CHAPTER 1. PREAMBLE; DEFINITIONS

IC 25-38.1
    ARTICLE 38.1. VETERINARIANS

IC 25-38.1-1
     Chapter 1. Preamble; Definitions

IC 25-38.1-1-1
Preamble
    
Sec. 1. This article is an exercise of the police powers of the state to promote the public health, safety, and welfare of the people of Indiana to safeguard against the incompetent, dishonest, or unprincipled practice of veterinary medicine. The practice of veterinary medicine is a privilege conferred by the general assembly to individuals qualified under this article.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.1.

IC 25-38.1-1-1.5
Application of article
    
Sec. 1.5. This article does not apply to the manufacture, distribution, storage, transportation, sale, or use of a veterinary drug, including antibiotics and immunization products, if federal or state law does not restrict the drug to:
        (1) use by; or
        (2) use on the order of;
a licensed veterinarian.
As added by P.L.58-2008, SEC.2.

IC 25-38.1-1-2
Application of definitions
    
Sec. 2. The definitions in this chapter apply throughout this article.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-3
"Accredited college of veterinary medicine"
    
Sec. 3. "Accredited college of veterinary medicine" means a veterinary college or division of a university or college that:
        (1) offers the degree doctor of veterinary medicine or its equivalent;
        (2) conforms to the standards required for accreditation by the American Veterinary Medical Association; and
        (3) is accredited by the American Veterinary Medical Association or an accrediting agency that has been approved by the United States Department of Education or its successor.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-3.5
"Accredited veterinary technology program"
    
Sec. 3.5. "Accredited veterinary technology program" means a program in veterinary technology that:         (1) conforms to the standards required for accreditation by the American Veterinary Medical Association; and
        (2) is accredited by the American Veterinary Medical Association or an accrediting agency that has been approved by the United States Department of Education or its successor.
As added by P.L.58-2008, SEC.3.

IC 25-38.1-1-4
"Agency"
    
Sec. 4. "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-5
"Animal"
    
Sec. 5. "Animal" means any animal other than humans. The term includes:
        (1) birds;
        (2) fish;
        (3) mammals; and
        (4) reptiles;
wild or domestic.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-6
Repealed
    
(Repealed by P.L.58-2008, SEC.51.)

IC 25-38.1-1-7
"Board"
    
Sec. 7. "Board" means the Indiana board of veterinary medical examiners established by IC 25-38.1-2-1.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-7.3
"Client"
    
Sec. 7.3. "Client" means the owner, the owner's agent, or other person who is responsible for an animal that is examined or treated by a veterinarian.
As added by P.L.58-2008, SEC.4.

IC 25-38.1-1-7.5
"Consultation"
    
Sec. 7.5. "Consultation" means a licensed veterinarian receiving advice by any means from:
        (1) a veterinarian licensed in Indiana or another jurisdiction; or
        (2) a person whose expertise, in the opinion of the licensed veterinarian, would benefit an animal.
As added by P.L.58-2008, SEC.5.
IC 25-38.1-1-7.6
"Contract operator"
    
Sec. 7.6. "Contract operator" means an individual who contracts with the owner of an animal to provide complete care for the animal twenty-four (24) hours a day, seven (7) days a week.
As added by P.L.58-2008, SEC.6.

IC 25-38.1-1-7.7
"Direct supervision"
    
Sec. 7.7. "Direct supervision" means a supervisor is readily available on the premises where the animal is being treated.
As added by P.L.58-2008, SEC.7.

IC 25-38.1-1-8
"ECFVG certificate"
    
Sec. 8. "ECFVG certificate" means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates, indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-9
"Extern"
    
Sec. 9. "Extern" means a:
        (1) senior veterinary student enrolled in an accredited college of veterinary medicine; or
        (2) second year student enrolled in an accredited veterinary technology program;
employed by or working with a licensed veterinarian and under the licensed veterinarian's direct supervision.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.8.

IC 25-38.1-1-9.3
"Impaired veterinary health care provider"
    
Sec. 9.3. "Impaired veterinary health care provider" means a veterinarian or registered veterinary technician who has been affected by the use or abuse of alcohol or other drugs.
As added by P.L.58-2008, SEC.9.

IC 25-38.1-1-9.5
"Indirect supervision"
    
Sec. 9.5. "Indirect supervision" means a supervising veterinarian is not on the premises but:
        (1) is present within the veterinarian's usual practice area;
        (2) has given written protocols or oral instructions for the treatment of an animal for which a veterinarian-client-patient relationship exists; and
        (3) is readily available by telephone or other means of immediate communication. As added by P.L.58-2008, SEC.10.

IC 25-38.1-1-10
"Licensed veterinarian"
    
Sec. 10. "Licensed veterinarian" means an individual who is licensed under this article to practice veterinary medicine in Indiana.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-10.5
"Patient"
    
Sec. 10.5. "Patient" means an animal that is examined or treated by a veterinarian.
As added by P.L.58-2008, SEC.11.

IC 25-38.1-1-11
"Person"
    
Sec. 11. "Person" means an individual, an incorporated or unincorporated organization or association, or a group of persons acting in concert.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-12
"Practice of veterinary medicine"
    
Sec. 12. "Practice of veterinary medicine" means:
        (1) representing oneself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry or any of their branches or specialties;
        (2) using words, letters, or titles in a connection or under circumstances that may induce another person to believe that the person using them is engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry;
        (3) accepting compensation for doing any of the things described in subdivisions (4) through (8);
        (4) providing the diagnosis, treatment, correction, or prevention of any disease, defect, injury, deformity, pain, or condition of animals;
        (5) prescribing, dispensing, or ordering the administration of a drug, a medicine, a biologic, a medical appliance, an application, or treatment of whatever nature for the prevention, cure, or relief of any disease, ailment, defect, injury, deformity, pain, or other condition of animals;
        (6) performing a:
            (A) surgical or dental operation; or
            (B) complimentary or alternative therapy;
        upon an animal;
        (7) certifying the health, fitness, or soundness of an animal; or
        (8) performing any procedure for the diagnosis of pregnancy, sterility, or infertility upon animals.
However, the term does not include administering a drug, medicine, appliance, application, or treatment that is administered at the

direction and under the direct supervision of a veterinarian licensed under this article.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.12.

IC 25-38.1-1-13
"Registered veterinary technician"
    
Sec. 13. "Registered veterinary technician" means a veterinary technician registered under this article to work under the direct or indirect supervision of a licensed veterinarian.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.13.

IC 25-38.1-1-14
"Veterinarian"
    
Sec. 14. "Veterinarian" means an individual who was a licensed veterinarian on August 31, 1979, or who has received a professional degree from an accredited college of veterinary medicine.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-14.5
"Veterinarian-client-patient relationship"
    
Sec. 14.5. "Veterinarian-client-patient relationship" means a relationship between a veterinarian and client that meets the following conditions:
        (1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions.
        (2) The veterinarian has sufficient knowledge of the animal to initiate a diagnosis of the medical condition of the animal. The veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by either of the following:
            (A) An examination of the animal.
            (B) By recently seeing and being personally acquainted with the keeping and care of representative animals and associated husbandry practices by making medically appropriate and timely visits to the premises where the animal is kept.
        (3) The veterinarian is readily available or has arranged for emergency coverage for follow-up evaluation if there is an adverse reaction or failure of the treatment regimen.
        (4) When appropriate, the veterinarian has arranged for continuing care with another licensed veterinarian who has access to the animal's medical record.
As added by P.L.58-2008, SEC.14.

IC 25-38.1-1-14.7
"Veterinary assistant"
    
Sec. 14.7. "Veterinary assistant" means an individual who is not a licensed veterinarian or registered veterinary technician who performs tasks related to animal health care under the direct

supervision of a licensed veterinarian or registered veterinary technician.
As added by P.L.58-2008, SEC.15.

IC 25-38.1-1-15
"Veterinary medicine"
    
Sec. 15. "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, acupuncture, and all other branches or specialties of veterinary medicine.
As added by P.L.2-2008, SEC.12.

IC 25-38.1-1-16
Repealed
    
(Repealed by P.L.58-2008, SEC.51.)