Current through Register Vol. 49, No. 9, September, 2024
RULES AND REGULATIONS OF THE ARKANSAS VETERINARY MEDICAL
EXAMINING BOARD
(Adopted: 12-1-76) (Amended: 11-12-08)
1. For the purpose of the Rules and
Regulations contained herein, the term "Board" means the Veterinary Medical
Examining Board.
2. The principal
office of the Board is located at the Natural Resources Complex, One Natural
Resources Drive, P. O. Box 8505, Little Rock, Arkansas 72215.
3. Pursuant to the authority granted the
Veterinary Medical Examining Board by Act 60 of 1987, the Board creates a
specialty area in poultry practice. Persons seeking licensure under this
provision will be tested only in the area of poultry medicine. A person who is
issued a Poultry Specialty Are license will not be allowed to practice any
other form of veterinary medicine.
4. Each person holding a certificate of
registration, license (general or specialty), permit or any other authority to
practice veterinary medicine or engage in any activity in the State of Arkansas
under any and all laws administered by the Board shall file his proper and
current mailing address with the board at its principal office and shall
immediately notify the Board at its said principal office of any and all
changes of mailing address, giving both his old and new address.
FEES
(Adopted: 8-8-81) (Amended: 11-12-08)
VETERINARY FEES:
5. The schedule for license and permit fees
shall be as follows:
A. Application fee by
Exam shall be $100.00 and must be paid at the time of filing of the application
for license. The completed application must be received 30 days prior to the
exam date.
B. Application fee by
endorsement shall be $100.00. The completed application must be received 30
days prior to the exam date.
C.
NAVLE (North American Veterinary Licensing Examination) candidates must
complete a Board application form AND a NAVLE application form to be mailed to
NBVME (National Board of Veterinary Medical Examiners) along with a cashier's
check or money order for the amount of their fee.
D. Annual renewal of license shall be $
100.00 for veterinarians practicing either full-time or part-time within the
State, and $25.00 for inactive license renewal for veterinarians
not engaged in the practice of veterinary medicine in Arkansas. A
veterinarian CANNOT practice in Arkansas with an inactive
license.
E. Corporate practice
application fee shall be $35.00; annual renewal fee for corporate practice
shall be $10.00.
F. All renewals
are due by March 31st each year. Delinquent renewal
fee shall be $100.00 and shall be due on all individual and corporate practice
renewals received after the postmarked date of March
31st each year.
G. Temporary permit shall be
$50.00.
H. Re-issuance of license
certificate shall be $10.00. Requests must be in writing.
I. All fees are non-refundable.
VETERINARY TECHNICIAN FEES:
6. The schedule for license and
permit fees shall be as follows:
A.
Application fee shall be $40.00, which shall be paid at the time of the filing
of the application for certification. An additional fee is required if taking
the National Board Examination in Arkansas. The payment for this exam
must be received 60 days prior to the National Board Exam
date.
B. Annual renewal of
certification shall be $25.00.
C.
All renewals are due by March 31st each year.
Delinquent renewal fee shall be $50.00, and shall be due on all renewals
received after the postmarked date of March
31st_each year.
D. Re-issuance of certificate shall be
$10.00. Requests must be in writing.
E. All fees are non-refundable.
CONTINUING EDUCATION
(Adopted: 12-1-76) (Amended: 11-12-08)
7. The minimum
standards for continuing veterinary medical education shall be a condition
precedent to the renewal of a license. It shall be as follows:
A. Veterinarians are required to earn 20
credit hours each year before becoming eligible for license renewal.
Veterinarians with both a general and poultry specialty license
are required to earn 20 hours for each license.
B. Veterinary technicians are required to
earn four (4) six (6) credit hours each year before becoming eligible for
license renewal. A maximum of two (2) credit hours may be earned each year in
distance learning programs.
C.
Continuing education requirements are waived for veterinarians during the
renewal period he/she graduated from an approved school or college of
veterinary medicine.
D. Ten (10)
hours must be in the areas of veterinary medicine and surgery
and/or record keeping at classroom seminars only. Veterinarians may earn up to
four (4) hours of credit for visitation with a colleague (not associated with
their practice) at the facility of that colleague. One (1) hour of credit will
be given for each local district meeting (not to exceed four hours per year
without approval of the Board prior to license renewal). A maximum of five (5)
hours per renewal period may be earned in the areas of practice management,
business seminars, on-line education and veterinary videos, veterinary
chiropractic, veterinary acupuncture, and veterinary holistic/homeopathy. Two
(2) credit hours may be earned at exhibit halls at state and national
meetings.
E. Credit hours may be
earned as follows: One hour credit for each hour of attendance at seminars
sponsored by AVMA, AAHA, state associations, academies, schools of veterinary
medicine, etc.
F. Each veterinarian
and veterinary technician must keep a record of credit hours earned. Each year
he/she will be required to certify as to the number of credit hours earned on a
form to be provided by the Board. The form will be mailed to each veterinarian
and veterinary technician at the time of annual renewal.
G. Veterinarians or veterinary technicians
unable to earn credits because of sickness or other justifiable reasons may, at
the discretion of the Board, be exempt from all or part of the credit
requirements or granted an extension of time to obtain their continuing
education credits.
H. Requests for
pre-approval of meetings must be postmarked 30 days prior to the meeting - no
exceptions.
I. To activate an
inactive license, continuing education hours must be obtained during that
renewal period.
J. The Board
recognizes RACE (Registry of Approved Continuing Education) programs with
limitations in some areas.
INSPECTION AND MINIMUM STANDARDS OF PRACTICE
(Adopted: 12/1/76) (Amended: 11-12-08)
8. The Board or its
employees may at any time inspect the premises in which veterinary medicine,
veterinary dentistry or veterinary surgery is practiced. 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.
A. The minimum standards for all facilities
where veterinary medicine is practiced shall be:
(1) Adequate heating and cooling shall be
provided for the comfort of the animals and the facility shall have sufficient
ventilation in all areas;
(2)
Proper lighting shall be provided in all rooms utilized for the practice of
veterinary medicine;
(3) Hot and
cold running water shall be provided along with adequate toilets and lavatories
for the personnel and for the clients;
(4) All premises shall have sanitary storage
which is adequate for the size of the facility;
(5) The facility shall have interior and
exterior receptacles for waste disposal which comply with state, county and
municipal health laws, ordinances and regulations;
(6) The facilities shall employ a procedure
for the prompt, sanitary and aesthetic disposal of dead animals which complies
with all state, county and municipal laws, ordinances and regulations. Dead
animals, held on premises for longer than six hours, shall be placed in a
freezer;
(7) All interior spaces in
the facility must be clean and orderly;
(8) The facility shall have the capacity 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.
(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. At
all times, the minimum standards for surgery shall be:
(a) Surgery shall be performed in a room
designed and reserved for surgery (this applies to all facilities constructed
after 6/23/93);
(b) The surgery
room shall be clean, orderly and well lighted;
(c) Sterilization must include a steam
pressure sterilizer or autoclave or gas sterilization equipment. Cold
sterilization may be used for field 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 must 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 (this applies to all facilities constructed
after 6/23/93);
(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 following minimum standards shall
apply to radiography:
(a) Capability and proof
of use of either in-house or consultant services for obtaining diagnostic
quality radiographs;
(b) Radiology
equipment and use shall be in accordance with all federal and state
laws;
(c) All personnel using
radiology equipment must wear a monitoring device;
(d) Permanent identification tags must appear
on all radiographs.
(11)
Cages, exercise areas, pens and stalls are to 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.
(12) Clinicsjnust make known to the public
whether a veterinarian is on-site or on call after hours.
B. Each veterinarian shall have posted or
displayed at his office in full view of his clients, his original Arkansas
license to practice veterinary medicine and his current year's license renewal
certificate.
C. Violation of these
or other accepted standards of sanitation or professional practice shall be
prima facie evidence of unprofessional conduct or incompetence.
D. In the event a license is revoked or
suspended by the Board, the Board may post a notice of its order of revocation
or suspension in a conspicuous place or at the business of the licensee.
RECORD KEEPING
(Adopted: 6/23/93) (Amended: 11-12-08)
9. Each veterinary
medical facility shall comply with the following:
A. Medical Records: A legible individual
record shall be maintained for each companion animal. However, the medical
records for a litter may be recorded either on the dam's record or on a litter
record until the individual animals are permanently placed or reach the age of
three (3) months. Records for herd or flock animals may be maintained on a
group or client basis.
B. ALL
records shall be readily available and must be kept for a period of three (3)
years following the last treatment or examination.
C. Animal health records shall be the
property of the owner or manager of a veterinary practice that has prepared
such record and shall include, but are not limited to written records and
notes, computer generated records, radiographs, sonographic images, video
tapes, photographs, laboratory reports or other diagnostics or case management
information received as the result of consulting with other licensed
veterinarians or medical specialists.
D. Medical records shall be maintained in a
manner that will permit any authorized licensed veterinarian to proceed with
the care and treatment of the animal, if required, by reading the medical
record of that particular patient; the record shall clearly explain the initial
examination.
E. Patient records
shall include, but are not limited to the following information:
(1) Name and/or initials of the veterinarian
responsible for entries;
(2) Name,
address and telephone number of the owner and/or client;
(3) Name of patient, number or other
identification of the animal and/or herd or flock;
(4) Species, breed, age, sex, color and
distinctive markings;
(5) Pertinent
history and presenting complaint;
(6) Physical examination findings to include,
temperature, weight, body condition, respiration, pulse, eyes, ears, nose and
throat, oral cavity, respiratory system including auscultation of the thorax,
palpation of the abdomen, lymph nodes, and evaluation of musculoskeletal,
neurological, genito/urinary systems;
(7) Assessment/diagnosis, treatments and
intended treatment plan, medications dispensed or prescribed, immunizations
administered, dosages, strength, frequency and route of
administration;
(8) Surgical
procedures shall include a description of the procedure, name of the surgeon,
type of sedative/anesthetic agent(s) used, dosage, strength, and route of
administration;
(9) Dated progress
of the case while in veterinary medical facility, and if relevant, a prognosis
of the animal's condition;
(10)
Exposed radiographs shall have permanent facility and animal
identification;
(11) If the
temperament of the animal precludes any exam or test or if a client waives or
declines any examination, test or other recommended treatments, such notation
of denial or signed waiver shall be included in the medical record;
(12) All consent statements, surgical, or
treatment consent forms should be included in the medical record.
(13) If there are any discharge instructions,
they should be noted on the medical record.
(14) Name of any person (other than the
veterinarian's own employees) furnishing professional advice, performing
treatments, examinations or other services.
F. Medical records for large animal
facilities/practices shall be clear, legible, retrievable and maintained on
either a herd (flock) or individual basis and contain:
(1) Name and initials, business/farm name,
address, and phone number of the owner/agent.
(2) Relevant medical and surgical procedures
(including vaccinations given and lab reports) to the individual, group, or
herd.
(3) A record of all drugs
administered or dispensed including quantity and withdrawal times.
G. A radiograph is the property of
the veterinarian who original ordered it. It shall be released upon the request
of another veterinarian and such radiograph shall be returned to the
veterinarian who originally ordered it to be prepared within a reasonable time.
PRESCRIPTION DRUGS
(Adopted: 6/23/93) (Amended: 11-2-08)
10. All prescription
drugs shall be stored, maintained, administered, dispensed and prescribed in
compliance with federal and state laws. Veterinarians who dispense
pharmaceuticals must comply with the following minimum standards for drug
procedures:
A. Except for labeled manufactured
drugs with proper instructions, all drugs dispensed shall be labeled with:
(1) Name, address and telephone number of the
facility,
(2) Name of
client,
(3) Animal
identification,
(4) Date
dispensed,
(5) Directions for
use,
(6) Name and strength of
drug
(7) Quantity dispensed,
and
(8) Name of the prescribing
veterinarian.
(9) The statement
"For Veterinary Use Only".
B. A lay employee may count, fill and label a
prescription under the direct order of the veterinarian according to his
specific instructions.
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.
D. Prescription drugs may not be purchased,
advertised, displayed, sold or bartered by veterinarians except in the course
of their professional practice. The fact that the individual is a veterinarian
does not provide any exception which is not also available to
non-veterinarians. Veterinarians who are in the employ of drug manufacturers or
distributors and veterinarians who operate their own drug distributorship or
sales outlets cannot legally sell prescription drugs or issue prescriptions for
them outside the scope of a professional practice.
E. Practicing veterinarians and their
employees cannot legally sell prescription drugs to walk-in customers unless a
valid veterinarian/client/patient relationship exists. Prescription drugs may
only be sold through a retail outlet, by mail order, a route salesman or other
sales method on the written order (prescription) of a licensed veterinarian who
has established a valid veterinarian/client/patient relationship and that
written order (prescription) is filled by a veterinarian or pharmacist
currently licensed by the State of Arkansas.
CONTROLLED SUBSTANCES
(Adopted: 6/23/93) Amended: 11-12-08)
11. All controlled
substances shall be stored, maintained, administered, dispensed and prescribed
in compliance with federal and state laws.
A.
Where dispensing or use of controlled substances takes place, an inventory must
be conducted every two (2) years and kept as a separate part of your permanent
records.
B. The form for keeping
records of controlled substances shall contain the following information in
addition to the name of the drug:
(1) Date of
acquisition,
(2) Quantity
purchased,
(3) Date administered,
dispensed or prescribed,
(4)
Quantity administered, dispensed or prescribed,
(5) Name and address of client and patient
receiving the drug(s),
(6) Species
of the animal,
(7) Name or initials
of individual who dispensed or administered the drug, and
(8) Balance on hand.
C. Records for Schedule II substances must be
kept separate from Schedule III, IV and V substances.
D. Inventories and records of narcotic drugs
listed in Schedule I, II, III, IV and V shall be maintained separately from all
other records or in such form that the information required is readily
retrievable from ordinary business records or patient's records.
E. Every veterinarian who is permitted to
dispense, distribute, administer or conduct research with respect to controlled
substances in the course of professional practice or research in Arkansas shall
obtain a registration from the Federal Drug Enforcement Administration, unless
exempt by Law.
F. A separate
registration is required for each principal place of business or professional
practice at one general physical location where controlled substances are
maintained, manufactured, distributed or dispensed.
G. All veterinarians shall provide effective
controls and procedures to guard against theft and diversion of controlled
substances. Controlled substances listed in Schedule I, II, III, IV and V shall
be stored under double lock security in a vault or locking cabinet in a room
with limited access.
H. Each
veterinarian shall notify the Division of Pharmacy Services and Drug Control,
Arkansas Department of Health, immediately upon discovery of any suspected
loss, theft and/or diversion of any controlled substance.
I. All controlled substances that are no
longer usable because of deterioration or expired dating or are unwanted, must
be delivered in person or by registered mail or other means of shipment with
return receipt to Division of Pharmacy Services & Drug Control, Arkansas
Department of Health, and accompanied by all completed copies of Report of
Drugs Surrendered (Form PhA:DC-1) furnished by the Health Department or may be
destroyed only by authorized agents of the Arkansas State Board of Pharmacy or
the Arkansas Department of Health on site.
J. The only drugs approved by this Board for
pre-euthanasia of animals by a certified animal euthanasia technician in a
facility approved by the AR Department of Health/Pharmacy Services & Drug
Control shall be Acepromazine and Xylazine.
CORPORATIONS
(Adopted: 12/1/76) (Amended: 11-12-08)
12. The standard
professional title for a corporate veterinary practice shall be as required by
the Professional Corporation Act.
13. Veterinary practice may be by sole
practitioners, partnerships, or duly registered corporations. Only licensees
may be partners.
14. No corporation
may practice or offer to practice unless it holds a current corporate
certificate from this Board.
No corporation may do any act which individual licensees are
prohibited from doing, and every corporation practicing veterinary medicine
shall be subject to all rules and regulations applicable to individual or
partnership practice, and subject to all disciplinary powers of the
Board.
No veterinarian may practice or offer to practice veterinary
medicine as an officer or employee of any corporation which does not hold a
valid corporate certificate, nor may he furnish professional services to or
through such corporation in such manner as to enable the corporation to evade
the requirements of the Practice Act or the rules of this Board. However, a
veterinarian employed by a private or public-held corporation may engage in the
practice of veterinary medicine on animals owned by that corporation.
The services of any veterinary corporation shall be limited to
veterinary services.
ADVERTISING
(Adopted: 11/5/80) (Amended: 5/24/88)
15. Advertising means newspaper,
magazine and periodical announcements and listings, professional cards,
professional announcement cards, office and other signs, letterheads, telephone
and other directory listings and any other form of communication designed to
inform the general public about the availability, nature or prices of products
or services or to attract clients.
"Solicitation" means advertising intentionally directed to
specific individuals.
A veterinarian shall not, on behalf of himself, his partner, his
associate, or any other veterinarian:
A. Seek to attract any client who has given
the veterinarian notice that he does not want to receive communications from
the veterinarian;
B. Use, or
participate in the use of, any form of advertising or solicitation which
contains a false, deceptive or misleading statement or claim.
A false, deceptive or misleading statement or claim
includes, without limitation, a statement or claim which:
(1) contains a guarantee that a cure will
result from the performance of professional services;
(2) contains a false, deceptive or misleading
testimonial or endorsement by a veterinarian;
(3) refers to secret methods of treatment or
special services which characterize the ways of a charlatan;
(4) concerns illegal transactions;
(5) is not identified as a paid advertisement
or solicitation unless it is apparent from the context that it is a paid
advertisement or solicitation;
(6)
contains false, deceptive or misleading information concerning performance or
case reports;
(7) contains false,
deceptive or misleading representation regarding the quality of professional
services;
(8) states that a
veterinarian is a certified specialist unless he is Board certified in such
specialty;
(9) contains a material
misrepresentation of fact;
(10)
omits to state any material fact necessary to make the statement not misleading
in light of the circumstances under which it is made;
(11) would result in the violation of any law
or regulation or a contractual or other obligation of any person through whom
the veterinarian seeks to communicate;
(12) contains a representation or implication
that is likely to cause an ordinary prudent layperson to misunderstand or be
deceived or fails to contain reasonable warning or disclaimers necessary to
make a representation or implication not deceptive; or
(13) contains false, deceptive or misleading
information relating to professional fees.
COMPLAINTS, HEARINGS
(Adopted: 12/1/76) (Amended: 11-12-08)
16. Any and
all complaints within the jurisdiction of the Board must be in writing, dated
and signed by the complainant, notarized and filed with the Secretary-Treasurer
of the Board within one (1) year of the alleged violation. The Executive
Secretary, upon receiving a timely complaint, may proceed to investigate said
complaint and may take statements from any person thought to have knowledge of
and fact(s) pertaining thereto.
17.
Any and every complaint making out a prima facie case shall be presented to and
reasonably disposed of by the Board, giving due consideration to sufficient and
necessary time to investigate and consider the complaint.
18. Disciplinary hearings may be conducted
either on the Board's own motion or based on a written complaint if a violation
of the Veterinary Medical Practice Act has been discovered.
UNPROFESSIONAL CONDUCT
(Adopted: 12/1/76) (Amended: 11-12-08)
19. Unprofessional Conduct as
provided for by the Arkansas Code Annotated §
17-101-305 and
§
17-101-308 shall consist of any of the following acts:
A. To tender or receive a commission or fee
for referral of a patient without disclosing to the client the fact that a
commission or fee was tendered or received.
B. A veterinarian may not procure, encourage,
or otherwise aid and abet an unlicensed person to engage in the practice of
veterinary medicine.
C. To sign or
otherwise validate any health certificate without actually, physically
inspecting the animal. A health certificate must be dated as of the time of
examination.
D. A veterinarian
shall not write testimonials as to the virtue of drugs, medicines, remedies, or
foods except to report the results of properly controlled experiments or
clinical studies to interested veterinary organizations or
associations.
E. To violate any
laws or regulations of either the State of Arkansas or the United States
relating to prescription drugs or controlled substances.
F. For a veterinarian to undertake the care
of an animal and thereafter fail to render the care as generally accepted by
the veterinary profession.
G. To
guarantee a cure.
H. To make false
or deceptive statements that belittle the knowledge or injure the professional
standing of another member of the profession or that unnecessarily condemns the
character of his professional acts; provided, however, that nothing herein
should be construed to prohibit any truthful, non-deceptive statements,
including, but not limited to truthful non-deceptive comparative
advertising.
I. The habitual or
excessive use of intoxicants or drugs.
J. Aiding or abetting the practice of
veterinary medicine by a person not licensed by the Board. This shall include
the practice of any veterinarian from knowingly selling or distributing any
pharmaceutical drug labeled "For use by or on the order of a licensed
veterinarian" or biologicals for the purpose of ultimate resale by someone
other than a licensed veterinarian. Improper use of these products constitutes
a danger to the public health.
K.
Failure to meet continuing educational requirements within any renewal
period.
L. Being guilty of any
dishonorable or unethical conduct likely to deceive, defraud or harm the
public.
M. Refusing to permit the
Board or any legal representative of the Board to inspect the business premises
of the licensee during regular business hours.
N. Obtaining or attempting to obtain any fee,
charge, tuition or other compensation by fraud, deception or
misrepresentation.
O. Conduct
reflecting unfavorably upon the profession of veterinary medicine.
P. Substance abuse or diversion of
pharmaceuticals or materials from veterinary practice to human use.
