ARSD Article 20:57 — VETERINARIANS

AGRICULTURE AND NATURAL RESOURCES AGRICULTURE AND NATURAL RESOURCES

Chapter 20:57:01 General provisions

ARSD 20:57:01:00 Definitions

20:57:01 :00. Definitions. Terms used in this article mean:

(1) "Board," the State Board of Veterinary Medical Examiners created by SDCL 36-12-3.

History

• Source: 23 SDR 95, effective December 15, 1996.
• General Authority: SDCL 36-12-8, 36-12-12, 36-12-19.1, 36-12-21.2.
• Law Implemented: SDCL 36-12-8, 36-12-12, 36-12-19.1, 36-12-21.2.

ARSD 20:57:01:01 Repealed

Special meetings.** Repealed.

History

• Source: Effective June 26, 1975; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.

ARSD 20:57:01:02 Repealed

Notice of special meetings.** Repealed.

History

• Source: Effective June 26, 1975; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.

ARSD 20:57:01:03 Repealed

Conduct of meetings.** Repealed.

History

• Source: Effective June 26, 1975; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.

ARSD 20:57:01:04 Declaratory rulings of the board's procedure

An interested person may petition the board for declaratory rulings as to the applicability of the statutes relating to the practice of veterinary medicine or any rule or order of the board by sending a written petition or request therefor to the secretary of the board. The board shall, at the next regular meeting or at the next special meeting of the board, make its declaratory ruling and shall notify such person in writing of the decision and disposition of the petition within 30 days thereafter.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 1-26-15.
• Law Implemented: SDCL 1-26-15.

ARSD 20:57:01:05 Annual meeting time

The board shall hold its annual meeting in conjunction with the annual meeting of the South Dakota Veterinary Medical Association in August of each year.

History

• Source: 2 SDR 73, effective May 9, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 95, effective December 15, 1996.
• General Authority: SDCL 36-12-8.
• Law Implemented: SDCL 36-12-8.

Chapter 20:57:02 Licensure requirements

ARSD 20:57:02:01 Application for license

Any person seeking license to practice veterinary medicine in the state of South Dakota shall make application to the South Dakota State Board of Veterinary Medical Examiners at the principal office of the board.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-12.
• Law Implemented: SDCL 36-12-12.

ARSD 20:57:02:02 Repealed

Personal appearance.** Repealed.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 95, effective December 15, 1996; 44 SDR 158, effective May 7, 2018.

ARSD 20:57:02:03 General application requirements

An applicant for licensure must fulfill the following requirements:

(1) Submit an affidavit, with the applicant's photograph attached, attesting to the qualifications required by SDCL chapter 36-12 and this article;

(2) List all states in which the applicant is or has been licensed to practice veterinary medicine;

(3) State all places where the applicant has previously practiced veterinary medicine and give the time of the practice;

(4) State whether the applicant has ever been convicted of any felony criminal offense, and give the nature and location of the offense;

(5) Give the applicant's history of veterinary medical schooling, including dates and places, and diplomas earned;

(6) Submit an application fee of $75.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 95, effective December 15, 1996; 36 SDR 183, effective May 20, 2010; 44 SDR 158, effective May 7, 2018.
• General Authority: SDCL 36-12-12.
• Law Implemented: SDCL 36-12-12, 36-12-13, 36-12-15.

ARSD 20:57:02:04 Repealed

Application for reciprocity.** Repealed.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 95, effective December 15, 1996.

ARSD 20:57:02:05 Repealed

Written examination.** Repealed.

History

• Source: 11 SDR 144, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 73, effective December 16, 1986; repealed, 23 SDR 95, effective December 15, 1996.

ARSD 20:57:02:06 Repealed

Passing grade on examinations.** Repealed.

History

• Source: 11 SDR 144, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 73, effective December 16, 1986; repealed, 23 SDR 95, effective December 15, 1996.

ARSD 20:57:02:07 Repealed

Passing grade on national boards for reciprocity.** Repealed.

History

• Source: 13 SDR 73, effective December 16, 1986; repealed, 23 SDR 95, effective December 15, 1996.

ARSD 20:57:02:08 Licensure requirements for graduates of accredited schools

The board may issue a license to applicants who are graduates of veterinary medicine schools accredited by the American Veterinary Medical Association (AVMA) who meet the following requirements:

(1) Complete application procedures in §§ 20:57:02:01 to 20:57:02:03, inclusive;

(2) Complete one of the following examinations in veterinary medicine:

(a) The North American Veterinary Licensing Examination (NAVLE), as prepared by the International Council for Veterinary Assessment (ICVA), with a passing score of 425 or greater: or

(b) The National Board Examination (NBE) and the Clinical Competency Test (CCT) as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC) or its predecessor organization the National Board of Veterinary Medical Examiners with a passing score of 70 percent or higher; and

(3) Complete with a score of 90 percent or higher an examination administered or authorized by the board covering state laws and rules regarding veterinary medicine and covering the principles of veterinary medical ethics as published on the American Veterinary Medical Association (AVMA) website.

Reference: American Veterinary Medical Association. https://www.avma.org/KB/Policies/Pages/Principles-of-Veterinary-Medical-Ethics-of-the-AVMA.aspx.

History

• Source: 23 SDR 95, effective December 15, 1996; 44 SDR 158, effective May 7, 2018.
• General Authority: SDCL 36-12-12.
• Law Implemented: SDCL 36-12-12, 36-12-13, 36-12-14.

ARSD 20:57:02:09 Licensure requirements for graduates of nonaccredited foreign schools

The board may issue a license to applicants who are graduates of nonaccredited foreign colleges of veterinary medicine who meet the following requirements:

(1) Possess one of the following:

(a) A certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates (ECFVG): or

(b) A certificate issued by the Program for the Assessment of Veterinary Education Equivalence (PAVE) as administered by the American Association of Veterinary State Boards (AAVSB): or

(c) A certificate of qualification issued by the Canadian Veterinary Medical Association; and

(2) Complete the requirements of subdivisions (1) and (3) of § 20:57:02:08.

History

• Source: 23 SDR 95, effective December 15, 1996; 44 SDR 158, effective May 7, 2018.
• General Authority: SDCL 36-12-12.
• Law Implemented: SDCL 36-12-12, 36-12-13, 36-12-14.

ARSD 20:57:02:10 Repealed

Requirements for licensure by endorsement.** Repealed.

History

• Source: 23 SDR 95, effective December 15, 1996; 36 SDR 183, effective May 20, 2010; 44 SDR 158, effective May 7, 2018.

ARSD 20:57:02:11 Repealed

License in good standing defined.** Repealed.

History

• Source: 23 SDR 95, effective December 15, 1996; 44 SDR 158, effective May 7, 2018.

ARSD 20:57:02:12 Annual renewal, registration on a biennial basis

Each person licensed by the board to practice veterinary medicine shall submit before July first a fee of $100 on a biennial basis. The fee must accompany the registration renewal application on forms supplied by the board. No licensed person applying for a certificate of registration after July first may be issued a certificate without paying a late fee of $50.

History

• Source: 36 SDR 183, effective May 20, 2010.
• General Authority: SDCL 36-12-19.
• Law Implemented: SDCL 36-12-12, 36-12-13, 36-12-14, 36-12-15.

Chapter 20:57:03 Veterinary technicians

ARSD 20:57:03:01 Veterinary technician qualifications

Veterinary technicians shall possess the following qualifications:

(1) Have successfully completed an approved high school course of study or its equivalency;

(2) Have successfully completed a veterinary technician course of study in a school approved by the board;

(3) Have passed the Veterinary Technician National Exam (VTNE) as administered by the American Association of Veterinary State Boards (AAVSB) with a score of 425 or greater.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 51, effective October 2, 2012; 44 SDR 158, effective May 7, 2018.
• General Authority: SDCL 36-12-21.2.
• Law Implemented: SDCL 36-12-21.2.

ARSD 20:57:03:02 Application for registry

Applications for registry of a veterinary technician by a licensed veterinarian may be obtained by a written request made to the secretary of the board.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-21.2.
• Law Implemented: SDCL 36-12-21.2.

ARSD 20:57:03:03 Qualifications listed in application

Applications for registry of a veterinary technician shall list the veterinary services which, in the opinion of the applicant, by training and experience or course of study, the technician is qualified to perform and which the veterinarian intends the applicant to perform if registered as a veterinary technician. Both the applicant and the technician shall certify that the technician shall limit the services to be rendered to those for which the technician has been duly registered.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-21.2.
• Law Implemented: SDCL 36-12-21.3.

ARSD 20:57:03:04 Review of application information by board

Upon receiving an application for registry of a veterinary technician, and upon receiving a registration fee of $20, the board shall review all information submitted and determine what veterinary services the veterinary technician for whom application is made is qualified to perform. If the board requires more information to make such a determination, the board shall request it from the applicant.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 183, effective May 20, 2010.
• General Authority: SDCL 36-12-21.2, 36-12-21.3.
• Law Implemented: SDCL 36-12-21.3.

ARSD 20:57:03:05 Registry of veterinary technician

Upon the board's making a determination on registry of a veterinary technician, the board shall notify the veterinary employer and the veterinary technician to be registered of its determination and specify in the notice the services the board has determined the veterinary technician is qualified to perform and for which the veterinary technician is registered.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-21.2.
• Law Implemented: SDCL 36-12-21.4.

ARSD 20:57:03:06 Personal supervision of veterinary technician for three months

A person employed and registered as a veterinary technician may not perform any services not personally supervised by the veterinarian by whom the veterinary technician is employed for a period of three months following employment.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-21.2.
• Law Implemented: SDCL 36-12-21.6.

ARSD 20:57:03:07 Registry of additional services

At the time of annual renewal of the registry of a veterinary technician, the applicant may submit proof of additional training and qualification for consideration by the board and specify in the veterinary technician's opinion what veterinary services the veterinary technician is qualified to perform in addition to those for which the technician was previously registered. The board, upon receipt of any additional proof as required by it, may grant registry to perform the additional services and give notice of them to both the veterinary employer and the registered veterinary technician.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-21.2.
• Law Implemented: SDCL 36-12-21.3, 36-12-21.5.

ARSD 20:57:03:08 Annual renewal fee

The annual renewal fee for a veterinary technician, registered as provided in this chapter, is five dollars and shall continue the technician's right to perform veterinary services for which the technician is registered.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-21.5.
• Law Implemented: SDCL 36-12-21.5

ARSD 20:57:03:08.01 Veterinary technician renewal application form and requirements

A veterinary technician renewal application must be on a form provided by the South Dakota Veterinary Medical Examining Board and provide proof of continuing education completed by the applicant. the applicant's continuing education must consist of a minimum of twelve credit hours in the twenty-four months before the submission of the renewal application. The continuing education may include South Dakota Veterinary Medical Association sponsored courses and other courses relating to veterinary science and technology, including clinical techniques, diagnostics, therapeutics, animal care, and record keeping as approved by the Examining Board.

History

• Source: 25 SDR 56, effective October 21, 1998.
• General Authority: SDCL 36-12-21.1.
• Law Implemented: SDCL 36-12-21.2.

ARSD 20:57:03:09 Declaratory rulings by board -- Procedure

Any licensed veterinarian may petition the board for declaratory rulings as to what constitutes direction and supervision of a veterinary technician as provided in SDCL 36-12-21.6 by sending a written petition or request to the secretary of the board. The board shall, at the next regular meeting of board or at the next special meeting of the board, make its declaratory ruling and shall notify the person in writing of the decision and disposition of the petition within 30 days after that.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 1-26-15, 36-12-21.2.
• Law Implemented: SDCL 1-26-15, 36-12-21.4.

ARSD 20:57:03:10 Unprofessional conduct

It is unprofessional conduct for a licensed veterinarian to knowingly permit any veterinary technician employed by the veterinarian to perform any act not permitted by SDCL 36-12, including permitting such technician to do work without the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed, and it is unprofessional conduct of the veterinary technician to perform any such act.

History

• Source: Effective June 26, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-12, 36-12-21.2, 36-12-22.1.
• Law Implemented: SDCL 36-12-21.6, 36-12-21.8, 36-12-22.

Chapter 20:57:04 Continuing education

ARSD 20:57:04:01 Required hours of continuing education

Each veterinarian licensed and registered in this state must complete 16 hours of continuing education annually in subjects related to the practice of veterinary medicine.

History

• Source: 7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 95, effective December 15, 1996.
• General Authority: SDCL 36-12-19.1.
• Law Implemented: SDCL 36-12-19.1.

ARSD 20:57:04:02 Educational programs

The continuing education as required by § 20:57:04:01 may be earned by attendance at an educational program related to the practice of veterinary medicine sponsored or approved by the board.

History

• Source: 7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-19.1.
• Law Implemented: SDCL 36-12-19.1, 36-12-19.2.

ARSD 20:57:04:03 Proof of attendance

Every veterinarian seeking renewal of registration shall submit proof of attendance at educational programs upon the request of the board.

History

• Source: 7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-19.1.
• Law Implemented: SDCL 36-12-19.1, 36-12-19.2.

ARSD 20:57:04:04 Waiver of continuing education requirements

The board may excuse a licensee from the annual continuing education requirements if the licensee submits an affidavit to the board that the licensee was prevented from attending sufficient educational programs because of a certified illness or undue hardship.

History

• Source: 7 SDR 14, effective August 18, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
• General Authority: SDCL 36-12-19.1.
• Law Implemented: SDCL 36-12-19.1.

Chapter 20:57:05 Veterinary livestock assistants

ARSD 20:57:05:01 Registry of veterinary livestock assistants

An application for registry of a veterinary livestock assistant shall be filed with the board. The application shall be signed by a veterinarian licensed in the state of South Dakota who shall supervise the veterinary livestock assistant and by the person who is applying to be registered as a veterinary livestock assistant.

The application shall be on forms provided by the board and shall set forth the functions that the veterinary livestock assistant may perform.

History

• Source: 28 SDR 51, effective October 10, 2001.
• General Authority: SDCL 36-12-2.
• Law Implemented: SDCL 36-12-2.

ARSD 20:57:05:02 Practice agreement

Each veterinarian and veterinary livestock assistant shall enter into a practice agreement which shall set forth the terms and conditions of the supervision to be required by the veterinarian and the activities to be performed by the livestock veterinary assistant. The practice agreement shall be filed with the board.

History

• Source: 28 SDR 51, effective October 10, 2001.
• General Authority: SDCL 36-12-2.
• Law Implemented: SDCL 36-12-2.

ARSD 20:57:05:03 Registration certificate

Upon receipt of the practice agreement and a properly completed application, the board shall issue a registration certificate for each veterinary livestock assistant. The certificate shall state the name and address of the licensed veterinarian who supervises the veterinary livestock assistant and the year of registration. The name and address of the registered veterinary livestock assistant shall be posted in the office of the supervising veterinarian.

History

• Source: 28 SDR 51, effective October 10, 2001.
• General Authority: SDCL 36-12-2.
• Law Implemented: SDCL 36-12-2.

ARSD 20:57:05:04 Annual registration

Registration of a veterinary livestock assistant shall be prior to July 1 and shall be renewed prior to July 1 each year thereafter. The renewal application shall be on forms provided by the board and shall include all requirements stated in §§ 20:57:05:01 to 20:57:05:03, inclusive.

History

• Source: 28 SDR 51, effective October 10, 2001.
• General Authority: SDCL 36-12-2.
• Law Implemented: SDCL 36-12-2.