SECTION
.0200 – Practice of Veterinary Medicine
.0201 Forms of
Practice
(a)
The phrase "veterinary practice" or "veterinary medical
practice" shall be deemed to be the delivery of veterinary medical
services by a licensed veterinarian through a sole proprietorship or a legal
entity authorized by law to engage in the delivery of veterinary medical
services.
(b)
Veterinary practice may be by sole proprietors, partnerships, or duly
registered professional corporations, limited liability companies, or limited
liability partnerships. Only licensees may form a partnership or other entities
described herein authorized for the practice of veterinary medicine. Partnerships of registered corporations are
not permitted.
(c) No professional corporation may practice or offer to
practice veterinary medicine unless it complies with G.S.
55B‑10. No professional corporation may do any act which individual
licensees are prohibited from doing, and every professional corporation practicing
veterinary medicine shall be subject to the disciplinary powers of the Board as
prescribed in G.S. 90‑187.8 and Rules .0205,
.0206, .0207 and .0208 of this Section as well as all other rules of the Board
pertaining to individual or partnership practice.
(d)
The services of any veterinary medical professional corporation or limited
liability company shall be limited to veterinary services as defined in G.S. 90‑181(6) and "such services as may be
ancillary thereto" as determined by the Board.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0202 Name of
Practice
(a)
The adoption or use of a name for the entity authorized by law through which
the licensed veterinarian practices and delivers veterinary services shall have
prior Board approval in order to avoid duplication or confusion of names and to
prevent use of names which might be misleading. No proper names of persons
other than licensees may be included in the name. If the veterinary medical
practice uses the name or names of the veterinarians owning or operating the
facility in the name of the practice, the name shall conform to the
requirements of G.S. 90-181.1(c),
and Board approval shall be obtained prior to the use of that name. The use of
the word "facility" is not required in the name of those facilities
offering the services described in G.S.
90-181.1(b)(2) and (b)(3) unless required by the context for clarification.
(b)
A facility where the practice of veterinary medicine is conducted shall use in
its name one of the descriptive terms as set forth in G.S.
90-181.1(b) in a manner so as to accurately inform the public of the levels of
service offered at the facility.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0203 License
Required to Practice; Faculty Certificate; Zoo Veterinary Certificate
(a)
Upon written application, the Board may issue a veterinary faculty certificate
to a faculty member in the College of Veterinary Medicine at North Carolina
State University which certifies that the holder thereof is exempt from the
requirements of licensing under G.S. 90‑187.10(3).
To be a faculty member in the
(b)
Upon written application, the Board may issue a zoo veterinary certificate in
lieu of the license that otherwise would be required by G.S.
90-187.10 to a veterinarian not licensed by the Board who is employed by the
North Carolina State Zoo. The requirements for and criteria governing the zoo
veterinary certificate shall be the same as for the faculty certificate, to the
extent applicable and practical. In determining whether to issue a zoo veterinary
certificate, the board shall, in addition, consider the applicant’s zoo
employment history, the applicant’s job description and duties with the N.C.
State Zoo, and the reasons the applicant seeks exemption from the licensure
requirements for veterinarians.
(c) The request for either the faculty certificate or zoo
veterinary certificate shall be in writing upon application form furnished by
the Board. All fees for issuance, renewal, re-instatement, as well as criteria
for continuing education and discipline shall be as set forth in Article 11, G.S. 90 and the rules of the Board. The zoo veterinary
certificates shall be annually renewed each calendar year, and the faculty
certificates also shall be for the duration of one year, but the Board may
determine a beginning date other than January 1 if necessary to conform to
academic appointments or the academic calendar of the
(d)
The Board may consider a written application for a faculty certificate by a
person who is a graduate of a "recognized school of veterinary
medicine" as defined in Paragraph (a) of this Rule and who is a member of
the faculty or staff of a college or university in this State other than the
College of Veterinary Medicine of North Carolina State University, provided
that the application sets forth the qualifications of the faculty member; the
reasons that the faculty member seeks to be exempt from the requirements for
licensing as a veterinarian in North Carolina, and the duties of the faculty
member at the college or university where he or she is employed. A faculty
certificate shall be issued under this Paragraph if the applicant shows to the
satisfaction of the Board that his or her duties as a faculty member involve
the practice of veterinary medicine at the college or university and that there
are valid reasons that the applicant should be exempt from the licensure
requirements for veterinarians. If a faculty certificate is issued under this
Paragraph, all other application requirements, fee requirements, and expiration
conditions apply it as to those issued to faculty members at the
History Note: Authority G.S. 90‑185(6); 90‑187.10;
Eff.
Readopted Eff.
Amended Eff.
May 1, 1996;
.0204 Use of
the Title: Veterinarian
History Note: Authority
Eff.
Readopted Eff.
Repealed Eff.
.0205
Discipline of Licensees; Permittees; Registrants: Mandatory Standards of
Conduct
Grounds
for disciplinary action shall include those as stated in G.S.
90‑187.8, in addition to (but not limited to), the following:
(1)
making untrue and deceitful statements in any
application or representation to the Board, or in any professional relationship,
or in a veterinarian-client-patient relationship as that relationship is
defined in G.S. 90-181(7a);
(2)
acting in such a manner as to enable others to evade the animal and public
health requirements related to the practice of veterinary medicine, as
administered by the North Carolina or U.S. Departments of Agriculture or the
North Carolina Department of Human Resources, or to the provisions of the North
Carolina Veterinary Practice Act;
(3)
making, promising to make or accepting contributions of money, goods or
services for purposes of bribing any person with whom the person licensed has a
professional association, or has a veterinarian-client-patient relationship as
defined in G.S. 90-181(7a), or to whom the person
holding a license renders or offers to render professional services to the
extent allowed under the license;
(4)
defrauding or willfully misleading the Board or any person with whom he or she
has a professional association, or has a veterinarian-client-patient
relationship as defined in G.S. 90-181(7a), or to
whom the person holding the license renders or offers to render professional
services to the extent allowed under the license;
(5)
violating the laws of North Carolina or any other state related to the practice
of veterinary medicine or the delivery of services as allowed by the license
issued by the Board, or violating any veterinary licensing Board rule in this
or another state; and
(6)
communicating verbally or in writing information which
tends to discredit the reputation, integrity or professional competence of a
veterinarian, permittee or registrant, and which information is false, or done
in reckless disregard of the truth of falsity of the information communicated.
History Note: Authority G.S. 90‑185(6); 90‑187.8;
Eff.
Readopted Amended Eff.
.0206 Minimum
Standards for Continuing Education
Each person holding
a veterinary license, a faculty certificate, a zoo veterinary certificate or a
veterinary technician registration issued by the Board shall comply with the
standards in this Rule, which standards shall be a condition precedent to the
renewal of a license certificate or registration, respectively. Except as
otherwise qualified, the criteria with respect to continuing veterinary medical
education of a person holding a certificate of registration as a veterinary
technician shall be the same as that for a licensed veterinarian. The standards
are as follows:
(1) Veterinarians shall earn 20 credit
hours each calendar year.
(2) Veterinary technicians registered
with the Board shall earn 12 credit hours every two calendar years.
(3) Veterinarians may request and be
granted an extension of time, not to exceed six months, to satisfy the
continuing education requirement if the veterinarian provides evidence of an
incapacitating illness or evidence of other circumstance which constituted a
severe and verifiable hardship such that to comply with the continuing
education requirement would have been impossible or unreasonably burdensome. If
the incapacitating illness or circumstance is likely to result in loss of life
of the veterinarian the Board shall exempt the veterinarian from the unearned
portion of the continuing education requirement for that renewal period.
(4) Credit hours may be earned as
follows: one hour credit for each hour of attendance at in‑depth seminars
such as seminars sponsored by the American Veterinary Medical Association (AVMA), the American Animal Hospital Association (AAHA), the North Carolina Veterinary Medical Association (NCVMA), and academies and schools of veterinary medicine.
Only one hour credit may be acquired for attendance at a local sectional
association meeting. The Board shall consider additional course offerings for
approval for continuing education credit, provided that the Board is furnished
sufficient information to establish that the course content and quality is
substantially comparable to the course offerings by those seminars sponsored by
the organizations or institutions listed in this Subparagraph. Approval for
continuing education credit for courses other than those specified herein shall
be obtained prior to attendance at a course; however, the Board may waive the
requirement of approval prior to attendance at the course if circumstances
beyond the veterinarian's or registrant's control prevented obtaining the prior
approval. Only three hours credit per year may be acquired from review of an
audio or video cassette or computer-based training. The audio or video cassette
or computer-based training must be approved by the Board, and the veterinarian
shall furnish a copy, or substantially the equivalent of it, and sufficient documentation
for the Board to make an appropriate evaluation for approval.
(5) Each veterinarian shall keep a record
of credit hours earned. Each year he or she shall certify on a form provided by
the Board the number of credit hours earned. The Board shall mail the form to
each veterinarian at the time of annual renewal.
(6) During the calendar year in which a
veterinarian graduates from veterinary college or during the calendar year in
which a veterinary technician graduates from veterinary technician school, a
veterinarian or veterinary technician, respectively, shall not be required to
earn continuing education credits for that portion of the calendar year
remaining from the date when the license or registration was issued to the end
of the calendar year.
History Note: Authority G.S. 90‑185(6); 90‑186(1);
Eff.
Readopted Eff.
Amended Eff.
.0207 Minimum Facility
and Practice Standards
(a)
All locations where veterinary medicine is practiced shall be adequate for the
maintenance of good hygiene at all times. All areas of the premises shall be
maintained in a clean, odor free, and orderly condition at all times.
(b) The minimum
standards for all facilities where veterinary medicine is practiced shall be:
(1)
The facility shall provide heating, cooling and ventilation sufficient for the
comfort and safety of the animals, the employees and clients.
(2)
All rooms utilized for the practice of veterinary medicine shall have lighting
sufficient for the tasks and activities conducted in the rooms.
(3)
Hot and cold running water shall be provided along with toilets and lavatories
for the personnel and for the clients.
(4)
The facility shall have an area dedicated for storage of equipment and
supplies, which area shall be of a size commensurate with the nature of the
practice and the size of the facility, and which storage area shall be clean
and, as required by the nature of the products or materials stored, shall be
sanitary.
(5)
The facility shall have interior and exterior receptacles for waste disposal
which shall comply with state, county and municipal health laws, ordinances and
regulations.
(6)
The facilities shall employ a procedure for the prompt and sanitary disposal of
dead animals which complies with all state, county and municipal laws,
ordinances, rules and regulations. Dead animals held on premises shall be
refrigerated.
(7)
All interior spaces in the facility shall be clean and orderly.
(8)
The facilities' examination rooms shall have the following:
(A)
lined waste receptacles or chutes;
(B)
a sink with disposable towels either in the examination room, or adjacent or reasonably
convenient to the examination room, so as to facilitate necessary and required
use of the sink for maintaining sanitation and hygiene in connection with
examinations; and
(C)
a table with an impervious surface which shall be
sanitized between patients.
(9)
Surgery shall be performed in a manner compatible with current veterinary
medical practice with regard to anesthesia, asepsis, life support and
monitoring procedures as well as recovery care. The minimum standards for
surgery shall be:
(A)
Surgery shall be performed in a room designated and reserved for surgery.
(B)
The surgery room shall be clean, orderly and well lighted.
(C)
Sterilization shall include a steam pressure sterilizer or autoclave equipment.
Cold sterilization may be used for field or septic conditions.
(D)
Instruments and equipment utilized in the surgery room shall be commensurate
with the type of surgical service being provided.
(E)
Storage in the surgery room shall be limited to only items and equipment
normally related to surgery and surgical procedures.
(F)
Emergency drugs shall be readily available to the surgery area.
(G)
The operating table shall be constructed of a smooth and impervious material.
(H)
There shall be a separate surgical preparation area.
(I)
There shall be available for surgery sterilized
instruments, gowns, towels, drapes, gloves, caps and masks.
(J)
Regulated oxygen under positive pressure shall be available.
(10) The
facilities shall have the capability for use of either in‑house or
consultant laboratory service for blood chemistry, cultures and antibiotic
sensitivity examinations, complete blood counts, histopathological examinations
and complete necropsies. An in‑house laboratory facility shall meet the
following minimum standards:
(A)
The laboratory room shall have storage space sufficient for the equipment and
materials necessary for the laboratory room;
(B)
The facility shall have refrigeration with a capacity sufficient for drugs and
medicines required to be refrigerated, as well as capacity for the refrigeration
of dead animals held on the premises prior to disposal;
(C)
All facilities shall have, as a minimum, in‑house capability for the
following tests:
(i) urine tests,
(ii) micro‑hematocrit determination,
(iii) flotation tests for ova of internal parasites,
(iv) skin scrapings for external parasite diagnosis, and
(v) exams for circulating blood microfilaria or heartworm
antigen assays.
(11)
The minimum standards for drug procedures shall be:
(A) All
controlled substances shall be stored, maintained, administered, dispensed and
prescribed in compliance with federal and state laws, rules and regulations.
(B) Except for
labeled manufactured drugs with instructions, all drugs dispensed shall be
labeled with:
(i) name, address and telephone
number of the facility,
(ii) name of client,
(iii) animal identification,
(iv) date dispensed,
(v) directions for use,
(vi) name and strength of the drug, and
(vii) name of prescribing veterinarian.
(C)
A record of all drugs administered or dispensed shall be kept in the records of
the individual animal, if the animal is a companion animal, or in the client's
record, if the animal is an economic animal.
(12)
The following minimum standards shall apply to recordkeeping:
(A) Every veterinarian
shall keep written records or records stored via computer/word processing and
easily retrievable of the animals treated. These records shall include but not
be limited to pertinent medical data such as dates and type of vaccinations and
all medical and surgical procedures on a daily basis, radiographs and
laboratory data.
(B) Records
shall be kept for a period of three years following the last office visit or
discharge of such animal from a veterinary facility.
(C) Records
shall be maintained by individual animal for companion pet animals examined or
treated.
(D) The recordkeeping requirement shall not apply to the treatment
of economic animals except as provided in Paragraph (11)(C)
of this Rule.
(13)
The following minimum standards shall apply to radiography:
(A)
The facility shall have the capability of obtaining diagnostic quality
radiographs through radiology equipment at the facility or through consultant
services;
(B)
The facility shall use and maintain radiology equipment in accordance with all
federal and state laws, rules and regulations;
(C)
all personnel using radiology equipment shall wear
radiation badges.
(14)
Cages, exercise areas, pens and stalls shall be kept in a clean and orderly
condition, in a well‑lighted area, and in good repair to prevent injury
to animals and to promote physical comfort.
(15)
All new veterinary facilities and all existing facilities changing ownership
shall be inspected and approved by the Board prior to the practice of
veterinary medicine within the facility.
(16)
The Board shall make periodic inspections of veterinary premises. Such
inspection shall include, but not be limited to, verification of compliance
with this Rule. The Board shall make reinspections as
necessary to ensure compliance with this Rule.
(17)
Violation of the standards for all veterinary facilities covered by this Rule
shall be grounds for disciplinary action as provided in
(18)
The facility shall comply with all federal, state and municipal laws, rules and
regulations regarding disposal of medical wastes.
(19)
The following minimum standards shall apply to after hours
emergency services. The veterinarian who is the owner, as well as the
veterinarian who is in charge of the facility, shall provide after hours
emergency service by one or more of the methods listed below in Parts
(b)(19)(A) through (D) of this Rule. If after hours emergency services shall be
provided other than by the veterinarian who is the owner or who is the
veterinarian in charge of the facility, the name, address and telephone numbers
of the provider of the after hours emergency service shall be posted
prominently at the facility in areas where this information is likely to be
seen by persons coming to the entrances of the facility.
(A)
Availability by telephone, pager or answering machine; or
(B) Membership
in an after hours emergency services facility or organization that agrees with
the veterinarian to assume the responsibility for this care; or
(C) An
agreement for this care with another facility located in the same general
community, area or region served by the primary facility and which provides
after hours emergency service; or
(D)
Notification of the name, address and telephone numbers of an emergency
veterinary service facility, open to the public, which provides after hours
emergency service, located in the same general community, area or region served
by the primary facility.
(20)
All facilities where veterinary medicine is practiced other than facilities
providing limited veterinary services shall maintain the minimum standards as
required by this Rule, unless specifically exempted by statute or Board rule in
facilities providing limited veterinary services.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
May 1, 1996;
.0208
Facilities Providing Limited Veterinary Services
(a)
If complete veterinary medical services are not offered in a mobile or
satellite veterinary clinic, an emergency veterinary hospital, or a house‑call
practice the public shall be so informed of the services which are not
available by way of a posted notice, in plain view. The notice shall list all
facilities in the area which offer the services not available in the facility.
With respect to a mobile practice, including but not limited to a house-call or
farm-call practice, members of the public who are or may become clients of the
veterinary practice shall be informed in writing of the services which are not
available at the mobile practice in a manner reasonably calculated to clearly
communicate this information, at the first opportunity of inquiry or contact
concerning delivery of veterinary services.
(b)
The minimum standards set in Rule .0207 for all veterinary premises apply
equally to a facility covered by this Rule, except the standards that apply to
services that are not available in the facility and of which the public is
notified in the posted notice.
(c) If emergency services are not available in the facility
on a 24 hour basis, the veterinarians in charge of the facility shall have a
written agreement with a local clinic or hospital for the provision of
emergency services. The name and address of the local clinic or hospital
offering emergency services under the agreement shall be posted. The facility
must also comply with the minimum standards set forth in Rule .0207(b)(19) of this Section.
(d)
If either hospitalization or radiology services are not available in the
facility, the veterinarians in charge of the facility shall have a written
agreement with a local clinic or hospital for the provision of these services.
The name and address of the local clinic or hospital offering hospitalization
or radiology services under the agreement shall be posted.
(e)
No animal technician, veterinary student intern, employee or other assistant
shall operate any facility covered by this Rule without the direct supervision
of a licensed veterinarian on the premises.
(f)
If for any reason the veterinarian who is the owner, as well as the
veterinarian who is in charge of the facility, does not obtain a written
agreement or agreements as required by this Rule, the veterinarian shall
provide any or all of the services that would have been covered by the
agreement or agreements.
(g) Violation of this
Rule shall be grounds for disciplinary action as provided in
History Note: Authority G.S. 90‑185(6); 90‑186(2); 90‑186(3);
Eff.
Amended Eff.
.0209 Limited
Liability Companies
(a)
Veterinary medical services may be provided through a limited liability company
that complies with this Rule, Article 11, G.S. 90,
the rules of the Board, and statutes governing limited liability companies,
including G.S. 57C-2-01.
(b)
The name of a limited liability company organized to practice veterinary medicine
shall not include any adjectives or other words not in accordance with Article
11, G.S. 90 and the rules of the Board.
(c) The corporate name of a professional limited liability
company registered under these Rules shall contain the wording "professional
limited liability company," "professional ltd. liability co.,"
"professional limited liability co.," or "professional ltd.
liability company," or an abbreviation of one of the foregoing: "P.L.L.C." or "PLLC."
(d)
Domestic professional limited liability companies shall be formed and all
limited liability companies shall be operated in accordance with the
requirements set out in G.S. 57C.
(e)
Before filing the articles of organization for a professional limited liability
company with the Secretary of State, the organizing members shall submit the
following to the Board:
(1)
A registration fee as set by Rule .0108 of this Chapter; and
(2)
A certificate certified by all organizing members, setting forth the names and
addresses of each person who will be employed by the professional limited
liability company to practice veterinary medicine, and stating that all such
persons are duly licensed to practice veterinary medicine in North Carolina,
and representing that the company will be conducted in compliance with the
North Carolina Limited Liability Company Act (G.S.
57C), this Chapter, Article 11, G.S. 90 and the rules
of the Board.
(f)
A certification that each of the organizing members is licensed to practice
veterinary medicine in
(g)
A Certificate of Registration for a professional limited liability company
shall be renewed annually. The Certificate of Registration shall expire on the
last day of December following its issuance by the Board and shall become
invalid on that date unless renewed. Upon written application signed by its
manager on a renewal form prescribed by the Board accompanied by the prescribed
fee as set by Rule .0108 of this Chapter, the Board shall renew the Certificate
of Registration providing that the professional limited liability company has
complied with Article 11, G.S. 90, the rules of the
Board and applicable General Statutes of North Carolina.
(h)
The Board may request in writing such supplemental reports as it deems
appropriate from any professional limited liability companies registered with
the Board pursuant to G.S. 57C, Article 11, G.S. 90, and these Rules. The professional limited
liability company shall file such reports with the Board's office within 30
days from the date it receives the request.
(i) Professional limited liability companies registered with
the Board pursuant to G.S. 57C shall file a certified
copy of all amendments to the articles of organization within 30 days after the
effective date of each amendment. They shall also file a copy of any amendment
to the bylaws, certified to be a true copy by the manager(s) of the
professional limited liability company within 30 days after adoption of the amendment.
(j)
The Board shall issue a certificate authorizing transfer of membership when
membership is transferred in the professional limited liability company. This
transfer form shall be permanently retained by the company. The membership
books of the company shall be kept at the principal office of the company and
shall be subject to inspection by authorized agents of the Board. Transfer of
membership shall only be to a person licensed to practice veterinary medicine
in this State.
(k)
All documents required by these Rules to be submitted to the Board by the
professional limited liability company shall be executed by the manager(s) of the professional limited liability company,
and duly acknowledged before a notary public or some other officer qualified to
administer oaths.
History Note: Authority
Eff.
.0210
Registered Limited Liability Partnerships
(a)
Any registered limited liability partnership created to deliver veterinary
medical services shall be created pursuant to and in compliance with G.S. 59 and Article 11, G.S. 90
and the rules of the Board.
(b)
All partners of a registered limited liability partnership organized under this
Rules shall hold a license to practice veterinary medicine issued by the Board.
(c) A veterinarian who engages in the practice of veterinary
medicine through a limited liability partnership shall comply with the
registration and other requirements of this Chapter, Article 11, G.S. 90, and the rules of the Board.
(d)
A registered limited liability partnership created to deliver veterinary
medical services and each of its partners shall comply with Article 11, G.S. 90 and the rules of the Board with respect to the
prior approval of the name of the partnership, including the provisions of G.S. 90-181.1.
(e)
Limited liability partnerships organized under this Rule shall be organized and
operated in accordance with the requirements of G.S.
59. A limited liability partnership
organized under this Rule to deliver veterinary medical services shall register
with the Board both prior to the delivery of any professional services and
prior to registration with the office of the Secretary of State of North
Carolina as required by G.S. 59-84.2.
(f)
To register the limited liability partnership with the Board, the partners of a
veterinary limited liability partnership shall submit to the Board:
(1)
A registration fee as required by Rule .0108 of this Chapter; and
(2)
A certificate setting forth the names and addresses of each veterinarian who is
a partner of the limited liability partnership, a representation that the
partnership will be conducted in compliance with G.S.
59 as well as Article 11, G.S. 90 and the rules of
the Board, as well as bearing the notarized signatures of the partners
subscribing to the documents certifying to the accuracy of the statements made
therein.
(g)
The Board shall furnish the limited liability partnership a Certificate of
Registration from the Board certifying that each of the organizing partners is
licensed to practice veterinary medicine in
(h)
The Certificate of Registration for a limited liability partnership shall be
renewed annually in order to continue to be effective.
(i) The Board may request in writing such supplemental
reports as it deems appropriate from any limited liability partnership registered
with the Board pursuant to G.S. 59 and these Rules.
The limited liability partnership shall file such reports with the Board's
office within 30 days from the date it receives the request.
(j)
Limited liability partnerships registered with the Board pursuant to G.S. 59 shall file a certified copy of all amendments to
the partnership agreement within 30 days after the effective date of each
amendment. They shall also file a copy of any amendment to the bylaws,
certified to be a true copy by the managing partner of the limited liability
partnership within 30 days after adoption of the amendments.
History Note: Authority
Eff.
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