Delaware-2023-SB168-Draft

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3303, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3303. License requirement and exceptions.

No person may practice veterinary medicine in the State who is not a Delaware-licensed veterinarian or the holder of a valid temporary permit issued by the Board. This chapter shall not be construed to prohibit:

(1) An employee of the federal, state or local government performing official duties;

(2) A person who is a regular student in a veterinary school or veterinary technician program performing duties or actions assigned by instructors, or working under the direct supervision of a licensed veterinarian during the school vacation period;

(3) A person advising with respect to or performing acts which the Board rule has or has not prescribed as accepted livestock management practices;

(4) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State;

(5) Any merchant or manufacturer selling at the merchant’s or manufacturer’s regular place of business medicines, feed, appliances or other products used in the prevention or treatment of animal diseases;

(6) The owner of an animal and the owner’s employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter;

(7) A member of the faculty of a veterinary school performing regular functions, or a person lecturing or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar;

(8) Any person selling or applying any pesticide, insecticide or herbicide;

(9) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals;

(10) Any person from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities shall not include diagnosing, prognosing, prescribing, inducing anesthesia, performing surgery or other support activities as defined in regulations adopted by the Board.

(11) A licensed veterinary technician from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities shall not include diagnosing, prognosing, prescribing, performing surgery or other support activities as defined in regulations adopted by the Board.

A person may not practice veterinary medicine in this State unless the person is a Delaware-licensed veterinarian.

Section 2. Amend Subchapter I, Chapter 33, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3303A. Veterinarian-client-patient relationship.

(a) For a veterinarian to practice veterinary medicine, a veterinarian-client-patient relationship must be established and maintained. Except as provided under subsection (b) of this section, a veterinarian-client-patient relationship is established and maintained if all of the following are met:

(1) The veterinarian has assumed the responsibility for making medical judgements regarding the health of the patient and the client has agreed to follow the veterinarian’s instructions.

(2) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of a timely examination of the patient, or medically appropriate and timely visits to the operation where the patient is managed.

(3) The veterinarian is readily available for follow-up evaluation or has arranged for the following: veterinary emergency coverage and continuing care and treatment.

(4) The veterinarian provides oversite of treatment, compliance, and outcome.

(5) Patient records are maintained.

(b) In operations where there are several animals, such as shelters, farms, laboratories, or zoos, the veterinarian-client-patient requirement may be established and maintained by one of the following:

(1) Examination of health, laboratory, or production records.

(2) Consultation with owners, managers, directors, caretakers, or other supervisory staff who oversee the health care management of the operation.

(3) Maintenance of information regarding the local epidemiology of diseases for the appropriate species.

Section 3. Amend Subchapter I, Chapter 33, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3303B. Exemptions.

This chapter may not be construed to prohibit any of the following:

(1) An employee of the federal, state, or local government performing official duties.

(3) A person advising with respect to or performing acts which the Board rule has or has not prescribed as accepted livestock management practices.

(4) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State.

(5) Any merchant or manufacturer selling at the merchant’s or manufacturer’s regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.

(6) The owner of an animal and the owner’s employee caring for and treating the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.

(8) Any person selling or applying any pesticide, insecticide, or herbicide.

(9) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals.

(10) Any person from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities must not include diagnosing, prognosing, prescribing, inducing anesthesia, performing surgery, or other support activities as defined in regulations adopted by the Board.

(11) A licensed veterinary technician from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities must not include diagnosing, prognosing, prescribing, performing surgery, or other support activities as defined in regulations adopted by the Board.

(12)a. A veterinarian or a veterinary technician who is licensed in another state, and who is in good standing in the other state, providing services during an emergency or natural disaster within the scope and location of assigned veterinary medical duties of the response efforts if all of the following apply:

1. An official declaration of the disaster or emergency has been made by the governor or the delegated state official.

2. An official invitation has been extended to the veterinarian or veterinary technician for a specified time by the authority that has jurisdiction for coordinating the animal or agricultural issues in this State during emergencies.

b. A person practicing as a veterinarian or veterinary technician in this State under this paragraph (12) is subject to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the Board. The person shall comply with applicable provisions of the laws, rules, and regulations of the Board.

Section 4. Amend § 3306, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3306. Board of Veterinary Medicine — Powers and duties.

(a) The Board of Veterinary Medicine shall have authority to:

(10) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed. penalty.

Section 5. Amend § 3313, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3313. Qualifications of applicant; report to Attorney General; judicial review.

(b) In the event If the applicant shall have been the recipient of any administrative penalties receives an administrative penalty regarding that applicant’s practice of veterinary medicine, including but not limited to fines, a fine, formal reprimands, reprimand, license suspension or revocation (except for a license revocations revocation for nonpayment of a license renewal fees), fee), or probationary limitations, and/or has entered limitation, or enters into any a “consent agreements” agreement” which contain contains conditions placed by a Board the Board or a veterinary medicine licensing board of another state on that applicant’s professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding such penalties and/r agreements the administrative penalty or consent agreement to the Board. The Board may, after a hearing, hearing or review of documentation, determine that such the administrative penalty or consent agreement is grounds to deny licensure.

Section 6. Amend § 3314, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3314. Reciprocity.

(e) In the event that If a disciplinary proceeding or unresolved complaint is pending, pending in this State or another state, the applicant shall may not be licensed in this State until the proceeding or complaint has been is resolved. Applicants An applicant for licensure as veterinarians a veterinarian in this State shall be is deemed to have given consent to the release of such information related to the pending disciplinary proceeding or unresolved complaint, and to waive all objections to the admissibility of such the information as evidence at any hearing or other proceeding to which the applicant may be subject. Each application for licensure shall be accompanied by payment of the application fee.

Section 7. Amend § 3315, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3315. Temporary license and permit. license.

(b) The Board may issue, without examination, a temporary permit to practice veterinary medicine in this State, to any nonresident veterinarian validly licensed in another state, territory, district of the United States or foreign country if such veterinarian pays a fee equivalent to ¹ / ₂ of the biennial fee for license renewal paid by licensed Delaware veterinarians; provided, however, that such temporary permit shall be issued for a period of not more than 1 year; provided also, that applicants meet the provisions of § 3314 of this title for reciprocity applicants. [Repealed.]

Section 8. Amend § 3317, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3317. Disciplinary sanctions.

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3316 of this title applies to a licensee regulated by this chapter:

(2) Censure a licensee; [Repealed.]

(4) Suspend any licensee’s license; or

(5) Revoke Permanently revoke a licensee’s license. license; or

(6) Impose a monetary penalty not to exceed $2,000 for each violation.

Section 9. Amend § 3318, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3318. Practicing without a license; penalties.

(a) Where the Board has reason to believe that a person is practicing veterinary medicine within this State without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter, notwithstanding that the person’s license has been suspended or revoked, or that a person not licensed under this chapter is using any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is licensed to practice veterinary medicine as defined in this chapter, the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful practice, the Board shall make a formal complaint to the Attorney General who may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of, the Board.

(b) A person not currently licensed as a veterinarian under this chapter, when guilty of engaging in the practice of veterinary medicine, or using in connection with the licensee’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the licensee is qualified to practice veterinary medicine, such offender upon the first offense, shall be fined not less than $500 nor more than $1,000 for each offense, and the offender shall pay all costs. Each day a violation continues shall constitute a separate offense. The Court shall order all fees received for unlawful service to be refunded. Justice of the Peace Court shall have jurisdiction over any violation of this chapter.

(a) It is unlawful for a person who is not licensed under this subchapter to use, in connection with the person’s name or business, or otherwise assume or use any title or description conveying or tending to convey the impression that the person is licensed under this subchapter.

(b) For a first offense, the court may impose a fine of not less than $500 nor more than $1,000 for each offense. For a second or subsequent offense, the court may impose a fine of not less than $1,000 nor more than $2,000 for each offense.

Section 10. Amend § 3319, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3319. Qualifications of applicant; report to Attorney General; judicial review.

(a) An applicant who is applying for licensure as a veterinary technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary technician program approved by the AVMA or, for a period not to exceed 7 years provided that the Board may by regulation, for reasons stated, shorten the time, has submitted evidence to the Board of one of the following: AVMA.

a. A degree from a nonaccredited veterinary technician program or other program as defined by the Board’s rules and regulations, combined with practical experience under the supervision of a licensed veterinarian for the period of time specified in the Board’s rules and regulations, or

b. Practical experience under the supervision of a licensed veterinarian for a period of time specified in the Board’s rules and regulations;

(b) In the event If the applicant shall have been the recipient of any administrative penalties receives an administrative penalty regarding that applicant’s practice as a veterinary technician, including but not limited to fines, a fine, formal reprimands, reprimand, license suspensions suspension or revocation (except for a license revocations revocation for nonpayment of a license renewal fees), fee), or probationary limitations, and/or has entered limitation, or enters into any a “consent agreements” agreement” which contain contains conditions placed by a Board the Board or a veterinary medicine licensing board of another state on that applicant’s professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding such penalties and/or agreements the administrative penalty or consent agreement to the Board. The Board may, after a hearing, hearing or review of documentation, determine that such the administrative penalty or consent agreement is grounds to deny licensure.

Section 11. Amend § 3320, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3320. Reciprocity, lapsed license, reinstatement reinstatement, and temporary licensure.

(a) Upon On payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States. A license in “good standing” is defined in § 3319 of this title; and applicant who meets all of the following:

(1) Presents to the Board proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States. A license in “good standing” is defined in § 3319(a)(3) through (5) of this title.

(b) (2) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary program approved by the AVMA or, for a period not to exceed 7 years provided that the Board may by regulation, for reasons stated, shorten the time, has submitted evidence to the Board of one of the following: AVMA.

A degree from a nonaccredited veterinary technician program or other program as defined by the Board’s rules and regulations, combined with practical experience under the supervision of a licensed veterinarian for the period of time specified in the Board’s rules and regulations, or practical experience under the supervision of a licensed veterinarian for a period of time specified in the Board’s rules and regulations; and

(c) (3) Has achieved the passing score on the written standardized national examination designated by the Board pursuant to under § 3306 of this title, provided that this title. This requirement does not apply to any applicant under this section who has continuously maintained a license in another state and graduated from an AVMA accredited school prior to before 1990.

(d) (b) The Board shall grant a license to an applicant, who was previously licensed as a veterinary technician in this State, and who has let that applicant’s license lapse, subject to the applicant’s meeting the requirements of subsection (a) of this section, and continuing education requirements as provided for in the Board’s rules and regulations. applicant who meets all of the following:

(1) Was previously licensed as a veterinary technician in this State.

(2) Has allowed the applicant’s license to lapse.

(3) Meets the continuing education requirements in the Board’s rules and regulations.

(e) (c) Upon payment of the appropriate fee and on submission of a written application on forms provided by the Board, the Board may issue a temporary license to a person who has applied for original or reciprocity licensure as a veterinary technician under this subchapter. Such temporary license will be available to an applicant only with respect to the first application for licensure, and the applicant shall use the temporary license only while under the supervision of a licensed veterinarian. In all cases such temporary license shall expire automatically if application for permanent licensure is denied. Upon expiration, the temporary license shall be surrendered to the Board. On payment of the appropriate fee and on submission of an application, the Board shall issue a temporary license to a person who has applied for licensure as a veterinary technician under this subchapter and who is eligible to take the examination provided for in this subchapter. A temporary license is available to an applicant only with respect to the first application for licensure, and the applicant may only use the temporary license while under the supervision of a licensed veterinarian. A temporary license expires automatically if the applicant fails the examination or fails to sit for the examination at the earliest opportunity. If a temporary license is issued to an applicant for licensure by reciprocity, the temporary license expires automatically on written notice to the applicant by the Board that it proposes to deny the application. On expiration, the temporary license must be surrendered to the Board.

(f) (d) In the event that If a disciplinary proceeding or unresolved complaint is pending, pending in this State or another state, the applicant shall may not be licensed in this State until the proceeding or complaint has been is resolved. Applicants An applicant for licensure as veterinary technicians a veterinary technician in this State shall be is deemed to have given consent to the release of such information related to the pending disciplinary proceeding or unresolved complaint and to waive all objections to the admissibility of such the information as evidence at any hearing or other proceeding to which the applicant may be subject. Each application for licensure shall be accompanied by payment of the application fee.

Section 12. Amend § 3322, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3322. Disciplinary sanctions.

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3321 of this title applies to a licensee regulated by this subchapter:

(2) Censure of a licensee; [ Repealed.]

(4) Suspend a veterinary technician’s license; or

(5) Revoke Permanently revoke a veterinary technician’s license. license; or

(6) Impose a monetary penalty not to exceed $500 for each violation.

Section 13. Amend § 3323, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3323. Practicing without a license; penalties.

(a) Where the Board has reason to believe that a person is practicing as a veterinary technician within this State without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter, notwithstanding that the person’s license has been suspended or revoked, or that a person not licensed under this chapter is using any name, title, description or designation, either orally or in writing, that will lead to the belief that such person is licensed to practice as a veterinary technician as defined in this chapter the Board shall submit a written complaint to the Division of Professional Regulation for investigation. If the investigation confirms such unlawful practice, the Board shall make a formal complaint to the Attorney General who may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of, the Board.

(b) A person not currently licensed as a veterinary technician under this chapter, when guilty of practicing as a veterinary technician, or using in connection with the licensee’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the licensee is qualified to practice as a veterinary technician, such offender upon the first offense, shall be fined not less than $200 nor more than $400 for each offense, and the offender shall pay all costs. Each day a violation continues shall constitute a separate offense. The Court shall order all fees received for unlawful service to be refunded. Justice of the Peace Court shall have jurisdiction over any violation of this subchapter.

(a) It is unlawful for a person who is not licensed under this subchapter to use in connection with the person’s name or business, or otherwise assume or use any title or description conveying or tending to convey the impression that the person is licensed under this subchapter.

SPONSOR:	Sen. Huxtable & Rep. Dorsey Walker
Sen. Hoffner; Rep. Parker Selby