As used in this chapter, unless the context otherwise requires: 1. "Accepted livestock management practice" means a procedure that is commonly performed as part of the routine management of livestock which includes vaccination, implantation of growth hormones, branding, castration, dehorning, docking, earmarking, semen collection, nonsurgical artificial insemination, and assisting in a nonsurgical birthing process. 2. "Animal" means a member of the animal kingdom other than a human being whether living or dead. 3. "Approved college of veterinary medicine" means a 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 an accrediting entity approved by the board, if the entity is nationally recognized and develops and maintains accreditation standards for veterinary education. 4. "Approved program in veterinary technology" means any postsecondary educational program that offers a degree in veterinary technology or its equivalent and has been approved by the board by rule. 5. "Board" means the board of veterinary medical examiners. 6. "Client" means the patient's owner, owner's agent, or other individual presenting the patient for care. 7. "Complementary, integrative, and alternative therapies" means a heterogeneous group of preventative, diagnostic, and therapeutic philosophies and practices not considered part of conventional veterinary medicine practiced by most veterinarians. 8. "Consent" means the veterinarian has informed the client of the diagnostic and treatment options, risk assessment, and prognosis, and the client has authorized the recommended services. 9. "Consultation" means advice or assistance received by a veterinarian in person, or by any method of communication, from a veterinarian or other individual whose expertise, in the opinion of the veterinarian, would benefit a patient. 10. "Direct supervision" means supervision by a veterinarian who is readily available on the premises where the patient is being treated and has assumed responsibility for the veterinary care given to the patient by an individual working under the direction of the veterinarian. 11. "Foreign practitioner" has the same meaning as defined under section 43-51-01. 12. "Immediate supervision" means supervision by a veterinarian who is in the immediate area and within audible and visual range of the patient and the individual treating the patient and has assumed responsibility for the veterinary care given to the patient by an individual working under the direction of the veterinarian. 13. "Impaired veterinarian" means a veterinarian who is unable to practice veterinary medicine with reasonable skill and safety because of a physical or mental disability or the use of alcohol, drugs, or other habit-forming chemicals. 14. "Impaired veterinary technician" means a veterinary technician who is unable to practice veterinary technology with reasonable skill and safety because of a physical or mental disability or the use of alcohol, drugs, or other habit-forming chemicals. 15. "Indirect supervision" means the supervision by a veterinarian who is not on the premises where the patient is being treated but has given written or oral instructions for the treatment of the patient, is readily available for communication, and has assumed responsibility for the veterinary care given to the patient by an individual working under the direction of the veterinarian.
16. "Jurisdiction" means any commonwealth, state, or territory of the United States of America, including the District of Columbia, or any province of Canada. 17. "Patient" means an animal or group of animals examined or treated by a veterinarian. 18. "Practice of veterinary medicine" means the: a. Diagnosis, prognosis, correction, supervision, recommendation, or performance of any medical or surgical treatment, including complementary, integrative or alternative therapies, for the diagnosis, prevention, cure, or relief of a wound, disease, deformity, defect, fracture, bodily injury, dental, physical, behavioral, or mental condition of an animal; b. Prescription, distribution, or administration of a drug, medicine, anesthetic, biologic, appliance, apparatus, application, or treatment to an animal; c. Provision of any manual or mechanical procedure for the diagnosis or treatment of pregnancy, sterility, or infertility of an animal; d. Determination of the health, fitness, or soundness of an animal; e. Representation of oneself, directly or indirectly, as engaging in the practice of veterinary medicine; or f. Use of any title, word, abbreviation, or letter in a manner or under circumstances that induce the belief that the individual using such title is authorized to practice veterinary medicine under this chapter. 19. a. "Practice of veterinary technology" means the: (1) Provision of professional medical care, monitoring, or treatment on the basis of written or oral instructions from a veterinarian; (2) Representation of oneself, directly or indirectly, as engaging in the practice of veterinary technology; or (3) Use of any title, word, abbreviation, or letter in a manner or under circumstances inducing the belief the individual using such title is authorized to practice veterinary technology under this chapter. b. This section may not be construed to permit a veterinary technician to do the following: (1) Surgery, except when acting as a surgical assistant to a veterinarian; (2) Diagnose; (3) Prognose; or (4) Prescribe. 20. "State board examination" means the jurisprudence examination administered by the board. 21. "Supervising veterinarian" means a veterinarian who has a valid veterinarian-client- patient relationship and assumes responsibility for the veterinary care provided to the patient by an individual working under the direction of the veterinarian. 22. "Teleadvice" means the provision of any health information, opinion, or guidance that is not specific to a particular animal's health, illness, or injury and is not intended to diagnose, prognose, or treat an animal. 23. "Telehealth" means the use of technology to gather and deliver health information, advice, education, or patient care remotely. 24. "Teletriage" means electronic communication with the client to determine urgency and need for immediate referral to a veterinarian. 25. "Veterinarian" means an individual who is licensed to practice veterinary medicine under this chapter. 26. "Veterinarian-client-patient relationship" means a relationship in which the veterinarian has assumed responsibility for making medical judgments regarding the health of a patient and the client has agreed to follow the instructions of the veterinarian. 27. "Veterinary medicine" includes all branches or specialties of veterinary medicine. 28. "Veterinary premises" means any premises or facility where the practice of veterinary medicine is performed but may not include the premises of a client, research facility, military base, or an approved college of veterinary medicine. 29. "Veterinary technician" means an individual who is licensed to practice veterinary technology under this chapter.
30. "Veterinary technology" includes all branches or specialties of veterinary technology. 31. "Veterinary telemedicine" means the virtual practice of veterinary medicine over the telecommunications infrastructure.
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 veterinary 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 - Duties of board - Rules - Fees. 1. The board shall elect a president and a vice president. The board shall hold meetings semiannually for the approval of applicants for licensure. 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 must be present to conduct the business and proceedings of the board. 2. 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, veterinary technology, and veterinary telemedicine, including to: a. Establish standards for professional conduct and inspection of veterinary premises; b. Establish requirements for granting of licenses and temporary licenses;
c. Establish requirements for renewal of licenses and continuing education; d. Prepare application forms for licensure and renewal; e. Administer the state board examination for qualified applicants; f. Obtain the services of professional examination agencies to administer national examinations; and g. Issue, suspend, revoke, or place on probationary status licenses and temporary licenses as provided in this chapter. 3. All rules must be submitted to the attorney general in accordance with chapter 28-32. 4. The board shall set the following by rule: a. Application fee; b. License fee; c. Temporary license fee; d. Renewal fee; e. Late renewal fee; and f. Continuing education fee.