2005 South Carolina Code of Regulations § 120-12.1. — Fees.

DEPARTMENT OF LABOR, LICENSING AND REGULATION-- STATE BOARD OF VETERINARY MEDICAL EXAMINERS

(Statutory Authority: 1976 S.C. Code of Laws Section 40-69-70 et seq.)

ARTICLE 1.

ORGANIZATION, ADMINISTRATION, PROCEDURE

120-1.1. Purpose.

The Board of Veterinary Medical Examiners was created to protect the public from being misled by incompetent, unscrupulous, unqualified and unauthorized practitioners for the protection of the public health, safety and welfare. This purpose is achieved through the establishment of minimum qualifications for entry into the profession and through swift and effective discipline for those practitioners who violate the applicable laws or rules promulgated thereunder.

120-1.2. Composition and Selection of Board.

A. The Board is composed of eight members, one of whom must be a consumer advocate member from the State at large, one of whom must be a veterinarian from the State at-large, and six of whom must be veterinarians representing each of the six congressional districts in which s/he resides. Members must have resided in South Carolina no less than five years to be eligible for a Board seat. The terms of the members are for six years. A member may serve no more than two terms, which may not be consecutive.

B. The Board will conduct elections for each congressional district from which the two winning candidates will be presented for selection for appointment by the Governor. The veterinarian at large and the consumer advocate member must be appointed by the Governor.

120-1.3. Meetings and Quorum.

The Board will meet at least twice a year and at such other times as may be ordered by the chairman. A majority of the members of the Board will constitute a quorum. The board will hold elections for its officers each year. No more than two terms may be served as chairman.

120-1.4. Files and Records.

The files and records of the Board will be kept by the Administrator of the Board. They will be subject to being audited or examined at any time by duly authorized authorities of the State.

120-1.5. Amendment of Rules.

These rules, regulations and definitions may be modified, added to, or deleted as deemed appropriate by the Board of Examiners in the method prescribed for such changes by the laws of the State of South Carolina.

ARTICLE 2.

GENERAL PROVISIONS

120-2.1. Definition.

The practice of veterinary medicine is defined in South Carolina State Law Code 40-69-20.

120-2.2. Forms of Practice.

A. Veterinary practice may be by sole practitioners, partnerships or licensees employed by duly registered corporations, or other legal entities authorized by law. Only licensees may be partners in a partnership of veterinary practice.

B. A veterinary practice will be under the direction of a veterinarian in good standing with the Board who is personally responsible for maintaining such facility within the standards set forth in Articles 6, 7, 8 and 9.

C. The services of any veterinary corporation will be limited to veterinary services and "such services as may be ancillary thereto" as provided in South Carolina State Law Code 40-69-20.

120-2.3. Practice Name or Title.

All practice names must have prior Board approval in order to avoid duplication or confusion of firm names and to prevent use of names which might be misleading. No proper names of persons other than licensees may be included in the office title or designation.

120-2.4. Use of the Title "Veterinarian."

The use of the title "veterinarian" is permitted only to a graduate veterinarian or the approved name of a partnership or of a corporation. Plural titles, (proper names), may be used only in reference to two or more licensees who are partners, officers or regular employed veterinarians of the firm or corporation.

120-2.5. Board Certification Designations.

The use of board certification designations is limited to veterinarians who have been certified by an AVMA recognized board certification organization. A veterinarian may not advertise or use a specialty designation without an AVMA recognized board certification.

120-2.6. Filing of Addresses.

Each person holding a certificate of registration, license, permit or any other authority to practice veterinary medicine or to practice as an animal health technician in this State under any and all laws administered by the Board will file his or her proper and current mailing address with the Board at its principal office and will immediately notify the Board at its principal office within thirty (30) days of any and all changes of mailing addresses.

120-2.7. Display of License.

All veterinarians licensed to practice in this state will conspicuously display (1) a valid South Carolina license and (2) a current license renewal certificate, at their primary place of business.

120-2.8 to 120-2.11. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

120-2.8 to 120-2.11. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

ARTICLE 3.

LICENSURE

120-3.1. Examination and Licensing Procedures.

A. Examination. The Board will hold at least one examination during each calendar year. The requirements for a license to practice veterinary medicine requires passing the examination(s) administered by the South Carolina Board of Veterinary Medical Examiners. The examination(s) will be a written examination on the Veterinary Medical Practice Rules and Regulations, supplemented by a practical or oral examination at the discretion of the Board.

B. Application. Any person desiring to be licensed as a veterinarian may apply to the Board to take the licensure examination. Applications must be filed with the Board a minimum of thirty (30) days prior to a scheduled examination. Applications and accompanying documents will be valid for one (1) year from the initial application date. After one year a new application with attendant documents and appropriate fees must be submitted. The Board may receive applications from senior students at accredited veterinary schools; however an application is not complete until the applicant furnishes proof of graduation and other information as set forth in this Article and Board rules. Applications must include:

(1) College transcript. Certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association. Graduates of veterinary medical schools outside the United States and Canada are required to have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and will submit proof of such certification being granted after December 31, 1972. Graduates of schools outside the United States and Canada which are accredited by the AVMA after 1977 at the time of graduation will be exempt from this requirement.

(2) Senior students. Senior students must submit an attested letter from the accredited veterinary medical college establishing their senior status as of the date of the State examination.

(3) National Board Examinations. Certified copy of national board examination results is required. A candidate must achieve a minimum score of equal to or above 1.25 standard deviation units below the average score of criterion group candidates if taken before December 1992, or the criterion referenced passing score if taken after December 1992.

(4) Clinical Competency Examination. Certified copy of the Clinical Competency Test (CCT) must be current within five (5) years of the date of the application with a minimum score of 350 if taken before December 1992, or the criterion referenced passing score if taken after December 1992. The requirement for the CCT may be waived only if the applicant meets the following criteria:

(a) The applicant has submitted verification of having held for a minimum of three years immediately preceding application, a valid and unrestricted (including probation or other conditions) license to practice veterinary medicine issued after examination by another state which has education and examination requirements substantially equivalent to those required by South Carolina; and

(b) The applicant has submitted verification of three full years of active, continuous clinical practice immediately preceding the examination; or

(c) The applicant has submitted verification of having passed the AVMA-recognized Board Certification examination in any field of veterinary medicine.

(5) Verification(s) of Licensure. Complete verification required from each state, active or inactive, in which the applicant is or has been licensed.

(6) Photographs. One recent passport type photograph taken within the last six (6) months of application filing.

(7) Fees. A non-refundable certified check or money order.

C. Passing Grade in Examination. A candidate must obtain a passing score of no less than 70% on the South Carolina examination.

D. Denial of Application. An application may be denied if the applicant is currently restricted (including probation or other conditions) in another state or has committed any act which indicates that the applicant does not possess the character and fitness to practice veterinary medicine, including any act that would be grounds for disciplinary action under this chapter against a licensed veterinarian.

E. Requests for Reexamination. Any applicant who fails the South Carolina Board examination may be reexamined by making application to the Board office and paying the appropriate non-refundable examination fee to be received no less than thirty (30) days prior to the next scheduled examination.

F. Temporary Permit. A temporary permit may be issued to an examination applicant who:

(1) has filed an application with the Board no less than thirty (30) days prior to the next scheduled examination;

(2) has provided a certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association. Graduates of veterinary medical schools outside the United States and Canada are required to have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof of such certification being granted after December 31, 1972. Graduates of schools outside the United States and Canada which are accredited by the AVMA after 1977 at the time of graduation shall be exempt from this requirement;

(3) pays the required fee;

(4) is a holder of a current and unrestricted license to practice veterinary medicine in another state, has been practicing for a period of no less than ninety (90) days immediately preceding filing his application, and upon receipt of verification from such state and is employed and under the immediate supervision of a South Carolina veterinarian, verified in writing and received by the Board showing the name, location of practice and anticipated start date of employment;

A temporary permit entitles the applicant to practice only until the Board has acted upon his application for permanent license after the applicant completes the next regularly scheduled examination and is not renewable. Provided, however, any person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary permit renewed until the next scheduled examination.

120-3.2. Intern Program.

A. All senior students and unlicensed graduates who have not practiced for a period of ninety (90) days shall complete a ninety (90) day internship under the supervision of a licensed veterinarian in good standing in any state, territory or district of the United States or Canada.

B. The supervising veterinarian shall submit a certification form stating that the applicant has satisfactorily completed the internship. The form is available upon request from the Board office. A supervising veterinarian shall notify the Board in writing immediately upon the termination of the student or graduate.

C. An applicant may complete the internship by obtaining a temporary permit from the Board office. The temporary intern permit, verified in writing and received by the Board showing the name, location of practice and anticipated start date of employment, will allow the applicant to practice under the immediate supervision of a licensed South Carolina veterinarian in good standing with the Board.

D. A supervising veterinarian is fully responsible for all practice by a student or graduate during the period of supervision and is subject to disciplinary action for any violation of the Act by the student or graduate.

E. A student or graduate shall identify himself or herself as an intern before practicing veterinary medicine.

120-3.3. Intern Permit.

A veterinary intern permit may be issued to an examination applicant:

(1) who has filed an application with the board no less than thirty (30) days prior to the next scheduled examination;

(2) who has submitted an attested letter from the accredited veterinary medical college establishing senior status as of the date of the State examination. Graduates must provide a certified copy of the applicant's transcript, indicating veterinary degree, by a college approved by the American Veterinary Medical Association. Graduates of veterinary medical schools outside the United States and Canada are required to have certification by the AVMA Educational Commission for Foreign Veterinary Graduates and shall submit proof of such certification being granted after December 31, 1972. Graduates of schools outside the United States and Canada which are accredited by the AVMA after 1977 at the time of graduation shall be exempt from this requirement;

(3) who pays the required fee;

(4) who is employed and under the immediate supervision of a Board approved South Carolina veterinarian, verified in writing and received by the Board showing the name, location of practice and anticipated start date of employment;

A veterinary intern permit is not renewable and entitles the applicant to practice only until the Board has acted upon his application for permanent license, completes the intern program, and completes the next regularly scheduled examination. Provided, however, any person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary permit renewed until the next scheduled examination.

120-3.4 and 120-3.5. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

120-3.4 and 120-3.5. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

ARTICLE 4.

LICENSE RENEWAL

120-4.1. Renewal of License.

A. Active license. It shall be the responsibility of each licensee to apply for license renewal within thirty (30) days after the expiration date of December 31 of each calendar year as provided by law. The application shall include a renewal fee together with the current name and address of the applicant and such additional information as may be requested by the Board. Failure to apply for renewal within thirty (30) days after expiration shall result in automatic revocation of license and any person who shall practice veterinary medicine after such revocation shall be practicing in violation of this Article.

B. Lapsed license. Application for renewal of a lapsed license at any time within three (3) years from the date of expiration must include payment of the prescribed renewal fee, plus an administration fee as prescribed by the Board. Further, practice after revocation and before renewal shall be in violation of this Article and cause for disciplinary action as set forth in these Rules. After three (3) years, reapplication for licensure must be made and applicant must meet the requirements in effect at the time of application for a new license. Additionally, the board may require payment of all sums due in addition to the administration fee.

120-4.2. Continuing Education Requirements for Licensee.

As a pre-requisite for annual renewal of a practitioner's license, the licensee must complete a minimum of fifteen contact (15) hours of continuing education by December 31 each year. Failure to satisfy said requirements for renewal shall result in automatic revocation of license and any person who shall practice veterinary medicine after such revocation shall be practicing in violation of this Article. The continuing education requirement is waived for the licensed practitioner for the year in which s/he is first licensed.

A. Credit hours may be earned as follows: (1) programs offered by the American Veterinary Medical Association (AVMA), American Animal Hospital Association (AAHA), the South Carolina Veterinary Association (SCVA); State association-sponsored Academies or AVMA recognized specialty boards, and approved schools of veterinary medicine shall be approved under a blanket approval; (2) such other programs as may be approved by the Board and submitted by written request to the Board by the sponsor.

Of the fifteen required hours, no more than four (4) hours may be taken in practice management or practice building, and the remaining eleven (11) hours must be in clinical medical courses.

B. Each veterinarian must maintain a record of his or her attendance at the meetings qualifying for continuing education for a minimum of three (3) years immediately preceding renewal. Providers must furnish and the licensee must maintain documentation to include: name and license number of the participant; name of provider, name of program, hours completed, date of completion, authorized signature provided by sponsoring organization.

120-4.3. Approval of Providers and Sponsors.

All providers or sponsors of continuing education must be approved by the South Carolina Board of Veterinary Medical Examiners. All sponsors seeking approval for their educational programs must submit a written request to the Board offices at least ninety (90) days prior to the scheduled date of the presentation.

(A) Programs offered by the American Veterinary Medical Association (AVMA), American Animal Hospital Association (AAHA), the South Carolina Veterinary Association (SCVA); State association-sponsored Academies or AVMA recognized specialty boards, and approved schools of veterinary medicine shall be approved under a blanket approval.

(B) All other providers shall request approval for each program on an annual basis on a Program Approval Form provided by the Board.

(C) All providers will furnish each participant adequate documentation of his or her participation in the program and will be signed by an authorized representative of the organization. Information shall include:

(1) name and license number of participant;

(2) name and address of provider;

(3) name of program;

(4) hours completed;

(5) date of program and location of program;

(6) authorized signature.

120-4.4. License Waiver During Period of Temporary Medical Disability.

Upon written request, a licensed veterinarian may apply for a waiver of the license renewal fee and other requirements of no more than three (3) years due to a temporary medical disability which prevents the licensee from practicing veterinary medicine. Upon approval by the Board of this request, the licensee will be placed in an inactive status. That is, the license held by the veterinarian will no longer be valid. Subsequently, with the submission to the Board of appropriate medical documentation showing that the licensee no longer suffers from the temporary disability preventing the practice of veterinary medicine, the licensee may apply to the Board for reinstatement of the license without examination.

120-4.5 to 120-4.8. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

120-4.5 to 120-4.8. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

ARTICLE 5.

PROFESSIONAL CONDUCT

120-5.1. Misconduct Defined.

The Board may deny, suspend, revoke or otherwise restrict the license of any veterinarian or reprimand, or otherwise discipline licensees for any of the reasons set forth in Section 40-69-140(1) through (24), Code of Laws of South Carolina, 1976, as amended, and for violation of any of the principles of veterinary medical ethics and professional practices as set forth in these Rules, the American Veterinary Medical Association (AVMA), and as may be adopted from time to time.

120-5.2. Code of Conduct.

Every veterinarian has a responsibility to provide services which would include long-term hospitalization, surgery, radiology and emergency services when it is necessary to relieve suffering, save life and provide for the welfare of animals. Inasmuch as the veterinarian cannot always provide this full range of veterinary services, he/she has an obligation to make referrals to or otherwise join with colleagues in the area to see that such services are provided.

120-5.3. Veterinarian/Client/Patient Relationship.

A veterinarian/client/patient relationship is characterized by the following attributes:

A. The veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal(s) and the need for medical treatment, and the client (owner or other caretaker) has agreed to follow the instructions of the veterinarian; and when

B. There is sufficient knowledge of the animal(s) by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by virtue of an examination of the animal(s) and/or by medically appropriate and timely visits to the premises where the animal(s) are kept; and when

C. The practicing veterinarian is readily available for follow-up in the case of adverse reactions or failure of the regimen of therapy.

120-5.4 to 120-5.10. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

120-5.4 to 120-5.10. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

ARTICLE 6.

PROFESSIONAL PRACTICES

120-6.1. Record Keeping.

A. Every veterinarian performing any act requiring a license pursuant to the provisions of the Veterinary Practice Act upon any animal or group of animals at a veterinary facility shall prepare, or cause to be prepared, a written record concerning the animal or animals.

B. The written record shall contain the following information, in legible form, if available:

(1) Name, address and telephone number of animal's owner;

(2) Name and identification of animal;

(3) Age, sex, species, and breed of animal;

(4) Dates (beginning and ending) of care of the animal;

(5) A short history of the animal's condition as it pertains to the animal's medical status;

(6) Diagnosis or condition at the beginning of care of animal;

(7) Medication and treatment, including amount, route and frequency of administration;

(8) Progress and disposition of the case; and

(9) Surgery, radiology, laboratory information.

120-6.2. Record Storage.

A. Records shall be maintained for a minimum of three (3) years after the last entry, or as otherwise provided by law.

B. A radiograph is the property of the facility within which the original radiograph was exposed and it, or a copy, must be released upon the request of another veterinarian who has the written authorization of the owner of the animal to whom it pertains and such radiograph(s) shall be returned within thirty (30) days to the facility where the original exposure took place.

C. The record-keeping requirements of this Article shall not apply to the treatment of economic animals. Records for economic animals may be maintained on a per client basis.

ARTICLE 7.

DRUGS, PHARMACEUTICALS AND CONTROLLED SUBSTANCES

120-7.1. Purchase and Sale.

A. Controlled substances, prescription drugs and/or biologicals for use in animals to control zoonoses can be bought only by a licensed veterinarian and can be sold only by or on the prescription of a licensed veterinarian, and in accordance with all Federal, State and local laws.

B. For all controlled drugs that are dispensed by a veterinarian with the prescription having been prepared by a second person, prior to its delivery to the client, the veterinarian shall thoroughly inspect the prepared prescription to verify its accuracy in all respects.

120-7.2. Safety Closure Container.

All drugs legally dispensed as defined herein shall be in approved safety closure containers, except that this shall not apply to drugs dispensed to any person who requests that their medication not be placed in such a container or when the veterinarian finds reason not to employ such containers and such reason is not for the purpose of circumventing the intent of such containers.

120-7.3. Drug Label.

All drugs dispensed shall be labeled with:

(a) Name and address of facility or prescribing veterinarian;

(b) Name of client or animal identification;

(c) Date dispensed;

(d) Directions for use;

(e) Name and strength of the drug; and

(f) Number, volume or amount of prescription.

120-7.4. Bulk Manufacture.

Bulk manufacturers' original containers shall have a label affixed identifying the prescribing veterinarian.

120-7.5. Records for Schedule II, III and IV Drugs.

A record shall be maintained separate from the patient's record, in chronological order, for the administration, dispensing or sale of all Schedule II, III and IV drugs. This record shall include:

(a) Date of transaction;

(b) Name of drug and the amount dispensed or administered;

(c) Name and address of patient and client; and

(d) Name or initial of person administering, dispensing or selling the drug.

120-7.6. Prescriptions.

All prescriptions are considered to be orders to licensed pharmacists only. Dispensing of prescriptions is based on the supposition that the veterinarian has knowledge of the particular case or general conditions relating to the current health status of the animals involved and has established a veterinarian/client/patient relationship as defined in Article 5.3.

A. Written prescriptions. A veterinarian may prescribe a drug on a written prescription to a licensed pharmacist. The written prescription must include:

(1) Name and address of prescribing veterinarian;

(2) Date the drug is prescribed;

(3) Name and address of client and animal identification for whom the drug is prescribed;

(4) Federal Drug and Enforcement Administration (D.E.A.) number for all Schedule II, III, IV and V drugs;

(5) Signature of the veterinarian prescribing the drug;

(6) Directions for use;

(7) Name and strength of the drug; and

(8) Number, volume or amount of prescription.

B. Verbal prescriptions. A veterinarian may verbally prescribe a drug to a licensed pharmacist except as otherwise provided by law. All of the information required in Section 7.6 must be supplied by the veterinarian to the pharmacist.

120-7.7. Drug Security.

All drugs shall be maintained in a secured manner. The veterinarian shall take adequate precautions against diversion of drugs. Each veterinarian shall be responsible for the drugs maintained in the facility.

A. Schedule II controlled substances shall be maintained in accordance with State and Federal laws.

B. Whenever a veterinarian discovers theft or any unusual loss of Schedule II, III, IV or V controlled substances, he/she shall immediately report such theft or loss to the Drug Enforcement Administration.

120-7.8. Drug Storage and Usage.

A. All drugs shall be maintained in a clean and orderly fashion.

B. Adequate facilities shall be provided for storage, safekeeping and preparation of drugs.

C. Temperature control shall be maintained for all drugs and biologics. The stock of drugs shall be reviewed frequently and the veterinarian shall remove from the working stock all drugs at expiration date.

D. Drugs shall be used only for the manufactured intent and according to directions or in accepted professional methods or procedures.

120-7.9. Violations.

Violations of the above drug rules shall be interpreted as a violation of the practice act and subject to all prosecutions applicable under the law.

ARTICLE 8.

FACILITIES, HEALTH AND SANITARY REGULATIONS

120-8.1. Inspection of Premises.

A. The Board or its designee shall have the right to inspect all premises where veterinary medicine is practiced and to pass judgment as to whether such facilities meet the requirements as outlined in this Chapter and as per Section 40-69-70 of the Veterinary Practice Act.

B. All premises where veterinary medicine, veterinary dentistry or veterinary surgery are being practiced, and all instruments, apparatus and apparel used in connection with those practices shall be kept clean and sanitary at all times and shall conform to the minimum standards as outlined in this Chapter.

120-8.2. Minimum Standards.

A. Facility Requirements. All locations where veterinary medicine is practiced shall be adequate for the maintenance of good hygiene at all times. All areas of the premises shall be maintained in a clean, offensive-odor free and orderly condition at all times. All required equipment must be in satisfactory working order. The minimum standards for all facilities where veterinary medicine is practiced shall include:

(1) Adequate heating and cooling shall be provided for the comfort of the animals, and the facility shall have sufficient ventilation in all areas;

(2) Proper lighting shall be provided in all rooms utilized for the practice of veterinary medicine;

(3) Hot and cold running water shall be provided from an approved source along with adequate toilets and lavatories for the personnel and the clients;

(4) All premises shall have sanitary storage which is adequate for the size of the facility;

(5) The facility shall have interior and exterior receptacles for waste disposal which shall comply with state, county and municipal health laws, ordinances and regulations;

(6) The facility shall employ a procedure for the prompt, sanitary and aesthetic disposal of dead animals which complies with all state, county and municipal laws, ordinances and regulations;

(7) All rooms in the facility must be clean and orderly.

B. Examination Areas. The facilities' examination areas shall have the following:

(1) waste receptacles or chutes;

(2) a table with impervious top surface which shall be sanitized between each patient; and

(3) proper lighting provided in all examination areas.

C. Surgical Requirements. Surgery shall be performed in a manner compatible with current veterinary medical practice with regard to anesthesia, asepsis, life support and monitoring procedures as well as recovery care. The standards for current veterinary practice are made available to the licensee through the courses provided for mandatory continuing education. At all times, the minimum standards for surgery shall be:

(1) Surgery shall be performed in a room that can be easily sanitized and is free of unnecessary traffic flow during surgical procedures;

(2) The surgery room shall be well lighted and maintained in a clean, offensive-odor free and orderly condition;

(3) Sterilization must include either a steam pressure sterilizer, gas sterilizer, autoclave equipment or cold sterilization. Cold sterilization must be used in conjunction with either a steam pressure sterilizer, gas sterilizer or autoclave equipment;

(4) Instruments and equipment utilized in the surgery area shall be commensurate with the type of surgical service being provided;

(5) Storage in the surgery area shall be limited to only items and equipment normally related to surgery and surgical procedures;

(6) Emergency drugs must be readily available to the surgery area;

(7) The operating table shall be constructed of a smooth and impervious material;

(8) Sterilized instruments, gowns, towels, drapes, gloves, caps and masks shall be available for surgery;

(9) Positive pressure and oxygen shall be available, except in field conditions.

D. Laboratory Requirements.

(1) The facilities shall have an in-house laboratory or the services of a consultant laboratory for blood chemistries, cultures and antibiotic sensitivity examinations, complete blood counts, histopathological examinations, occult heartworm determination, and complete necropsies.

(2) The in-house laboratory facility shall meet the following standards:

(a) The laboratory area shall be clean and orderly with provision made for ample storage;

(b) Ample refrigeration shall be provided.

(3) All facilities must have as a minimum the capability available for the conduct of:

(a) urine tests;

(b) micro-hematocrit determination;

(c) fecal flotation tests for ova of internal parasites;

(d) dermal scrapings for external parasite diagnosis; and

(e) examination for microfilaria and occult heartworm detection.

E. Notice of Deficiencies. Upon receipt of written notification from the Board specifying deficiencies, the veterinarian shall have a period of thirty (30) days to correct nonstructural deficiencies and one hundred and eighty (180) days to correct structural deficiencies.

ARTICLE 9.

FACILITIES PROVIDING LIMITED VETERINARY SERVICES

120-9.1. Minimum Standards.

Minimum standards for facilities providing limited veterinary services are the same as for other premises where veterinary medicine is practiced. Said standards are set forth in Articles 6, 7 and 8 of these Regulations.

A. Notice to Public. If complete veterinary medical services are not offered in a mobile or satellite veterinary clinic, emergency veterinary hospital, house call practice, or pet vaccination clinic, the public shall be so informed of the services which are not available by way of a posted "Notice to the Public." The notice shall be prominently posted at the entrances to and in the facility receiving/waiting area and shall list all hospitals in the area which offer the services not available in the facility. If emergency services, hospitalization or radiology services are not available in the facility, the veterinarians in charge of the facility must have a written agreement with a local clinic or hospital for the provision of emergency services.

B. Mobile Veterinary Practice. Mobile veterinary practices, defined as any form of clinical veterinary practice that may be transported or moved from one location to another for delivery of services, must have an affiliation with a local general service veterinary facility. If emergency services, hospitalization or radiology services are not available in the facility, the veterinarians in charge of the facility must have a written agreement with a local clinic or hospital for the provision of emergency services.

C. Health and Sanitary Requirements. The minimum health and sanitary regulations applicable to all veterinary premises shall apply equally to the facilities covered by this Regulation unless a regulated service is not available in the facility.

D. Veterinary Medical Services. Veterinary medical services which require the supervision of a licensed veterinarian or which can be performed only by a licensed veterinarian, shall not be performed at any facility unless a licensed veterinarian is present to supervise the performance of such services or to perform the services themselves.

E. Violation of Article 9. Violation of this regulation shall be grounds for disciplinary action as provided in the Veterinary Practice Act.

ARTICLE 10.

ANIMAL HEALTH TECHNICIANS

120-10.1. Definition.

Animal Health Technician means an individual who has received a degree in animal health technology or a comparable subject from an approved school of veterinary medicine or veterinary technology and who is employed by and under the direct supervision of a licensed veterinarian.

120-10.2. Limitation of Duties.

An animal health technician, under the direct supervision of a licensed veterinarian, shall:

(1) undertake only what the veterinarian authorizes or directs;

(2) perform his work only in the manner directed by the veterinarian;

(3) employ his best care and skill in performing all work for the veterinarian and not to undertake any work which he is not capable of or licensed to perform;

(4) not diagnose, prognose, prescribe, initiate treatment, or perform surgery;

(5) clearly identify himself as an animal health technician to ensure that s/he is not mistaken by the public as a licensed veterinarian.

120-10.3. Veterinarian's Responsibility.

The licensed veterinarian has a legal and moral responsibility to the client and the animal health technician as follows:

(1) To direct, control and directly supervise the conduct of the animal health technician in his work;

(2) To authorize or require the animal health technician to perform only such work as the veterinarian knows the technician is capable of performing and is licensed to perform;

(3) To direct the animal health technician to perform work in the proper method and manner.

120-10.4. Examination.

The Board hold at least one examination during each calendar year. The requirement for a license to practice as an animal health technologist requires passing the examination(s) administered by the South Carolina Board of Veterinary Medical Examiners. The examination(s) will be a written examination on the Veterinary Medical Practice Rules and Regulations and such other subjects relating to animal health technology as the board may require.

A. Application. Any person desiring to be licensed as an Animal Health Technician may apply to the Board to take the license examination. Applications must be filed with the Board no less than thirty (30) days prior to a scheduled examination. Applications and accompanying documents will be valid for one (1) year from the initial application date. After one (1) year a new application, with attendant documents and appropriate fees must be submitted. Applications must include:

(1) College transcript. Certified copy of the applicant's transcript, indicating animal health technician degree, by a college accredited by the American Veterinary Medical Association;

(2) National Board Examinations. Certified copy of national board examination results achieving the criterion-referenced passing score in effect at the time of examination;

(3) Verification(s) of Licensure. Complete verification required from each state, active or inactive, in which the applicant is or has been licensed;

(4) Photographs. One recent passport type photograph taken within the last six (6) months of application filing;

(5) Fees. A non-refundable certified check or money order.

B. Denial of application. An application may be denied if the applicant has committed any act that would be grounds for disciplinary action under this chapter against a licensed animal health technician.

C. Requests for reexamination. Any applicant who fails the South Carolina Board examination may be reexamined by making application to the Board office and paying the appropriate non-refundable examination fee no less than thirty (30) days prior to the scheduled examination.

D. Temporary Permit.

(1) A temporary permit may be issued to an examination applicant who has submitted the following:

(a) Application. An application submitted to the Board at least thirty (30) days prior to the next scheduled examination;

(b) College transcript. Certified copy of the applicant's transcript, indicating animal health technician degree, by a college accredited by the American Veterinary Medical Association;

(c) National Board Examinations. Certified copy of national board examination results;

(d) Verification(s) of Licensure. Application must be a holder of a current and unrestricted animal health technician license in another state. Complete verification required from each state, active or inactive, in which the applicant is or has been licensed;

(e) Photographs. One recent passport type photograph taken within the last six (6) months of application filing;

(f) Fees. A non-refundable certified check or money order;

(g) Employment. Evidence of employment by a South Carolina veterinarian, verified in writing and received by the Board showing the name, location of practice and start date of employment.

(2) A temporary permit entitles the applicant to practice only until the Board has acted upon his application for permanent license after the applicant completes the next regularly scheduled examination and is not renewable. Provided, however, any person who is unable to attend the examination due to extreme circumstances beyond his control, may, at the discretion of the Board, have the temporary permit renewed until the next scheduled examination.

120-10.5. Passing Grade in Examination.

A candidate must obtain a passing score of no less than 70% on the South Carolina examination in order to be certified as an animal health technician.

120-10.6. Renewal of License.

A. Applications for renewal of an expired license at any time within three (3) years from the date of expiration must include payment of the prescribed renewal fee, plus an administration fee as prescribed by the Board. Practice after revocation and before renewal shall be in violation of this Article and cause for disciplinary action as set forth in Article 12. After three (3) years, reapplication for licensure must be made and applicant must meet the requirements in effect at the time of application for a new license.

B. As a pre-requisite for annual renewal of an animal health technician's license, the licensee must complete a minimum of five (5) hours of continuing education by December 31 each year. Failure to satisfy said requirements for renewal will result in the automatic revocation of license and any person who shall practice after such revocation will be practicing in violation of these Rules. The continuing education requirement is waived for licensed animal health technicians only for the year in which they are first licensed.

120-10.7. Grounds for Discipline.

The Animal Health Technician is subject to the same grounds for denial, suspension or revocation of license as the veterinarian and as set forth in Section 40-69-140 and this Article.

120-10.8. Disciplinary Procedures.

Disciplinary procedures are set forth in Article 11.

120-10.9. Fees.

All fees are set forth in Article 12.

ARTICLE 11.

DISCIPLINARY ACTIONS AND PROCEDURES

120-11.1. Complaint; Determination of Just Cause.

Any action of the Board will be taken only after a written complaint of misconduct has been filed with the Board. A preliminary investigation may be made by an examiner and the results of that investigation presented to the Board. If the Board determines the facts are not sufficient to support an alleged violation, the complainant will be notified, and the complaint dismissed.

120-11.2. Formal Complaint and Hearing.

When the Board determines that sufficient facts exist to support an alleged violation, the Board through its legal counsel will provide thirty (30) days' notice to the complainant and the respondent or their counsel and schedule a hearing before the Board. The complainant and respondent and their counsel, and Board's legal counsel, will have the right to appear before the Board at such hearing, submit briefs and be heard in oral argument. The Department of Labor, Licensing and Regulation's legal department will present the case for the complainant before the Board. Thereafter, the Board will file a final certified report of its findings of fact, conclusions of law, and disciplinary action to be taken and will notify the complainant and the respondent or their counsel of such action.

(A) The Board may either dismiss the complaint or find the respondent guilty of misconduct meriting a specified sanction.

(B) A decision of the Board to revoke, suspend or otherwise restrict a license, or to limit or otherwise discipline persons engaging in the practice of veterinary medicine or animal health technology, will require a majority vote of the members of the Board.

(C) A decision by the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee, or one who is found to be practicing veterinary medicine or animal health technology in noncompliance with this chapter will not become effective until the tenth day following the date of delivery to the respondent of a written copy of the decision unless otherwise ordered by the Board. The Board's decision will constitute a final administrative decision.

120-11.3. Appeal of Decision.

The Board's final administrative decision will be subject to appeal to the Administrative Law Judge, which will hear the matter upon petition filed by the respondent with the court and served upon the Board within thirty days from the date of delivery of the Board's decision to the licensee. Service of a petition for a review of the decision will not stay the Board's decision pending completion of the appellate process.

120-11.4. Proceedings Confidential Until Filed.

Unless and until otherwise ordered by this board, all proceedings and documents relating to complaints and hearings thereon and to proceedings in connection therewith will be confidential, unless the respondent shall in writing request that they be public. The administrator of the board will keep secure in the board's offices all written records and documents pertaining to disciplinary procedures.

120-11.5. Docket of Complaints.

The administrator of the board will keep a docket of each complaint and all proceedings thereon, and the same will be retained permanently as a part of the records of the board.

ARTICLE 12.

FEES

120-12.1. Fees.

Fees required for individual applications, examinations, renewal of license are payable in advance to the South Carolina Board of Veterinary Medical Examiners. The fees currently established and published by the Board are:

Veterinarian

(1) Application for license $100.00

(2) Temporary permit $100.00

(3) Temporary intern permit $ 50.00

(4) License renewal by December 31 $ 50.00

(5) Lapsed license:

(a) Less than 12 months $100.00

(b) more than 12 months but less than 2 years $200.00

(c) more than 2 years but less than 3 years $300.00

(d) more than 3 years Apply for new license

(6) Duplicate license $ 15.00

(7) Administration Fee $ Reserved

(8) License verification $ 5.00

Animal Health Technician

(1) Application for license $ 25.00

(2) Temporary permit $ 10.00

(3) License renewal by December 31 $ 20.00

(4) Lapsed license:

(a) Less than 12 months $ 25.00

(b) more than 12 months but less than 2 years $ 50.00

(c) more than 2 years but less than 3 years $ 75.00

(d) more than 3 years Apply for new license

(5) Duplicate license $ 10.00

(6) Administration Fee $ Reserved

(7) License verification $ 5.00