GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2022-67
SENATE BILL 651
AN ACT TO MAKE VARIOUS CHANGES TO THE VETERINARY PRACTICE ACT AND TO MAKE VARIOUS CHANGES TO DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BUDGET PROVISIONS IN THE 2022 BUDGET.
The General Assembly of North Carolina enacts:
SECTION 1. Article 11 of Chapter 90 of the General Statutes reads as rewritten:
"Veterinarians.
"§ 90‑181. Definitions.
When used in this Article these words and phrases shall be defined as follows:
(1) "Accredited
school of veterinary medicine" means any Accredited school of
veterinary medicine. Any veterinary college or division of a university
or college that offers the degree of doctor of veterinary medicine or its
equivalent and that conforms to the standards required for accreditation by the
American Veterinary Medical Association.
(2) "Animal"
means any Animal. Any animal, mammal other than man and includes
birds, fish, and reptiles, wild or domestic, living or dead.
(2a) "Animal
dentistry" means the Animal dentistry. The treatment, extraction,
cleaning, adjustment, or "floating" (filing or smoothing) of an
animal's teeth, and treatment of an animal's gums.
(3) "Board"
means the Board. The North Carolina Veterinary Medical Board.
(3a) "Cruelty to
animals" means to Cruelty to animals. To willfully overdrive,
overload, wound, injure, torture, torment, deprive of necessary sustenance,
cruelly beat, needlessly mutilate or kill any animal, or cause or procure any
of these acts to be done to an animal; provided, that the words "torture,"
"torment," or "cruelty" include every act, omission, or
neglect causing or permitting unjustifiable physical pain, suffering, or death.
(3b) "Impairment"
means an Impairment. An individual's inability to practice
veterinary medicine; the inability to assist in the delivery of veterinary
services as a registered veterinary technician, or the inability to perform
acts, tasks, and functions with reasonable skill and safety; and in a manner
not harmful to the public or to animals, by reason of physical or mental
illness or condition, or use of alcohol, drugs, chemicals, or any other type of
substance or material.
(4) "Limited Limited
veterinary license" license or "limited
license" means a limited license. A license issued by the
Board under authority of this Article that specifically, by its terms,
restricts the scope or areas of practice of veterinary medicine by the holder
of the limited license; provided, that no limited license shall confer or
denote an area of specialty of the holder of this limited veterinary license;
and provided further, that unless otherwise provided by Board rule, the
licensing requirements shall be identical to those specified for a veterinary
license.
(5) "Person"
means any Person. Any individual, firm, entity, partnership,
association, joint venture, cooperative or corporation, or any other group or
combination acting in concert; and whether or not acting as a principal,
trustee, fiduciary, receiver, or as any kind of legal or personal
representative, or as the successor in interest, assignee, agent, factor,
servant, employee, director, officer, or any other representative of such
person.
(6) "Practice of
veterinary medicine" means:Practice of veterinary medicine. Any
of the following:
a. To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on any animal.
b. To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in sub‑subdivision a. of this subdivision.
c. To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in sub‑subdivision a. of this subdivision.
(6a) Staff. Any person performing duties under the direction and supervision of a veterinarian.
(7) "Veterinarian"
shall mean a Veterinarian. A person who has received a doctor's
degree in veterinary medicine from an accredited school of veterinary medicine
and who is licensed by the Board to practice veterinary medicine.
(7a) "Veterinarian‑client‑patient
relationship" means that:Veterinarian‑client‑patient
relationship. Includes all of the following:
a. The veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client (owner or other caretaker) has agreed to follow the instruction 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. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal, or by medically appropriate and timely visits to the premises where the animal is kept.
c. The practicing veterinarian is readily available or provides for follow‑up in case of adverse reactions or failure of the regimen of therapy.
(7b) Veterinary consulting. When any person, whose expertise the veterinarian believes would benefit the veterinarian's patient, provides advice by any means of communication to a veterinarian at the veterinarian's direction or request. Veterinary consulting does not constitute the practice of veterinary medicine by that act alone.
(7b)(7c) "Veterinary
license" Veterinary license or "license" means a license.
A license to practice veterinary medicine issued by the Board.
(8) "Veterinary
medicine" includes Veterinary medicine. Includes veterinary
surgery, obstetrics, dentistry, and all other branches or specialties of
veterinary medicine.
(9) "Veterinary Veterinary
student intern" means a intern. A person who is
enrolled in an accredited veterinary college, has satisfactorily completed the third
second year of veterinary college education, and is registered with
the Board as a veterinary student intern.
(10) "Veterinary student preceptee" means a
person who is pursuing a doctorate degree in an accredited school of veterinary
medicine that has a preceptor or extern program, has completed the academic
requirements of that program, and is registered with the Board as a veterinary
student preceptee.
(11) "Veterinary
technician" means either Veterinary technician. Either of the
following persons:
a. A person who has successfully completed a post‑high school course in the care and treatment of animals that conforms to the standards required for accreditation by the American Veterinary Medical Association and who is registered with the Board as a veterinary technician.
b. A person who holds a degree in veterinary medicine from a college of veterinary medicine recognized by the Board for licensure of veterinarians and who is registered with the Board as a veterinary technician.
"§ 90‑186. Special powers of the Board.
In addition to the powers set forth in G.S. 90‑185 above, the Board may:
(6) Set and require fees pursuant to administrative rule. The Board may increase the following fees, provided (i) no fee shall be increased more than fifteen percent (15%) within a calendar year and (ii) the cumulative total increases of any fee shall not exceed one hundred percent (100%) of the fee amounts set in this subdivision:
d. (Contingent expiration
date See editor's note) Inspection of a veterinary practice facility in
the amount of one hundred twenty‑five fifty dollars ($125.00).($150.00).
d. (Contingent effective
date See editor's note) Inspection of a veterinary facility facility,
resulting from a serious inspection violation or as a result of the complaint, in
the amount of one hundred twenty‑five fifty dollars ($125.00).($150.00).
k. Issuance of a veterinary student preceptee
registration, in the amount of twenty‑five dollars ($25.00).
o. Issuance of a veterinary facility permit, in the amount of one hundred fifty dollars ($150.00).
The fees
set under this subdivision for the renewal of a license, a limited license, a
registration, or a certificate a certificate, or a veterinary
facility permit apply to each year of the renewal period.
"§ 90‑187.6. Veterinary technicians and veterinary
employees.staff.
(a) "Veterinary
technicians," technicians" and "veterinary student
interns," and "veterinary student preceptees," before
performing any services otherwise prohibited to persons not licensed or registered under this Article, shall be approved by and
registered with the Board. The Board shall be responsible for all matters
pertaining to the qualifications, registration, discipline, and revocation of
registration of these persons, under this Article and rules issued by the
Board.
(c) An employee Staff
under the supervision of a veterinarian may perform such duties as are required
in the physical care of animals and in carrying out medical orders as
prescribed by the veterinarian, requiring an understanding of animal science
but not requiring the professional services as set forth in G.S. 90‑181(6)a.
In addition, a veterinary technician may assist veterinarians in diagnosis,
laboratory analysis, anesthesia, and surgical procedures. Neither the employee
staff nor the veterinary technician may perform any act producing an
irreversible change in the animal. An employee, Staff
other than a veterinary technician, technician or intern, or
preceptee, may, under the direct supervision of a veterinarian, perform
duties including collection of specimen; testing for intestinal parasites;
collecting blood; testing for heartworms and conducting other laboratory tests;
taking radiographs; and cleaning and polishing teeth, provided that the employee
staff has had sufficient on‑the‑job training by a
veterinarian to perform these specified duties in a competent manner. It shall
be the responsibility of the veterinarian supervising the employee staff
to ascertain that the employee staff performs these specified
duties assigned to the employee staff in a competent manner.
These specified duties shall be performed under the direct supervision of the
veterinarian in charge of administering care to the patient.
(d) Veterinary student interns, in addition to all of the services permitted to veterinary technicians, may, under the direct personal supervision of a veterinarian, perform surgery and administer therapeutic or prophylactic drugs.
(e) Veterinary student preceptees, in addition to
all of the services permitted to veterinary technicians and veterinary student
interns, may, upon the direction of the employing veterinarian, make ambulatory
calls and hospital and clinic diagnoses, prescriptions and treatments.
(f) Any
person registered as a veterinary technician, technician or veterinary
student intern, or veterinary student preceptee, who shall practice
veterinary medicine except as provided herein, shall be guilty of a Class 1 misdemeanor, and shall also be
subject to revocation of registration. Any nonregistered veterinary employee
employed staff under subsection (c) who practices veterinary
medicine except as provided under that subsection shall be guilty of a Class 1
misdemeanor.
(g) Any veterinarian
directing or permitting a veterinary technician, intern, preceptee or other
employee staff to perform a task or procedure not specifically
allowed under this Article and the rules of the Board shall be guilty of a
Class 1 misdemeanor.
"§ 90‑187.8. Discipline of licensees.
(a) Upon complaint or
information, and within the Board's discretion, the Board may revoke or suspend
a license issued under this Article, may otherwise discipline a person licensed
under this Article, or may deny a license required by this Article in
accordance with the provisions of this Article, Board rules, and Chapter 150B
of the General Statutes. As used in this section, the word "license"
includes a license, a limited license, a veterinary faculty certificate, a zoo veterinary certificate, and a registration of a
veterinary technician, technician and a veterinary student intern,
and a veterinary student preceptee.intern.
."
SECTION 2.(a) If House Bill 103, 2021 Regular Session, becomes law, then Part XL of that act is amended by adding a new section to read:
"DACS REPAIRS AND RENOVATIONS
"SECTION 40.12. Notwithstanding G.S. 143C‑8‑13 or any provision of law to the contrary, repairs and renovations funds intended for allocation by the Office of State Budget and Management to the Department of Agriculture and Consumer Services for the 2022‑2023 fiscal year may include up to three million dollars ($3,000,000) for the purpose of renovating the restaurant facility at the Piedmont Triad Farmers Market by replacing the roof, mechanical systems, windows, and doors; renovating the building envelope; and making site drainage improvements."
SECTION 2.(b) This section becomes effective July 1, 2022.
SECTION 3.(a) If House Bill 103, 2021 Regular Session, becomes law, then Section 10.1 of that act reads as rewritten:
"SECTION 10.1. Of the funds appropriated in this
act to the Department of Agriculture and Consumer Services, the sum of five
hundred thousand dollars ($500,000) in recurring funds shall be used to provide
overtime compensation to employees of the North Carolina Forest Service who
are exempt from the Fair Labor Standards Act and are involved in fighting
forest fires for overtime earned while conducting fire suppression duties, as
defined in G.S. 106‑955, or while on‑call, as defined in
G.S. 106‑956. Notwithstanding G.S. 143C‑6‑4 and
G.S. 143C‑6‑9, these funds may be used only for the purposes
described in this section and may not be repurposed by the Department. Any
funds remaining after the overtime compensation is provided in accordance with
this section shall revert to the General Fund at the end of each fiscal
year."
SECTION 3.(b) This section becomes effective July 1, 2022.
SECTION 4. Except as otherwise provided, this act becomes effective October 1, 2022.
In the General Assembly read three times and ratified this the 1st day of July, 2022.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:11 p.m. this 8th day of July, 2022