2016 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-29 Veterinarians
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CHAPTER 43-29
VETERINARIANS
43-29-01. Purpose of the chapter.
Repealed by S.L. 2007, ch. 376, § 1.
43-29-01.1. Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Accredited college of veterinary medicine" means any veterinary college or division of
a university or college which offers the degree of doctor of veterinary medicine or its
equivalent and which conforms to the standards required for accreditation by the
council on education of the American veterinary medical association.
2. "Accredited program in veterinary technology" means any postsecondary educational
program of two or more academic years that is accredited by the committee on
veterinary technician education and activities of the American veterinary medical
association.
3. "Animal" means any animal other than a human being. The term includes any
mammal, bird, fish, reptile, or fowl, whether wild or domestic, living or dead.
4. "Board" means the board of veterinary medical examiners.
5. "Certificate" means a certificate issued by the educational commission for foreign
veterinary graduates or the educational equivalence program of the American
association of veterinary state boards, indicating the holder has demonstrated
knowledge and skill equivalent to that possessed by a graduate of an accredited
college of veterinary medicine.
6. "Licensed veterinarian" means a person who is licensed by the board to practice
veterinary medicine.
7. "Licensed veterinary technician" means a person who has graduated from an
accredited program in veterinary technology or an equivalent program as determined
by the board, and who has passed an examination prescribed by the board.
8. "Practice of veterinary medicine" means to:
a. Diagnose, treat, correct, change, relieve, or prevent animal disease, deformity,
defect, injury, or other physical or mental conditions. The term includes the
prescription or administration of any drug, medicine, biologic, apparatus,
application, anesthetic, or other therapeutic or diagnostic substance or technique,
the use of any manual or mechanical procedure for testing for pregnancy, or for
correcting sterility or infertility, or to render advice or recommendation with regard
to any of the above.
b. Represent, directly or indirectly, publicly or privately, an ability and willingness to
do an act described in subdivision a.
c. Use any title, word, abbreviation, or letter in a manner or under circumstances
that induce the belief the person using the title, word, abbreviation, or letter is
qualified to do any act described in subdivision a.
d. Apply principles of environmental sanitation, food inspection, environmental
pollution control, animal nutrition, zoonotic disease control, and disaster medicine
in the promotion and protection of public health.
9. "Veterinarian-client-patient relationship" means:
a. A veterinarian has assumed the responsibility for making medical judgments
regarding the health of an animal and the need for medical treatment, and the
client, who is the owner or other caretaker, has agreed to follow the instructions of
the veterinarian.
b. There is sufficient knowledge of the animal by the veterinarian to initiate at least a
general or preliminary diagnosis of the medical condition of the animal.
c. The practicing veterinarian is readily available for followup in the case of adverse
reactions or failure of the regimen of therapy. This relationship exists only when
the veterinarian has recently seen and is personally acquainted with the keeping
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10.
and care of the animal by virtue of an examination of the animal and by medically
appropriate and timely visits to the premises where the animal is kept.
"Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, chiropractic,
acupuncture, and all other branches or specialties of veterinary medicine.
43-29-02. State board of veterinary medical examiners - Appointments - Qualifications
- Terms - Vacancies.
1. The state board of veterinary medical examiners consists of five gubernatorially
appointed members. In appointing the board members, the governor shall appoint
three veterinarians, one veterinarian technician, and one individual representing the
public. In appointing the veterinarian members of the board, the governor shall make
an effort to appoint:
a. One veterinarian whose practice has a predominant focus on large animals;
b. One veterinarian whose practice has a predominant focus on small animals; and
c. One veterinarian whose practice focuses on both large and small animals.
2. a. Each veterinarian on the board must be licensed in this state and must have
practiced in this state for at least five years immediately preceding the
appointment.
b. The veterinary technician on the board must be licensed in this state and must
have practiced in this state for at least five years immediately preceding the
appointment.
c. The individual representing the public:
(1) Must be a resident of this state;
(2) Must have resided in this state for at least five years immediately preceding
the appointment;
(3) May not be a veterinarian, a veterinary technician, or the spouse of a
veterinarian or a veterinary technician;
(4) May not ever have been a veterinarian, a veterinary technician, or the
spouse of a veterinarian or a veterinary technician; and
(5) May not have any direct financial interest in the provision of veterinary
services and may not be engaged in any activity directly related to the
veterinary profession.
3. a. The term of office for each member is three years. Terms must be staggered by
lot so that no more than two terms expire each year. Each term of office begins
on July first.
b. Each member of the board shall hold office until a successor is appointed and
qualified.
4. If at any time during a member's term, the member ceases to possess any of the
qualifications provided in this section or if the member resigns, the member's office is
deemed vacant and the governor shall appoint another qualified individual for the
remainder of the term.
5. The governor may, after due notice and hearing, remove any member of the board of
veterinary examiners for cause.
43-29-03. Officers of board - Seal - Meetings - Limitations on meetings - Examinations
- Rules - Code of ethics - Inspection of facilities - Educational requirements - Reciprocity.
1. The board shall elect a president and a secretary. The board shall have a seal, and the
president and the secretary may administer oaths. The board shall hold meetings
semiannually in the spring and fall of each year for the examination of candidates at a
time and place specified by the board. The board may hold any other meeting it
determines necessary at the time and place it designates. No session of the board
may exceed two days. A quorum of the board consists of two members and such
quorum is sufficient to conduct the business and proceedings of the board, except that
any changes in the rules must be taken at a meeting at which all the members are
present.
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3.
The board may adopt and enforce reasonable rules, and orders that it determines to
be necessary to the performance of its duties and the regulation of the practice of
veterinary medicine; establish standards for professional conduct, inspection of
facilities, and educational requirements for renewal and granting of licenses; prescribe
forms for application for examination; prepare and supervise examination of applicants
for license to practice veterinary medicine; obtain the services of professional
examination agencies in lieu of its own preparation of such examinations; and issue
and revoke licenses as provided in this chapter. All rules must be submitted to the
attorney general in accordance with chapter 28-32.
The board may, in its discretion, enter reciprocal agreements with the examining
boards of other states and nations, governing the granting of licenses to practice
veterinary medicine and surgery in this state without the applicant taking a written
examination. Under no circumstances, however, may any reciprocal agreement be
entered with the board of another state or nation unless the requirements for the
granting of licenses in the other state or nation are on an equal or higher standard to
the requirements of this state. The board may prescribe by rule any other terms or
conditions to be contained in the agreements. The board shall determine the fee for
license by reciprocity agreement.
43-29-04. Record of proceedings of board - Register of applicants kept by board Records and register as evidence.
The state board of veterinary medical examiners shall keep a record of all its proceedings
and a register of applicants for licenses showing the name of each applicant, the time spent by
each applicant in the study and practice of veterinary medicine, surgery, or dentistry, and the
name and location of the school, college, or university which granted the applicant a degree or
diploma. Such books and records are prima facie evidence of the matters recorded therein.
43-29-05. Compensation and expenses of members of board.
Members of the board may receive for each day during which they are actually engaged in
the performance of the duties of their office such per diem as must be fixed by the board. They
may also be reimbursed for necessary travel expenses and meals and lodging expenses at the
same rate and in the same manner as are elected officials and employees of the state.
The board may select one of its members to attend the annual meeting of the national
organization of state examining boards. The member so selected may be reimbursed for
necessary travel expenses and meals and lodging expenses at the same rate and in the same
manner as are elected officials and employees of the state.
The board may incur no expense exceeding the sum received as fees, as hereinafter
provided.
43-29-05.1. Executive secretary.
The board may employ an executive secretary and such other persons as it deems
advisable to carry out the purpose of this chapter at such salaries as it may determine.
Each biennium the executive secretary shall prepare the budget of the board for
presentation to the executive office of the budget. The executive secretary shall also carry out
all routine secretarial and other duties as directed by the board.
43-29-06. Graduation from recognized school and certificate or permit from board
required.
Only a graduate of the veterinary course offered in a veterinary school, college, or university
recognized by the board, and who possesses a certificate of registration issued by the board
which is in effect, may engage in the practice of veterinary medicine.
Page No. 3
43-29-07. Application for license - Change of address - Display of certificate of
registration.
1. A person desiring a license to practice veterinary medicine in this state shall make
written application to the board. The application must show the applicant is a graduate
of an accredited college of veterinary medicine or the holder of a certificate. The
application must also show the applicant is a person of good moral character and any
other information and proof the board may require. The application must be
accompanied by a fee in the amount established by the board. If the board determines
an applicant possesses the proper qualifications, the board shall admit the applicant to
the next examination. If the applicant is eligible for license without examination under
section 43-29-07.2, the board may grant the applicant a license. If an applicant is
found not qualified to take the examination or for a license without examination, the
board shall immediately notify the applicant in writing of this finding and the grounds of
this finding. An applicant found unqualified may request a hearing on the question of
the applicant's qualifications.
2. Each veterinarian licensed by the board, whether a resident or not, shall notify the
secretary of any change in that person's office address or employment within sixty
days after the change has taken place. Any person licensed to practice veterinary
medicine after the fifteenth day of April, or any person issued a temporary permit to
practice veterinary medicine after that date, is exempt from this requirement to pay the
annual registration fee until the first day of July of the year following licensure.
3. Registration is a condition precedent to the practice of veterinary medicine and surgery
in this state, and a certificate of registration currently in effect must be on display at all
times in the office of each veterinarian engaged in active practice.
43-29-07.1. Veterinary technicians - Examinations.
1. An applicant for licensure as a veterinary technician must have an examination date
offered at least annually at a time, place, and date determined by the board at least
ninety days before the scheduled examination.
2. An applicant for licensure as a veterinary technician must pass the veterinary
technician national examination with a score approved by the board.
3. An applicant for licensure as a veterinary technician who has successfully passed the
veterinary technician national examination shall request that the applicant's
examination scores be forwarded to the board. An applicant is eligible for licensure
upon meeting the licensure requirements set by the board.
43-29-07.2. Examination - License without examination - Temporary permit.
1. The board shall hold at least two examinations a year. The board shall adopt rules
governing preparation, administration, and grading of examinations. Examinations
must be designed to test the examinee's knowledge of and proficiency in the subjects
and techniques commonly taught in veterinary schools. To pass the examination, the
examinee must demonstrate scientific and practical knowledge sufficient to prove
competency to practice veterinary medicine in the judgment of the board. An examinee
must be tested by written examination, supplemented by any oral interview and
practical demonstration the board determines necessary. The board may adopt and
use the examination prepared by the national board of veterinary medical examiners.
After each examination, the board shall notify each examinee of the result of the
examination, and the board shall issue a license to each person who passed the
examination. The board shall record each new license and issue a certificate of
registration to each new licensee. Any person failing an examination may be admitted
to any subsequent examination on approval by the board and payment of the
application fee.
2. The board may issue a license without a written examination to a qualified applicant
who furnishes satisfactory proof of graduation from an accredited or approved college
of veterinary medicine, or holds a certificate, and who:
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a.
3.
Has for the five years immediately before filing of the application been a
practicing veterinarian licensed in a state having license requirements at the time
the applicant was first licensed which were substantially equivalent to the
requirements of this chapter;
b. Has within the three years immediately before filing the application successfully
completed the examinations provided by the national board of veterinary medical
examiners; or
c. Currently holds a license to practice in at least one state, has active diplomat
status in a specialty organization recognized by the American veterinary medical
association, and whose practice is limited to the certified specialty in the state in
which the specialist is licensed without examination.
The board may issue without examination a temporary permit to practice veterinary
medicine in this state to:
a. A qualified applicant for license pending examination, if the temporary permit
expires the day after the notice of results of the first examination given after the
permit is issued. A temporary permit may not be issued to an applicant who
previously has failed the examination in this or any other state or a foreign
country.
b. A nonresident veterinarian validly licensed in another state or a foreign country
who pays the fee established and published by the board if the temporary permit
is issued for a period of no more than sixty days and no more than one permit is
issued to a person during each calendar year.
c. A senior veterinary student who practices in the office of and under the direct
supervision of a licensed veterinarian. A temporary student permit may not
exceed six months from its date of issuance and is granted without payment of a
fee.
d. A graduate of a nonaccredited college of veterinary medicine, who has
satisfactorily completed the fourth year of clinical study at an accredited or
approved college of veterinary medicine, has successfully passed the
examination provided by the national board of veterinary medical examiners, and
is enrolled in the educational commission for foreign veterinary graduates
program. The holder of a temporary permit issued under this subdivision must
practice under the supervision of a licensed veterinarian. A temporary permit
issued under this subdivision is valid until the holder obtains a certificate or for
two years.
43-29-07.3. License renewal - Continuing education requirements.
1. All licenses expire annually as of July first but may be renewed by registration with the
board and payment of the registration renewal fee established by the board. On June
first of each year, the board shall mail a notice to each licensed veterinarian that the
licensee's license will expire as of July first and provide the licensee with a form for
registration. The board shall issue a new certificate of registration to a person
reregistering under this section. Any person who willfully or by neglect fails to renew a
license and who practices veterinary medicine after the expiration of the license is
practicing in violation of this chapter.
2. Any qualified person may renew an expired license within two years of the date of its
expiration by making written application for renewal and paying the current renewal fee
plus all delinquent renewal fees. After two years have elapsed since the date of
expiration, a license may not be renewed, but the holder may make application for a
new license and take the license examination. The board may by rule waive the
payment of the registration renewal fee of a licensed veterinarian during the period
when the veterinarian is on active duty with any branch of the armed services of the
United States, not to exceed the longer of three years or the duration of active duty.
3. The board may adopt rules establishing requirements for the continuing education of
veterinarians and veterinary technicians. The board may refuse to renew or may
suspend, revoke, or place on probationary status any license issued under this chapter
Page No. 5
upon proof the licensee has failed to meet the applicable continuing education
requirements. Applicants for accreditation of continuing education courses, classes, or
activities may be charged a reasonable fee determined by the board.
43-29-08. Certificate of qualification issued to applicants passing examination Conclusiveness of certificate - Re-examination.
Repealed by S.L. 1997, ch. 376, § 12.
43-29-08.1. Veterinary technician - Renewal of license.
1. A license issued to a veterinary technician under this chapter expires on December
thirty-first.
2. A veterinary technician shall submit renewal fees and current mailing address before
December thirty-first on an application form provided and mailed to the licenseholder
by the board.
3. A veterinary technician shall submit evidence of completion of required continuing
education credits in the veterinary field during the calendar year in order to apply for a
license renewal.
4. Failure to submit the appropriate license renewal fee every year results in forfeiture of
all rights and privileges under this chapter and the veterinary technician may not
perform veterinary technician services unless the veterinary technician pays a
delinquency fee in addition to the license renewal fee.
43-29-09. Limited specialty license - Graduate veterinary technicians.
1. The board may issue a limited specialty license for the practice of that specialty in this
state to a veterinarian, licensed in another state, who has passed a nationally
recognized specialty board examination and who otherwise meets the qualifications to
practice in this state. All limited specialty licenses regardless of when issued expire on
June thirtieth of each year and may be renewed in the discretion of the board. All
veterinarians holding a limited specialty license are subject to this chapter during the
term of the license. Fees for a limited specialty license are the same as for a regular
license.
2. The board may adopt rules for the training, certification, and limits of activity for
veterinary assistants and shall adopt rules for the licensing, training, certification, and
limits of activity for veterinary technicians being trained and employed under the direct
supervision and responsibility of a licensed veterinarian. All veterinary technicians
must be registered with and subject to requirements established by the board.
43-29-10. Display of license and certificate.
A person may not practice veterinary medicine in the state of North Dakota without
possessing and displaying prominently in the person's principal office a license and a current
and valid certificate of renewal issued pursuant to the provisions of this chapter.
43-29-11. Fees deposited with state treasurer - Separate fund - Vouchers.
All moneys and fees collected or received by the board under the provisions of this chapter
must be deposited with the state treasurer to be held for all legitimate expenses of the board.
The state treasurer shall keep such moneys in a separate fund continued from year to year and
shall disburse the same only on warrants drawn against such fund by the president or the
executive secretary of the board.
43-29-12. Veterinary medicine defined.
Repealed by S.L. 1997, ch. 376, § 12.
Page No. 6
43-29-12.1. Veterinary technician services - Emergency services - Prohibited services.
1. A veterinary technician may perform the following services under the direction,
supervision, and control of a licensed veterinarian, provided the licensed veterinarian
performs a daily physical examination of the animal being treated:
a. Venipuncture, including insertion of an indwelling catheter when required.
b. Catheterizing the urinary bladder.
c. Injection, including hypodermic injection and parenteral fluids, except when in
conflict with a government regulation.
d. Immunization immediately after examination by a licensed veterinarian, except
when in conflict with a government regulation.
e. Inducing, maintaining, and monitoring anesthesia under the direct supervision of
the licensed veterinarian.
f. Exposing and developing radiographic film.
g. Collecting and administering whole blood or plasma to an animal.
h. Assisting in surgery as directed by the licensed veterinarian.
i. Taking electrocardiogram and electroencephalogram tracings.
j. Performing routine laboratory procedures, including hematology, serology,
microbiology, cytology, chemistry, urinalysis, fecal analysis, and skin scrapings.
k. Administering colonic irrigations and wound dressings.
l. Operating ultrasonic and polishing instruments for dental prophylaxis.
m. Preparing animals for surgery, including clipping, scrubbing, and disinfecting an
operative site.
n. Preparing medicants for dispensing to clients on the direct or written order of the
licensed veterinarian.
o. Maintaining surgery, x-ray, and laboratory logs and pharmacy records.
2. Under emergency conditions, a veterinary technician may perform the following
treatments:
a. Applying tourniquets and pressure bandages to control hemorrhage.
b. Administering pharmacological agents and parenteral fluids only after direct
communication with a licensed veterinarian, if the veterinarian is present or
en route to the location of the distressed animal.
c. Performing resuscitative oxygen procedures.
d. Applying temporary splints or bandages to prevent further injury to bones or soft
tissues.
e. Applying appropriate wound dressings and external supportive treatment in
severe burn cases.
f. Providing external supportive treatment in heat prostration cases.
3. A veterinary technician may not perform the following services unless the veterinary
technician is acting as a surgical assistant to a licensed veterinarian under this
chapter:
a. Making a diagnosis.
b. Prescribing a treatment.
c. Performing surgery.
43-29-13. Practices excepted from chapter.
The following persons may not be considered to be engaging in the practice of veterinary
medicine in this state:
1. Those who administer to livestock, the title to which rests in themselves, or in their
regular employer, except when the ownership of the animal was transferred to avoid
the requirements of this chapter, or those who perform gratuitous services.
2. Anyone who conducts experiments in scientific research in the development of
methods, techniques, or treatment, directly or indirectly applicable to the problems of
medicine, and who in connection with these activities uses animals.
3. Anyone who is a regular student in an accredited or approved college of veterinary
medicine performing duties or actions assigned by an instructor or working under the
direct supervision of a licensed veterinarian during a school vacation period.
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4.
5.
6.
7.
8.
9.
10.
11.
12.
Anyone licensed in another state or nation when engaged in this state in consultation
with veterinarians legally practicing herein.
A senior student who is in an approved school of veterinary medicine and who obtains
from the board a student permit to practice in the office and under the direct
supervision of any veterinarian practicing within this state.
Any employee of the United States or this state while in the performance of duties as
employees.
Any merchant or manufacturer selling medicine, feed, an appliance, or any other
product used in the prevention or treatment of animal diseases.
Any veterinary technician or other employee of a licensed veterinarian performing
duties under the direction and supervision of the veterinarian responsible for the
technician's or other employee's performance.
Any member of the faculty of an accredited college of veterinary medicine performing
regular functions or a person lecturing or giving instructions or demonstrations at an
accredited college of veterinary medicine or in connection with a continuing education
course or seminar.
Any person selling or applying any pesticide, insecticide, or herbicide.
Any graduate of a foreign college of veterinary medicine who is in the process of
obtaining a certificate and is performing duties or actions assigned by the graduate's
instructors in an accredited college of veterinary medicine.
Any person performing a direct embryo transfer procedure on a recipient cow. Except
as provided in this subsection, a person performing a direct embryo transfer procedure
on a recipient cow may not administer prescription drugs to the cow during, or as part
of, the procedure. The owner of the recipient cow, however, may administer or cause
the administration of prescription drugs to the recipient cow during, or as part of, the
procedure if a veterinarian-client-patient relationship exists.
43-29-14. Refusal, suspension, and revocation of license and certificate Reinstatement and relicense.
1. The state board of veterinary medical examiners may refuse to issue a license or
certificate of registration, or may suspend or revoke a license and certificate of
registration, upon any of the following grounds:
a. Fraud or deception in procuring the license, including conduct that violates the
security or integrity of any licensing examination.
b. The use of advertising or solicitation that is false, misleading, or otherwise
determined unprofessional under rules adopted by the board.
c. Habitual intemperance in the use of intoxicating liquors, or habitual addiction to
the use of morphine, cocaine, or other habit-forming drugs.
d. Immoral, unprofessional, or dishonorable conduct manifestly disqualifying the
licensee from practicing veterinary medicine.
e. Incompetence, gross negligence, or other malpractice in the practice of veterinary
medicine.
f. Employment of unlicensed persons to perform work that under this chapter can
lawfully be done only by persons licensed to practice veterinary medicine.
g. Fraud or dishonest conduct in applying or reporting diagnostic biological tests,
inspecting foodstuffs, or in issuing health certificates.
h. Failure of the licensee to keep the premises and equipment used in the licensee's
practice in a reasonably clean and sanitary condition and failure to use
reasonably sanitary methods in the practice of veterinary medicine.
i. Violation of the rules adopted by the board.
j. Conviction of an offense determined by the board to have a direct bearing upon a
person's ability to serve the public as a veterinarian, or when the board
determines, following conviction of any offense, that a person is not sufficiently
rehabilitated under section 12.1-33-02.1.
k. Willful or repeated violations of this chapter or any rule adopted by the board.
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l.
2.
Failure to report, as required by law, or making false report of, any contagious or
infectious disease.
m. Cruelty to animals.
n. Revocation of a license to practice veterinary medicine by another state on
grounds other than nonpayment of a registration fee.
o. The use, prescription, or dispensing of any veterinary prescription drug, or the
prescription or extra-label use of any over-the-counter drug, in the absence of a
valid veterinarian-client-patient relationship, except as provided by section
43-29-19.
Any person whose license has been revoked may apply to the board for reinstatement
and relicensure one year after the date of revocation. The board may reissue a license
if the board is satisfied the applicant is qualified to practice veterinary medicine, meets
the existing requirements for licensure, and will comply with the rules regarding the
practice of veterinary medicine.
43-29-15. Complaints - Investigations.
1. Any person may file a written complaint with the board setting forth the specific
charges upon which the complaint is made. Upon receiving a complaint, the board
shall notify the veterinarian of the complaint and request a written response from the
veterinarian. The board may adopt rules establishing a peer review committee for the
purpose of investigating complaints and providing recommendations to the board. A
veterinarian who is the subject of an investigation by the board shall cooperate fully
with the investigation. Cooperation includes responding fully and promptly to any
reasonable question raised by or on behalf of the board relating to the subject of the
investigation and providing copies of records when reasonably requested by the
board.
2. To pursue the investigation, the board may subpoena and examine witnesses and
records, including medical records, copy, photograph, or take samples. The board may
require the veterinarian to give statements under oath, to submit to a physical or
psychological examination, or both, by a physician or other qualified evaluation
professional selected by the board if it appears to be in the best interest of the public
that this evaluation be secured. After review of the complaint, the veterinarian's
response, and information obtained in the investigation, the board shall determine if
there is a reasonable basis to believe the allegations are true and that the allegations
constitute a violation of this chapter or the rules of the board. If the board determines
there is a reasonable basis to believe the allegations are true and the allegations
constitute a violation of this chapter or the rules of the board, the board shall take
appropriate action. If a reasonable basis is not found by the board, the board shall
notify the complaining party and the veterinarian in writing.
43-29-16. Proceedings on revocation or suspension of license - Appeals - Costs of
prosecution - Disciplinary proceedings.
1. All proceedings relative to the issuance, revocation, or suspension of a license, or
relative to reissuing a license that has been revoked must be conducted pursuant to
chapter 28-32. An appeal from the final decision of the board in any matter covered by
this chapter may be taken to the district court of Burleigh County or the aggrieved
party's county of residence in accordance with chapter 28-32.
2. In any order or decision issued by the board in which disciplinary action is imposed
against a licensee, the board may direct the licensee to pay the board a sum not to
exceed the reasonable and actual costs, including attorney's fees, incurred by the
board in the investigation and prosecution of the case. When applicable, the licensee's
license may be suspended until the costs are paid to the board.
Page No. 9
43-29-16.1. Abandonment of animals by owner.
1. Any animal placed in the custody of a licensed doctor of veterinary medicine for
treatment, boarding, or other care, which is abandoned by its owner or its owner's
agent for a period of more than ten days after a written notice, by registered or certified
letter, return receipt requested, is given to the owner or its owner's agent at the
last-known address, may be turned over to the custody of the nearest humane society
or dog pound in the area or disposed of as such custodian may deem proper.
2. The giving of notice to the owner, or the agent of the owner, of such animal by the
doctor of veterinary medicine, as provided in subsection 1, shall relieve the doctor of
veterinary medicine and any custodian to whom such animal may be given of any
further liability for disposal; it is further provided that such procedure by the licensed
doctor of veterinary medicine does not constitute grounds for disciplinary procedure
under this chapter.
3. For the purpose of this section, the term "abandoned" means to forsake entirely or to
neglect or refuse to provide or perform the care and support of an animal by its owner
or its owner's agent; such abandonment constitutes the relinquishment of all rights and
claim by the owner of such animal.
43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy.
Any person who:
1. Practices veterinary medicine, surgery, or dentistry in this state without compliance
with the provisions of this chapter;
2. Willfully and falsely claims or pretends to have or hold a certificate of registration
issued by the state board of veterinary medical examiners; or
3. Willfully and falsely, with intent to deceive the public, claims or pretends to be a
graduate of, or to hold a degree or diploma showing the satisfactory completion of a
course in veterinary science in a school, college, or university recognized by the
board;
is guilty of a class B misdemeanor. In addition to the criminal penalty provided, the civil remedy
of injunction is available to restrain and enjoin violations of any provisions of this chapter without
proof of actual damages sustained by any person, upon application and unanimous vote of all
members of the state board of veterinary medical examiners.
43-29-18. Effect of invalidity of part of this chapter.
Repealed by S.L. 1983, ch. 82, § 154.
43-29-19. Veterinary prescription drugs.
1. Except as provided under subsection 2, a veterinary prescription drug must be
dispensed, used, or prescribed within the context of a veterinarian-client-patient
relationship.
2. Other than a controlled substance, a licensed veterinarian may dispense a veterinary
prescription drug without establishing a veterinarian-client-patient relationship if:
a. The drug is prescribed by a licensed veterinarian or by a veterinarian licensed in
another jurisdiction who has established a veterinarian-client-patient relationship;
b. The prescribing veterinarian has an inadequate supply of the drug, failure to
dispense the drug would interrupt a therapeutic regimen, or failure to dispense
the drug would cause an animal to suffer; and
c. The dispensing veterinarian verifies the prescription with the prescribing
veterinarian.
Page No. 10
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