	2	+	Title.03000
	3	+	Adopted by the House Agriculture
	4	+	Committee
2	5		Sixty-ninth
	6	+	March 14, 2025
3	7		Legislative Assembly
4	8		of North Dakota
5	9		Introduced by
6	10		Workforce Development Committee
7	11		(At the request of the State Board of Veterinary Medical Examiners)
8		-	A BILL for an Act to create and enact ~~ten~~ new sections to chapter 43-29 of the North Dakota
9		-	Century Code, relating to the practice of veterinary medicine, veterinary technology, and
10		-	~~recognized~~ animal ~~services~~; to amend and reenact section 43-29-01.1, subsection 1 of ~~section~~
11		-	43-29-02, sections 43-29-03, 43-29-04, 43-29-05, 43-29-05.1, 43-29-06, 43-29-07, ~~43-29-07.1,~~
12		-	43-29-07.2, 43-29-07.3, 43-29-08.1, 43-29-13, 43-29-14, and 43-29-15, ~~subsection 2 of section~~
13		-	43-29-16, sections 43-29-16.1 and 43-29-17, and subsection 2 of ~~section 43-29-19 of the North~~
14		-	Dakota Century Code, relating to the practice of veterinary ~~medicine and veterinary technology;~~
15		-	to repeal sections 43-29-09, 43-29-10, 43-29-11, and ~~43-29-12.1 of the North Dakota Century~~
16		-	Code, relating to the practice of veterinary medicine ~~and veterinary technology; and to provide a~~
17		-	penalty.
	12	+	A BILL for an Act to create and enact nineten new sections to chapter 43-29 of the North Dakota
	13	+	Century Code, relating to the practice of veterinary medicine and, veterinary technology, and a
	14	+	specialized or holistic animal trade; to amend and reenact section 43-29-01.1, subsection 1 of
	15	+	section 43-29-02, sections 43-29-03, 43-29-04, 43-29-05, 43-29-05.1, 43-29-06, 43-29-07,
	16	+	43-29-07.1, 43-29-07.2, 43-29-07.3, 43-29-08.1, 43-29-13, 43-29-14, and 43-29-15,
	17	+	subsection 2 of section 43-29-16, sections 43-29-16.1 and 43-29-17, and subsection 2 of
	18	+	section 43-29-19 of the North Dakota Century Code, relating to the practice of veterinary
	19	+	medicine and veterinary technology; to repeal sections 43-29-09, 43-29-10, 43-29-11, and
	20	+	43-29-12.1 of the North Dakota Century Code, relating to the practice of veterinary medicine
	21	+	and veterinary technology; and to provide a penalty.
18	22		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
19	23		SECTION 1. AMENDMENT. Section 43-29-01.1 of the North Dakota Century Code is
20	24		amended and reenacted as follows:
21	25		43-29-01.1. Definitions.
22	26		As used in this chapter, unless the context otherwise requires:
23	27		1."Accepted livestock management practice" means a procedure that is commonly
24		-	performed as part of the routine management of livestock which includes ~~vaccination,~~
25		-	implantation of growth hormones, branding, castration, dehorning, ~~docking,~~
26		-	earmarking, semen collection, nonsurgical artificial insemination, and ~~assisting in a~~
27		-	nonsurgical birthing process.
28		-	Page No. 1 25.8033.~~04000~~
	28	+	preformed performed as part of the routine management of livestock which includes
	29	+	vaccination, implantation of growth hormones, branding, castration, dehorning,
	30	+	docking, earmarking, semen collection, nonsurgical artificial insemination, and
	31	+	assisting in a nonsurgical birthing process.
	32	+	Page No. 1 25.8033.02003
29	33		ENGROSSED SENATE BILL NO. 2129
30	34		FIRST ENGROSSMENT
31		-	~~with Conference Committee~~ Amendments
	35	+	PROPOSED AMENDMENTS TO
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51	55		20 Sixty-ninth
52	56		Legislative Assembly
53		-	2."Animal" means a member of the animal kingdom other than a human being ~~whether~~
54		-	living or dead.
	57	+	2."Animal" means any a member of the animal kingdom other than a human being
	58	+	whether living or dead.
55	59		3."AccreditedApproved college of veterinary medicine" means anya veterinary college or
56	60		division of a university or college which offers the degree of doctor of veterinary
57	61		medicine or its equivalent and which conforms to the standards required for
58	62		accreditation by the council on education of the American veterinary medical
59	63		associationan accrediting entity approved by the board, if the entity is nationally
60	64		recognized and develops and maintains accreditation standards for veterinary
61	65		education .
62	66		2.4."AccreditedApproved program in veterinary technology" means any postsecondary
63	67		educational program of two or more academic years that is accredited by the
64	68		committee on veterinary technician education and activities of the American veterinary
65		-	medical ~~associationthat~~ offers a degree in veterinary technology or its equivalent ~~and~~
66		-	has been approved by the board by rule.
	69	+	medical associationwhich that offers a degree in veterinary technology or its equivalent
	70	+	and has been approved by the board by rule .
67	71		3."Animal" means any animal other than a human being. The term includes any
68	72		mammal, bird, fish, reptile, or fowl, whether wild or domestic, living or dead.
69	73		4.5."Board" means the board of veterinary medical examiners.
70	74		5.6."Certificate" means a certificate issued by the educational commission for foreign
71	75		veterinary graduates or the educational equivalence program of the American
72	76		association of veterinary state boards, indicating the holder has demonstrated
73	77		knowledge and skill equivalent to that possessed by a graduate of an accredited
74	78		college of veterinary medicine.
75	79		6."Licensed veterinarian" means a person who is licensed by the board to practice
76	80		veterinary medicine.
77	81		7."Licensed veterinary technician" means a person who has graduated from an
78	82		accredited program in veterinary technology or an equivalent program as determined
79	83		by the board, and who has passed an examination prescribed by the board.
80	84		8."Client" means the patient's owner, owner's agent, or other individual presenting the
81	85		patient for care.
82		-	Page No. 2 25.8033.~~04000~~
	86	+	Page No. 2 25.8033.02003
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112	116		Legislative Assembly
113	117		7."Complementary, integrative, and alternative therapies" means a heterogeneous group
114	118		of preventative, diagnostic, and therapeutic philosophies and practices not considered
115	119		part of conventional veterinary medicine practiced by most veterinarians.
116	120		8."Consent" means the veterinarian has informed the client of the diagnostic and
117	121		treatment options, risk assessment, and prognosis, and the client has authorized the
118	122		recommended services.
119		-	9."Consultation" means advice or assistance received by a veterinarian in person, or by
120		-	any method of communication, from a veterinarian or other individual whose expertise,
121		-	in the opinion of the veterinarian, would benefit a patient.
122		-	10."Direct supervision" means supervision by a veterinarian who is readily available on
123		-	the premises where the patient is being treated and has assumed responsibility for the
124		-	veterinary care given to the patient by an individual working under the direction of the
125		-	veterinarian.
	123	+	9."Consultation" means that a veterinarian receives advice or assistance received by a
	124	+	veterinarian in person, or by any method of communication, from a veterinarian or
	125	+	other individual whose expertise, in the opinion of the veterinarian, would benefit a
	126	+	patient.
	127	+	10."Direct supervision" means the supervising supervision by a veterinarian who is readily
	128	+	available on the premises where the patient is being treated and has assumed
	129	+	responsibility for the veterinary care given to the patient by an individual working under
	130	+	the direction of the veterinarian.
126	131		11."Foreign practitioner" has the same meaning as defined under section 43 - 51 - 01.
127		-	12."Immediate supervision" means supervision by a veterinarian who is in ~~the immediate~~
128		-	area and within audible and visual range of the patient and the ~~individual treating the~~
129		-	patient and has assumed responsibility for the veterinary care ~~given to the patient by~~
130		-	an individual working under the direction of the veterinarian.
	132	+	12."Immediate supervision" means the supervising supervision by a veterinarian who is in
	133	+	the immediate area and within audible and visual range of the patient and the
	134	+	individual treating the patient and has assumed responsibility for the veterinary care
	135	+	given to the patient by an individual working under the direction of the veterinarian.
131	136		13."Impaired veterinarian" means a veterinarian who is unable to practice veterinary
132	137		medicine with reasonable skill and safety because of a physical or mental disability or
133	138		the use of alcohol, drugs, or other habit-forming chemicals.
134	139		14."Impaired veterinary technician" means a veterinary technician who is unable to
135	140		practice veterinary technology with reasonable skill and safety because of a physical
136	141		or mental disability or the use of alcohol, drugs, or other habit-forming chemicals.
137		-	15."Indirect supervision" means the supervision by a veterinarian who is not ~~on the~~
138		-	premises where the patient is being treated but has given written or oral ~~instructions~~
139		-	for the treatment of the patient, is readily available for communication, and ~~has~~
140		-	assumed responsibility for the veterinary care given to the patient by an individual
	142	+	15."Indirect supervision" means the supervising supervision by a veterinarian who is not
	143	+	on the premises where the patient is being treated but has given written or oral
	144	+	instructions for the treatment of the patient, is readily available for communication, and
	145	+	has assumed responsibility for the veterinary care given to the patient by an individual
141	146		working under the direction of the veterinarian.
	147	+	Page No. 3 25.8033.02003
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	178	+	Legislative Assembly
142	179		16."Jurisdiction" means any commonwealth, state, or territory of the United States of
143	180		America, including the District of Columbia, or any province of Canada.
144		-	Page No. 3 25.8033.04000
	181	+	17."Patient" means an animal or group of animals examined or treated by a veterinarian.
	182	+	18."Practice of veterinary medicine" means tothe:
	183	+	a.Diagnose, treat, correct, change, relieve, or prevent animalDiagnosis, prognosis,
	184	+	correction, supervision, recommendation, or performance of any medical or
	185	+	surgical treatment, including complementary, integrative or alternative therapies,
	186	+	for the diagnosis, prevention, cure, or relief of a wound, disease, deformity,
	187	+	defect, fracture, bodily injury, or otherdental, physical, behavioral, or mental
	188	+	conditions. The term includes the prescription or administration of any drug,
	189	+	medicine, biologic, apparatus, application, anesthetic, or other therapeutic or
	190	+	diagnostic substance or technique, the use of any manual or mechanical
	191	+	procedure for testing for pregnancy, or for correcting sterility or infertility, or to
	192	+	render advice or recommendation with regard to any of the above.condition of an
	193	+	animal;
	194	+	b.RepresentPrescription, distribution, or administration of a drug, medicine,
	195	+	anesthetic, biologic, appliance, apparatus, application, or treatment to an animal;
	196	+	c.Provision of any manual or mechanical procedure for the diagnosis or treatment
	197	+	of pregnancy, sterility, or infertility of an animal;
	198	+	d.Determination of the health, fitness, or soundness of an animal;
	199	+	e.Representation of oneself, directly or indirectly, publicly or privately, an ability and
	200	+	willingness to do an act described in subdivision a.as engaging in the practice of
	201	+	veterinary medicine; or
	202	+	c.f.Use of any title, word, abbreviation, or letter in a manner or under circumstances
	203	+	that induce the belief the personthat the individual using thesuch title, word,
	204	+	abbreviation, or letter is qualified to do any act described in subdivision a
	205	+	authorized to practice veterinary medicine under this chapter.
	206	+	d.Apply principles of environmental sanitation, food inspection, environmental
	207	+	pollution control, animal nutrition, zoonotic disease control, and disaster medicine
	208	+	in the promotion and protection of public health.
	209	+	19.a."Practice of veterinary technology" means the:
	210	+	Page No. 4 25.8033.02003
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177		-	17."Patient" means an animal or group of animals examined or treated by a veterinarian.
178		-	18."Practice of veterinary medicine" means tothe:
179		-	a.Diagnose, treat, correct, change, relieve, or prevent animalDiagnosis, prognosis,
180		-	correction, supervision, recommendation, or performance of any medical or
181		-	surgical treatment, including complementary, integrative or alternative therapies,
182		-	for the diagnosis, prevention, cure, or relief of a wound, disease, deformity,
183		-	defect, fracture, bodily injury, or otherdental, physical, behavioral, or mental
184		-	conditions. The term includes the prescription or administration of any drug,
185		-	medicine, biologic, apparatus, application, anesthetic, or other therapeutic or
186		-	diagnostic substance or technique, the use of any manual or mechanical
187		-	procedure for testing for pregnancy, or for correcting sterility or infertility, or to
188		-	render advice or recommendation with regard to any of the above.condition of an
189		-	animal;
190		-	b.RepresentPrescription, distribution, or administration of a drug, medicine,
191		-	anesthetic, biologic, appliance, apparatus, application, or treatment to an animal;
192		-	c.Provision of any manual or mechanical procedure for the diagnosis or treatment
193		-	of pregnancy, sterility, or infertility of an animal;
194		-	d.Determination of the health, fitness, or soundness of an animal;
195		-	e.Representation of oneself, directly or indirectly, publicly or privately, an ability and
196		-	willingness to do an act described in subdivision a.as engaging in the practice of
197		-	veterinary medicine; or
198		-	c.f.Use of any title, word, abbreviation, or letter in a manner or under circumstances
199		-	that induce the belief the personthat the individual using thesuch title, word,
200		-	abbreviation, or letter is qualified to do any act described in subdivision a
201		-	authorized to practice veterinary medicine under this chapter.
202		-	d.Apply principles of environmental sanitation, food inspection, environmental
203		-	pollution control, animal nutrition, zoonotic disease control, and disaster medicine
204		-	in the promotion and protection of public health.
205		-	19.a."Practice of veterinary technology" means the:
206	243		(1)Provision of professional medical care, monitoring, or treatment on the basis
207	244		of written or oral instructions from a veterinarian;
208		-	Page No. 4 25.8033.04000
	245	+	(2)Representation of oneself, directly or indirectly, as engaging in the practice
	246	+	of veterinary technology; or
	247	+	(3)Use of any title, word, abbreviation, or letter in a manner or under
	248	+	circumstances that induce inducing the belief that the individual using such
	249	+	title is authorized to practice veterinary technology under this chapter.
	250	+	b.This section may not be construed to permit a veterinary technician to do the
	251	+	following:
	252	+	(1)Surgery, except when acting as a surgical assistant to a veterinarian;
	253	+	(2)Diagnose;
	254	+	(3)Prognose; or
	255	+	(4)Prescribe.
	256	+	20."State board examination" means the jurisprudence examination administered by the
	257	+	board.
	258	+	21."Supervising veterinarian" means a veterinarian who has a valid veterinarian-client-
	259	+	patient relationship and assumes responsibility for the veterinary care provided to the
	260	+	patient by an individual working under the direction of the veterinarian.
	261	+	22."Teleadvice" means the provision of any health information, opinion, or guidance that
	262	+	is not specific to a particular animal's health, illness, or injury and is not intended to
	263	+	diagnose, prognose, or treat an animal.
	264	+	23."Telehealth" means the use of technology to gather and deliver health information,
	265	+	advice, education, or patient care remotely.
	266	+	24."Teletriage" means electronic communication with the client to determine urgency and
	267	+	need for immediate referral to a veterinarian.
	268	+	25."Veterinarian" means an individual who is licensed to practice veterinary medicine
	269	+	under this chapter.
	270	+	9.26."Veterinarian-client-patient relationship" means:
	271	+	a.A a relationship in which the veterinarian has assumed the responsibility for
	272	+	making medical judgments regarding the health of an animal and the need for
	273	+	Page No. 5 25.8033.02003
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	305	+	medical treatment, a patient and the client, who is the owner or other caretaker,
	306	+	has agreed to follow the instructions of the veterinarian.
	307	+	b.There is sufficient knowledge of the animal by the veterinarian to initiate at least a
	308	+	general or preliminary diagnosis of the medical condition of the animal.
	309	+	c.The practicing veterinarian is readily available for followup in the case of adverse
	310	+	reactions or failure of the regimen of therapy. This relationship exists only when
	311	+	the veterinarian has recently seen and is personally acquainted with the keeping
	312	+	and care of the animal by virtue of an examination of the animal and by medically
	313	+	appropriate and timely visits to the premises where the animal is kept.
	314	+	10.27."Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, chiropractic,
	315	+	acupuncture, and all other branches or specialties of veterinary medicine.
	316	+	28."Veterinary premises" means any premises or facility where the practice of veterinary
	317	+	medicine is performed but may not include the premises of a client, research facility,
	318	+	military base, or an approved college of veterinary medicine.
	319	+	29."Veterinary technician" means an individual who is licensed to practice veterinary
	320	+	technology under this chapter.
	321	+	30."Veterinary technology" includes all branches or specialties of veterinary technology.
	322	+	31."Veterinary telemedicine" means the virtual practice of veterinary medicine over the
	323	+	telecommunications infrastructure.
	324	+	SECTION 2. A new section to chapter 43-29 of the North Dakota Century Code is created
	325	+	and enacted as follows:
	326	+	Requirements of a veterinarian-client-patient relationship.
	327	+	1.A veterinarian-client-patient relationship may not be established unless the
	328	+	veterinarian has sufficient knowledge of the patient to initiate a general or preliminary
	329	+	diagnosis of the medical condition of the patient. To establish a veterinarian-client-
	330	+	patient relationship, the veterinarian must be personally acquainted with the keeping
	331	+	and care of the patient by virtue of a medically appropriate and timely in-person
	332	+	examination of the patient by the veterinarian, or by a timely in-person visit to the
	333	+	premises where the patient is managed or resides.
	334	+	2.The veterinarian must be reasonably available for patient followup care after a
	335	+	veterinarian-client-patient relationship is established.
	336	+	Page No. 6 25.8033.02003
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241		-	~~(2)Representation~~ of ~~oneself, directly or indirectly, as engaging in the practice~~
242		-	~~of veterinary technology;~~ or
243		-	~~(3)Use of any title, word, abbreviation, or letter in~~ a ~~manner or under~~
244		-	~~circumstances inducing the belief the individual using such title is authorized~~
245		-	~~to practice veterinary technology under this chapter.~~
246		-	b.~~This section may not be construed to permit a veterinary technician to do the~~
247		-	~~following:~~
248		-	~~(1)Surgery, except when acting as a surgical assistant~~ to ~~a veterinarian;~~
249		-	~~(2)Diagnose;~~
250		-	~~(3)Prognose; or~~
251		-	~~(4)Prescribe~~.
252		-	~~20."State board examination"~~ ~~means~~ the ~~jurisprudence examination administered by the~~
253		-	~~board~~.
254		-	21.~~"Supervising veterinarian" means~~ a veterinarian who ~~has a valid veterinarian-client-~~
255		-	~~patient relationship and assumes responsibility for the veterinary~~ care ~~provided~~ to ~~the~~
256		-	~~patient by an individual working under~~ the ~~direction of the~~ veterinarian.
257		-	22.~~"Teleadvice" means~~ the ~~provision of any health information, opinion, or guidance that~~
258		-	~~is not specific~~ to ~~a particular animal's health, illness, or injury and is not intended to~~
259		-	~~diagnose, prognose,~~ ~~or treat an animal.~~
260		-	~~23."Telehealth" means the use of technology to gather~~ and ~~deliver health information,~~
261		-	~~advice, education,~~ ~~or patient care remotely.~~
262		-	24.~~"Teletriage" means electronic communication with~~ the ~~client to determine urgency and~~
263		-	~~need for immediate referral to a veterinarian.~~
264		-	25."Veterinarian~~" means an individual who is licensed to practice veterinary medicine~~
265		-	~~under this chapter.~~
266		-	9.~~26."~~Veterinarian~~-client-patient relationship"~~ ~~means:~~
267		-	a.A a ~~relationship in which the veterinarian has assumed the responsibility for~~
268		-	~~making medical judgments regarding the health of an animal~~ and ~~the need for~~
269		-	~~medical treatment,~~ ~~a patient and~~ the ~~client, who~~ is ~~the owner or other caretaker,~~
270		-	~~has agreed to follow the instructions of the veterinarian.~~
271		-	Page No. 5 25.8033.~~04000~~
	369	+	3.The veterinarian shall provide oversight of patient treatment.
	370	+	4.Patient records must be maintained according to rules promulgated by the board.
	371	+	5.A veterinarian-client-patient relationship may not be established solely through
	372	+	veterinary telemedicine.
	373	+	6.A veterinarian seeking consultation must shall maintain the veterinarian-client-patient
	374	+	relationship.
	375	+	7.A veterinarian may terminate a veterinarian-client-patient relationship by notifying the
	376	+	client that the veterinarian no longer wishes to serve the patient and client.
	377	+	8.The veterinarian shall provide medical records to the client, another veterinarian, or a
	378	+	foreign practitioner designated by the client if the veterinarian-client-patient
	379	+	relationship has been terminated. The veterinarian must shall allow the client a
	380	+	reasonable amount of time to arrange care with another veterinarian unless the
	381	+	circumstance, patient, or client threatens the safety of the veterinarian or the staff.
	382	+	9.A veterinarian who in good faith engages in the practice of veterinary medicine by
	383	+	rendering or attempting to render emergency care may not be subject to penalty
	384	+	based solely on the inability to establish a veterinarian-client-patient relationship.
	385	+	10.The veterinarian-client-patient relationship may extend to all veterinarians within the
	386	+	same practice with access to the patient records.
	387	+	SECTION 3. AMENDMENT. Subsection 1 of section 43-29-02 of the North Dakota Century
	388	+	Code is amended and reenacted as follows:
	389	+	1.The state board of veterinary medical examiners consists of five gubernatorially
	390	+	appointed members. In appointing the board members, the governor shall appoint
	391	+	three veterinarians, one veterinarianveterinary technician, and one individual
	392	+	representing the public. In appointing the veterinarian members of the board, the
	393	+	governor shall make an effort to appoint:
	394	+	a.One veterinarian whose practice has a predominant focus on large animals;
	395	+	b.One veterinarian whose practice has a predominant focus on small animals; and
	396	+	c.One veterinarian whose practice focuses on both large and small animals.
	397	+	SECTION 4. AMENDMENT. Section 43-29-03 of the North Dakota Century Code is
	398	+	amended and reenacted as follows:
	399	+	Page No. 7 25.8033.02003
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301	429		30 Sixty-ninth
302		-	Legislative Assembly
303		-	b.There is sufficient knowledge of the animal by the veterinarian to initiate at least a
304		-	general or preliminary diagnosis of the medical condition of the animal.
305		-	c.The practicing veterinarian is readily available for followup in the case of adverse
306		-	reactions or failure of the regimen of therapy. This relationship exists only when
307		-	the veterinarian has recently seen and is personally acquainted with the keeping
308		-	and care of the animal by virtue of an examination of the animal and by medically
309		-	appropriate and timely visits to the premises where the animal is kept.
310		-	10.27."Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, chiropractic,
311		-	acupuncture, and all other branches or specialties of veterinary medicine.
312		-	28."Veterinary premises" means any premises or facility where the practice of veterinary
313		-	medicine is performed but may not include the premises of a client, research facility,
314		-	military base, or an approved college of veterinary medicine.
315		-	29."Veterinary technician" means an individual who is licensed to practice veterinary
316		-	technology under this chapter.
317		-	30."Veterinary technology" includes all branches or specialties of veterinary technology.
318		-	31."Veterinary telemedicine" means the virtual practice of veterinary medicine over the
319		-	telecommunications infrastructure.
320		-	SECTION 2. A new section to chapter 43-29 of the North Dakota Century Code is created
321		-	and enacted as follows:
322		-	Requirements of a veterinarian-client-patient relationship.
323		-	1.A veterinarian-client-patient relationship may not be established unless the
324		-	veterinarian has sufficient knowledge of the patient to initiate a general or preliminary
325		-	diagnosis of the medical condition of the patient. To establish a veterinarian-client-
326		-	patient relationship, the veterinarian must be personally acquainted with the keeping
327		-	and care of the patient by virtue of a medically appropriate and timely in-person
328		-	examination of the patient by the veterinarian, or by a timely in-person visit to the
329		-	premises where the patient is managed or resides.
330		-	2.The veterinarian must be reasonably available for patient followup care after a
331		-	veterinarian-client-patient relationship is established.
332		-	3.The veterinarian shall provide oversight of patient treatment.
333		-	4.Patient records must be maintained according to rules promulgated by the board.
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365		-	31 Sixty-ninth
366		-	Legislative Assembly
367		-	5.A veterinarian-client-patient relationship may not be established solely through
368		-	veterinary telemedicine.
369		-	6.A veterinarian seeking consultation shall maintain the veterinarian-client-patient
370		-	relationship.
371		-	7.A veterinarian may terminate a veterinarian-client-patient relationship by notifying the
372		-	client that the veterinarian no longer wishes to serve the patient and client.
373		-	8.The veterinarian shall provide medical records to the client, another veterinarian, or a
374		-	foreign practitioner designated by the client if the veterinarian-client-patient
375		-	relationship has been terminated. The veterinarian shall allow the client a reasonable
376		-	amount of time to arrange care with another veterinarian unless the circumstance,
377		-	patient, or client threatens the safety of the veterinarian or the staff.
378		-	9.A veterinarian who in good faith engages in the practice of veterinary medicine by
379		-	rendering or attempting to render emergency care may not be subject to penalty
380		-	based solely on the inability to establish a veterinarian-client-patient relationship.
381		-	10.The veterinarian-client-patient relationship may extend to all veterinarians within the
382		-	same practice with access to the patient records.
383		-	SECTION 3. AMENDMENT. Subsection 1 of section 43-29-02 of the North Dakota Century
384		-	Code is amended and reenacted as follows:
385		-	1.The state board of veterinary medical examiners consists of five gubernatorially
386		-	appointed members. In appointing the board members, the governor shall appoint
387		-	three veterinarians, one veterinarianveterinary technician, and one individual
388		-	representing the public. In appointing the veterinarian members of the board, the
389		-	governor shall make an effort to appoint:
390		-	a.One veterinarian whose practice has a predominant focus on large animals;
391		-	b.One veterinarian whose practice has a predominant focus on small animals; and
392		-	c.One veterinarian whose practice focuses on both large and small animals.
393		-	SECTION 4. AMENDMENT. Section 43-29-03 of the North Dakota Century Code is
394		-	amended and reenacted as follows:
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423		-	28 Sixty-ninth
424	430		Legislative Assembly
425	431		43-29-03. Officers of board - Seal - Meetings - Limitations on meetings -
426	432		ExaminationsDuties of board - Rules - Code of ethics - Inspection of facilities -
427	433		Educational requirements - ReciprocityFees.
428	434		1.The board shall elect a president and a secretary. The board shall have a seal, and
429	435		the president and the secretary may administer oathsvice president. The board shall
430	436		hold meetings semiannually in the spring and fall of each year for the
431	437		examinationapproval of candidates at a time and place specified by the
432	438		boardapplicants for licensure. The board may hold any other meeting it determines
433	439		necessary at the time and place it designates. No session of the board may exceed
434	440		two days. A quorum of the board consists of two members and such quorum is
435	441		sufficientmust be present to conduct the business and proceedings of the board,
436	442		except that any changes in the rules must be taken at a meeting at which all the
437	443		members are present.
438	444		2.The board may adopt and enforce reasonable rules, and orders that it determines to
439	445		be necessary to the performance of its duties and the regulation of the practice of
440	446		veterinary medicine; establish standards for professional conduct, inspection of
441	447		facilities, and educational requirements for renewal and granting of licenses; prescribe
442	448		forms for application for examination; prepare and supervise examination of applicants
443	449		for license to practice veterinary medicine; obtain the services of professional
444	450		examination agencies in lieu of its own preparation of such examinations; and issue
445	451		and revoke licenses as provided in this chapter. All rules must be submitted to the
446	452		attorney general in accordance with chapter 28-32., veterinary technology, and
447	453		veterinary telemedicine, including to:
448	454		a.Establish standards for professional conduct and inspection of veterinary
449	455		premises;
450	456		b.Establish requirements for granting of licenses and temporary licenses;
451	457		c.Establish requirements for renewal of licenses and continuing education;
452	458		d.Prepare application forms for licensure and renewal;
453	459		e.Administer the state board examination for qualified applicants;
454	460		f.Obtain the services of professional examination agencies to administer national
455	461		examinations; and
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487	493		31 Sixty-ninth
488	494		Legislative Assembly
489	495		g.Issue, suspend, revoke, or place on probationary status licenses and temporary
490	496		licenses as provided in this chapter.
491	497		3.All rules must be submitted to the attorney general in accordance with chapter 28 - 32.
492	498		3.4.The board may, in its discretion, enter reciprocal agreements with the examining
493	499		boards of other states and nations, governing the granting of licenses to practice
494	500		veterinary medicine and surgery in this state without the applicant taking a written
495	501		examination. Under no circumstances, however, may any reciprocal agreement be
496	502		entered with the board of another state or nation unless the requirements for the
497	503		granting of licenses in the other state or nation are on an equal or higher standard to
498	504		the requirements of this state. The board may prescribe by rule any other terms or
499	505		conditions to be contained in the agreements. The board shall determine the fee for
500	506		license by reciprocity agreement.shall set the following by rule:
501	507		a.Application fee;
502	508		b.License fee;
503	509		c.Temporary license fee;
504	510		d.Renewal fee;
505	511		e.Late renewal fee; and
506	512		f.Continuing education fee.
507	513		SECTION 5. AMENDMENT. Section 43-29-04 of the North Dakota Century Code is
508	514		amended and reenacted as follows:
509	515		43-29-04. Record of proceedings of board - Register of applicants kept by board -
510	516		Records and register as evidence.
511	517		The state board of veterinary medical examiners shall keep a record of all its proceedings
512	518		and a register of applicants for licenses showing the name of each applicant, the time spent by
513	519		each applicant in the study and practice of veterinary medicine, surgery, or dentistry or
514	520		veterinary technology , and the name and location of the school, college, or universityprogram
515	521		which granted the applicant a degree or diploma. Such books and records are prima facie
516	522		evidence of the matters recorded therein.
517	523		SECTION 6. AMENDMENT. Section 43-29-05 of the North Dakota Century Code is
518	524		amended and reenacted as follows:
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549	555		30 Sixty-ninth
550	556		Legislative Assembly
551	557		43-29-05. Compensation and expenses of members of board.
552	558		Members of the board may receive for each day during which theythe members are actually
553	559		engaged in the performance of the duties of their office suchthe per diem as must be fixed by
554	560		the board. They may alsoThe members also may be reimbursed for necessary travel expenses
555	561		and meals and lodging expenses at the same rate and in the same manner as are elected
556	562		officials and employees of the state.
557	563		The board may select one of its members to attend the annual meeting of the national
558	564		organization of state examining boards. The member so selected may be reimbursed for
559	565		necessary travel expenses and meals and lodging expenses at the same rate and in the same
560	566		manner as are elected officials and employees of the state.
561	567		The board may incur no expense exceeding the sum received as fees, as hereinafter
562	568		provided.
563	569		SECTION 7. AMENDMENT. Section 43-29-05.1 of the North Dakota Century Code is
564	570		amended and reenacted as follows:
565	571		43-29-05.1. Executive secretarydirector.
566	572		The board may employ an executive secretarydirector and such other personsindividuals as
567	573		it deems advisablenecessary to carry out the purpose of this chapter at such salaries as it may
568	574		determine.
569	575		Each biennium the executive secretary shall prepare the budget of the board for
570	576		presentation to the executive office of the budget. The executive secretary shall also carry out
571	577		all routine secretarial and other duties as directed by the board.
572	578		SECTION 8. AMENDMENT. Section 43-29-06 of the North Dakota Century Code is
573	579		amended and reenacted as follows:
574	580		43-29-06. Graduation from recognized school and certificate or permit from
575	581		boardLicense required.
576	582		Only a graduate of the veterinary course offered in a veterinary school, college, or university
577	583		recognized by the board, and who possesses a certificate of registrationAn individual must have
578	584		a license or temporary license issued by the board which is in effect, may engage in the to
579	585		practice of veterinary medicine or veterinary technology.
580	586		SECTION 9. AMENDMENT. Section 43-29-07 of the North Dakota Century Code is
581	587		amended and reenacted as follows:
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613	619		31 Sixty-ninth
614	620		Legislative Assembly
615	621		43-29-07. Application for license - Change of address - Display of certificate of
616	622		registrationRequirements for veterinarian licensure.
617	623		1.A person desiring
618	624		The board may grant a license to practice veterinary medicine in this state shall make
619	625		written application to the board. The application must show the applicant is a graduate of an
620	626		accredited college of veterinary medicine or the holder of a certificate. The application must also
621	627		show the applicant is a person of good moral character and any other information and proof the
622	628		board may require. The application must be accompanied by a fee in the amount established by
623	629		the board. If the board determines an applicant possesses the proper qualifications, the board
624	630		shall admit the applicant to the next examination. If the applicant is eligible for license without
625	631		examination under section 43-29-07.2, the board may grant the applicant a license. If an
626	632		applicant is found not qualified to take the examination or for a license without examination, the
627	633		board shall immediately notify the applicant in writing of this finding and the grounds of this
628	634		finding. An applicant found unqualified may request a hearing on the question of the applicant's
629	635		qualifications.
630	636		2.Each veterinarian licensed by the board, whether a resident or not, shall notify the
631	637		secretary of any change in that person's office address or employment within sixty
632	638		days after the change has taken place. Any person licensed to practice veterinary
633	639		medicine after the fifteenth day of April, or any person issued a temporary permit to
634	640		practice veterinary medicine after that date, is exempt from this requirement to pay the
635	641		annual registration fee until the first day of July of the year following licensure.
636	642		3.Registration is a condition precedent to the practice of veterinary medicine and
637	643		surgery in this state, and a certificate of registration currently in effect must be on
638	644		display at all times in the office of each veterinarian engaged in active practice.to an
639	645		applicant who:
640	646		1.Is a graduate of an approved college of veterinary medicine or has completed an
641	647		equivalency program of veterinary medicine as established by the board by rule;
642	648		2.Passes the national board examination and clinical competency test, or the North
643	649		American veterinary licensing examination;
644	650		3.Passes the state board examination;
645	651		4.Has no grounds for license refusal under section 43 - 29 - 14; and
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677	683		31 Sixty-ninth
678	684		Legislative Assembly
679	685		5.Meets any additional requirements for licensure established by the board by rule.
680	686		SECTION 10. AMENDMENT. Section 43-29-07.1 of the North Dakota Century Code is
681	687		amended and reenacted as follows:
682	688		43-29-07.1. Veterinary technicians - ExaminationsRequirements for veterinary
683	689		technician licensure .
684	690		1.An
685	691		The board may grant a license to practice veterinary technology to an applicant for
686	692		licensure as a veterinary technician must have an examination date offered at least annually at
687	693		a time, place, and date determined by the board at least ninety days before the scheduled
688	694		examination.
689	695		2.An applicant for licensure as a veterinary technician must pass the veterinary
690	696		technician national examination with a score approved by the board.
691	697		3.An applicant for licensure as a veterinary technician who has successfully passed the
692	698		veterinary technician national examination shall request that the applicant's
693	699		examination scores be forwarded to the board. An applicant is eligible for licensure
694	700		upon meeting the licensure requirements set by the board.who:
695	701		1.Is a graduate of an approved program of veterinary technology or completed an
696	702		equivalency program of veterinary technology as established by the board by rule;
697	703		2.Passes the veterinary technician national examination;
698	704		3.Passes the state board examination;
699	705		4.Has no grounds for license refusal under section 43 - 29 - 14; and
700	706		5.Meets any additional requirements for licensure established by the board by rule.
701	707		SECTION 11. AMENDMENT. Section 43-29-07.2 of the North Dakota Century Code is
702	708		amended and reenacted as follows:
703	709		43-29-07.2. Examination - License without examination - Temporary permitlicense.
704	710		1.The board shall hold at least two examinations a year. The board shall adopt rules
705	711		governing preparation, administration, and grading of examinations. Examinations
706	712		must be designed to test the examinee's knowledge of and proficiency in the subjects
707	713		and techniques commonly taught in veterinary schools. To pass the examination, the
708	714		examinee must demonstrate scientific and practical knowledge sufficient to prove
709	715		competency to practice veterinary medicine in the judgment of the board. An examinee
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741	747		31 Sixty-ninth
742	748		Legislative Assembly
743	749		must be tested by written examination, supplemented by any oral interview and
744	750		practical demonstration the board determines necessary. The board may adopt and
745	751		use the examination prepared by the national board of veterinary medical examiners.
746	752		After each examination, the board shall notify each examinee of the result of the
747	753		examination, and the board shall issue a license to each person who passed the
748	754		examination. The board shall record each new license and issue a certificate of
749	755		registration to each new licensee. Any person failing an examination may be admitted
750	756		to any subsequent examination on approval by the board and payment of the
751	757		application fee.
752	758		2.The board may issue a license without a written examination to a qualified applicant
753	759		who furnishes satisfactory proof of graduation from an accredited or approved college
754	760		of veterinary medicine, or holds a certificate, and who:
755	761		a.Has for the five years immediately before filing of the application been a
756	762		practicing veterinarian licensed in a state having license requirements at the time
757	763		the applicant was first licensed which were substantially equivalent to the
758	764		requirements of this chapter;
759	765		b.Has within the three years immediately before filing the application successfully
760	766		completed the examinations provided by the national board of veterinary medical
761	767		examiners; or
762	768		c.Currently holds a license to practice in at least one state, has active diplomat
763	769		status in a specialty organization recognized by the American veterinary medical
764	770		association, and whose practice is limited to the certified specialty in the state in
765	771		which the specialist is licensed without examination.
766	772		3.The board may issue without examination a temporary permitlicense to practice
767	773		veterinary medicine in this state to:
768	774		a.A qualified applicant for license pending examination, if the temporary permit
769	775		expires the day after the notice of results of the first examination given after the
770	776		permit is issued. A temporary permit may not be issued to an applicant who
771	777		previously has failed the examination in this or any other state or a foreign
772	778		country.
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803	809		30 Sixty-ninth
804	810		Legislative Assembly
805	811		b.A nonresident veterinarian validly licensed in another state or a foreign country
806	812		who pays the fee established and published by the board if the temporary permit
807	813		is issued for a period of no more than sixty days and no more than one permit is
808	814		issued to a person during each calendar year.
809	815		c.A senior veterinary student who practices in the office of and under the direct
810	816		supervision of a licensed veterinarian. A temporary student permit may not
811	817		exceed six months from its date of issuance and is granted without payment of a
812	818		fee.
813	819		d.A graduate of a nonaccredited college of veterinary medicine, who has
814	820		satisfactorily completed the fourth year of clinical study at an accredited or
815	821		approved college of veterinary medicine, has successfully passed the
816	822		examination provided by the national board of veterinary medical examiners, and
817	823		is enrolled in the educational commission for foreign veterinary graduates
818	824		program. The holder of a temporary permit issued under this subdivision must
819	825		practice under the supervision of a licensed veterinarian. A temporary permit
820	826		issued under this subdivision is valid until the holder obtains a certificate or for
821	827		two years a qualified applicant who has met the requirements established by the
822	828		board .
823	829		SECTION 12. AMENDMENT. Section 43-29-07.3 of the North Dakota Century Code is
824	830		amended and reenacted as follows:
825	831		43-29-07.3. LicenseVeterinarian - License renewal - Continuing education
826	832		requirements.
827	833		1.All licenses expireA veterinarian license expires annually as of July first but may be
828	834		renewed by registration with the board and payment of the registration renewal fee
829	835		established by the board. On June first of each year, the board shall mail a notice to
830	836		each licensed veterinarian that the licensee's license will expire as of July first and
831	837		provide the licensee with a form for registration. The board shall issue a new certificate
832	838		of registration to a person reregistering under this section. Any person who willfully or
833	839		by neglect fails to renew a license and who practices veterinary medicine after the
834	840		expiration of the license is practicing in violation of this chapteron June thirtieth.
835		-	Page No. 14 25.8033.~~04000~~
	841	+	Page No. 14 25.8033.02003
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865	871		30 Sixty-ninth
866	872		Legislative Assembly
867	873		2.A veterinarian license may be renewed by submission of the following to the board, no
868	874		later than June thirtieth:
869	875		a.A complete renewal application;
870	876		b.Payment of the renewal fee established by the board; and
871	877		c.Proof of completion of board required continuing education.
872	878		3.An individual who neglects or willfully fails to renew a license and practices veterinary
873	879		medicine after the expiration of the license, is practicing veterinary medicine in
874	880		violation of this chapter.
875	881		2.4.Any qualified personAn individual may renew an expired license within twofive years of
876	882		the date of its expiration by making writtencompleting an application for renewal and,
877	883		paying the current renewal fee plus all delinquent renewal fees, and completing all
878	884		required continuing education . After twofive years have elapsed since the date of
879	885		expiration, a license may not be renewed, but the holder may make applicationapply
880	886		for a new license and take the license examination. The board may by rule waive the
881	887		payment of the registration renewal fee of a licensed veterinarian during the period
882	888		when the veterinarian is on active duty with any branch of the armed services of the
883	889		United States, not to exceed the longer of three years or the duration of active duty.
884	890		3.5.The board may adopt rules establishing requirements for the continuing education of
885	891		veterinarians and veterinary technicians. The board may refuse to renew or may
886	892		suspend, revoke, or place on probationary status any license issued under this
887	893		chapter upon proof the licenseeveterinarian has failed to meet the applicable
888	894		continuing education requirements. Applicants for accreditation of continuing
889	895		education courses, classes, or activities may be charged a reasonable fee determined
890	896		by the board.
891	897		SECTION 13. AMENDMENT. Section 43-29-08.1 of the North Dakota Century Code is
892	898		amended and reenacted as follows:
893	899		43-29-08.1. Veterinary technician - Renewal of license - Continuing education
894	900		requirements .
895	901		1.A license issued to a veterinary technician under this chapter expireslicense expires
896	902		annually on December thirty-first.
897		-	Page No. 15 25.8033.~~04000~~
	903	+	Page No. 15 25.8033.02003
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927	933		30 Sixty-ninth
928	934		Legislative Assembly
929	935		2.A veterinary technician shall submit renewal fees and current mailing address
930	936		beforelicense may be renewed by submission of the following to the board, no later
931	937		than December thirty-first on an application form provided and mailed to the
932	938		licenseholder by the board:
933	939		a.A complete renewal application;
934	940		b.Payment of a renewal fee established by the board; and
935	941		c.Proof of completion of board required continuing education.
936	942		3.A veterinary technician shall submit evidence of completion of required continuing
937	943		education credits in the veterinary field during the calendar year in order to apply for a
938	944		license renewalAn individual who neglects or willfully fails to renew a license and
939	945		practices veterinary technology after the expiration of the license, is practicing
940	946		veterinary technology in violation of this chapter .
941	947		4.Failure to submit the appropriateAn individual may renew an expired license renewal
942	948		fee every year results in forfeiture of all rights and privileges under this chapter and the
943	949		veterinary technician may not perform veterinary technician services unless the
944	950		veterinary technician pays a delinquency fee in addition to the licensewithin five years
945	951		of the date of its expiration by completing an application for renewal, paying the
946	952		current renewal fee plus all delinquent renewal fees, and completing all required
947	953		continuing education. After five years have elapsed since the date of expiration, a
948	954		license may not be renewed, but the holder may apply for a new license.
949	955		5.The board may refuse to renew or may suspend, revoke, or place on probationary
950	956		status any license issued under this chapter upon proof the veterinary technician has
951	957		failed to meet the applicable continuing education requirements .
952	958		SECTION 14. AMENDMENT. Section 43-29-13 of the North Dakota Century Code is
953	959		amended and reenacted as follows:
954		-	43-29-13. Practices excepted from chapterExceptions to the practice of ~~veterinary~~
955		-	medicine.
	960	+	43-29-13. Practices excepted from chapterExceptions to the unlicensed practice of
	961	+	veterinary medicine .
956	962		1.The following personsindividuals may not be considered to be engaging in the practice
957	963		of veterinary medicine in this state:
958		-	1.a.ThoseAn individual who administer to ~~livestocktreats~~ animals, the title to ~~which~~
959		-	rests ~~inowned~~ by themselves, or in theirthe individual's regular employer, ~~except~~
960		-	Page No. 16 25.8033.~~04000~~
	964	+	1.a.ThoseAn individual who administer to livestock, treat treats animals , the title to
	965	+	which rests in owned by themselves, or in theirthe individual's regular employer,
	966	+	Page No. 16 25.8033.02003
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966	972		6
967	973		7
968	974		8
969	975		9
970	976		10
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972	978		12
973	979		13
974	980		14
975	981		15
976	982		16
977	983		17
978	984		18
979	985		19
980	986		20
981	987		21
982	988		22
983	989		23
984	990		24
985	991		25
986	992		26
987	993		27
988	994		28
989	995		29
990	996		30
991	997		31 Sixty-ninth
992	998		Legislative Assembly
993		-	when theif ownership of the animal was transferred or otherwise manipulated to
994		-	avoid the requirements of this chapter, or those who perform gratuitous services.
	999	+	except when theif ownership of the animal was transferred or otherwise
	1000	+	manipulated to avoid the requirements of this chapter, or those who perform
	1001	+	gratuitous services.
995	1002		2.b.AnyoneAn individual who conducts experiments in scientific research in the
996	1003		development of methods, techniques, or treatment, directly or indirectly
997	1004		applicable to the problems of medicine, and who in connection with these
998	1005		activities uses animals.
999	1006		3.c.Anyone who is a regularA student enrolled in an accredited or approved college
1000	1007		of veterinary medicine performing duties or actions assigned by an instructor or
1001	1008		working under the direct supervision of a licensed veterinarian during a school
1002	1009		vacation period.
1003	1010		4.d.Anyone licensed in another state or nation whenAn individual engaged in this
1004	1011		state in consultation with veterinarians legally practicing herein.
1005	1012		5.e.A senior student who is in an approved school of veterinary medicine and who
1006	1013		obtains from the board a student permit to practice in the office and under the
1007	1014		direct supervision of any veterinarian practicing within this state.
1008	1015		6.AnyAn employee of the United States or this state while in the performance of duties
1009	1016		as employeesan employee.
1010	1017		7.f.AnyA merchant or manufacturer selling nonprescription medicine, feed, an
1011	1018		appliance, or any other product usedfor use as labeled in the prevention or
1012	1019		treatment of animal diseases.
1013	1020		8.g.Any veterinary technician or otherAn employee of a licensed veterinarian
1014	1021		performing duties under the direction andor supervision of the veterinarian
1015	1022		responsible for the technician's or other employee's performance, except the
1016	1023		following duties:
1017	1024		(1)Performing surgery;
1018	1025		(2)Diagnosing;
1019	1026		(3)Prognosing; or
1020	1027		(4)Prescribing.
1021	1028		9.h.Any member of the faculty of an accredited college of veterinary medicine
1022	1029		performing regular functions or a personAn individual lecturing or giving
1023		-	instructions or demonstrations within the individual's area of professional
1024		-	Page No. 17 25.8033.04000
	1030	+	Page No. 17 25.8033.02003
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1050	1056		26
1051	1057		27
1052	1058		28
1053	1059		29
1054	1060		30
1055	1061		31 Sixty-ninth
1056	1062		Legislative Assembly
	1063	+	instructions or demonstrations within the individual's area of professional
1057	1064		expertise at an accredited college of veterinary medicine or in connection with a
1058	1065		continuing education course or seminar.
1059	1066		10.i.Any personAn individual selling or applying any pesticide, insecticide, or
1060	1067		herbicide.
1061	1068		11.j.AnyAn individual who is not a graduate of a foreignan approved college of
1062	1069		veterinary medicine who, and is in the process of obtaining a certificate and is
1063	1070		enrolled in an equivalency program of veterinary medicine as approved by the
1064	1071		board, performing duties or actions assigned by the graduate's instructorsan
1065	1072		instructor in an accreditedapproved college of veterinary medicine.
1066	1073		12.k.Any personAn individual performing a direct embryo transfer procedure on a
1067	1074		recipient cow. Except as provided in this subsection, a personan individual
1068	1075		performing a direct embryo transfer procedure on a recipient cow may not
1069	1076		administer prescription drugs to the cow during, or as part of, the procedure. The
1070	1077		owner of the recipient cow, however, may administer or cause the administration
1071	1078		of prescription drugs to the recipient cow during, or as part of, the procedure if a
1072	1079		veterinarian-client-patient relationship existsas prescribed by a veterinarian.
1073	1080		l.An individual who administers medication or treatment as prescribed by a
1074	1081		veterinarian.
1075	1082		m.An individual who performs gratuitous services for an animal in a life-threatening
1076	1083		situation.
1077		-	2.This section may not be construed to protect individuals from animal cruelty laws in
1078		-	this state.
1079		-	SECTION 15. A new section to chapter 43-29 of the North Dakota Century Code is created
1080		-	and enacted as follows:
1081		-	Exceptions to practice of veterinary technology.
1082		-	1.The following individuals may not be considered to be engaging in the practice of
1083		-	veterinary technology in this state:
1084		-	a.An individual who treats an animal owned by the individual or the individual's
1085		-	regular employer, except if ownership of the animal was transferred or otherwise
1086		-	manipulated to avoid the requirements of this chapter.
1087		-	Page No. 18 25.8033.04000
	1084	+	n. An individual who engages in any of these acts if the individual is not diagnosing,
	1085	+	prescribing, or treating a condition that has not been previously diagnosed by a
	1086	+	veterinarian who has referred the animal for treatment:
	1087	+	(1) Grooming;
	1088	+	(2) Training or conditioning;
	1089	+	(3) Horseshoeing or farrier work;
	1090	+	(4) Massage therapy or acupressure;
	1091	+	(5) Microchip implantation; or
	1092	+	(6) An accepted livestock management practice.
	1093	+	Page No. 18 25.8033.02003
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1095	1101		8
1096	1102		9
1097	1103		10
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1099	1105		12
1100	1106		13
1101	1107		14
1102	1108		15
1103	1109		16
1104	1110		17
1105	1111		18
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1107	1113		20
1108	1114		21
1109	1115		22
1110	1116		23
1111	1117		24
1112	1118		25
1113	1119		26
1114	1120		27
1115	1121		28
1116	1122		29
1117	1123		30 Sixty-ninth
1118	1124		Legislative Assembly
	1125	+	2.This section may not be construed to protect individuals from animal cruelty laws in
	1126	+	this state.
	1127	+	SECTION 15. A new section to chapter 43-29 of the North Dakota Century Code is created
	1128	+	and enacted as follows:
	1129	+	Exceptions to unlicensed practice of veterinary technology.
	1130	+	1.The following individuals may not be considered to be engaging in the practice of
	1131	+	veterinary technology in this state:
	1132	+	a.An individual who treats an animal owned by the individual or the individual's
	1133	+	regular employer, except when if ownership of the animal was transferred or
	1134	+	otherwise manipulated to avoid the requirements of this chapter.
1119	1135		b.An individual who conducts experiments in scientific research in the development
1120	1136		of methods, techniques, or treatment, directly or indirectly applicable to the
1121	1137		problems of medicine, and who in connection with these activities uses animals.
1122	1138		c.A student enrolled in an approved program of veterinary technology performing
1123	1139		duties or actions assigned by an instructor or working under the direct
1124	1140		supervision of a veterinarian.
1125	1141		d.An employee of the United States or this state while in the performance of duties
1126	1142		as employees.
1127	1143		e.An employee of a veterinarian performing duties under the direction or
1128	1144		supervision of the veterinarian responsible for the employee's performance.
1129	1145		f.An individual lecturing or giving instructions or demonstrations within the
1130	1146		individual's area of professional expertise in connection with a continuing
1131	1147		education course or seminar.
1132	1148		g.An individual who is not a graduate of an approved program of veterinary
1133	1149		technology, enrolled in an equivalency program of veterinary technology as
1134	1150		approved by the board, performing duties or actions assigned by an instructor in
1135	1151		an approved program of veterinary technology.
1136	1152		h.An individual who administers medication or treatment as prescribed by a
1137	1153		veterinarian.
1138	1154		i.An individual who performs gratuitous services for an animal in a life-threatening
1139	1155		situation.
1140		-	2.This section may not be construed to protect individuals from animal cruelty laws in
1141		-	this state.
1142		-	SECTION 16. AMENDMENT. Section 43-29-14 of the North Dakota Century Code is
1143		-	amended and reenacted as follows:
1144		-	43-29-14. Refusal, suspension, and revocation of license and certificate -
1145		-	Reinstatement and relicense.
1146		-	1.The state board of veterinary medical examiners may refuse to issue a license or
1147		-	certificate of registrationtemporary license, or may suspend or revoke a license and
1148		-	certificate of registrationor temporary license, upon any of the following grounds:
1149		-	Page No. 19 25.8033.04000
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1158		-	9
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1162		-	13
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1164		-	15
1165		-	16
1166		-	17
1167		-	18
1168		-	19
1169		-	20
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1176		-	27
1177		-	28
1178		-	29
1179		-	30 Sixty-ninth
1180		-	Legislative Assembly
1181		-	a.Fraud or deception in procuring the license, including conduct that violates the
1182		-	security or integrity of any licensing examination.
1183		-	b.The use of advertising or solicitation that is false, misleading, or otherwise
1184		-	determined unprofessional under rules adopted by the board.
1185		-	c.Habitual intemperance in the use of intoxicating liquors, or habitual addiction to
1186		-	the use of morphine, cocaine, or other habit-forming drugsThe determination that
1187		-	an individual is an impaired veterinarian as defined by section 43-29.01.1 or an
1188		-	impaired veterinary technician as defined by section 43-29-01.1.
1189		-	d.Immoral, unprofessional, or dishonorableUnprofessional conduct manifestly
1190		-	disqualifying the licensee from practicing veterinary medicineas defined by the
1191		-	rules adopted by the board, or violating the code of ethics adopted by the board
1192		-	by rule.
1193		-	e.Incompetence, gross negligence, or other malpractice in the practice of
1194		-	veterinary medicine or veterinary technology.
1195		-	f.Employment of unlicensed personsindividuals to perform work that under this
1196		-	chapter can lawfully be done only by personsindividuals licensed to practice
1197		-	veterinary medicine or veterinary technology.
1198		-	g.Fraud or dishonest conduct in applying or reporting diagnostic biological tests,
1199		-	inspecting foodstuffs, or in issuing health certificatesregulatory documents.
1200		-	h.Failure of the licensee to keep the premises and equipment used in the licensee's
1201		-	practice in a reasonably clean and sanitary condition and failure to use
1202		-	reasonably sanitary methods in the practice of veterinary medicine or veterinary
1203		-	technology.
1204		-	i.Violation of the rules adopted by the board.
1205		-	j.Conviction of an offense determined by the board to have a direct bearing upon a
1206		-	person'sthe ability of an individual to serve the public as a veterinarian or
1207		-	veterinary technician, or when the board determines, following conviction of any
1208		-	offense, that a personan individual is not sufficiently rehabilitated under section
1209		-	12.1-33-02.1.
1210		-	k.Willful or repeated violations of this chapter or any rule adopted by the board.
1211		-	Page No. 20 25.8033.04000
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1213		-	2
1214		-	3
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1216		-	5
1217		-	6
1218		-	7
1219		-	8
1220		-	9
1221		-	10
1222		-	11
1223		-	12
1224		-	13
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1226		-	15
1227		-	16
1228		-	17
1229		-	18
1230		-	19
1231		-	20
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1236		-	25
1237		-	26
1238		-	27
1239		-	28
1240		-	29
1241		-	30 Sixty-ninth
1242		-	Legislative Assembly
1243		-	l.Failure to report, as required by law, or making false report of, any contagious or
1244		-	infectious disease.
1245		-	m.Cruelty to animals as defined under chapter 36-21.2.
1246		-	n.Revocation of a license to practice veterinary medicine or veterinary technology
1247		-	by another statejurisdiction on grounds other than nonpayment of a
1248		-	registrationrenewal fee.
1249		-	o.The use, prescription, or dispensing of any veterinary prescription drug, or the
1250		-	prescription or extra-label use of any over-the-counter drug, in the absence of a
1251		-	valid veterinarian-client-patient relationship, except as provided by section
1252		-	43-29-19.
1253		-	2.Any personAn individual whose license has been revoked may apply to the board for
1254		-	reinstatement and relicensure one year after the date of revocation. The board may
1255		-	reissue a license if the board is satisfied the applicant is qualified to practice veterinary
1256		-	medicine or veterinary technology, meets the existing requirements for licensure, and
1257		-	will comply with the rules regarding the practice of veterinary medicine or veterinary
1258		-	technology.
1259		-	SECTION 17. AMENDMENT. Section 43-29-15 of the North Dakota Century Code is
1260		-	amended and reenacted as follows:
1261		-	43-29-15. Complaints - Investigations.
1262		-	1.Any personAn individual may file a written complaint with the board setting forth the
1263		-	specific charges upon which the complaint is made. Upon receiving a complaint, the
1264		-	board shall notify the veterinarian or veterinary technician of the complaint and request
1265		-	a written response from the veterinarian or veterinary technician. The board may adopt
1266		-	rules establishing a peer review committee for the purpose of investigating complaints
1267		-	and providing recommendations to the board. A veterinarian or veterinary technician
1268		-	who is the subject of an investigation by the board shall cooperate fully with the
1269		-	investigation. Cooperation includes responding fully and promptly to any reasonable
1270		-	question raised by or on behalf of the board relating to the subject of the investigation
1271		-	and providing copies of records when reasonably requested by the board. Failure to
1272		-	cooperate in the investigative process may be grounds for disciplinary action against
1273		-	the veterinarian or veterinary technician.
1274		-	Page No. 21 25.8033.04000
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1305	1187		31 Sixty-ninth
1306	1188		Legislative Assembly
1307		-	2.~~To pursue the investigation, the board~~ may ~~subpoena and examine witnesses and~~
1308		-	~~records, including medical records, copy, photograph, or take samples~~. ~~The board may~~
1309		-	~~require~~ the ~~veterinarian to give statements under oath, to submit to a physical or~~
1310		-	~~psychological examination,~~ ~~or both,~~ ~~by a physician or other qualified evaluation~~
1311		-	~~professional selected by the board if it appears to be in the best interest~~ of ~~the public~~
1312		-	~~that this evaluation be secured~~. ~~After review of the complaint, the veterinarian's~~
1313		-	~~response, and information obtained in~~ the ~~investigation, the~~ board ~~shall determine if~~
1314		-	~~there is~~ a ~~reasonable basis to believe the allegations are true~~ and ~~that the allegations~~
1315		-	~~constitute a violation~~ of ~~this chapter or the rules~~ of the ~~board. If the board determines~~
1316		-	~~there is a reasonable basis to believe~~ the ~~allegations are true and~~ the ~~allegations~~
1317		-	~~constitute a violation~~ of ~~this chapter or the rules of the board, the board shall take~~
1318		-	~~appropriate action.~~ ~~If a reasonable basis~~ is ~~not found by the board~~, ~~the board shall~~
1319		-	~~notify~~ the ~~complaining party and the veterinarian in writing:~~
1320		-	a.~~Subpoena and examine witnesses~~, ~~records, medical records,~~ ~~copy, photograph,~~
1321		-	or ~~take samples;~~
1322		-	~~b.Require the~~ veterinarian ~~or veterinary technician to give statements under oath;~~
1323		-	c.~~Require the veterinarian~~ or veterinary technician ~~to submit to a physical~~
1324		-	~~examination, chemical dependency evaluation, or psychological examination by a~~
1325		-	~~physician~~ or ~~other qualified evaluation professional selected by the board if there~~
1326		-	~~is reasonable cause to believe~~ the ~~veterinarian or~~ veterinary ~~technician is~~
1327		-	~~impaired as defined~~ by ~~43-29-01.1; and~~
1328		-	d.~~Require the veterinarian or veterinary technician to enroll in a treatment or~~
1329		-	~~monitoring program approved by~~ the ~~board if the board determines in good faith~~
1330		-	~~enrollment would be beneficial to the veterinarian~~ or veterinary ~~technician or to~~
1331		-	~~protect the public.~~
1332		-	~~3.After review of the complaint,~~ ~~the response from the veterinarian or veterinary~~
1333		-	~~technician, and information obtained in the investigation, the board shall determine if~~
1334		-	~~there is a reasonable basis to believe the allegations are true and if the allegations~~
1335		-	~~constitute a violation of this chapter~~ or ~~the rules of the board~~. ~~If the board determines~~
1336		-	~~there is a reasonable basis~~ to ~~believe~~ the ~~allegations are true~~ and the ~~allegations~~
1337		-	~~constitute~~ a ~~violation of this chapter or the rules of the board, the board shall take~~
1338		-	Page No. 22 25.8033.~~04000~~
	1189	+	2.This section may not be construed to protect individuals from animal cruelty laws in
	1190	+	this state.
	1191	+	SECTION 16. AMENDMENT. Section 43-29-14 of the North Dakota Century Code is
	1192	+	amended and reenacted as follows:
	1193	+	43-29-14. Refusal, suspension, and revocation of license and certificate -
	1194	+	Reinstatement and relicense.
	1195	+	1.The state board of veterinary medical examiners may refuse to issue a license or
	1196	+	certificate of registrationtemporary license, or may suspend or revoke a license and
	1197	+	certificate of registrationor temporary license, upon any of the following grounds:
	1198	+	a.Fraud or deception in procuring the license, including conduct that violates the
	1199	+	security or integrity of any licensing examination.
	1200	+	b.The use of advertising or solicitation that is false, misleading, or otherwise
	1201	+	determined unprofessional under rules adopted by the board.
	1202	+	c.Habitual intemperance in the use of intoxicating liquors, or habitual addiction to
	1203	+	the use of morphine, cocaine, or other habit-forming drugsAn The determination
	1204	+	tha t an individual is determined to be an impaired veterinarian as defined by
	1205	+	section 43-29.01.1 or an impaired veterinary technician as defined by section
	1206	+	43 - 29-01.1 .
	1207	+	d.Immoral, unprofessional, or dishonorableUnprofessional conduct manifestly
	1208	+	disqualifying the licensee from practicing veterinary medicineas defined by the
	1209	+	rules adopted by the board, or violating the code of ethics adopted by the board
	1210	+	by rule .
	1211	+	e.Incompetence, gross negligence, or other malpractice in the practice of
	1212	+	veterinary medicine or veterinary technology.
	1213	+	f.Employment of unlicensed personsindividuals to perform work that under this
	1214	+	chapter can lawfully be done only by personsindividuals licensed to practice
	1215	+	veterinary medicine or veterinary technology.
	1216	+	g.Fraud or dishonest conduct in applying or reporting diagnostic biological tests,
	1217	+	inspecting foodstuffs, or in issuing health certificatesregulatory documents.
	1218	+	h.Failure of the licensee to keep the premises and equipment used in the licensee's
	1219	+	practice in a reasonably clean and sanitary condition and failure to use
	1220	+	Page No. 20 25.8033.02003
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1369	1251		31 Sixty-ninth
1370	1252		Legislative Assembly
1371		-	~~appropriate action.~~ ~~If a reasonable basis is not found by~~ the ~~board, the board shall~~
1372		-	~~notify the complaining party and the veterinarian or veterinary technician in writing~~.
1373		-	4.~~Unless~~ the board ~~proceeds with a disciplinary action, the complaint, the response, and~~
1374		-	~~any records received~~ by the board ~~during an investigation of~~ a ~~complaint under this~~
1375		-	~~section are exempt records,~~ as ~~defined in section 44-04-17.1.~~
1376		-	~~5.A veterinarian or~~ veterinary technician ~~shall report in good faith~~ any ~~impaired~~
1377		-	~~veterinarian or impaired veterinary technician as defined by 43-29-01.1.~~
1378		-	6.~~The board may adopt rules as necessary to carry out this section~~.
1379		-	~~SECTION 18.~~ ~~A new section to~~ chapter ~~43-29 of~~ the ~~North Dakota Century Code is created~~
1380		-	~~and enacted~~ as ~~follows:~~
1381		-	~~Self-reporting and self-referral~~.
1382		-	1.~~A veterinarian or veterinary technician may voluntarily self-report or self-refer~~ to a
1383		-	~~treatment~~ or ~~monitoring program approved or contracted by the board to seek~~
1384		-	~~assistance for~~ a ~~potential or existing impairment due to a mental health or substance~~
1385		-	~~use disorder~~.
1386		-	2.~~A veterinarian~~ or veterinary ~~technician who under this section voluntarily seeks~~
1387		-	~~assistance from~~ a ~~treatment or monitoring program in assessing or treating a potential~~
1388		-	~~or existing impairment will not be reported to the board solely on the basis of self-~~
1389		-	~~reporting or self-referral~~.
1390		-	3.~~The identity of~~ the ~~veterinarian or veterinary technician and findings of the evaluation~~
1391		-	~~only may be reported to~~ the board ~~when:~~
1392		-	a.A ~~veterinarian or~~ veterinary ~~technician refuses to undergo an evaluation by the~~
1393		-	~~program;~~
1394		-	b.The ~~evaluation reveals evidence~~ of ~~an impairment that could affect the ability of~~
1395		-	~~the veterinarian or veterinary technician to practice, or constitutes a threat to the~~
1396		-	~~safety~~ of ~~a patient or~~ the ~~public; or~~
1397		-	~~c.The veterinarian or veterinary technician refuses to cooperate with a treatment~~
1398		-	~~plan, monitoring and followup, or aftercare directed by the program, including a~~
1399		-	~~recommendation about continuing practice.~~
1400		-	~~4.Participation in~~ the ~~program does not protect~~ a ~~veterinarian or veterinary technician~~
1401		-	~~from disciplinary action resulting from a~~ complaint.
1402		-	Page No. 23 25.8033.~~04000~~
	1253	+	reasonably sanitary methods in the practice of veterinary medicine or veterinary
	1254	+	technology .
	1255	+	i.Violation of the rules adopted by the board.
	1256	+	j.Conviction of an offense determined by the board to have a direct bearing upon a
	1257	+	person'sthe ability of an individual to serve the public as a veterinarian or
	1258	+	veterinary technician , or when the board determines, following conviction of any
	1259	+	offense, that a personan individual is not sufficiently rehabilitated under section
	1260	+	12.1-33-02.1.
	1261	+	k.Willful or repeated violations of this chapter or any rule adopted by the board.
	1262	+	l.Failure to report, as required by law, or making false report of, any contagious or
	1263	+	infectious disease.
	1264	+	m.Cruelty to animals as defined under chapter 36-21.2.
	1265	+	n.Revocation of a license to practice veterinary medicine or veterinary technology
	1266	+	by another statejurisdiction on grounds other than nonpayment of a
	1267	+	registrationrenewal fee.
	1268	+	o.The use, prescription, or dispensing of any veterinary prescription drug, or the
	1269	+	prescription or extra-label use of any over-the-counter drug, in the absence of a
	1270	+	valid veterinarian-client-patient relationship, except as provided by section
	1271	+	43-29-19.
	1272	+	2.Any personAn individual whose license has been revoked may apply to the board for
	1273	+	reinstatement and relicensure one year after the date of revocation. The board may
	1274	+	reissue a license if the board is satisfied the applicant is qualified to practice veterinary
	1275	+	medicine or veterinary technology, meets the existing requirements for licensure, and
	1276	+	will comply with the rules regarding the practice of veterinary medicine or veterinary
	1277	+	technology .
	1278	+	SECTION 17. AMENDMENT. Section 43-29-15 of the North Dakota Century Code is
	1279	+	amended and reenacted as follows:
	1280	+	43-29-15. Complaints - Investigations.
	1281	+	1.Any personAn individual may file a written complaint with the board setting forth the
	1282	+	specific charges upon which the complaint is made. Upon receiving a complaint, the
	1283	+	board shall notify the veterinarian or veterinary technician of the complaint and request
	1284	+	Page No. 21 25.8033.02003
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1433	1315		31 Sixty-ninth
1434	1316		Legislative Assembly
1435		-	5.A veterinarian or veterinary technician ~~who self-reports or self-refers to~~ the board ~~for a~~
1436		-	~~potential or existing impairment may be referred by~~ the ~~board to a treatment or~~
1437		-	~~monitoring program in a manner prescribed by~~ the board ~~by rule,~~ ~~and subsequent~~
1438		-	~~reporting~~ by the ~~program to~~ the ~~board is at the discretion of and in the manner~~
1439		-	~~prescribed by the board.~~
1440		-	~~6.A veterinarian~~ or ~~veterinary technician who has completed a treatment or monitoring~~
1441		-	~~program~~ and ~~is in full compliance with all parts~~ of the ~~treatment or monitoring plan and~~
1442		-	~~aftercare, may answer~~ in the ~~negative to a question on an application to the board~~ for
1443		-	~~licensure~~ or ~~licensure renewal regarding current impairment by the condition for which~~
1444		-	the ~~veterinarian or veterinary technician completed treatment. However~~, ~~any~~
1445		-	~~recurrence of~~ the ~~impairment or the existence of other potential impairments that are~~
1446		-	~~not currently known~~ to ~~the program must be reported on the application.~~
1447		-	~~7.Notwithstanding section 44-04-18~~, ~~except as otherwise provided in this chapter~~, ~~all~~
1448		-	~~records related~~ to ~~participation~~ in ~~a treatment or monitoring program established under~~
1449		-	this ~~section containing identifying information about a~~ veterinarian ~~or veterinary~~
1450		-	~~technician are confidential~~ and ~~only may be disclosed when:~~
1451		-	~~a.Disclosure~~ is ~~reasonably necessary for~~ the ~~accomplishment of~~ the ~~purposes of~~
1452		-	~~intervention, rehabilitation,~~ ~~referral assistance,~~ or ~~supportive services;~~
1453		-	~~b.Disclosure~~ is ~~required by law in~~ a ~~legal or administrative hearing or requested by~~
1454		-	the board ~~for a formal disciplinary action;~~
1455		-	c.~~Disclosure~~ is ~~necessary regarding a veterinarian's or veterinary technician's~~
1456		-	~~noncompliance with~~ the ~~program;~~
1457		-	d.~~A staff member is handling~~ records ~~for administrative purposes as provided under~~
1458		-	~~this section~~; ~~and~~
1459		-	e.~~A person is participating in treatment~~ or ~~program monitoring,~~ ~~evaluations, or~~
1460		-	~~followup~~.
1461		-	~~8.A person in attendance at any meeting of~~ a ~~treatment or monitoring program is not~~
1462		-	~~required to testify as to~~ the ~~content of any findings,~~ ~~committee discussions, or~~
1463		-	~~proceedings, unless requested by~~ the ~~board for a disciplinary proceeding~~ or ~~regarding~~
1464		-	~~noncompliance with the program~~.
1465		-	Page No. 24 25.8033.~~04000~~
	1317	+	a written response from the veterinarian or veterinary technician. The board may adopt
	1318	+	rules establishing a peer review committee for the purpose of investigating complaints
	1319	+	and providing recommendations to the board. A veterinarian or veterinary technician
	1320	+	who is the subject of an investigation by the board shall cooperate fully with the
	1321	+	investigation. Cooperation includes responding fully and promptly to any reasonable
	1322	+	question raised by or on behalf of the board relating to the subject of the investigation
	1323	+	and providing copies of records when reasonably requested by the board. Failure to
	1324	+	cooperate in the investigative process may be grounds for disciplinary action against
	1325	+	the veterinarian or veterinary technician.
	1326	+	2.To pursue the investigation, the board may subpoena and examine witnesses and
	1327	+	records, including medical records, copy, photograph, or take samples. The board may
	1328	+	require the veterinarian to give statements under oath, to submit to a physical or
	1329	+	psychological examination, or both, by a physician or other qualified evaluation
	1330	+	professional selected by the board if it appears to be in the best interest of the public
	1331	+	that this evaluation be secured. After review of the complaint, the veterinarian's
	1332	+	response, and information obtained in the investigation, the board shall determine if
	1333	+	there is a reasonable basis to believe the allegations are true and that the allegations
	1334	+	constitute a violation of this chapter or the rules of the board. If the board determines
	1335	+	there is a reasonable basis to believe the allegations are true and the allegations
	1336	+	constitute a violation of this chapter or the rules of the board, the board shall take
	1337	+	appropriate action. If a reasonable basis is not found by the board, the board shall
	1338	+	notify the complaining party and the veterinarian in writing:
	1339	+	a.Subpoena and examine witnesses, records, medical records, copy, photograph,
	1340	+	or take samples;
	1341	+	b.Require the veterinarian or veterinary technician to give statements under oath;
	1342	+	c.Require the veterinarian or veterinary technician to submit to a physical
	1343	+	examination, chemical dependency evaluation, or psychological examination by a
	1344	+	physician or other qualified evaluation professional selected by the board if there
	1345	+	is reasonable cause to believe the veterinarian or veterinary technician is
	1346	+	impaired as defined by 43-29-01.1; and
	1347	+	Page No. 22 25.8033.02003
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1495	1377		30 Sixty-ninth
1496	1378		Legislative Assembly
1497		-	SECTION 19. A new section to chapter 43-29 of the North Dakota Century Code is created
1498		-	and enacted as follows:
1499		-	Immunity from liability.
1500		-	The following individuals are immune from liability in any civil or criminal proceeding brought
1501		-	against the individual for any action occurring while the individual was acting in good faith within
1502		-	the scope of the individual's respective capacity:
1503		-	1.A member of the board;
1504		-	2.A member of a peer review committee;
1505		-	3.A witness testifying in a proceeding or hearing authorized under this chapter or
1506		-	administrative proceeding held under chapter 28 - 32;
1507		-	4.A treating professional;
1508		-	5.An individual who files a complaint pursuant to this Act; and
1509		-	6.An individual reporting an impaired veterinarian or impaired veterinary technician as
1510		-	defined by section 43-29-01.1.
1511		-	SECTION 20. AMENDMENT. Subsection 2 of section 43-29-16 of the North Dakota
1512		-	Century Code is amended and reenacted as follows:
1513		-	2.In any order or decision issued by the board in which disciplinary action is imposed
1514		-	against a licenseeveterinarian or veterinary technician, the board may direct the
1515		-	licenseeveterinarian or veterinary technician to pay the board a sum not to exceed the
1516		-	reasonable and actual costs, including attorney's fees, incurred by the board in the
1517		-	investigation and prosecution of the case. When applicable, the licensee's license may
1518		-	be suspended until the costs are paid to the board.
1519		-	SECTION 21. AMENDMENT. Section 43-29-16.1 of the North Dakota Century Code is
1520		-	amended and reenacted as follows:
1521		-	43-29-16.1. Abandonment of animals by ownerclient - Disposal of remains.
1522		-	1.Any animal placed in the custody of a licensed doctor of veterinary
1523		-	medicineveterinarian for treatment, boarding, or other care, which is abandoned by its
1524		-	owner or its owner's agentthe client for a period of more than ten days after a written
1525		-	notice, by registered or certified letter, return receipt requested, is givenmailed to the
1526		-	owner or its owner's agentclient at the last-known address, may be turned over to the
1527		-	Page No. 25 25.8033.04000
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1556		-	29
1557		-	30 Sixty-ninth
1558		-	Legislative Assembly
1559		-	custody of the nearest humane society or dog pound in the area or disposed of as
1560		-	such custodian may deem proper.
1561		-	2.The givingservice of notice to the owner, or the agent of the ownerclient, of such
1562		-	animal by the doctor of veterinary medicineveterinarian, as provided in subsection 1,
1563		-	shall relieve the doctor of veterinary medicineveterinarian and any custodian to whom
1564		-	such animal may be given of any further liability for disposal; it is further provided that
1565		-	such. Such procedure by the licensed doctor of veterinary medicineveterinarian does
1566		-	not constitute grounds for disciplinary procedure under this chapter.
1567		-	3.For the purpose of this section, the term "abandoned" means to forsake entirely or to
1568		-	neglect or refuse to provide or perform the care and support of an animal by its owner
1569		-	or its owner's agentthe client; such abandonment constitutes the relinquishment of all
1570		-	rights and claim by the owner of such animal.
1571		-	4.Any animal remains that are left in the possession of a veterinarian and have not been
1572		-	claimed by the client for a period of more than ten days after a written notice, by
1573		-	registered or certified letter, return receipt requested, is mailed to the client at the last-
1574		-	known address, may be disposed of by the veterinarian as deemed proper.
1575		-	SECTION 22. AMENDMENT. Section 43-29-17 of the North Dakota Century Code is
1576		-	amended and reenacted as follows:
1577		-	43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy.
1578		-	Any person who
1579		-	1.An individual is guilty of a class B misdemeanor if the individual:
1580		-	1.a.Practices veterinary medicine, surgery, or dentistry in this state without
1581		-	compliance with the provisions of this chapter;
1582		-	2.b.Willfully and falsely claims or pretends to have or hold a certificate of
1583		-	registrationlicense or temporary license issued by the state board of veterinary
1584		-	medical examiners; or
1585		-	3.c.Willfully and falsely, with intent to deceive the public, claims or pretends to be a
1586		-	graduate of, or to hold a degree or diploma showing the satisfactory completion
1587		-	of a course in veterinary science in a school, college, or university
1588		-	recognizedfrom a program of veterinary medicine approved by the board;
1589		-	is guilty of a class B misdemeanor.
1590		-	Page No. 26 25.8033.04000
	1379	+	d.Require the veterinarian or veterinary technician to enroll in a treatment or
	1380	+	monitoring program approved by the board if the board determines in good faith
	1381	+	enrollment would be beneficial to the veterinarian or veterinary technician or to
	1382	+	protect the public.
	1383	+	(1) Failure to satisfactorily undergo an examination or enroll in a treatment and
	1384	+	monitoring program must be reported to the board by the treating
	1385	+	professional.
	1386	+	(2) The veterinarian or veterinary technician shall consent to the approved
	1387	+	evaluation, examination, or the progress of the treatment or monitoring
	1388	+	program, at such intervals the board deems necessary.
	1389	+	(3) The treating professional may release examination information, or treatment
	1390	+	and monitoring program information, to the board so the board may
	1391	+	evaluate the results of the examination or the progress and effectiveness of
	1392	+	the treatment or monitoring program.
	1393	+	(4) Absent a release on file from the veterinarian or veterinary technician, all
	1394	+	records released to the board are confidential and are not public records.
	1395	+	(5) The veterinarian or veterinary technician must be responsible for all
	1396	+	expenses related to evaluation and treatment.
	1397	+	3.After review of the complaint, the response from the veterinarian or veterinary
	1398	+	technician, and information obtained in the investigation, the board shall determine if
	1399	+	there is a reasonable basis to believe the allegations are true and if the allegations
	1400	+	constitute a violation of this chapter or the rules of the board. If the board determines
	1401	+	there is a reasonable basis to believe the allegations are true and the allegations
	1402	+	constitute a violation of this chapter or the rules of the board, the board shall take
	1403	+	appropriate action. If a reasonable basis is not found by the board, the board shall
	1404	+	notify the complaining party and the veterinarian or veterinary technician in writing.
	1405	+	4.Unless the board proceeds with a disciplinary action, the complaint, the response, and
	1406	+	any records received by the board during an investigation of a complaint under this
	1407	+	section are exempt records, as defined in section 44-04-17.1.
	1408	+	5.A veterinarian or veterinary technician shall report in good faith any impaired
	1409	+	veterinarian or impaired veterinary technician as defined by 43-29-01.1 .
	1410	+	Page No. 23 25.8033.02003
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1621	1441		31 Sixty-ninth
1622	1442		Legislative Assembly
1623		-	2.In addition to the criminal penalty provided, the civil remedy of injunction is available to
1624		-	restrain and enjoin violations of any provisions of this chapter without proof of actual
1625		-	damages sustained by any personan individual, upon application and unanimous vote
1626		-	of all members of the state board of veterinary medical examiners.
1627		-	SECTION 23. A new section to chapter 43-29 of the North Dakota Century Code is created
	1443	+	6.The board may adopt rules as necessary to carry out this section.
	1444	+	SECTION 18. A new section to chapter 43-29 of the North Dakota Century Code is created
1628	1445		and enacted as follows:
1629		-	Unlawful practice of veterinary technology - Penalty - Civil remedy.
1630		-	1.An individual is guilty of a class B misdemeanor if the individual:
1631		-	a.Practices veterinary technology in this state without compliance with the
1632		-	provisions of this chapter;
1633		-	b.Willfully and falsely claims or pretends to have or hold a license issued by the
1634		-	board; or
1635		-	c.Willfully and falsely, with intent to deceive the public, claims or pretends to be a
1636		-	graduate of, or to hold a degree or diploma from, a program of veterinary
1637		-	technology approved by the board.
1638		-	2.In addition to the criminal penalty provided, the civil remedy of injunction is available to
1639		-	restrain and enjoin violations of any provisions of this chapter without proof of actual
1640		-	damages sustained by an individual, upon application and unanimous vote of all
1641		-	members of the board.
1642		-	SECTION 24. AMENDMENT. Subsection 2 of section 43-29-19 of the North Dakota
1643		-	Century Code is amended and reenacted as follows:
1644		-	2.Other than a controlled substance, a licensed veterinarian may dispense a veterinary
1645		-	prescription drug without establishing a veterinarian-client-patient relationship if:
1646		-	a.The drug is prescribed by a licensed veterinarian or by a veterinarian licensed in
1647		-	another jurisdictionforeign practitioner who has established a
1648		-	veterinarian-client-patient relationship;
1649		-	b.The prescribing veterinarian or foreign practitioner has an inadequate supply of
1650		-	the drug, failure to dispense the drug would interrupt a therapeutic regimen, or
1651		-	failure to dispense the drug would cause an animal to suffer; and
1652		-	c.The dispensing veterinarian verifies the prescription with the prescribing
1653		-	veterinarian or foreign practitioner.
1654		-	Page No. 27 25.8033.04000
	1446	+	Self-reporting and self-referral.
	1447	+	1.A veterinarian or veterinary technician may voluntarily self-report or self-refer to a
	1448	+	treatment or monitoring program approved or contracted by the board to seek
	1449	+	assistance for a potential or existing impairment due to a mental health or substance
	1450	+	use disorder.
	1451	+	2.A veterinarian or veterinary technician who under this section voluntarily seeks
	1452	+	assistance from a treatment or monitoring program in assessing or treating a potential
	1453	+	or existing impairment will not be reported to the board solely on the basis of self-
	1454	+	reporting or self-referral.
	1455	+	3.The identity of the veterinarian or veterinary technician and findings of the evaluation
	1456	+	only may be reported to the board when:
	1457	+	a.A veterinarian or veterinary technician refuses to undergo an evaluation by the
	1458	+	program;
	1459	+	b.The evaluation reveals evidence of an impairment that could affect the ability of
	1460	+	the veterinarian or veterinary technician to practice, or constitutes a threat to the
	1461	+	safety of a patient or the public; or
	1462	+	c.The veterinarian or veterinary technician refuses to cooperate with a treatment
	1463	+	plan, monitoring and followup, or aftercare directed by the program, including a
	1464	+	recommendation about continuing practice.
	1465	+	4.Participation in the program does not protect a veterinarian or veterinary technician
	1466	+	from disciplinary action resulting from a complaint.
	1467	+	5.A veterinarian or veterinary technician who self-reports or self-refers to the board for a
	1468	+	potential or existing impairment may be referred by the board to a treatment or
	1469	+	monitoring program in a manner prescribed by the board by rule, and subsequent
	1470	+	reporting by the program to the board is at the discretion of and in the manner
	1471	+	prescribed by the board.
	1472	+	6.A veterinarian or veterinary technician who has completed a treatment or monitoring
	1473	+	program and is in full compliance with all parts of the treatment or monitoring plan and
	1474	+	Page No. 24 25.8033.02003
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1685	1505		31 Sixty-ninth
1686	1506		Legislative Assembly
1687		-	d.The dispensing veterinarian is not presumptively aware of any disciplinary action
1688		-	against the prescribing veterinarian or foreign practitioner.
1689		-	SECTION 25. A new section to chapter 43-29 of the North Dakota Century Code is created
	1507	+	aftercare, may answer in the negative to a question on an application to the board for
	1508	+	licensure or licensure renewal regarding current impairment by the condition for which
	1509	+	the veterinarian or veterinary technician completed treatment. However, any
	1510	+	recurrence of the impairment or the existence of other potential impairments that are
	1511	+	not currently known to the program must be reported on the application.
	1512	+	7.Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all
	1513	+	records related to participation in a treatment or monitoring program established under
	1514	+	this section containing identifying information about a veterinarian or veterinary
	1515	+	technician are confidential and only may be disclosed when:
	1516	+	a.Disclosure is reasonably necessary for the accomplishment of the purposes of
	1517	+	intervention, rehabilitation, referral assistance, or supportive services;
	1518	+	b.Disclosure is required by law in a legal or administrative hearing or requested by
	1519	+	the board for a formal disciplinary action;
	1520	+	c.Disclosure is necessary regarding a veterinarian's or veterinary technician's
	1521	+	noncompliance with the program;
	1522	+	d.A staff member is handling records for administrative purposes as provided under
	1523	+	this section; and
	1524	+	e.A person is participating in treatment or program monitoring, evaluations, or
	1525	+	followup.
	1526	+	8.A person in attendance at any meeting of a treatment or monitoring program is not
	1527	+	required to testify as to the content of any findings, committee discussions, or
	1528	+	proceedings, unless requested by the board for a disciplinary proceeding or regarding
	1529	+	noncompliance with the program.
	1530	+	SECTION 19. A new section to chapter 43-29 of the North Dakota Century Code is created
1690	1531		and enacted as follows:
1691		-	Veterinary telemedicine - Teleadvice and teletriage.
1692		-	1.A veterinarian shall establish a veterinarian-client-patient relationship by virtue of a
1693		-	medically appropriate and timely in-person examination of a patient by the
1694		-	veterinarian, or by a timely in-person visit to the premises where the patient is
1695		-	managed or resides before the provision of veterinary telemedicine services.
1696		-	2.The provision of teleadvice or teletriage by a veterinarian does not require the prior
1697		-	establishment of a veterinarian-client-patient relationship.
1698		-	3.A veterinary technician may perform teleadvice and teletriage without instructions from
1699		-	a veterinarian.
1700		-	4.The board may adopt rules as necessary to carry out this section.
1701		-	SECTION 26. A new section to chapter 43-29 of the North Dakota Century Code is created
1702		-	and enacted as follows:
1703		-	Source of data.
1704		-	The board shall be authorized to rely upon the expertise of and verified data gathered and
1705		-	stored by not for profit organizations that share in the public protection mission of the board
1706		-	including the American association of veterinary state boards to make determinations under this
1707		-	chapter and to promote uniformity and administrative efficiencies.
1708		-	SECTION 27. A new section to chapter 43-29 of the North Dakota Century Code is created
1709		-	and enacted as follows:
1710		-	Location of the practice of veterinary medicine.
1711		-	The provision of veterinary services to a patient in this state which fall within the standard of
1712		-	practice of veterinary medicine regardless of the means by which the services are provided or
1713		-	the physical location of the person providing those services, constitutes the practice of
1714		-	veterinary medicine in this state and is subject to regulation by the board.
1715		-	SECTION 28. A new section to chapter 43-29 of the North Dakota Century Code is created
1716		-	and enacted as follows:
1717		-	Page No. 28 25.8033.04000
	1532	+	Immunity from liability.
	1533	+	The following individuals must be are immune from liability in any civil or criminal proceeding
	1534	+	brought against the individual for any action occurring while the individual was acting in good
	1535	+	faith within the scope of the individual's respective capacity:
	1536	+	1.A member of the board;
	1537	+	2.A member of a peer review committee;
	1538	+	Page No. 25 25.8033.02003
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	1570	+	Legislative Assembly
	1571	+	3.A witness testifying in a proceeding or hearing authorized under this chapter or
	1572	+	administrative proceeding held under chapter 28 - 32;
	1573	+	4.A treating professional;
	1574	+	5.An individual who files a complaint pursuant to this Act; and
	1575	+	6.An individual reporting an impaired veterinarian or impaired veterinary technician as
	1576	+	defined by section 43-29-01.1.
	1577	+	SECTION 20. AMENDMENT. Subsection 2 of section 43-29-16 of the North Dakota
	1578	+	Century Code is amended and reenacted as follows:
	1579	+	2.In any order or decision issued by the board in which disciplinary action is imposed
	1580	+	against a licenseeveterinarian or veterinary technician, the board may direct the
	1581	+	licenseeveterinarian or veterinary technician to pay the board a sum not to exceed the
	1582	+	reasonable and actual costs, including attorney's fees, incurred by the board in the
	1583	+	investigation and prosecution of the case. When applicable, the licensee's license may
	1584	+	be suspended until the costs are paid to the board.
	1585	+	SECTION 21. AMENDMENT. Section 43-29-16.1 of the North Dakota Century Code is
	1586	+	amended and reenacted as follows:
	1587	+	43-29-16.1. Abandonment of animals by ownerclient - Disposal of remains.
	1588	+	1.Any animal placed in the custody of a licensed doctor of veterinary
	1589	+	medicineveterinarian for treatment, boarding, or other care, which is abandoned by its
	1590	+	owner or its owner's agentthe client for a period of more than ten days after a written
	1591	+	notice, by registered or certified letter, return receipt requested, is givenmailed to the
	1592	+	owner or its owner's agentclient at the last-known address, may be turned over to the
	1593	+	custody of the nearest humane society or dog pound in the area or disposed of as
	1594	+	such custodian may deem proper.
	1595	+	2.The givingservice of notice to the owner, or the agent of the ownerclient, of such
	1596	+	animal by the doctor of veterinary medicineveterinarian, as provided in subsection 1,
	1597	+	shall relieve the doctor of veterinary medicineveterinarian and any custodian to whom
	1598	+	such animal may be given of any further liability for disposal; it is further provided that
	1599	+	such. Such procedure by the licensed doctor of veterinary medicineveterinarian does
	1600	+	not constitute grounds for disciplinary procedure under this chapter.
	1601	+	Page No. 26 25.8033.02003
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1747	1631		30 Sixty-ninth
1748	1632		Legislative Assembly
1749		-	Indirect practice without a license for foreign practitioners.
1750		-	A foreign practitioner may provide veterinary services in this state which fall within the
1751		-	scope of practice designated by the foreign practitioner's license and by this chapter without
1752		-	obtaining a license from the board if the services are provided through telehealth and are a
1753		-	continuation of an existing veterinarian-client-patient relationship as established under this
1754		-	chapter.
1755		-	SECTION 29. A new section to chapter 43-29 of the North Dakota Century Code is created
	1633	+	3.For the purpose of this section, the term "abandoned" means to forsake entirely or to
	1634	+	neglect or refuse to provide or perform the care and support of an animal by its owner
	1635	+	or its owner's agentthe client; such abandonment constitutes the relinquishment of all
	1636	+	rights and claim by the owner of such animal.
	1637	+	4.Any animal remains that are left in the possession of a veterinarian and have not been
	1638	+	claimed by the client for a period of more than ten days after a written notice, by
	1639	+	registered or certified letter, return receipt requested, is mailed to the client at the last-
	1640	+	known address, may be disposed of by the veterinarian as deemed proper.
	1641	+	SECTION 22. AMENDMENT. Section 43-29-17 of the North Dakota Century Code is
	1642	+	amended and reenacted as follows:
	1643	+	43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy.
	1644	+	Any person who
	1645	+	1.An individual is guilty of a class B misdemeanor if the individual:
	1646	+	1.a.Practices veterinary medicine, surgery, or dentistry in this state without
	1647	+	compliance with the provisions of this chapter;
	1648	+	2.b.Willfully and falsely claims or pretends to have or hold a certificate of
	1649	+	registrationlicense or temporary license issued by the state board of veterinary
	1650	+	medical examiners; or
	1651	+	3.c.Willfully and falsely, with intent to deceive the public, claims or pretends to be a
	1652	+	graduate of, or to hold a degree or diploma showing the satisfactory completion
	1653	+	of a course in veterinary science in a school, college, or university
	1654	+	recognizedfrom a program of veterinary medicine approved by the board;
	1655	+	is guilty of a class B misdemeanor.
	1656	+	2.In addition to the criminal penalty provided, the civil remedy of injunction is available to
	1657	+	restrain and enjoin violations of any provisions of this chapter without proof of actual
	1658	+	damages sustained by any personan individual, upon application and unanimous vote
	1659	+	of all members of the state board of veterinary medical examiners.
	1660	+	SECTION 23. A new section to chapter 43-29 of the North Dakota Century Code is created
1756	1661		and enacted as follows:
1757		-	Recognized animal services - Exceptions.
1758		-	1.The provision of a recognized animal service does not constitute the practice of
1759		-	veterinary medicine if provided by an individual who is not a veterinarian or veterinary
1760		-	technician and not otherwise excepted from the practice of veterinary medicine under
1761		-	section 43 - 29 - 13.
1762		-	2.For purposes of this section, "recognized animal service" means:
1763		-	a.Grooming;
1764		-	b.Training or conditioning;
1765		-	c.Horseshoeing or farrier work;
1766		-	d.Massage therapy or acupressure;
1767		-	e.Microchip implantation; and
1768		-	f.An accepted livestock management practice.
1769		-	3.This section does not permit an individual who is not a veterinarian to diagnose,
1770		-	prescribe, or perform surgical procedures, other than surgical procedures considered
1771		-	to be an accepted livestock management practice.
1772		-	4.The exceptions provided under this section do not extend to any other animal
1773		-	services.
1774		-	SECTION 30. REPEAL. Sections 43-29-09, 43-29-10, 43-29-11, and 43-29-12.1 of the
1775		-	North Dakota Century Code are repealed.
1776		-	Page No. 29 25.8033.04000
	1662	+	Unlawful practice of veterinary technology - Penalty - Civil remedy.
	1663	+	1.An individual is guilty of a class B misdemeanor if the individual:
	1664	+	Page No. 27 25.8033.02003
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	1692	+	28
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	1695	+	31 Sixty-ninth
	1696	+	Legislative Assembly
	1697	+	a.Practices veterinary technology in this state without compliance with the
	1698	+	provisions of this chapter;
	1699	+	b.Willfully and falsely claims or pretends to have or hold a license issued by the
	1700	+	board; or
	1701	+	c.Willfully and falsely, with intent to deceive the public, claims or pretends to be a
	1702	+	graduate of, or to hold a degree or diploma from, a program of veterinary
	1703	+	technology approved by the board.
	1704	+	2.In addition to the criminal penalty provided, the civil remedy of injunction is available to
	1705	+	restrain and enjoin violations of any provisions of this chapter without proof of actual
	1706	+	damages sustained by an individual, upon application and unanimous vote of all
	1707	+	members of the board.
	1708	+	SECTION 24. AMENDMENT. Subsection 2 of section 43-29-19 of the North Dakota
	1709	+	Century Code is amended and reenacted as follows:
	1710	+	2.Other than a controlled substance, a licensed veterinarian may dispense a veterinary
	1711	+	prescription drug without establishing a veterinarian-client-patient relationship if:
	1712	+	a.The drug is prescribed by a licensed veterinarian or by a veterinarian licensed in
	1713	+	another jurisdictionforeign practitioner who has established a
	1714	+	veterinarian-client-patient relationship;
	1715	+	b.The prescribing veterinarian or foreign practitioner has an inadequate supply of
	1716	+	the drug, failure to dispense the drug would interrupt a therapeutic regimen, or
	1717	+	failure to dispense the drug would cause an animal to suffer; and
	1718	+	c.The dispensing veterinarian verifies the prescription with the prescribing
	1719	+	veterinarian or foreign practitioner.
	1720	+	d.The dispensing veterinarian is not presumptively aware of any disciplinary action
	1721	+	against the prescribing veterinarian or foreign practitioner.
	1722	+	SECTION 25. A new section to chapter 43-29 of the North Dakota Century Code is created
	1723	+	and enacted as follows:
	1724	+	Veterinary telemedicine - Teleadvice and teletriage.
	1725	+	1.A veterinarian shall establish a veterinarian-client-patient relationship by virtue of a
	1726	+	medically appropriate and timely in-person examination of a patient by the
	1727	+	Page No. 28 25.8033.02003
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	1757	+	30 Sixty-ninth
	1758	+	Legislative Assembly
	1759	+	veterinarian, or by a timely in-person visit to the premises where the patient is
	1760	+	managed or resides before the provision of veterinary telemedicine services.
	1761	+	a. The veterinarian has established a veterinarian-client-patient relationship before
	1762	+	the provision of veterinary telemedicine services;
	1763	+	b. The veterinarian employs sound professional judgement to determine whether
	1764	+	the use of veterinary telemedicine is medically appropriate;
	1765	+	c. The veterinarian obtains appropriate consent from the client;
	1766	+	d. The veterinarian conducts all necessary patient evaluations consistent with
	1767	+	currently acceptable standards of care;
	1768	+	e. The veterinarian maintains patient records according to rules promulgated by the
	1769	+	board; and
	1770	+	f. The veterinarian ensures the client is aware of the veterinarian's identity, location,
	1771	+	license number, and licensure status.
	1772	+	2.The provision of teleadvice or teletriage by a veterinarian does not require the prior
	1773	+	establishment of a veterinarian-client-patient relationship.
	1774	+	3.A veterinary technician may perform teleadvice and teletriage without instructions from
	1775	+	a veterinarian.
	1776	+	4.The board may adopt rules as necessary to carry out this section.
	1777	+	SECTION 26. A new section to chapter 43-29 of the North Dakota Century Code is created
	1778	+	and enacted as follows:
	1779	+	Source of data.
	1780	+	The board shall be authorized to rely upon the expertise of and verified data gathered and
	1781	+	stored by not for profit organizations that share in the public protection mission of the board
	1782	+	including the American association of veterinary state boards to make determinations under this
	1783	+	chapter and to promote uniformity and administrative efficiencies.
	1784	+	SECTION 27. A new section to chapter 43-29 of the North Dakota Century Code is created
	1785	+	and enacted as follows:
	1786	+	Location of the practice of veterinary medicine.
	1787	+	The provision of veterinary services to a patient in this state which fall within the standard of
	1788	+	practice of veterinary medicine regardless of the means by which the services are provided or
	1789	+	Page No. 29 25.8033.02003
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	1819	+	30 Sixty-ninth
	1820	+	Legislative Assembly
	1821	+	the physical location of the person providing those services, constitutes the practice of
	1822	+	veterinary medicine in this state and is subject to regulation by the board.
	1823	+	SECTION 28. A new section to chapter 43-29 of the North Dakota Century Code is created
	1824	+	and enacted as follows:
	1825	+	Indirect practice without a license for foreign practitioners.
	1826	+	A foreign practitioner may provide veterinary services in this state which fall within the
	1827	+	scope of practice designated by the foreign practitioner's license and by this chapter without
	1828	+	obtaining a license from the board if the services are provided through telehealth and are a
	1829	+	continuation of a previously established an existing veterinarian-client-patient relationship as
	1830	+	defined established under this chapter.
	1831	+	SECTION 29. A new section to chapter 43-29 of the North Dakota Century Code is created
	1832	+	and enacted as follows:
	1833	+	Specialized or holistic animal trade - Exceptions.
	1834	+	1. This chapter does not apply to an individual who engages in the practice of a
	1835	+	specialized or holistic trade on an animal, requiring manual skills and special training.
	1836	+	2. An individual practicing under the exception of this section:
	1837	+	a. Shall disclose the individual is not a licensed veterinarian or veterinary technician
	1838	+	to the client; and
	1839	+	b. May not:
	1840	+	(1) Provide a diagnosis or prognosis;
	1841	+	(2) Prescribe a medication; or
	1842	+	(3) Perform a surgical treatment.
	1843	+	3. For the purposes of this section, "specialized or holistic trade" includes:
	1844	+	a. An accepted livestock management practice;
	1845	+	b. Acupuncture or accupressure;
	1846	+	c. Grooming;
	1847	+	d. Horseshoeing or farrier work;
	1848	+	e. Massage therapy;
	1849	+	f. Microchip implantation;
	1850	+	g. Nonveterinarian dentistry; and
	1851	+	h. Training or conditioning.
	1852	+	Page No. 30 25.8033.02003
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	1883	+	31 Sixty-ninth
	1884	+	Legislative Assembly
	1885	+	SECTION 30. REPEAL. Sections 43-29-09, 43-29-10, 43-29-11, and 43-29-12.1 of the
	1886	+	North Dakota Century Code are repealed.
	1887	+	Page No. 31 25.8033.02003
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