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.)