2010 Indiana Code
TITLE 25. PROFESSIONS AND OCCUPATIONS
ARTICLE 38.1. VETERINARIANS
CHAPTER 4. PRACTICE; DISCIPLINE; PROHIBITIONS
IC 25-38.1-4
Chapter 4. Practice; Discipline; Prohibitions
IC 25-38.1-4-1
Veterinary technician identification; use of title or abbreviation;
advertising
Sec. 1. (a) During working hours or when actively performing the
registered veterinary technician's duties, a registered veterinary
technician must wear a unique mark of identification on the
technician's clothing that is approved by the board and that identifies
the technician as a registered veterinary technician.
(b) An individual who is not a registered veterinary technician
may not use the title "registered veterinary technician", "veterinary
technician", or the abbreviation "R.V.T.".
(c) An individual who is not a registered veterinary technician
may not advertise or offer the individual's services in a manner
calculated to lead others to believe that the individual is a registered
veterinary technician.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.37.
IC 25-38.1-4-2
Restrictions on veterinary technicians and veterinary assistants
Sec. 2. A:
(1) registered veterinary technician; or
(2) veterinary assistant;
may not diagnose, make a prognosis, prescribe medical or surgical
treatment, or perform as a surgeon. However, the registered
veterinary technician may perform routine procedures defined by
board rules while under the direct or indirect supervision of a
licensed veterinarian responsible for the technician's performance.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.38.
IC 25-38.1-4-3
Supervision of veterinary employees; compensation; duties
Sec. 3. (a) A supervising veterinarian shall determine and is
responsible for determining the appropriate level of supervision,
except where prohibited by law, if the tasks being delegated are
commensurate with employee's training, experience, and skills.
(b) Registered veterinary technicians may, under direct or indirect
supervision, perform routine food animal management practices if a
valid veterinarian-client-patient relationship exists.
(c) A registered veterinary technician or veterinary assistant may
not receive a fee or compensation for veterinary services other than
salary or compensation paid by the establishment where the
individual is employed.
(d) In the performance of delegated veterinary tasks, a registered
veterinary technician and veterinary assistant shall do the following:
(1) Accept only those delegated veterinary tasks for which there
are mutually approved protocols, written standing orders, or
verbal directions.
(2) Accept only those delegated veterinary tasks that:
(A) the registered veterinary technician or veterinary
assistant is competent to perform based on education,
training, or experience; and
(B) are not prohibited by law.
(3) Consult with the supervising veterinarian in cases where the
registered veterinary technician or veterinary assistant knows or
should have known that a delegated veterinary task may harm
an animal.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.39.
IC 25-38.1-4-4
Repealed
(Repealed by P.L.58-2008, SEC.51.)
IC 25-38.1-4-5
Prescriptions
Sec. 5. (a) A licensed veterinarian may write prescriptions.
Pharmacists shall give the prescriptions written by a licensed
veterinarian the same recognition given the prescriptions of persons
holding an unlimited license to practice medicine or osteopathic
medicine.
(b) A valid veterinarian-client-patient relationship must exist
before a licensed veterinarian dispenses or prescribes a prescription
product.
(c) Veterinary prescription products, including drugs and
immunizing products restricted by state and federal law for use by
licensed veterinarians, may not be diverted or transferred to an
individual for use on an animal if there is not a current
veterinarian-client-patient relationship with the original prescribing
veterinarian.
(d) If a veterinarian prescribes a drug for the client's animal, upon
request, the veterinarian shall provide the prescription to the client,
unless prohibited by state or federal law or to prevent inappropriate
use.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.40.
IC 25-38.1-4-5.5
Maintenance of veterinary medical records; copies; confidentiality
Sec. 5.5. (a) Each person who provides veterinary medical
services shall maintain medical records, as defined by rules adopted
by the board.
(b) Veterinary medical records include the following:
(1) Written records and notes, radiographs, sonographic images,
video recordings, photographs or other images, and laboratory
reports.
(2) Other information received as the result of consultation.
(3) Identification of any designated agent of the owner for the
purpose of authorizing veterinary medical or animal health care
decisions.
(4) Any authorizations, releases, waivers, or other related
documents.
(c) The client is entitled to a copy or summary of the veterinary
medical records. A veterinarian may charge a reasonable fee for
copying or summarizing the requested veterinary medical record. The
veterinarian may require that the request be in writing.
(d) Except as provided in subsection (e) or upon written
authorization of the client, an animal's veterinary medical record and
medical condition is confidential and may not be:
(1) furnished to; or
(2) discussed with;
any person other than the client or other veterinarians involved in the
care or treatment of the animal.
(e) An animal's veterinary medical records and medical condition
may be furnished without written client authorization under the
following circumstances:
(1) Access to the records is specifically required by a state or
federal statute.
(2) An order by a court with jurisdiction in a civil or criminal
action upon the court's issuance of a subpoena and notice to the
client or the client's legal representative.
(3) For statistical and scientific research, if the information is
abstracted in a way as to protect the identity of the animal and
the client.
(4) As part of an inspection or investigation conducted by the
board or an agent of the board.
(5) As part of a request from a regulatory or health authority,
physician, or veterinarian:
(A) to verify a rabies vaccination of an animal; or
(B) to investigate a threat to human or animal health, or for
the protection of animal or public health and welfare.
(6) As a part of an animal cruelty report and associated
applicable records that are part of an abuse investigation by law
enforcement or a governmental agency.
(7) To a law enforcement agency as part of a criminal
investigation.
(8) To the School of Veterinary Medicine at Purdue University,
the animal disease diagnostic laboratory, or a state agency or
commission. However, an animal's veterinary medical records
remain confidential unless the information is disclosed in a
manner allowed under this section.
(9) Veterinary medical records that are released by the board of
animal health when in the judgment of the state veterinarian the
disclosure is necessary or helpful in advancing animal health or
protecting public health.
(f) An animal's veterinary medical records must be kept and
maintained by the veterinarian for at least three (3) years after the
veterinarian's last encounter with the animal.
As added by P.L.58-2008, SEC.41.
IC 25-38.1-4-6
Emergencies
Sec. 6. Notwithstanding this chapter, in an emergency, in the
absence of the licensed veterinarian employer, an employee of a
licensed veterinarian may perform the duties it is lawful for the
employee to perform under the direct supervision of the licensed
veterinarian according to the rules of the board and the written
authority of the licensed veterinary employer.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.42.
IC 25-38.1-4-7
Immunity in emergencies; euthanasia
Sec. 7. A licensed veterinarian or a registered veterinary
technician who, on the veterinarian's or technician's own initiative,
gives emergency treatment to a sick or injured animal is not liable in
damages to the owner of the animal in the absence of gross
negligence. If a licensed veterinarian performs euthanasia on the
animal, there is a presumption that performing euthanasia was a
humane act, necessary to relieve the animal of pain and suffering.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-4-8
Abandoned animals
Sec. 8. (a) An animal placed in the custody of a veterinarian is
considered to be abandoned five (5) days after the veterinarian has
given written notice to the individual who delivered the animal to the
veterinarian that the animal should be reclaimed by the individual.
Written notice must be delivered by certified mail to the place given
by the individual as the individual's mailing address at the time the
individual delivered the animal to the veterinarian.
(b) Abandonment of an animal under this section constitutes the
relinquishment of all rights and claims by the owner of the animal.
An abandoned animal may be sold or otherwise disposed of as the
veterinarian may see fit. The purchaser or recipient of an abandoned
animal shall receive full and clear title to the animal.
(c) The giving of notice as provided in this section relieves the
veterinarian and all persons who receive an abandoned animal from
the veterinarian of criminal or civil liability.
(d) The individual who delivered an animal abandoned under this
section is liable for all reasonable and customary expenses incurred
for diagnosis, treatment, hospitalization, surgery, board, euthanasia,
and disposal of the abandoned animal.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.43.
IC 25-38.1-4-8.5
Immunity for reporting suspected animal cruelty
Sec. 8.5. A veterinarian or registered veterinary technician who
reports in good faith and in the normal course of business a suspected
incident of animal cruelty under IC 35-46-3 to a law enforcement
officer is immune from liability in any civil or criminal action
brought for reporting the incident.
As added by P.L.58-2008, SEC.44. Amended by P.L.111-2009,
SEC.5.
IC 25-38.1-4-9
Discipline of registered veterinary technicians
Sec. 9. Upon written complaint sworn to by any individual, the
board may, by the concurrence of four (4) members, after a hearing
and based upon findings of fact, discipline a registered veterinary
technician by revoking or suspending the technician's registration for
a time certain, by placing the technician on probation, or by any
other appropriate means for any of the following reasons:
(1) The use of fraud, misrepresentation, or deception in
obtaining a registration.
(2) Intoxication or the unlawful use of a controlled substance.
(3) The use of advertising or solicitation that is false or
misleading or is considered unprofessional under rules adopted
by the board.
(4) Conviction of or a plea of guilty to the charge of a felony or
misdemeanor involving moral turpitude.
(5) Incompetence, gross negligence, or malpractice in
performing as a registered veterinary technician.
(6) Cruelty to animals.
(7) Representing the technician as a veterinarian.
(8) Disciplinary action taken against the technician's
registration by the board or by the licensing agency of any other
state or jurisdiction by reason of the technician's inability to
practice safely as a registered veterinary technician, if the
reason is valid in the opinion of the board.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.45.
IC 25-38.1-4-10
Offenses; practice without a license; false information
Sec. 10. A person who knowingly:
(1) practices veterinary medicine without a license or special
permit to practice veterinary medicine issued by the board; or
(2) supplies false information on an application for a license as
a veterinarian;
commits a Class A misdemeanor.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.46.
IC 25-38.1-4-11
Offenses; veterinary technicians
Sec. 11. A person who knowingly:
(1) acts as a registered veterinary technician without being
registered as a veterinary technician with the board or having a
special permit issued by the board; or
(2) supplies false information on an application for registration
as a veterinary technician;
commits a Class A misdemeanor.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.47.
IC 25-38.1-4-11.5
Offenses; general
Sec. 11.5. Except as provided in sections 10 and 11 of this
chapter, a person who violates this chapter commits a Class A
infraction.
As added by P.L.58-2008, SEC.48.
IC 25-38.1-4-12
Injunction for practice without a license or certificate
Sec. 12. (a) If a person engages in the practice of veterinary
medicine without a license or certificate issued under this article:
(1) the attorney general;
(2) a prosecuting attorney;
(3) the board; or
(4) a citizen;
may maintain an action in the name of the state to enjoin the person
from engaging in the practice of veterinary medicine.
(b) In charging a person under subsection (a) in an affidavit,
information, or indictment with a violation of this article, it is
sufficient to charge that the person did, on a certain date and in a
certain county, engage in the practice of veterinary medicine without
a license or permit issued under this article.
As added by P.L.2-2008, SEC.12.
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