CHAPTER 2. INDIANA BOARD OF VETERINARY MEDICAL EXAMINERS
IC 25-38.1-2
Chapter 2. Indiana Board of Veterinary Medical Examiners
IC 25-38.1-2-1
Board of veterinary medical examiners
Sec. 1. (a) The Indiana board of veterinary medical examiners is
established.
(b) The board consists of seven (7) members appointed by the
governor from the districts described in section 3 of this chapter. Not
more than one (1) veterinarian member may be domiciled in the same
district.
(c) One (1) of the board members must be a registered veterinary
technician.
(d) One (1) of the board members must be appointed to represent
the general public.
(e) Not more than four (4) board members may be affiliated with
the same political party.
(f) If there is a vacancy on the board, the governor shall appoint
a successor to complete the unexpired term.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.16.
IC 25-38.1-2-2
Terms of board members
Sec. 2. (a) The term of each member of the board is four (4) years
beginning on September 1 of the appropriate year. Each member
shall serve until the member's successor is appointed and qualified.
Members of the board may be appointed for more than one (1) term,
but an individual may not be a member of the board for more than
eight (8) years out of any twelve (12) year period.
(b) The terms of the board members expire as follows:
(1) The term of the member from the first district expires on
August 31, 2008, and every four (4) years thereafter.
(2) The term of the member from the second district expires on
August 31, 2009, and every four (4) years thereafter.
(3) The term of the member from the third district expires on
August 31, 2010, and every four (4) years thereafter.
(4) The term of the member from the fourth district expires on
August 31, 2011, and every four (4) years thereafter.
(5) The term of the member from the fifth district expires on
August 31, 2008, and every four (4) years thereafter.
(6) The term of the member appointed to represent the general
public expires on August 31, 2009, and every four (4) years
thereafter.
(7) The term of the registered technician member expires on
August 31, 2012, and every four (4) years thereafter.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.17.
IC 25-38.1-2-3
Districts
Sec. 3. (a) District 1 consists of the following counties: Clay,
Crawford, Daviess, Dubois, Fountain, Gibson, Greene, Knox,
Lawrence, Martin, Monroe, Montgomery, Morgan, Orange, Owen,
Parke, Perry, Pike, Posey, Putnam, Spencer, Sullivan, Tippecanoe,
Vanderburgh, Vermillion, Vigo, Warren, and Warrick.
(b) District 2 consists of the following counties: Bartholomew,
Brown, Clark, Dearborn, Decatur, Delaware, Fayette, Floyd,
Franklin, Hancock, Harrison, Henry, Jackson, Jefferson, Jennings,
Johnson, Madison, Ohio, Randolph, Ripley, Rush, Scott, Shelby,
Switzerland, Union, Washington, and Wayne.
(c) District 3 consists of the following counties: Boone, Clinton,
Hamilton, Hendricks, Howard, Marion, and Tipton.
(d) District 4 consists of the following counties: Lake, LaPorte,
Marshall, Porter, St. Joseph, and Starke.
(e) District 5 consists of the following counties: Adams, Allen,
Benton, Blackford, Carroll, Cass, DeKalb, Elkhart, Fulton, Grant,
Huntington, Jasper, Jay, Kosciusko, LaGrange, Miami, Newton,
Noble, Pulaski, Steuben, Wabash, Wells, White, and Whitley.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-4
Eligibility of board members
Sec. 4. (a) Each member of the board must have been a resident
of Indiana for at least five (5) years continuously before appointment
and must have been a:
(1) licensed veterinarian in the private practice of veterinary
medicine; or
(2) registered veterinary technician;
in Indiana for at least three (3) of those years.
(b) Each member of the board must be a graduate of a school or
college of veterinary medicine or an accredited veterinary technology
program generally recognized as approved, according to the
prevailing standard for recognition as a school or college of
veterinary medicine at the time of the member's graduation.
(c) Each member of the board must be a person of good reputation
within the profession and within the community in which the
member resides.
(d) A member of the board may not be an officer, a director, or an
employee in any manufacturing, wholesaling, or retail enterprise
dealing in drugs, supplies, instruments, or equipment used or useful
in the practice of veterinary medicine, which might constitute or tend
to create a conflict of interest between the member's business
association and membership on the board.
(e) A member of the board may not be a member of the faculty,
board of trustees, or advisory board of a school of veterinary
medicine or school of veterinary technology.
(f) Notwithstanding the other provisions of this section, one (1)
member of the board, appointed to represent the general public, must
be an Indiana resident who has never been associated with veterinary
medicine in any way other than as a consumer.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.18.
IC 25-38.1-2-5
Board meetings
Sec. 5. (a) The board shall hold an annual meeting in Indianapolis
and other regular meetings during the year at places the board sets.
(b) The board may hold special meetings as necessary. The
chairperson or two (2) members of the board may call a special
meeting.
(c) Four (4) members of the board constitute a quorum.
(d) All meetings must be open and public. However, the board
may meet in closed session:
(1) to prepare, approve, administer, or grade examinations;
(2) to deliberate the qualifications of an applicant for license or
registration; or
(3) to deliberate the disposition of a proceeding to discipline a
licensed veterinarian or registered veterinary technician.
(e) Minutes of each regular and special meeting shall be compiled
and kept as a permanent record in the same office as other records of
the board are kept. The agency is responsible for the care and
safekeeping of the minutes.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-6
Travel reimbursement
Sec. 6. Each member of the board is entitled to reimbursement for
traveling and other expenses as provided in the state travel policies
and procedures established by the Indiana department of
administration and approved by the budget agency.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-7
Officers; duties of the Indiana professional licensing agency
Sec. 7. (a) At its annual meeting, the board shall elect a
chairperson and vice chairperson and other necessary officers
determined by the board. Officers shall serve for a term of one (1)
year or until a successor is elected. There is no limitation on the
number of terms an officer may serve.
(b) The state veterinarian shall be the technical adviser of the
board.
(c) The duties of the agency include:
(1) corresponding for the board;
(2) keeping accounts and records of all receipts and
disbursements by the board;
(3) keeping records of all applications for license or
registration;
(4) keeping a register of all persons currently licensed or
registered by the board;
(5) keeping permanent records of all board proceedings; and
(6) administering the veterinary investigative fund established
by section 25 of this chapter.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.19.
IC 25-38.1-2-8
Liberal construction of supervisory powers
Sec. 8. The powers granted to the board in this chapter are to
enable the board to effectively supervise the practice of veterinary
medicine and are to be construed liberally to accomplish this
objective.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-9
Board powers; qualifications of applicants
Sec. 9. The board is vested with the sole authority to determine
the qualifications of applicants for:
(1) a license to practice veterinary medicine; and
(2) registration to practice as a registered veterinary technician;
in Indiana.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.20.
IC 25-38.1-2-10
Board powers; licenses and permits
Sec. 10. The board is vested with the sole authority to issue,
renew, deny, suspend, or revoke:
(1) licenses and special permits to practice veterinary medicine;
and
(2) registrations or special permits to practice as a registered
veterinary technician;
in Indiana.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.21.
IC 25-38.1-2-11
Board powers; authority to discipline
Sec. 11. The board is vested with sole authority to discipline
licensed veterinarians and registered veterinary technicians
consistent with this article and the rules adopted under this chapter.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-12
Board powers; examinations
Sec. 12. The board is vested with the sole authority to determine
the following:
(1) The examinations applicants are required to take.
(2) The subjects to be covered on the examinations.
(3) The places where and the dates on which examinations will
be given.
(4) The deadlines for applying to take the examinations.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.22.
IC 25-38.1-2-13
Continuing education
Sec. 13. The board may establish by rule minimum standards of
continuing education for the renewal of licenses to practice
veterinary medicine and for the renewal of registrations as a
registered veterinary technician. The rules adopted under this section
must comply with IC 25-1-4-3.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.23.
IC 25-38.1-2-14
Standards of professional conduct
Sec. 14. The board shall adopt by rule standards of professional
conduct for the competent practice of veterinary medicine and the
competent practice of a registered veterinary technician.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.24.
IC 25-38.1-2-15
Investigations
Sec. 15. Subject to IC 25-1-7, the board may conduct
investigations for the purpose of discovering violations of this article
by:
(1) licensed veterinarians or registered veterinary technicians;
or
(2) persons practicing veterinary medicine without a license or
persons practicing as a registered veterinary technician without
being registered.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-16
Inspections
Sec. 16. The board may inspect, without notice and during normal
working hours, veterinary hospitals, clinics, or other establishments
to determine if the veterinary hospitals, clinics, or other
establishments meet the board's standards of cleanliness and
sanitation as defined by the board's rules.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-17
Hearings
Sec. 17. The board may hold hearings on all matters properly
brought before the board. When conducting hearings, the board may
administer oaths, receive evidence, make findings, and enter orders
consistent with the findings. The board may require by subpoena the
attendance and testimony of witnesses and the production of papers,
records, or other documentary evidence and commission depositions.
The board may designate one (1) or more of its members to serve as
the board's hearing officer.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-18
Court enforcement
Sec. 18. The board may bring proceedings in the courts for the
enforcement of this article or any rules adopted under this chapter.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-19
Fees
Sec. 19. (a) The board shall establish by rule under IC 25-1-8 fees
sufficient to implement this article, including fees for examining and
licensing veterinarians and for examining and registering veterinary
technicians.
(b) In addition to the fee to issue or renew a license, registration,
or permit, the board may establish a fee of not more than ten dollars
($10) per year for a person who holds a license or special permit as
a veterinarian or a registration or special permit as a veterinary
technician to provide funds for administering and enforcing the
provisions of this article, including investigating and taking action
against persons who violate this article. All funds collected under
this subsection shall be deposited in the veterinary investigative fund
established by section 25 of this chapter.
(c) The fees established under this section shall be charged and
collected by the agency.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.25.
IC 25-38.1-2-20
Reciprocal agreements
Sec. 20. The board may enter into reciprocal agreements with its
counterpart boards in other states and may effect agreements by rule.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-21
Board representation at meetings
Sec. 21. The board may appoint one (1) or more board members
to act as representatives of the board at any meeting inside or outside
Indiana where representation is desirable.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-22
Support personnel and supplies
Sec. 22. The agency shall provide the board with full or part-time
professional and clerical personnel and supplies, including printed
matter and equipment, necessary to implement this article.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-23
Rules
Sec. 23. The board may adopt rules under IC 4-22-2 that the board
considers necessary to carry out the board's duties.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-24
Seal
Sec. 24. The board may adopt an appropriate seal, which may be
affixed to all license and registration certificates and other official
documents of the board.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-25
Veterinary investigation fund
Sec. 25. (a) The veterinary investigative fund is established to
provide funds for administering and enforcing the provisions of this
article, including investigating and taking enforcement action against
violators of this article. The fund shall be administered by the
agency.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of money from the fee imposed
under section 19(b) of this chapter.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. However, if the total amount in the
fund exceeds seven hundred fifty thousand dollars ($750,000) at the
end of a state fiscal year after payment of all claims and expenses,
the amount that exceeds seven hundred fifty thousand dollars
($750,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated to the agency
for its use in administering and enforcing this article, conducting
investigations, and taking enforcement action against persons
violating this article.
(f) The attorney general and the agency may enter into a
memorandum of understanding to provide the attorney general with
funds to conduct investigations and pursue enforcement action
against violators of this article.
(g) The attorney general and the agency shall present the
memorandum of understanding annually to the board for review.
As added by P.L.58-2008, SEC.26.