47-816. Definitions.

47-816

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 8.--REGISTRATION OF VETERINARIANS

      47-816.   Definitions.As used in the Kansas veterinary practice act:

      (a)   "Animal" means any mammalian animal other than human and any fowl,bird, amphibian, fish or reptile, wild or domestic, living or dead.

      (b)   "Board" means the state board of veterinary examiners.

      (c)   "Companion animal" means any dog, cat or other domesticated animalpossessed by a person for purposes of companionship, security, hunting, herdingor providing assistance in relation to a physical disability but shall excludeany animal raised on a farm or ranch and used or intended for use as food.

      (d)   "Clock hour of continuing education" means 60 minutesof participation in a continuing educationprogram or activity which meets the minimum standardsfor continuing education according to rules and regulations adopted bythe board.

      (e)   "Direct supervision" means the supervisinglicensed veterinarian:

      (1)   Is onthe veterinary premises or in thesame general area in a field setting;

      (2)   is quickly and easily available;

      (3)   examines the animal prior to delegating any veterinary practice activityto the supervisee and performs any additional examination of the animalrequired by good veterinary practice; and

      (4)   delegates only those veterinary practice activities which are consistentwith rules and regulations of the board regarding employee supervision.

      (f)   "Licensed veterinarian" means a veterinarian who isvalidly andcurrently licensed to practice veterinary medicine in this state.

      (g)   "Indirect supervision" means that thesupervising licensed veterinarian:

      (1)   Is not on the veterinary premises or in the same generalarea in afield setting, but has examined the animal and providedeither written or documented oral instructions or a writtenprotocol fortreatment of the animal patient, except that in anemergency, the supervising licensed veterinarian may provide oral instructionsprior to examining the animal and subsequently examine the animal and documentthe instruction in writing;

      (2)   delegates only those veterinary practice tasks which are consistent withthe rules and regulations of the board regarding employee supervision; and

      (3)   the animal being treated is notanesthetizedas defined in rules and regulations.

      (h)   "Practice of veterinary medicine" means any of the following:

      (1)   To diagnose, treat, correct, change, relieve, or preventanimal disease, deformity, defect, injury or other physical or mentalcondition; including the prescription or administration of any drug,medicine, biologic, apparatus, application, anesthesia or other therapeutic ordiagnostic substance or technique on any animal including but not limited toacupuncture, surgical or dental operations, animal psychology, animalchiropractic, theriogenology, surgery, including cosmetic surgery, any manual,mechanical, biological or chemical procedure for testingfor pregnancy or for correcting sterility or infertility or to render serviceor recommendations with regard to any of the above and all other branches ofveterinary medicine.

      (2)   To represent, directly or indirectly, publicly or privately, anability and willingness to do any act described in paragraph (1).

      (3)   To use any title, words, abbreviation or letters in a manner orunder circumstances which induce the belief that theperson using themis qualified todo any act described in paragraph (1).Such use shall be prima facie evidence of the intention to represent oneselfas engaged in the practice of veterinary medicine.

      (4)   To collect blood or other samples for the purpose of diagnosingdisease or conditions. This shall not apply to unlicensed personnel employed bythe United States department of agriculture, the Kansas animal healthdepartment or the Kansas department of agriculturewho are engaged in such personnel's official duties.

      (5)   To apply principles of environmental sanitation, foodinspection, environmental pollution control, animal nutrition, zoonotic diseasecontrol and disaster medicine in the promotion and protection of publichealth in the performance of any veterinary service or procedure.

      (i)   "School of veterinary medicine" means any veterinarycollege ordivision of a university or college that offers the degree of doctor ofveterinary medicine or its equivalent, which conforms to the standardsrequired for accreditation by the American veterinary medicalassociation and which is recognized and approved by the board.

      (j)   "Veterinarian" means a person who has received a doctor ofveterinary medicine degree or the equivalent from a school of veterinarymedicine.

      (k)   "Veterinary premises" means anypremises or facility where the practice of veterinary medicine occurs,including but not limited to, a mobile clinic, outpatient clinic, satelliteclinic or veterinary hospital or clinic, but shall not include the premises ofa veterinary client, research facility, a federal military base, Kansas stateuniversity college of veterinary medicine or any premises wherein thepractice of veterinary medicine occurs no more than three times per year as apublic service outreach of a registered veterinary premises.

      (l)   "Graduate veterinary technician" means a person who hasgraduated froman American veterinary medical association accredited school approved by theboard.

      (m)   "Registered veterinary technician" means a person whois a graduateveterinary technician, has passed theexaminationsrequired by the board for registration and is registered by the board.

      (n)   "Veterinary-client-patient relationship" means:

      (1)   Theveterinarian has assumed the responsibility for making medical judgmentsregarding the health of the animal or animals and the need for medicaltreatment, and the client, owner or other caretaker has agreed to follow theinstruction of the veterinarian;

      (2)   there is sufficient knowledge of the animal or animals by theveterinarian to initiate at least a general or preliminary diagnosis of themedicalcondition of the animal or animals. This means that the veterinarian hasrecently seen or is personally acquainted with the keeping and careof theanimal or animals by virtue of an examination of the animal or animals, or bymedically appropriate and timely visits to the premises where the animal oranimals are kept, or both; and

      (3)   the practicing veterinarian is readily available for followup in caseof adverse reactions or failure of the regimen of therapy.

      (o)   "Veterinary prescription drugs" means such prescriptionitems as defined by 21 U.S.C. Sec. 353, as in effecton July 1, 2001.

      (p)   "Veterinary corporation" means a professionalcorporation of licensedveterinarians incorporated under the professional corporation act of Kansas,cited at K.S.A. 17-2706 et seq., and amendments thereto.

      (q)   "Veterinary partnership" means a partnership pursuantto the Kansasuniform partnership act, cited at K.S.A. 56a-101 et seq.,andamendmentsthereto, formed by licensed veterinarians engaged in the practice of veterinarymedicine.

      (r)   "Person" means any individual, corporation,partnership, associationor other entity.

      History:   L. 1969, ch. 261, § 3;L. 1980, ch. 155, § 1;L. 1993, ch. 129, § 3;L. 1997, ch. 1, § 1;L. 1998, ch. 93, § 72;L. 1999, ch. 25, § 1;L. 2001, ch. 30, § 1;L. 2004, ch. 101, § 80;L. 2006, ch. 112, § 1; July 1.