2005 Idaho Code - 54-2103 — DEFINITIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 21
                                VETERINARIANS
    54-2103.  DEFINITIONS. As used in this chapter:
    (1)  "Accredited continuing education activity" means a provider and
course, seminar, scientific program or any other activity approved by the
board or its designees for continuing education credit.
    (2)  "Accredited or approved school of veterinary medicine" means any
veterinary college or division of a university or college inside or outside
the United States or Canada that offers the degree of doctor of veterinary
medicine, veterinary medicine doctor, or its equivalent and is accredited or
approved by the council on education of the American veterinary medical
association or other accrediting agency or association approved by the board.
    (3)  "Allied health professional" means a person holding a current active
license, in good standing, in any state to practice one (1) of the healing
arts including, but not limited to medicine, dentistry, osteopathy,
chiropractic, acupuncture and podiatry.
    (4)  "Anesthetized" means any condition of general anesthesia, caused by
the administration of a drug or combination of drugs in sufficient quantity to
produce a state of unconsciousness or disassociation and blocked response to a
given pain or alarm stimulus. At a minimum, each anesthetized patient shall be
monitored and under continuous observation until the patient is awake and in
sternal recumbency.
    (5)  "Animal" means any animal other than man and includes fowl, birds,
fish and reptiles, wild or domestic, living or dead.
    (6)  "Assistant" means any individual who is employed by an actively
licensed veterinarian to perform acts pertaining to the practice of veterinary
medicine and receives compensation for such acts from the employing
veterinarian but is not a certified veterinary technician or licensed
veterinarian.
    (7)  "Board" means the state board of veterinary medicine.
    (8)  "Certified euthanasia agency" or "CEA" means a law enforcement
agency, an animal control agency or a society for the prevention of cruelty to
animals, which has been inspected and certified by the euthanasia task force
or the board.
    (9)  "Certified euthanasia technician" or "CET" means:
    (a)  A person employed by a certified euthanasia agency or working under
    the indirect supervision of a licensed veterinarian, but not to include an
    individual employed as a technician by animal research laboratories, who
    is instructed and certified by the euthanasia task force or the board as
    defined in the rules of the board.
    (b)  Any person who is trained prior to December 31, 1992, in euthanasia
    methods,  in a course approved by the board, may be certified upon
    presentation of evidence of such training to either the euthanasia task
    force or the board.
    (10) "Certified veterinary technician" means a person who has fulfilled
the certification requirements prescribed by board rule and has been certified
by the board to practice veterinary technology in this state.
    (11) "Consultation" means a deliberation between two (2) or more
veterinarians concerning the diagnosis of a disease or the proper management
of the case.
    (12) "Credit hour" means fifty (50) minutes of participation in an
accredited continuing education activity.
    (13) "Dentistry" is the practice of veterinary medicine and means the
application or use of any instrument or device to any portion of an animal's
tooth, gum or any related tissue for the prevention, cure or relief of any
wound, fracture, injury, disease or other condition of an animal's tooth, gum
or related tissue. Dentistry includes, but is not limited to:
    (a)  "Preventive dental procedures" including, but not limited to, the
    removal of calculus, soft deposits, plaque, stains, and floating to shape
    the teeth above the gum line or the smoothing, filing or polishing of
    tooth surfaces above the gum line; and
    (b)  "Operative dentistry/oral surgery" or any other dental procedure that
    invades the hard or soft oral tissue including a procedure that alters the
    structure of one (1) or more teeth, or repairs damaged and diseased teeth,
    or the deliberate extraction of one (1) or more teeth.
    (14) "Direct supervision" means the supervisor is on the premises where
the animal is being treated, is quickly and easily available and the animal
has been examined by the supervising veterinarian as acceptable veterinary
medical practice requires.
    (15) "Discipline" means board action including, but not limited to:
    (a)  Refusing to issue, renew or reinstate a license, permit or
    certification to practice as a licensed veterinarian, a certified
    veterinary technician, a certified euthanasia agency or a certified
    euthanasia technician;
    (b)  Denial, revocation, suspension, sanction, probation or voluntary
    surrender of a license, permit or certification to practice as a licensed
    veterinarian, a certified veterinary technician, a certified euthanasia
    agency or a certified euthanasia technician;
    (c)  The ability to enter into consent agreements and negotiated
    settlements with licensed veterinarians, certified veterinary technicians,
    certified euthanasia agencies and certified euthanasia technicians;
    (d)  The ability to bring an administrative or civil action against any
    person in or outside of this state who practices veterinary medicine,
    veterinary technology or who performs euthanasia within this state.
    (16) "Emergency" means that the animal has been placed in a
life-threatening condition where immediate treatment is necessary to sustain
life.
    (17) "Emergency veterinary facility" means any facility with the primary
function of receiving, treating, and monitoring emergency patients during its
specified hours of operation or that displays to the public any sign, card, or
advertisement that indicates it is an emergency veterinary clinic or hospital.
An emergency veterinary facility may be an independent after-hours service, an
independent twenty-four (24) hour service, or it may be part of a full-service
veterinary medical facility.
    (18) "Euthanasia task force" means a task force established by the board
for the purposes of training, examining, certifying and inspecting certified
euthanasia agencies and certified euthanasia technicians.
    (19) "Extra label use" means the actual or intended use of a human or
veterinary drug in an animal in a manner that is not in accordance with the
drug's labeling.
    (20) "Floating" means shaping the posterior (cheek) teeth and the incisors
(cutting teeth) in horses, mules and donkeys through the use of hand floats,
rasps, burs, mechanical files or other file-like instruments to restore
balance, allow more efficient mastication, and reduce pain and trauma to the
periodontal tissues.
    (21) "Herd, litter or flock" of animals means animals managed as a group
for purposes including, but not limited to, breeding, sale, show or food
production.
    (22) "Immediate supervision" means the supervisor is in the immediate
area, in audible and visual range of the animal patient and the person
treating the patient and the animal has been examined by the supervising
veterinarian as acceptable veterinary medical practice requires.
    (23) "In good standing" means that an applicant:
    (a)  Has not been the recipient of any administrative penalties regarding
    his practice of veterinary medicine including, but not limited to, fines,
    formal reprimands, license suspensions or revocations (except for license
    revocations for nonpayment of license renewal fees) or probationary
    limitations, or has not entered into any consent agreement or negotiated
    settlement that contains conditions placed by a board on his professional
    conduct and practice, including any voluntary surrender of a license; and
    (b)  Has never had his United States drug enforcement administration
    privileges restricted or revoked; and
    (c)  Is not currently under investigation by another veterinary licensing
    authority for acts which would provide a basis for disciplinary action in
    this state, as determined by the board; and
    (d)  Has no physical or mental impairment related to drugs, alcohol, or a
    finding of mental incompetence by a physician that would limit the
    applicant's ability to undertake the practice of veterinary medicine in a
    manner consistent with the safety of a patient or the public; and
    (e)  Has not been convicted of a felony as defined in chapter 1, title 18,
    Idaho Code; and
    (f)  Has no criminal conviction record or pending criminal charge relating
    to an offense the circumstances of which substantially relate to the
    practice of veterinary medicine. Applicants who have criminal conviction
    records or pending criminal charges shall require appropriate authorities
    to provide information about the record or charge directly to the board in
    sufficient detail to enable the board to make a determination whether the
    record or charge is substantially related to the practice of veterinary
    medicine.
    (24) "Indirect supervision" means the supervisor is not on the premises
but is available for immediate contact by telephone, radio or other means, has
given either written or oral instructions for treatment of the animal patient,
the animal has been examined by the supervising veterinarian as acceptable
veterinary medical practice requires, and the animal, if previously
anesthetized, has recovered to the point of being conscious and sternal.
    (25) "Legend/Prescription drug" means any drug which, under federal law,
regulation or rule, is required, prior to being distributed or delivered, to
be labeled with one (1) of the following statements: "Caution: Federal law
restricts this drug to be used  by or on the order of a licensed
veterinarian," or "Caution: Federal law prohibits dispensing without a
prescription," or "RX Only," or a drug which is required by any applicable
state or federal law, rule or regulation to be distributed or dispensed
pursuant to a prescription only, or is restricted to use by licensed
practitioners only.
    (26) "Licensed veterinarian" means a person who is validly and currently
licensed to practice veterinary medicine in this state.
    (27) "Malpractice" means, but is not limited to:
    (a)  Treatment in a manner contrary to accepted veterinary practices and
    with injurious results; or
    (b)  Any professional misconduct or unreasonable lack of professional
    skill or fidelity in the performance of the professional practice of
    veterinary medicine; or
    (c)  Failure to provide adequate supervision, except in an emergency
    situation; or
    (d)  Allowing an unqualified individual to perform a procedure that is
    part of the practice of veterinary medicine; or
    (e)  The negligent practice of veterinary medicine, as determined by the
    standard of practice for the area, that results in injury, unnecessary
    suffering or death.
    (28) "Medical incompetence" means lacking in sufficient medical knowledge
or skills or both to a degree likely to endanger the health of patients.
    (29) "Mobile clinic" means a vehicle including, but not limited to, a
camper, motor home, trailer or mobile home, used as a veterinary medical
facility. A mobile clinic is not required for house calls or farm calls.
    (30) "On-call emergency service" means a veterinary medical facility that
is available to provide emergency veterinary services as requested if a
veterinarian is available.
    (31) "Owner/Ownership" means ownership as defined by the laws of property
and ownership, chapter 1, title 55,  Idaho Code, and chapter 1, title 73,
Idaho Code.
    (32) "Person" means any individual, firm, partnership, association, joint
venture, cooperative and corporation, or any other group or combination acting
in concert; and whether or not acting as principal, trustee, fiduciary,
receiver, or as any other kind of legal or personal representative, or as the
successor in interest, assignee, agent, factor, servant, employee, director,
officer, or any other representative of such person.
    (33) "Physical or mental incompetence" means the veterinarian's ability to
practice veterinary medicine with reasonable skill and safety is impaired by
reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or
any other substance, or as a result of any mental or physical disability.
    (34) "Practice of veterinary medicine" in this state, through telephonic,
electronic or other means, regardless of the location of the veterinarian,
includes veterinary surgery, obstetrics, dentistry, and all other branches or
specialties of veterinary medicine and means:
    (a)  To directly or indirectly diagnose, treat, correct, change, relieve
    or prevent animal disease, deformity, defect, injury or other physical or
    mental conditions; including the prescription or administration of any
    drug, medicine, biologic, apparatus application, anesthetic or other
    therapeutic or diagnostic substance or technique, or the use of any
    obstetrical procedure or any manual or mechanical procedure for artificial
    insemination, for testing or examining for pregnancy, fertility
    evaluation, embryo transplant, grading of fresh semen, or to render advice
    or recommendation with regard to any of the above.
    (b)  To represent, directly or indirectly, publicly or privately, an
    ability and willingness to do any act described in subsection (34)(a) of
    this section.
    (c)  To use any title, words, abbreviations or letter in a manner or under
    circumstances which induce the belief that the person using them is
    qualified to do any act described in subsection (34)(a) of this section,
    except where such person is a licensed veterinarian.
    (35) "Professional supervision" means the supervisor is in daily contact
by telephone, radio or other means with the temporary licensee.
    (36) "Referral" means the transfer of responsibility for diagnosis and
treatment from the referring veterinarian to the receiving veterinarian, or
from the referring veterinarian to the board-certified specialist, or from the
referring veterinarian to an allied health professional.
    (37) "Regular employee" means a person who performs services for the
animal's owner other than, or in addition to, feeding, boarding, castrating
and dehorning, but does not include independent contractors or agents.
    (38) "Supervision" means the action or process of directing activities or
a course of action, and pertains to any and all employees of the veterinarian.
    (39) "Supervisor" means an actively licensed veterinarian employing and
utilizing the services of a temporary licensee, certified veterinary
technician, veterinary technician, veterinary technician with a temporary
certification, veterinary assistant, certified euthanasia technician, or as
provided by rule. A supervisor shall be individually responsible and liable,
regardless of the supervision provided, for all damages arising out of his own
acts or omissions or for the performance of any acts and omissions pertaining
to the practice of veterinary medicine that are delegated to the temporary
licensee, certified veterinary technician, veterinary technician, veterinary
assistant or certified euthanasia technician. Nothing herein shall be
construed to deprive the board of its disciplinary authority with respect to
the temporary licensees, certified veterinary technicians, veterinary
technicians, veterinary assistants or certified euthanasia technicians.
    (40) "Unethical or unprofessional conduct" means to knowingly engage in
conduct of a character likely to deceive or defraud the public, false or
misleading advertising or solicitation, obtaining any fee or compensation by
fraud or misrepresentation, sharing office space and working in conjunction
with any person illegally practicing veterinary medicine, employing either
indirectly or directly an unlicensed or uncertified person to perform acts
pertaining to the practice of veterinary medicine, except as provided by law
or rule, or the violation of any law or rules adopted by the board pertaining
to unethical or unprofessional conduct, or that provide a code of professional
conduct to be followed and carried out by persons licensed or certified by the
board.
    (41) "Unlicensed practice" means:
    (a)  The practice of veterinary medicine in this state, through
    telephonic, electronic or other means, regardless of the location of the
    veterinarian, without a valid, unexpired, unrevoked, and unsuspended
    active license or certification in this state to do so, except as provided
    by law or rule; or
    (b)  Representing one's self through offerings, advertisements or use of
    professional titles or designations as being qualified to practice
    veterinary medicine.
    (42) "Veterinarian" means a person who has received a doctor's degree in
veterinary medicine from an accredited or approved school of veterinary
medicine or as otherwise provided by law or rule.
    (43) "Veterinarian on call" means a veterinarian is not present at the
veterinary medical facility, but is able to respond within a reasonable time
to requests for emergency veterinary services.
    (44) "Veterinarian on premises" means a veterinarian is present at the
veterinary medical facility and is prepared and qualified to render veterinary
services.
    (45) "Veterinary medical facility" means any premises, office, unit,
structure, mobile unit, or area utilized for the practice of veterinary
medicine other than the premises of an owner when used for treatment of the
owner's animal.
    (46) "Veterinary technician" means a person who has graduated from a
veterinary technology program accredited or approved by the council on
education of the American veterinary medical association, or other accrediting
agency approved by the board, or a person who has received equivalent training
as set forth in the rules of the board.
    (47) "Veterinary technology" means the performance of services within the
practice of veterinary medicine by a person employed by a licensed
veterinarian to perform duties that require an understanding of veterinary
medicine in order to carry out the orders of the veterinarian. Veterinary
technology does not include prognosis, diagnosis, operative dentistry,
deliberate tooth extraction procedures or the prescribing of treatment or
performing surgery of any kind.