Full Statute Name:  West's Nevada Revised Statutes Annotated. Title 54. Professions, Occupations and Businesses. Chapter 638. Veterinarians. General Provisions.

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Primary Citation:  N. R. S. 638.001 - 638.200 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  NV ST 638.001 - 638.200
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 Text: 

 

General Provisions

638.001 . Definitions

638.0015 . "Agency" defined

638.002 . "Animal" defined

638.004 . "Board" defined

638.005 . "Euthanasia technician" defined

638.007 . "Licensed veterinarian" defined

638.008 . "Practice of veterinary medicine" defined

638.009 . "School of veterinary medicine" defined

638.011 . "Veterinarian" defined

638.012 . "Veterinary medicine" defined

638.013 . "Veterinary technician" defined

638.015 . Applicability

638.017 . Service of process

638.019 . Action to collect compensation for regulated services requires proof of licensure at time of service

Nevada State Board of Veterinary Medical Examiners

638.020 . Creation; number, appointment, qualifications and removal of members

638.030 . Oaths of appointive members

638.040 . Compensation of members and employees

638.050 . Officers; employment of Executive Director

638.060 . Meetings; quorum

638.070 . Regulations; powers; employees; offices

638.073 . Administration of oaths

638.077 . Inspections

638.080 . Duties of Executive Director; deposit, use and payment of Board's money

638.085 . Fiscal year

638.087 . Records: General requirements; confidentiality of certain records of Board; exceptions

638.088 . Repealed

638.089 . Records: Additional provisions governing confidentiality and disclosure

Licensing

638.090 . Unlawful to practice without license

638.100 . Application for license; qualifications; fee; grounds for refusal of license

638.103 . Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board

638.105 . Admission to practice without examination

638.110 . Examination for license

638.116 . Euthanasia technician: Application for license; qualifications; fee

638.117 . Euthanasia technician: Examination

638.118 . Euthanasia technician: Duties upon cessation of qualified employment

638.119 . Euthanasia technician: Regulations

638.122 . Veterinary technicians: Application for license; qualifications; fee

638.123 . Veterinary technicians: Examination

638.124 . Veterinary technicians: Regulations of board; responsibility of supervising veterinarian

638.125 . Practice by veterinarians licensed by adjoining states in areas not adequately served; conditions

638.127 . Renewal of license; penalty for delinquency; examination before renewal; limitation on issuance of license by reciprocity

638.128 . Placement of license on inactive status: Application; qualifications; effect; regulations

638.129 . Removal of limitation or suspension of license; reinstatement of revoked license

638.131 . Provision of regulations to licensees

638.132 . Board to adopt regulations for licensure of facility in which veterinary medicine is practiced

638.133 . Duty to report claim for malpractice or negligence and disposition

638.134 . Duty to recommend vaccinations for zoonotic diseases; duty to provide veterinary services at level of quality required by chapter

Disciplinary Action

Grounds

638.140 . Statutory or regulatory violations; criminal offenses; improper or unlawful acts involving controlled substances; incompetence, negligence or malpractice; other grounds

638.1402 . Fraudulent acts

638.1404 . Claiming professional superiority; accepting money to cure manifestly incurable disease; participating in agreement to split fees or provide rebates in connection with referral of client without informing client of agreement

638.1406 . Allowing improper use of name; unlawful professional association; failure to report revocation of license to practice in another state, territory or district of United States

638.1408 . Failure to maintain facilities in sanitary condition; failure to maintain or alteration of records; filing false report or failing to make required report; inhumane or cruel treatment of animals

Complaints, Investigations and Summary Orders

638.1413 . Filing of complaint; investigation by Board; contents of notice sent by Executive Director

638.1416 . Physical examination of animal after filing of complaint concerning care of animal

638.1419 . Conduct of investigation

638.142 . Mental or physical examination; examination of competency to practice

638.1423 . Summary order of suspension or prohibition; hearing; investigation; order

638.1426 . Repealed

638.1429 . Procedure after investigation completed

638.144 . Issuance and enforcement of subpoenas

638.1445 . Search warrant

638.145 . Evidentiary standard for refusing to issue license or taking disciplinary action

638.146 . Repealed

638.147 . Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records

638.1471 . Issuance of citation by Board containing order of abatement or order to pay administrative fine; contents; penalty for failure to comply; regulations

638.1473 . Expenses of board; deposit of money collected or received by board or its delegate; delegation of board's authority to take disciplinary action; presentation of claim for payment of attorney's fees and cost of investigation

638.1476 . Repealed

638.1479 . Repealed

638.148 . Judicial review

Miscellaneous Provisions

638.151 . Representation of Board at hearing

638.1515 . Requirements for proof

638.152 . Immunity from civil action

638.1525 . Unlawful for licensee to provide medical assistance, treatment or counsel to human being; exception; ground for disciplinary action; suspension of license; penalty

638.1527 . Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license

Enforcement; Penalties

638.153 . Criminal prosecution not precluded by disciplinary action

638.154 . Repealed

638.155 . Injunctive relief for violations of chapter

638.1551 . Injunctive relief for unprofessional conduct

638.1555 . Allegation necessary for injunction

638.160 . Prosecution of violators by attorney general or district attorneys

638.170 . Penalties

Miscellaneous Provisions

638.200 . Donated drugs: Restrictions on reissuance; donation; immunity from liability; maintenance of records; regulations

 

General Provisions

638.001. Definitions

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 638.0015 to 638.013, inclusive, have the meanings ascribed to them in those sections.

Amended by Laws 1960, p. 410; Laws 1965, p. 364; Laws 1975, p. 1148; Laws 1985, p. 534; Laws 1989, p. 537; Laws 1995, p. 1676.

 

638.0015. "Agency" defined

"Agency" means:

1. A law enforcement agency;

2. An animal control agency; or

3. A society for the prevention of cruelty to animals which is in compliance with the provisions of chapter 574 of NRS.

Added by Laws 1995, p. 1675.

 

638.002. "Animal" defined

"Animal" excludes a human being and includes any mammal, amphibian, fowl, bird, fish or reptile, wild or domestic, living or dead.

Added by Laws 1989, p. 536. Amended by Laws 1995, p. 1676.

 

638.004. "Board" defined

"Board" means the Nevada state board of veterinary medical examiners.

Added by Laws 1989, p. 536.

 

638.005. "Euthanasia technician" defined

"Euthanasia technician" means an employee of a law enforcement agency, an animal control agency, or of a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS, who is licensed by the board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals.

Added by Laws 1989, p. 536.

 

638.007. "Licensed veterinarian" defined

"Licensed veterinarian" means a person who is licensed by the board and is on active status to practice veterinary medicine in this state.

Added by Laws 1989, p. 536. Amended by Laws 1995, p. 1676.

 

638.008. "Practice of veterinary medicine" defined

"Practice of veterinary medicine" means:

1. To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including, but not limited to:

(a) The prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique;

(b) The collection of embryos;

(c) Testing for pregnancy or for correcting sterility or infertility;

(d) Acupuncture;

(e) Dentistry;

(f) Chiropractic procedures;

(g) Surgery, including cosmetic surgery; or

(h) Rendering advice or recommendation with regard to any of these.

2. To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subsection 1.

3. 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 subsection 1, except if the person is a veterinarian.

Added by Laws 1989, p. 536. Amended by Laws 1995, p. 1676.

 

638.009. "School of veterinary medicine" defined

"School of veterinary medicine" means 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.

Added by Laws 1989, p. 537.

 

638.011. "Veterinarian" defined

"Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine.

Added by Laws 1989, p. 537.

 

638.012. "Veterinary medicine" defined

"Veterinary medicine" includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.

Added by Laws 1989, p. 537.

 

638.013. "Veterinary technicia n" defined

"Veterinary technician" means a person who is :

1. Licensed by the Board pursuant to NRS 638.122; and

2. Formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.

Added by Laws 1989, p. 536. Amended by Laws 1995, p. 1676. Substituted in revision for NRS 638.003; Laws 2003, c. 229, § 1, eff. Oct. 1, 2003.

 

638.015. Applicability

Nothing in this chapter applies:

1. To the gratuitous castrating, dehorning or vaccinating of domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof, except that all vaccinations for zoonotic diseases must be administered by a licensed veterinarian or a person under the direct supervision of a licensed veterinarian.

2. To debar any veterinarian in the employ of the United States Government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States Government or the State of Nevada, or a political subdivision thereof, upon which he is assigned.

3. To any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association who is called into the state for consultation by a person licensed to practice under this chapter for a period not to exceed 30 days in any 12-month period if he practices under the auspices of a licensed veterinarian.

4. To the giving of advice with respect to or the performance of acts which the board by rule has prescribed as accepted livestock management practices.

5. To the owner of an animal or full-time regular employee of the owner who is caring for and treating an animal which belongs to the owner unless the ownership of the animal is transferred for the purposes of circumventing this chapter, except that all vaccinations for zoonotic diseases must be administered by a licensed veterinarian or a person under the direct supervision of a licensed veterinarian.

6. To any person or agency that performs humane services for wildlife animals without charge.

7. To any person, other than a veterinarian, who renders aid, assistance or relief to an animal in an emergency without charge if he does not represent himself as holding a license to practice veterinary medicine or as holding a degree in veterinary medicine or other related field.

8. To any person, other than a veterinarian, who renders emergency paramedical services to an animal without charge during the transportation of the animal to a veterinary facility.

Amended by Laws 1960, p. 413; Laws 1965, p. 366; Laws 1983, p. 1675; Laws 1995, p. 1676.

 

638.017. Service of process

Except as otherwise provided in chapter 622A of NRS:

1. Service of process made pursuant to and all notices required by this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the veterinarian, veterinary technician or applicant for a license, at his last known address, as indicated on the records of the Board. If personal service cannot be made and if notice by mail is returned undelivered, the Executive Director of the Board shall cause a notice of the hearing or action to be published once a week for 4 consecutive weeks in a newspaper published in the county of that person's last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

2. Proof of service of process or publication of notice made pursuant to this chapter must be filed with the Executive Director and recorded in the minutes of the Board.

Added by Laws 1985, p. 1248. Amended by Laws 1995, p. 1677; Laws 2005, c. 225, § 153.

 

638.019. Action to collect compensation for regulated services requires proof of licensure at time of service

1. A person engaged in any business or profession for which a license is required pursuant to this chapter may not bring or maintain an action in any court of this state, or be awarded judgment, for the collection of compensation for the performance of any act or contract for which such a license is required without alleging and proving that he was licensed at all times during the performance of the act or contract.

2. Proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the board which establishes that the person bringing the action was licensed as required by subsection 1.

Added by Laws 1991, p. 2067.

 

Nevada State Board of Veterinary Medical Examiners

638.020. Creation; number, appointment, qualifications and removal of members - AMENDED 2013

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
 
Section 1. NRS 638.020 is hereby amended to read as follows:
 
<< NV ST 638.020 >>
 
1. The Nevada State Board of Veterinary Medical Examiners is hereby created.
2. The Board consists of seven eight members appointed by the Governor.
3. Six of the members must:
(a) Be residents of the State of Nevada.
(b) Be graduates of a veterinary college accredited by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.
4. One member must:
(a) Be a resident of the State of Nevada.
(b) Be a veterinary technician.
(c) Have been lawfully engaged in practice as a veterinary technician in the State of Nevada for at least 5 years next preceding the date of his or her appointment.
5. One member appointed by the Governor must be a representative of the general public. This member must not be:
(a) A veterinarian, a veterinary technician or a euthanasia technician; or
(b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.
5. 6. Any member may be removed from the Board by the Governor for good cause.

Former Text:

1. The Nevada State Board of Veterinary Medical Examiners is hereby created.

2. The Board consists of seven members appointed by the Governor.

3. Six of the members must:

(a) Be residents of the State of Nevada.

(b) Be graduates of a veterinary college accredited by the American Veterinary Medical Association.

(c) Have been lawfully engaged in the practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.

4. One member appointed by the Governor must be a representative of the general public. This member must not be:

(a) A veterinarian, a veterinary technician or a euthanasia technician; or

(b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.

5. Any member may be removed from the Board by the Governor for good cause.

Amended by Laws 1960, p. 411; Laws 1975, p. 1149; Laws 1977, p. 1256; Laws 1979, p. 987; Laws 1981, p. 55; Laws 1985, p. 1251; Laws 2003, c. 229, § 2, eff. Oct. 1, 2003; Laws 2003, c. 213, § 36, eff. Oct. 1, 2003.

 

638.030. Oaths of appointive members

1. Before entering upon the duties of his office, each appointed member of the board shall take the constitutional oath of office.

2. Each appointed member who is a licensed veterinarian shall make an oath that he is a graduate in veterinary medicine and legally qualified under the provisions of this chapter to practice veterinary medicine, surgery, obstetrics and dentistry in the State of Nevada.

Amended by Laws 1960, p. 411; Laws 1979, p. 987.

 

638.040. Compensation of members and employees

1. Members of the Board are entitled to receive:

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

3. Salaries and expenses may be paid only to the extent that sufficient money is received from licensees.

Amended by Laws 1963, p. 155; Laws 1975, pp. 305, 1150; Laws 1981, p. 1993; Laws 1989, p. 1701; Laws 2007, c. 507, § 30, eff. June 13, 2007.

 

638.050. Officers; employment of executive director

1. The board shall elect from its appointed members a president and vice president, who serve at the pleasure of the board.

2. The board may elect from its appointed members at least one member to act as a representative of the board at any meeting held within the state or outside the state when the board considers such representation beneficial.

3. The board shall:

(a) Employ an executive director, who shall maintain a copy of all correspondence;

(b) Adopt regulations concerning the duties and qualifications of the executive director; and

(c) At least annually, review the performance of the executive director.

Amended by Laws 1960, p. 411; Laws 1963, p. 156; Laws 1975, p. 1150; Laws 1981, p. 55; Laws 1985, p. 1251; Laws 1995, p. 1677.

 

638.060. Meetings; quorum - AMENDED 2013

Sec. 2. NRS 638.060 is hereby amended to read as follows:
 
<< NV ST 638.060 >>
 
1. The Board shall meet at least annually and on the call of the President or any four five of its members.
2. Four Five members of the Board constitute a quorum, and a quorum is necessary to conduct the business of the Board. Any action taken by the Board must be approved by at least a majority of the members present at a hearing or meeting of the Board.
Sec. 3. This act becomes effective on July 1, 2013.
Approved by the Governor May 24, 2013.

Former Text:

1. The Board shall meet at least annually and on the call of the President or any four of its members.

2. Four members of the Board constitute a quorum, and a quorum is necessary to conduct the business of the Board. Any action taken by the Board must be approved by at least a majority of the members present at a hearing or meeting of the Board.

Amended by Laws 1960, p. 412; Laws 1979, p. 987; Laws 1985, p. 1252; Laws 2003, c. 229, § 3, eff. Oct. 1, 2003.

 

638.070. Regulations; powers; employees; offices

1. The board shall adopt regulations providing an administrative fine in an amount not to exceed $500 if an applicant for a license or the renewal of a license:

(a) Intentionally or knowingly makes a false or misleading statement on his application;

(b) Knowingly fails to submit a notarized application; or

(c) Fails to inform the board of any change of information which was contained in his application.

2. The board may adopt regulations:

(a) Necessary to carry out the provisions of this chapter;

(b) Concerning the rights and responsibilities of veterinary interns and externs and graduates of schools of veterinary medicine located outside the United States or Canada;

(c) Concerning the rights and responsibilities of a veterinarian's employees who are not licensed nor working towards obtaining a license pursuant to this chapter and whose duties require them to spend a substantial portion of their time in direct contact with animals;

(d) Concerning requirements for continuing education;

(e) Establishing procedures to approve schools which confer the degree of veterinary technician or its equivalent;

(f) Concerning the disposition of animals which are abandoned or left unclaimed at the office of a veterinarian;

(g) Establishing sanitary requirements for facilities in which veterinary medicine is practiced, including, but not limited to, precautions to be taken to prevent the creation or spread of any infectious or contagious disease; and

(h) Concerning alternative veterinary medicine, including, but not limited to, acupuncture, chiropractic procedures, dentistry, cosmetic surgery, holistic medicine, and the provision of such services by a licensed provider of health care under the direction of a licensed veterinarian.

3. The board may:

(a) Employ attorneys, investigators, hearing officers for disciplinary hearings, and other professional consultants and clerical personnel necessary to the discharge of its duties;

(b) Conduct investigations and take and record evidence as to any matter cognizable by it;

(c) Maintain offices in as many localities in the state as it considers necessary to carry out the provisions of this chapter; and

(d) Purchase or rent any office space, equipment and supplies that it considers necessary to carry out the provisions of this chapter.

Amended by Laws 1963, p. 156; Laws 1975, p. 1150; Laws 1981, p. 101; Laws 1985, p. 1252; Laws 1995, p. 1678.

 

638.073. Administration of oaths

The president of the board, or in his absence, the vice president, may administer oaths in the performance of his duties.

Added by Laws 1985, p. 1251.

 

638.077. Inspections

The board, a member thereof or its authorized representative may inspect a facility in which veterinary medicine is practiced at any time during which the facility is open for business, to ensure compliance with the requirements of this chapter and the regulations of the board.

Added by Laws 1985, p. 1251.

 

638.080. Duties of executive director; deposit, use and payment of board's money

1. The executive director is the custodian of all the records and money of the board, and shall deposit all money received by the board pursuant to the provisions of this chapter, except fines imposed by the board, in banks or savings and loan associations in the State of Nevada. The money must be used to meet the expenses of the board.

2. Payment of money must be made upon the written order of the president of the board countersigned by the executive director.

Amended by Laws 1960, p. 412; Laws 1963, p. 156; Laws 1985, p. 1252; Laws 1995, p. 1679.

 

638.085. Fiscal year

The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

Added by Laws 1963, p. 155.

 

638.087. Records: General requirements; confidentiality of certain records of Board; exceptions

1. The Board shall keep a record of:

(a) All charges filed against a licensee;

(b) The proceedings of any formal hearing conducted by the Board or a hearing officer;

(c) Any order filed by the Board; and

(d) All licenses issued by the Board including the name of the holder of the license, his business address, the date the license was issued and the number of the license.

2. Except as otherwise provided in this section, the records of the Board listed in subsection 1 must be open to the public at reasonable times and places.

3. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

4. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

5. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

Added by Laws 1985, p. 1250. Amended by Laws 2003, c. 229, § 4, eff. Oct. 1, 2003; Laws 2003, c. 508, § 98, eff. June 12, 2003; Laws 2005, c. 225, § 154; Laws 2007, c. 435, § 166.

 

638.088. Repealed

CREDIT(S)

Repealed by Laws 2005, c. 225, § 240, eff. Oct. 1, 2005.

The repealed section related to certain records relating to investigation deemed confidential, and certain records relating to disciplinary action deemed public records, and was formerly added by Laws 2003, c. 508, § 97.

 

638.089. Records: Additional provisions governing confidentiality and disclosure

1. Except as provided in this section and NRS 239.0115, all information received by the Board concerning an applicant for a license or a licensee, including the results of an investigation, is confidential.

2. If the Board takes disciplinary action against an applicant or licensee, the complaint and the action taken are no longer required to be confidential.

3. If the Board conducts any proceeding other than a disciplinary action regarding an applicant or licensee, its statement of findings and any order issued relating thereto are no longer required to be confidential.

4. Information concerning an applicant or a licensee may be disclosed, pursuant to procedures established by regulation of the Board, to a court or an agency of the Federal Government, any state or any political subdivision of this State. Notice of the disclosure and the contents of the information must be given to the applicant or licensee within 3 business days before the disclosure.

Added by Laws 1985, p. 1246. Amended by Laws 2007, c. 435, § 167.

 

Licensing

638.090. Unlawful to practice without license

It is unlawful for any person to practice veterinary medicine, surgery, obstetrics or dentistry within the State of Nevada without a license issued pursuant to the provisions of this chapter.

Amended by Laws 1960, p. 412; Laws 1995, p. 1679.

 

638.100. Application for license; qualifications; fee; grounds for refusal of license

1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.

2. The application must include all information required to complete the application and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association, that he has received an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association;

(c) Has passed each examination required by the Board pursuant to NRS 638. 110; and

(d) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

3. A veterinary student in his final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue him a license until he has complied with the requirements of subsection 2.

4. The application must be signed by the applicant, notarized and accompanied by a fee set by the Board, not to exceed $500.

5. The Board may refuse to issue a license if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

Amended by Laws 1960, p. 412; Laws 1971, p. 221; Laws 1975, p. 1150; Laws 1977, p. 1566; Laws 1985, p. 1253; Laws 1995, p. 1679; Laws 1997, p. 2145; Laws 2003, c. 229, § 5, eff. Oct. 1, 2003; Laws 2003, c. 508, § 99, eff. June 12, 2003; Laws 2005, c. 501, § 90, eff. July 1, 2005.

 

638.103. Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board

<This section effective on the date of repeal of the federal law requiring states to establish procedures for restricting licenses for persons with child support arrearages or related procedural noncompliance, and expires by limitation two years after that date. For text of section effective until such repeal, see the preceding version of this section.>

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license to practice as a veterinarian, euthanasia technician or veterinary technician shall submit to the Board the statement prescribed by the Division of Welfare and Support Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice as a veterinarian, euthanasia technician or veterinary technician may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Added by Laws 1997, p. 2144. Amended by Laws 2005, c. 501, § 91, eff. July 1, 2005; Laws 2005, c. 501, § 92.

 

638.105. Admission to practice without examination

1. The board may in its discretion license an applicant solely on the basis of oral interviews and practical demonstrations upon sufficient proof that the applicant has, within the previous 5 years, successfully passed any examination approved by:

(a) The board; and

(b) A national testing service for veterinary medicine that has been approved by the board.

2. The board may, upon payment of the fee prescribed under NRS 638.100, license without examination any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to the specialty in which the person is certified. If an applicant for a license under this section is denied a license, any fee tendered by him may be returned to him at the discretion of the board.

 Amended by Laws 1960, p. 413; Laws 1975, p. 1151; Laws 1995, p. 1680; Laws 1999, p. 184, effective October 1, 2000.

 

638.110. Examination for license

1. Except as otherwise provided by NRS 638.105, each applicant for an initial license must pass:

(a) The state examination administered by the board; and

(b) Any other examination approved by the board and a national testing service for veterinary medicine that has been approved by the board.

2. The board shall adopt regulations prescribing the requirements for the examination of an applicant.

3. The written examination required of an applicant may be supplemented by such oral interviews and practical demonstrations as the board considers necessary.

4. If the board denies an applicant a license because the applicant did not comply with the requirements of this section, the board is not required to return the fee submitted with his application.

Amended by Laws 1960, p. 413; Laws 1975, p. 1151; Laws 1995, p. 1680; Laws 1999, p. 185, effective October 1, 2000.

 

638.116. Euthanasia technician: Application for license; qualifications; fee

1. Any person who desires to secure a license as a euthanasia technician must make written application to the Executive Director of the Board.
2. The application must be accompanied by satisfactory proof that the applicant:
(a) Is of good moral character.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.
(d) Has not been convicted of a felony.
(e) Has furnished any other information required by the Board.
3. The application must be accompanied by:
(a) A fee to be set by the Board in an amount not to exceed $500; and
(b) All information required to complete the application.
Added by Laws 1989, p. 537. Amended by Laws 1995, p. 1680; Laws 1997, p. 2146; Laws 2005, c. 501, § 93, eff. July 1, 2005.

 

638.117. Euthanasia technician: Examination

1. The board shall examine every applicant for a license as a euthanasia technician in order to determine his qualifications, and may issue or deny a license on the basis of the examination. All examinees must be tested by a written examination which may be supplemented by oral interviews and practical demonstrations as the board considers necessary.

2. The board may waive the practical examination requirements of subsection 1 if an applicant submits to the board proof that he is licensed by an agency which the board determines has substantially equivalent examination requirements as the practical examination requirements of the board.

 Added by Laws 1989, p. 537. Amended by Laws 1995, p. 1681.

 

638.118. Euthanasia technician: Duties upon cessation of qualified employment

A euthanasia technician shall surrender his license to the board, and notify the state board of pharmacy, when he ceases to be employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

 Added by Laws 1989, p. 537.

 

638.119. Euthanasia technician: Regulations

The board may adopt regulations governing the tasks and procedures that may be performed by a euthanasia technician.

 Added by Laws 1989, p. 537.

 

638.122. Veterinary technicians: Application for license; qualifications; fee

1. Any person who desires to secure a license as a veterinary technician must make written application to the Executive Director of the Board.

2. The application must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character.
(b) Has received a diploma conferring the degree of veterinary technician or its equivalent after having completed a college level course at a school approved by the Board.
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(d) Has furnished any other information required by the Board.

3. The application must be accompanied by:

(a) A fee to be set by the Board in an amount not to exceed $500; and
(b) All information required to complete the application.

Added by Laws 1975, p. 1146. Amended by Laws 1985, p. 1253; Laws 1995, p. 1681; Laws 1997, p. 2146; Laws 2005, c. 501, § 94, eff. July 1, 2005.

 

638.123. Veterinary technicians: Examination 

1. Each applicant for a license as a veterinary technician must pass:

(a) The state examination administered by the Board; and

(b) The Veterinary Technician National Examination or any other examination approved by the Board.

2. The Board may supplement the written examination required by this section with oral interviews and practical demonstrations as the Board considers necessary.

3. The Board shall adopt regulations prescribing the requirements for examination.

Credits
Added by Laws 1975, p. 1147. Amended by Laws 1995, p. 1681; Laws 2003, c. 229, § 6, eff. Oct. 1, 2003.

638.124. Veterinary technicians: Regulations of Board; responsibility of supervising veterinarian

1. The Board shall adopt regulations pertaining to and limiting the activities of veterinary technicians.
2. Regulations adopted by the Board pursuant to this section do not reduce the responsibility of the licensed veterinarian for acts performed by the veterinary technician on behalf of the licensed veterinarian and under his or her supervision and control.

Credits
Added by Laws 1975, p. 1147. Amended by Laws 1995, p. 1682.

638.125. Practice by veterinarians licensed by adjoining states in areas not adequately served; conditions

Unless the Board finds, after the filing with the Board of a protest by a person licensed under the provisions of this chapter, that the area involved is adequately served by a person or persons licensed under the provisions of this chapter, any veterinarian who resides in an adjoining state, and whose area of practice reasonably extends to points within this State, may practice veterinary medicine, surgery, obstetrics or dentistry within this State if:

1. The greater portion of the veterinarian’s practice is in the state of his or her residence.

2. The veterinarian does not open or maintain an office or branch office within this State.

3. The veterinarian is licensed to practice veterinary medicine, surgery, obstetrics and dentistry in the state wherein he or she resides.

Credits
Added by Laws 1960, p. 414.

638.127. Renewal of license; penalty for delinquency; examination before renewal; limitation on issuance of license by reciprocity

1. On or before November 15 of each year, the Executive Director shall mail to each person licensed under the provisions of this chapter an application form for renewal of the license.

2. Each applicant for renewal must complete the form and return it to the Executive Director, accompanied by all information required to complete the renewal, the renewal fee and full payment of all fines which the applicant owes to the Board, on or before January 1 of each year. Each application for renewal must be signed by the applicant. The renewal fee for licensees and persons on inactive status must be in an amount determined by the Board.

3. Upon receipt of the application and all required information and payment of the renewal fee and all fines owed, the Board shall issue to that person a certificate of renewal.

4. Any person who fails to renew a license on or before March 1 of each year forfeits the license.

5. When a person has forfeited his or her license in the manner provided in subsection 4, the Board may reinstate the license and issue a certificate of renewal upon receipt of all information required to complete the renewal and payment of:

(a) The renewal fee;

(b) All fines owed; and

(c) A delinquency penalty of $50 for each month or fraction thereof the license was not renewed after January 1.

6. If a licensee does not practice for more than 12 consecutive months, the Board may require the licensee to take an examination to determine his or her competency before renewing the license.

7. If a licensee does not renew his or her license and is licensed to practice in another state or territory of the United States, the Board may not issue the licensee a license to practice in the State by reciprocity. Such a licensee must reinstate the license in the manner prescribed by the Board.

Credits
Added by Laws 1960, p. 414. Amended by Laws 1975, p. 1151; Laws 1981, p. 55; Laws 1985, p. 1254; Laws 1989, p. 538; Laws 1991, p. 2069; Laws 1995, p. 1682; Laws 1997, p. 2147; Laws 2003, c. 229, § 7, eff. Oct. 1, 2003; Laws 2005, c. 501, § 95, eff. July 1, 2005.

638.128. Placement of license on inactive status: Application; qualifications; effect; regulations

1. A licensed veterinarian may apply to the Board to be placed on inactive status. The Board may grant the application if the applicant has:

(a) A medical disability as determined by the Board;

(b) Changed the location of his or her practice of veterinary medicine from this State to another state or country;

(c) Never engaged in the practice of veterinary medicine in this State after licensure; or

(d) Ceased to engage in the practice of veterinary medicine in this State for 12 consecutive months,and, as of the date of the application, has met all requirements for the issuance or renewal of a license to practice veterinary medicine.

2. If the application is granted, the applicant shall not engage in the practice of veterinary medicine in this State unless the applicant is returned to active status.

3. A person whose license has been placed on inactive status pursuant to this section is exempt from any requirements for continuing education.

4. The Board shall adopt regulations prescribing the:

(a) Procedures for making an application pursuant to this section;

(b) Procedures and terms upon which a person whose license has been placed on inactive status may resume the practice of veterinary medicine; and

(c) Fees for renewal of inactive status.

Credits
Added by Laws 1991, p. 2067. Amended by Laws 1995, p. 1682.

638.129. Removal of limitation or suspension of license; reinstatement of revoked license

1. Any person:

(a) Whose practice of veterinary medicine has been limited; or

(b) Whose license to practice veterinary medicine has been suspended until further order or revoked,

may apply to the Board after a reasonable period for removal of the limitation or suspension or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental or physical examination by physicians whom it designates or to an examination testing the person’s competence by other persons whom it designates, and submit such other evidence of changed conditions and of fitness as it considers proper;

(b) Shall determine whether under all the circumstances the time of the application is reasonable; and

(c) May deny the application or modify or rescind its order as the evidence warrants.

Credits
Added by Laws 1985, p. 1249. Amended by Laws 2005, c. 225, § 155.

638.131. Provision of regulations to licensees

A copy of the regulations of the Board governing the sanitary conditions of facilities in which veterinary medicine is practiced must be furnished to each person to whom a license is issued for the practice of veterinary medicine pursuant to this chapter.

Credits
Added by Laws 1985, p. 1251.

638.132. Board to adopt regulations for licensure of facility in which veterinary medicine is practiced

The Board shall adopt regulations which prescribe the requirements for the licensure of a facility in which veterinary medicine is practiced, including, without limitation, the fee for the issuance and renewal of a license.

Credits
Added by Laws 1995, p. 1675.

638.133. Duty to report claim for malpractice or negligence and disposition

Every veterinarian or veterinary technician licensed pursuant to this chapter shall report to the Board any claim for malpractice or negligence filed against him or her and its disposition within 90 days after the claim is filed and after its disposition.

Credits
Added by Laws 1985, p. 1250. Amended by Laws 1995, p. 1683.

638.134. Duty to recommend vaccinations for zoonotic diseases; duty to provide veterinary services at level of quality required by chapter

1. Each licensed veterinarian to whom an animal is brought for treatment shall recommend to the owner of the animal or to the person delivering the animal for treatment that the animal receive the vaccinations for zoonotic diseases that are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. The vaccinations must be administered by a licensed veterinarian or under the direct supervision of a licensed veterinarian. The Board may adopt regulations to ensure compliance with the provisions of this subsection.

2. A licensed veterinarian who agrees to perform veterinary services on an animal shall provide the services at the level of quality required by this chapter regardless of the fee, if any, which the veterinarian charges for his or her services. A violation of this subsection is a ground for disciplinary action.

Credits
Added by Laws 1995, p. 1675.

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