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South Dakota

South Dakota Codified Laws. Title 36. Professions and Occupations. Chapter 36-12. Veterinarians.

Statute Details
Printable Version
Citation: S D C L 36-12-1 - 29

Citation: SD ST 36-12-1 - 29


Last Checked by Web Center Staff: 12/2013

Summary:  

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.



Statute in Full:

Scope of Veterinary Practice Provisions

36-12-1. Acts constituting practice of veterinary medicine

36-12-2. Persons not considered engaged in practice of veterinary medicine

36-12-2.1. Repealed by SL 1993, ch 280, s 1

Board of Veterinary Examiners Provisions

36-12-3. Board of examiners appointed--Qualifications of members--Terms of office

36-12-4. Period of practice required for appointment to board

36-12-5. Repealed by SL 2005, ch 199, s 37

36-12-5.1. Lay member of board--Appointment and term of office

36-12-6. Removal of board member

36-12-7. Filling of vacancies on board

36-12-8. Annual meeting and election of officers

36-12-8.1. Executive secretary--Duties--Bond--Limitation on board's expenditures

36-12-9. Quorum of board

36-12-9.1. Board continued within Department of Agriculture--Records and reports

36-12-10. Records kept by secretary of board

36-12-11. Fees used to pay expenses

License to Practice Veterinary Medicine Provisions

36-12-12. Application for license to practice as veterinarian--Educational requirement--Fee--Promulgation of rules by board

36-12-13. Notice and scope of examination of applicants

36-12-14. Issuance of licenses to qualified applicants

36-12-15. Licensing on certification from another state--Determination of standards in other states--Fee

36-12-16. Continuing validity of previously issued certificates--Recording of names

36-12-17. Temporary student permits

36-12-18. Temporary permits to applicants awaiting examination

36-12-18.1. Temporary permits to certain graduates of nonaccredited colleges--Practice under supervision--Duration of permit

36-12-19. Registration certificate required—Fee

36-12-19.1. Continuing education requirement--Waiver--Promulgation of rules

36-12-19.2. Maximum length of study--Attendance at course of study certified

36-12-20. Forfeiture of license for failure to secure certificate--Restoration after forfeiture

36-12-21. Display of license and annual certificate in office

Veterinary Technician Provisions

36-12-21.1. Employment of technicians authorized--Registration required

36-12-21.2. Qualifications of technicians provided by rules and regulations

36-12-21.3. Application for registry of technician--Contents--Fee

36-12-21.4. Issuance of certificate for technician--Posting

36-12-21.5. Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate

36-12-21.6. Supervision of technician by veterinarian

36-12-21.7. Maintenance of separate office prohibited to technician

36-12-21.8. Veterinarian's responsibility for technician's acts

Revocation of Licenses and Disciplinary Provisions

36-12-22. Grounds for refusal, suspension, or revocation of license and certificate

36-12-22.1. Revocation of technician's registration

36-12-23. Statement preferring charges against licensee

36-12-24. Procedure on revocation or suspension of license

36-12-25. Judicial review on revocation of license

36-12-26. Reinstatement after revocation of license

36-12-27. Unauthorized practice of veterinary medicine as misdemeanor

36-12-28. Injunction to prevent unauthorized practice--Employment of counsel--Election of remedies

36-12-29. Severability of provisions

 

 

36-12-1. Acts constituting practice of veterinary medicine

Any person shall be deemed in the practice of veterinary medicine who represents himself as or is engaged in the practice of veterinary medicine in any of its branches either directly or indirectly, or uses any words, titles, or letters, to title so as to signify that he is a veterinarian, or who for a fee diagnoses, prescribes or administers any drug, medicine, appliance, application, or treatment of whatever nature, or performs a surgical operation or manipulation, or conducts any autopsy or biopsy, for the prevention, cure, or relief of a pain, deformity, wound, fracture, or bodily injury, or physical condition or disease of animals, and the term animals as used in this section shall mean all animals other than man, except that this section shall not be applicable to the advertising or the sale of foods and medicines used in commercial feeds for the prevention of livestock diseases.

Source: SDC 1939, § 40.0201; SL 1961, ch 201, § 16.

 

36-12-2. Persons not considered engaged in practice of veterinary medicine

The following persons shall not be considered to be engaging in the practice of veterinary medicine in this state:

(1) Those who administer to livestock, title of which rests in himself, or in his regular employer, or free service in any case;

(2) Those who conduct experimentation in scientific research in the development of methods, technics, or treatment, directly or indirectly applicable to the problems of medicine and who in connection therewith uses animals;

(3) Services to poultry in its entirety;

(4) Regular students in a legally chartered and recognized college of veterinary medicine, while in the performance of studies and acts assigned by their instructors;

(5) Those who are licensed in another state of the United States when engaged

in this state in consultation with veterinarians legally practicing herein, providing such consultation does not exceed thirty days in any one year;

(6) Those who are senior students in an approved school of veterinary medicine and who shall obtain from the Board of Veterinary Medical Examiners an undergraduate permit to practice in the office and under the direct supervision of any veterinarian practicing within this state;

(7) Those who are employees of the State of South Dakota or the United States of America while in the performance of their duties as such employee;

(8) Those selling drugs, medicines, household remedies, or appliances at wholesale or retail and advising as to the use and purpose of such drugs, medicines, household remedies, or appliances;

(9) Veterinary livestock assistants registered by the State Board of Veterinary Medical Examiners who work under the supervision of a veterinarian licensed in the State of South Dakota to perform spaying of cattle and administration of biologics and pharmaceuticals under the order of their supervising veterinarians. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 for the registration of veterinary livestock assistants.

Source: SDC 1939, § 40.0201; SL 1961, ch 201, § 17; SL 1963, ch 242; SL 2001, ch 202, § 1.

 

36-12-2.1. Repealed by SL 1993, ch 280, § 1

HISTORICAL AND STATUTORY NOTES

The repealed section related to registered veterinary assistant exempt when employed by veterinarian.

 

36-12-3. Board of examiners appointed--Qualifications of members--Terms of office

The Governor shall appoint a State Board of Veterinary Medical Examiners which shall include three veterinarians. Each veterinarian shall be a graduate from a college authorized by law to confer degrees of veterinary medicine with educational standards equal to those approved by the American Veterinary Medical Association, and each veterinarian shall be licensed and registered under this chapter and actively engaged in the practice of veterinary medicine in the state for a period of five years preceding the appointment. Appointments shall be made for the term of three years. No member of this board may serve more than three full terms. The appointment of a person to an unexpired term is not considered a full term.

Source: SL 1961, ch 201, § 1; revised pursuant to SL 1973, ch 2, § 58; SL 2005, ch 199, § 36.

 

36-12-4. Period of practice required for appointment to board

Except as provided by § 36-12-5.1, no one shall be eligible for appointment to the State Board of Veterinary Medical Examiners who has not actively engaged in the practice of veterinary medicine in the State of South Dakota for a period of five years immediately prior to his appointment.

Source: SL 1961, ch 201, § 2; revised pursuant to SL 1973, ch 2, § 58.

 

36-12-5. Repealed by SL 2005, ch 199, § 37

HISTORICAL AND STATUTORY NOTES

The repealed section, which related to nominations and certification for appointments to the board and appointment in absence of nominations, was derived from SL 1961, ch 201, § 1; revised pursuant to SL 1973, ch 2, § 58.

 

36-12-5.1. Lay member of board--Appointment and term of office

The membership of the Board of Veterinary Medical Examiners shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.

Source: SL 1973, ch 2, § 58.

 

36-12-6. Removal of board member

The Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of neglect of duty or for corrupt conduct in office or any other misfeasance or malfeasance in office.

Source: SL 1961, ch 201, § 3; SL 2005, ch 199, § 38.

 

36-12-7. Filling of vacancies on board

If any vacancy occurs among the veterinarians on the State Board of Veterinary Medical Examiners due to resignation, death, removal from the state, or suspension as provided in this chapter, or for any other reason, the Governor shall fill such vacancy from the roster of licensed veterinarians within the state until the next succeeding October thirty-first. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Credits

Source: SL 1961, ch 201, § 4; revised pursuant to SL 1973, ch 2, § 58; SL 2012, ch 16, § 22; SL 2013, ch 176, § 15. 

 

36-12-8. Annual meeting and election of officers

The State Board of Veterinary Medical Examiners shall by rule provide for an annual meeting. At such meeting the board shall elect a president, vice-president, and secretary, who shall have the duties hereinafter set forth in this chapter.

Source: SL 1961, ch 201, §§ 5, 15; SL 1975, ch 237, § 1; SL 1989, ch 326, § 1.

 

36-12-8.1. Executive secretary--Duties--Bond--Limitation on board's expenditures

The Board of Veterinary Medical Examiners may employ an executive secretary who shall have such duties as may be provided by resolution of the Board of Examiners. The board may expend the necessary funds for an office, furniture, fixtures, supplies, and administrative services. The board may require the executive secretary to furnish a bond for faithful performance of duties in such sum as the board may from time to time direct. No expenses may be incurred by the board in excess of the accumulated revenue available to the board at the time the expense is incurred.

Source: SL 1986, ch 313, § 8; SL 1989, ch 326, § 2; SL 1993, ch 279, § 1.

 

36-12-9. Quorum of board

A quorum of the Board of Veterinary Medical Examiners shall consist of three members and such quorum shall be sufficient to conduct the proceedings of the board set forth in this chapter.

Source: SL 1961, ch 201, § 5; SL 1975, ch 237, § 2.

 

36-12-9.1. Board continued within Department of Agriculture--Records and reports

The Board of Veterinary Medical Examiners shall continue within the Department of Agriculture, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of agriculture, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (t); SL 2003, ch 272, § 33.

COMMISSION NOTE

SL 2003, ch 272, § 33 (Executive Reorganization 03-1) transferred the Board of Veterinary Medical Examiners and its functions to the Department of Agriculture, and provided that the Secretary of the Department of Agriculture assume the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Veterinary Medical Examiners.

 

36-12-10. Records kept by secretary of board

The secretary of the Board of Veterinary Medical Examiners shall keep a permanent record of all parties licensed to practice veterinary medicine in the State of South Dakota, the names of applicants for licensure, the minutes of all meetings held by the board, and a current list of those to whom the annual registration certificates have been issued.

Source: SL 1961, ch 201, § 5.

 

36-12-11. Fees used to pay expenses

All fees set forth under this chapter shall be paid to the secretary of the Board of Veterinary Medical Examiners and shall be kept by the board to pay its necessary expenses, including the paying of any help required by the board in performing its functions as set forth in this chapter, and including payment to the members of the board for their compensation and reimbursement of expenses provided by law.

Source: SL 1961, ch 201, § 15.

 

36-12-12. Application for license to practice as veterinarian--Educational requirement--Fee--Promulgation of rules by board

Any person who is over the age of eighteen years desiring to begin the practice of veterinary medicine or veterinary surgery in the State of South Dakota shall make application to the Board of Veterinary Medical Examiners for license to do so. The application shall be made on a form furnished by the board and shall be accompanied by evidence that the applicant has graduated in and received a degree from an accredited or approved college of veterinary medicine, holds a current certificate issued by the American Veterinary Medical Association Education Commission for foreign veterinary graduates, or holds a certificate from the Program for Assessment of Veterinary Education Equivalence from the American Association of Veterinary State Boards, indicating that the applicant has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine. Every person applying to the board for license to practice shall pay to the board a fee, not to exceed one hundred dollars, which shall become a part of the funds of the treasury of the board.

The board shall promulgate rules pursuant to chapter 1-26 to set the application for licensure fee and establish the educational training, reciprocity, discipline, and examination standards for the licensure for the practice of veterinary medicine and veterinary technicians. Application fees for veterinarians may not exceed one hundred dollars and application fees for veterinary technicians may not exceed twenty-five dollars.

CREDIT(S)

Source: SDC 1939, § 40.0207; SL 1961, ch 201, § 6; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 34; SL 1986, ch 313, § 3; SL 1993, ch 279, § 2; SL 2008, ch 191, § 28; SL 2010, ch 191, § 1.

 

36-12-13. Notice and scope of examination of applicants

The Board of Veterinary Medical Examiners shall give five days' notice of examination to all parties filing application forms as provided in § 36-12- 12 by mailing to such applicants at their last known post office address the time and place of examination, and at such time and place the board shall proceed to examine by either oral, written, or practical examination each applicant, or by a combination of oral, written, or practical examination to determine and ascertain the professional qualifications for license of all applicants under this chapter, and shall examine the applicant as to his moral character and fitness to practice veterinary medicine within the State of South Dakota.

Source: SDC 1939, § 40.0207; SL 1961, ch 201, § 7.

 

36-12-14. Issuance of licenses to qualified applicants

Within a reasonable time after examining applicants for licensing under this chapter, the Board of Veterinary Medical Examiners shall issue licenses to all parties found duly qualified therefor and such licenses shall be signed by the president and secretary of the board.

Source: SDC 1939, § 40.0207; SL 1961, ch 201, § 8.

 

36-12-15. Licensing on certification from another state--Fee

The Board of Veterinary Medical Examiners, without examination, may issue a license to practice veterinary medicine to a citizen of the United States or a resident of South Dakota who has been actively engaged in such profession in some other state, territory, or the District of Columbia, upon the certificate of the proper licensing authority of that state, territory, or the District of Columbia, certifying that the applicant is duly licensed, that his license has never been suspended or revoked, and that in so far as records of that authority are concerned, the applicant is entitled to its endorsement. The state, territory, or District of Columbia from which the applicant comes shall have and maintain standards regulating the profession at least equal to those maintained in the profession in South Dakota. In order that the board may determine such standards, the secretary of the examining board shall gather information from other states bearing on this point. Such license shall only be issued to those filing application with the secretary of the board accompanied by a fee not to exceed twenty-five dollars. The fee shall be set by the board by rule promulgated pursuant to chapter 1-26.

CREDIT(S)

Source: SDC 1939, § 40.0205; SL 1961, ch 201, § 9; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 191, § 29
.

 

36-12-16. Continuing validity of previously issued certificates--Recording of names

All registration certificates to practice veterinary medicine issued prior to July 1, 1961, pursuant to the laws of the State of South Dakota shall be deemed to be a license issued under this chapter, and the secretary of the Board of Veterinary Medical Examiners shall record the names of all parties to whom such registration certificates were issued along with those to whom licenses are issued after such date.

Source: SL 1961, ch 201, § 10.

 

36-12-17. Temporary student permits

The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to senior students who practice in the office of, and under the direct supervision of a veterinarian entitled to practice veterinary medicine in this state, which temporary permit shall not exceed four months from its date of issuance.

Source: SL 1961, ch 201, § 18 (a).

 

36-12-18. Temporary permits to applicants awaiting examination

The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to those who have graduated from and received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American Veterinary Medical Association, and notify the board of their intention to apply for a license at the next meeting of the board in which examinations are conducted and who submit with such notice of intention evidence of the degree which they have received and evidence of their good moral character, which temporary certificate shall not exceed the next issuance of licenses by the board. The board is not required to issue an additional temporary certificate to a person who has failed an examination given by the board.

Source: SL 1961, ch 201, § 18 (b); SL 1993, ch 279, § 3.

 

36-12-18.1. Temporary permits to certain graduates of nonaccredited colleges--Practice under supervision--Duration of permit

The secretary of the Board of Veterinary Medical Examiners shall issue a temporary permit to a graduate of a nonaccredited college of veterinary medicine who has completed the fourth year of study at an accredited college, has successfully passed the national exam defined in rules promulgated by the board pursuant to chapter 1-26, and has enrolled in the Educational Committee for Foreign Veterinary Graduates program. The holder of a temporary permit under this section shall practice under the supervision of a veterinarian licensed in South Dakota. Temporary permits issued under this section are valid until the permittee obtains Educational Committee for Foreign Veterinary Graduates certification or for a maximum of two years from the date of issue.

Source: SL 2001, ch 203, § 1.

 

36-12-19. Registration certificate required--Fee

Each person licensed by the Board of Veterinary Medical Examiners to practice veterinary medicine in this state shall procure from the secretary of the board on or before July first, on a biennial basis, a certificate of registration. Such certificate shall be issued by the secretary upon payment of a fee set by the board, by rule, promulgated pursuant to chapter 1-26, not to exceed the sum of two hundred dollars. No licensed person applying for a certificate of registration after July first may be issued a certificate without paying a late fee not to exceed one hundred dollars.

CREDIT(S)

Source: SDC 1939, § 40.0203; SL 1957, ch 201; SL 1961, ch 201, § 11; SL 1975, ch 237, § 3; SL 1986, ch 313, § 4; SL 2008, ch 191, § 30
.

 

36-12-19.1. Continuing education requirement--Waiver--Promulgation of rules

All registered veterinarians licensed pursuant to this chapter shall complete annual courses of study in subjects related to the practice of veterinary medicine. The Board of Veterinary Medical Examiners may, however, waive the continuing education requirement in the case of a certified illness, undue hardship, or for veterinarians not engaged in acts constituting the practice of veterinary medicine as defined in § 36-12-1. The board may promulgate rules pursuant to chapter 1-26 to govern the minimum amount and type of continuing education in veterinary medicine to be required annually of each licensed veterinarian seeking renewal of registration pursuant to § 36-12-19.

CREDIT(S)

Source: SL 1979, ch 258, §§ 1 to 3; SL 2010, ch 192, § 1.

 

36-12-19.2. Maximum length of study--Attendance at course of study certified

The length of study required by § 36-12-19.1 may be prescribed by the Board of Veterinary Medical Examiners pursuant to § 36-12-19.1 but may not exceed twenty-four hours in any calendar year. Attendance at any course of study is to be certified by the board upon a form provided by the board. This form shall be submitted by each registered veterinarian at the time he makes application for renewal of his license pursuant to § 36-12-19. Only attendance at courses approved by the board are certifiable. The board may not require a greater number of hours of study than are available within this state.

Source: SL 1979, ch 258, § 3.

 

36-12-20. Forfeiture of license for failure to secure certificate-- Restoration after forfeiture

Failure of a person licensed by the Board of Veterinary Medical Examiners to secure a certificate of registration shall constitute a forfeiture of a license held by such person. However, any person who has forfeited his license for a period of less than four years may have the license restored to him by making application to the secretary of the board for issuance of a certificate and by payment of the biennial registration fee. If a person has forfeited his certificate of registration for a period of four years or more, the board may restore said certificate of registration to him by the applicant making a written application for licensure on a form prescribed by the board, the payment of a reinstatement fee in the amount of one hundred dollars and by payment of the biennial registration fee.

Source: SL 1961, ch 201, § 11; SL 1986, ch 313, § 5.

 

36-12-21. Display of license and annual certificate in office

No person shall practice veterinary medicine in the State of South Dakota without possessing and displaying prominently in his or her principal office a license and a current and valid certificate of registration issued pursuant to the provisions of this chapter.

Source: SDC 1939, § 40.0204; SL 1961, ch 201, § 12.

 

36-12-21.1. Employment of technicians authorized--Registration required

Any veterinarian licensed to practice veterinary medicine in the State of South Dakota may use the services of one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered by the board as provided by §§ 36-12-21.3 and 36-12-21.4 and while registered and employed by a licensed veterinarian are not considered to be engaged in the practice of veterinary medicine.

CREDIT(S)

Source: SL 1973, ch 245, §§ 1, 3; SL 1986, ch 313, § 6; SL 1993, ch 280, § 2; SL 2008, ch 194, § 1
.

 

36-12-21.2. Qualifications of technicians provided by rules and regulations

Veterinary technicians provided for in § 36-12-21.1 shall possess qualifications as provided in rules promulgated pursuant to chapter 1-26 by the South Dakota State Board of Veterinary Medical Examiners. In addition to specifying the initial qualification requirements, the rules shall require that veterinary technicians complete courses of study in subjects related to veterinary technology. The rules shall govern the minimum amount and type of continuing education in veterinary technology to be completed by each veterinary technician seeking registration renewal pursuant to § 36-12- 21.5. The board may waive the continuing education requirement or a portion of it in the case of illness or undue hardship.

Source: SL 1973, ch 245, § 2; SL 1993, ch 280, § 3; SL 1998, ch 227, § 1.

 

36-12-21.3. Application for registry of technician--Contents--Fee

An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the application shall be on forms provided by the board. The fee for registration of a veterinary technician shall be established by the State Board of Veterinary Medical Examiners in rules promulgated pursuant to chapter 1-26 and may not exceed fifty dollars. The fee shall accompany the application.

CREDIT(S)

Source: SL 1973, ch 245, § 3; SL 1993, ch 280, § 4; SL 2008, ch 194, § 2.

 

36-12-21.4. Issuance of certificate for technician--Posting

The board shall issue a registration certificate for each veterinary technician registered with the board. The certificate shall state the name of the licensed veterinarian by whom such technician is employed and the year of registration. The registration certificate shall be posted in the office of the licensed veterinarian.

Source: SL 1973, ch 245, § 3 (4); SL 1993, ch 280, § 5.

 

36-12-21.5. Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate

The registration certificate of a veterinary technician shall be renewed each year by procuring a renewal certificate from the board on or before the first day of July of each year. The fee for renewal of the certificate shall be set by the board, by rule, promulgated pursuant to chapter 1-26, and may not exceed the sum of five dollars. Failure to renew a certificate on or before July first of each year constitutes a forfeiture of the registration certificate.

CREDIT(S)

Source: SL 1973, ch 245, § 4; SL 1993, ch 280, § 6; SL 2008, ch 191, § 31.

 

36-12-21.6. Supervision of technician by veterinarian - Promulgation of rules

A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms direction and supervision.

CREDIT(S)

Source: SL 1973, ch 245, § 5; SL 1993, ch 280, § 7; SL 2008, ch 194, § 3
.

 

36-12-21.7. Maintenance of separate office by technician prohibited

A veterinary technician registered under §§ 36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom the technician is employed.

CREDIT(S)

Source: SL 1973, ch 245, § 6; SL 1993, ch 280, § 8; SL 2008, ch 194, § 4.

 

36-12-21.8. Veterinarian's responsibility for technician's acts

The licensed veterinarian by whom a registered veterinary technician is employed is responsible for the acts of the technician, and nothing in this chapter relieves the employer of the ordinary duties and responsibilities of the acts or conduct of the employee.

Source: SL 1973, ch 245, § 7; SL 1993, ch 280, § 9.

 

36-12-22. Grounds for refusal, suspension, or revocation of license and certificate

The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26, either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds:

(1) Fraud or deception in procuring the license;

(2) The publication or use of any untruthful or improper statement, or representation, with a view of deceiving the public, or any client or customer in connection with the practice of veterinary medicine;

(3) Habitual intemperance in the use of intoxicating liquors, or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs; or entry of a plea of guilty to, or nolo contendere to, or conviction of a

violation of any federal or state law relating to controlled drugs or substances;

(4) Immoral, unprofessional, or dishonorable conduct manifestly disqualifying the licensee from practicing veterinary medicine;

(5) Malpractice, including failure to furnish to the board, upon written application by it, any report or information relating thereto;

(6) The employment of an unlicensed person to perform work which under this chapter can lawfully be done only by persons licensed to practice veterinary medicine;

(7) Fraud or dishonest conduct in applying or reporting diagnostic biological tests or in issuing health certificates;

(8) Failure to keep one's premises in a reasonably clean and sanitary condition and failure to use reasonably sanitary methods in the practice of veterinary medicine;

(9) The use, prescription, or sale of any veterinary prescription drug in the absence of a valid veterinary client-patient relationship;

(10) Professional incompetence which constitutes a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a veterinarian in at least a reasonably effective way.

Source: SDC 1939, § 40.0206; SL 1961, ch 201, § 13; revised pursuant to SL 1972, ch 15, § 4; SL 1993, ch 279, § 4; SL 2001, ch 204, § 1; SL 2005, ch 199, § 39.

 

36-12-22.1. Revocation of technician's registration

The registration of any veterinary technician may be revoked for any cause set out in § 36-12-22 providing for revocation of the license of a veterinarian or for violation of any provisions of §§ 36-12-21.1 to 36-12-21.8, inclusive, or the rules of the board, and such revocation shall be in the same manner as provided in chapter 1-26 and this chapter for revocation of the license of a veterinarian.

Source: SL 1973, ch 245, § 8; SL 1993, ch 280, § 10.

 

36-12-23. Statement preferring charges against licensee

Any person may prefer charges as set forth in § 36-12-22 by filing with the Board of Veterinary Medical Examiners in writing a sworn statement setting forth the specific charges upon which complaint is made.

Source: SL 1961, ch 201, § 13; revised pursuant to SL 1972, ch 15, §§ 3, 4.

 

36-12-24. Procedure on revocation or suspension of license

All proceedings relative to the revocation or suspension of a license, or relative to reissuing a license which has been revoked shall only be held when a majority of the members of the Board of Veterinary Medical Examiners are present at such hearings. Such proceedings shall be in compliance with chapter 1-26.

Source: SL 1961, ch 201, § 14; revised pursuant to SL 1972, ch 15, § 4.

 

36-12-25. Judicial review on revocation of license

Any person whose license has been revoked by the Board of Veterinary Medical Examiners is entitled to judicial review as provided by chapter 1-26.

Source: SL 1961, ch 201, § 13; revised pursuant to SL 1972, ch 15, § 4.

 

36-12-26. Reinstatement after revocation of license

Any person whose license has been revoked may apply to the Board of Veterinary Medical Examiners for reinstatement and relicense, and if the board is satisfied that such conduct will be discontinued may reissue a license to such person.

Source: SL 1961, ch 201, § 13.

 

36-12-27. Unauthorized practice of veterinary medicine as misdemeanor

Any person engaging in the practice of veterinary medicine for which a license and registration certificate is required without such license or registration certificate, or without a temporary permit to do so, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, §§ 40.0202, 40.9902; SL 1961, ch 201, § 19; SL 1977, ch 190, § 174.

 

36-12-28. Injunction to prevent unauthorized practice--Employment of counsel--Election of remedies

Any citizen of this state may bring an action in circuit court for an injunction to restrain anyone practicing veterinary medicine without a license and registration certificate as required by this chapter. The Board of Veterinary Medical Examiners may bring action for such injunctive relief and are authorized to employ counsel from their treasury for such purpose. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.

Source: SL 1961, ch 201, § 20; revised pursuant to SL 1972, ch 15, § 4.

 

36-12-29. Severability of provisions

If any section, subsection, sentence, or word of this chapter shall be determined by a court of competent jurisdiction to be unconstitutional or inoperative, it shall not affect the remaining portions of this chapter.

Source: SL 1961, ch 201, § 21.

 

 



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