N.D. Admin. Code Title 87 — Veterinary Medical Examiners, Board of

Article 87-01 General Administration

Chapter 87-01-01 Organization of Board

N.D. Admin. Code 87-01-01-01 Organization of board of veterinary medical examiners

1.History. The 1895 legislative assembly passed a law entitled "Qualifications of Veterinarians" which requires the governor to appoint a board of veterinary examiners, known as the state board of veterinary medical examiners.

2.Board membership. The board consists of five members (three veterinarians, one veterinary technician, and one public member) who serve three-year terms, with no more than two terms expiring each year.

3.Compensation of members of board. A member of the board may receive for each day during which that member is actually engaged in the performance of the duties of office a per diem in the amount of one hundred fifty dollars.

4.Executive director. The board employs an executive director and such other persons necessary to carry out administration of the board's activities.

5.Inquiries. Inquiries regarding the board may be directed to the executive director.

August 1, 2004; January 1, 2014; April 1, 2022; April 1, 2026.

History

• History: Amended effective November 1, 1981; April 1, 1988; November 1, 1991; March 1, 1999;
• General Authority: NDCC 28-32-02, 43-29-03
• Law Implemented: NDCC 28-32-02, 43-29-02, 43-29-05, 43-29-05.1

Article 87-01.1 Veterinarian Licensure

Chapter 87-01.1-01 Procedures for Licensure of Veterinarians

N.D. Admin. Code 87-01.1-01 Procedures for Licensure of Veterinarians

ARTICLE 87-01.1

VETERINARIAN LICENSURE

Chapter 87-01.1-01Procedures for Licensure of Veterinarians

CHAPTER 87-01.1-01

PROCEDURES FOR LICENSURE OF VETERINARIANS

Section 87-01.1-01-01Requirements for Licensure as a Veterinarian - Application - State Board Examination 87-01.1-01-02Examination Application Fee [Repealed] 87-01.1-01-03Temporary License 87-01.1-01-03.1Military Member and Military Spouse Licensure 87-01.1-01-04Prerequisites for Taking the National Examination - Graduates from Nonaccredited Institutions 87-01.1-01-05Veterinarian License Renewal 87-01.1-01-06Discipline Reporting 87-01.1-01-07Name Change 87-01.1-01-08Change of Address 87-01.1-01-01. Requirements for licensure as a veterinarian - Application - State board examination.

1.An individual desiring a license to practice veterinary medicine in this state must meet the following requirements:

a.The individual must be a graduate of an approved college of veterinary medicine or fulfill the requirements as set forth in section 87-01.1-01-04 for a graduate of a college that is not an approved college of veterinary medicine. An approved college of veterinary medicine must be accredited by the American veterinary medical association council on education;

b.The individual shall pass the national board examination and the clinical competency test or the North American veterinary licensing examination. The board adopts the passing score on the national examination recommended by the international council for veterinary assessment. Applicants shall request that their examination scores be sent to the board. North Dakota candidates may apply for and take the North American veterinary licensing examination according to eligibility criteria, deadlines, and fees specified in the annual agreement between the board and the international council for veterinary assessment. An individual who fails the North American veterinary licensing examination may retake the examination in keeping with the retake policy of the international council for veterinary assessment;

c.The individual shall:

(1)Complete the application form provided by the board;

(2)Pay the nonrefundable application fee of eighty dollars;

(3)Pay the initial license fee of one hundred ten dollars;

(4)Provide a copy of the individual's diploma or other official proof of graduation;

(5)Provide verification of any license to practice veterinary medicine issued by a another jurisdiction; and (6)Sign a statement attesting the applicant has read, understands, and shall abide by the statutes and regulations governing the practice of veterinary medicine in this state; and

d.The individual shall receive a passing score of eighty percent on the state board examination. The individual must be approved to take the state board examination upon submission of a completed application and all necessary documents. The state board examination is a jurisprudence examination that may be administered by written or electronic methods. An individual who fails the state board examination may be allowed to retake the examination after a period of thirty days upon repayment of the application fee. An individual who fails the state board examination twice shall have approval by the board to take the state board examination a third time. An individual who fails the state board examination a third time shall petition the board for reconsideration of eligibility to further take the state board examination.

2.The individual may be required to complete an oral interview at the request of the board.

3.The board shall issue a license to each applicant who meets the requirements to practice veterinary medicine in this state. The license may be issued by the executive director and approved by the board at one of its regular meetings if there is no previous discipline, criminal conviction, or other concern related to the individual's ability to practice veterinary medicine.

4.A senior veterinary student may submit an application and take the state board examination if the student has taken and passed the North American veterinary licensing examination and submits a letter from the dean of an approved college of veterinary medicine indicating the student's anticipated graduation date.

5.An applicant found unqualified may request a hearing on the question of the applicant's qualifications.

6.If the application for licensure has not been successfully completed within one year from the date of initial submission, a new application and fee are required.

History: Effective January 1, 1999; amended effective November 1, 2000; June 1, 2002; August 1, 2004; April 1, 2009; January 1, 2014; April 1, 2022; April 1, 2026. 87-01.1-01-02. Examination application fee.

Repealed effective April 1, 2026. 87-01.1-01-03. Temporary license.

1.The board may issue a temporary license to practice veterinary medicine in this state to:

a.An approved applicant who has not passed the state board examination. The temporary license given is valid until the individual has passed the state board examination and a license is issued, or, if the individual has not passed the state board examination, after a period of one year;

b.A foreign practitioner, if the temporary license is issued for a period of no more than sixty days and no more than one temporary license is issued during each calendar year; or

c.A qualified individual as approved by the board.

2.The fee for a temporary license is forty-five dollars.

History: Effective January 1, 1999; amended effective November 1, 2000; April 1, 2022; April 1, 2026.

General Authority: NDCC 43-29-07.2, 43-29-03

Law Implemented: NDCC 43-29-07.2 87-01.1-01-03.1. Military member and military spouse licensure.

The board shall adhere to the process for licensure of military members and military spouses set forth in North Dakota Century Code section 43-51-11.1.

History: Effective April 1, 2022; amended effective April 1, 2026. 87-01.1-01-04. Prerequisites for taking the national examination - Graduates from nonaccredited institutions.

1.A graduate of a college that is not an approved college of veterinary medicine must be enrolled in the educational commission for foreign veterinary graduates program of the American veterinary medical association or the educational equivalence program of the American association of veterinary state boards to be approved to take the North American veterinary licensing examination.

2.For a graduate of a college that is not an approved college of veterinary medicine to qualify to take the state board examination, the individual shall have a certificate issued by the American veterinary medical association educational commission for foreign veterinary graduates, the American association of veterinary state boards educational equivalence program, or the Canadian veterinary medical association certificate of qualification.

History: Effective January 1, 1999; amended effective November 1, 2000; June 1, 2002; April 1, 2026. 87-01.1-01-05. Veterinarian license renewal.

1.Annual renewal notice must be provided to all veterinarians on or before June first and completed license renewal forms must be received by June thirtieth.

2.The annual license renewal fee for veterinarians is one hundred ten dollars and must be received by June thirtieth each year.

3.Renewals not received by the due date must be assessed a late fee of fifty percent of the renewal fee.

General Authority: NDCC 43-29-03, 43-29-07.3

Law Implemented: NDCC 43-29-07.3 87-01.1-01-06. Discipline reporting.

A veterinarian is required to report affirmatively any initiated disciplinary action from any other regulatory body to the board within thirty days of the other regulatory body's initiation of the disciplinary action. 87-01.1-01-07. Name change.

A veterinarian shall report a personal name change to the board within thirty days. Proper documentation must be provided upon request. 87-01.1-01-08. Change of address.

A veterinarian shall report a change in address, employer, and contact information to the board within thirty days after the change has taken place.

Article 87-02 Veterinarian Continuing Education

Chapter 87-02-01 Veterinarian Continuing Education Requirements

N.D. Admin. Code 87-02-01-01 License renewal

N.D. Admin. Code 87-02-01-02 Educational program attendance required

Each veterinarian is required to receive twenty-four hours of veterinary continuing education, approved by the board, in the twenty-four months preceding each even-year renewal date, unless the veterinarian has have been approved by the board for a continuing education waiver. Veterinary continuing education is defined as an educational program which enhances the licenseholder's professional ability to serve the public and which has the prior approval of the board. For a veterinarian who is issued a license fewer than twenty-four months prior to the even-year renewal date, the required continuing education must be adjusted accordingly.

History

• History: Amended effective November 1, 1991; January 1, 1999; April 1, 2022; April 1, 2026.
• Law Implemented: NDCC 43-29-03, 43-29-07.3

N.D. Admin. Code 87-02-01-03 Educational program requirement waiver

The board may waive the continuing education requirements for an individual, upon the individual's request, for any of the following reasons:

1.Impaired health.

2.For individuals who are no longer actively engaged in practice and have so indicated on their license renewal form. The license of the individual must be placed on inactive status and the individual subsequently may not practice veterinary medicine in North Dakota until the individual satisfies the continuing education requirements for the years the license was on inactive status.

3.For other legitimate reasons as presented and verified to the board at one of its regular meetings.

History

• History: Amended effective November 1, 1991; January 1, 1999; April 1, 2009; April 1, 2022; April 1, 2026.

N.D. Admin. Code 87-02-01-04 Educational program requirements

1.Veterinary continuing education may consist of the following:

a.Programs sponsored by local, state, regional, or national veterinary associations.

b.Seminars or training approved by the North Dakota veterinary medical examining board.

The seminars or training may be approved if they relate to the practice of veterinary medicine, as defined by subsection 18 of North Dakota Century Code section 43-29-01.1, and consist of evidence-based scientific material.

c.Programs approved by the registry of approved continuing education of the American association of veterinary state boards.

d.Wet labs or instructions, or both, taken at a college or university, the subject material of which must pertain to veterinary medicine.

e.Programs presented by pharmaceutical companies and other commercial groups may be approved, if they consist of objective presentations of scientific information and are not designed principally to sell products to the veterinarian or client.

f.United States department of agriculture modules, which may be approved if completed for the purpose of initial accreditation or accreditation renewal. Each self-study accreditation module is eligible for one-half credit of continuing education.

g.In-person attendance at a regular board meeting. This does not apply to an individual who is serving as a board member or who is the subject of a complaint or board investigation being discussed at the meeting.

2.Continuing education must be categorized by the following type of education or method of delivery:

a.In-person continuing education is defined as a presentation for which the presenter is in the same room as the attendee.

b.Live virtual continuing education is defined as a presentation for which the presenter is utilizing technology to deliver a presentation to an attendee in real time and communication between the speaker and attendee is available.

c.Prerecorded virtual continuing education is defined as a presentation for which the presenter is utilizing technology to deliver a presentation that is not in real time and communication between the speaker and attendee is not available.

d.The veterinary exchange program consists of participation in a clinical setting at another veterinary practice with the purpose of learning new skills or techniques. Completion of a written report is required.

3.One hour of continuing education credit must be given for each period of not less than fifty minutes of attendance at an approved continuing education program.

4.The following limits on continuing education apply:

a.A maximum of eight hours of veterinary continuing education may relate to practice management. Programs designed to enhance the veterinarian's ability to earn money or invest money or that relate to personal financial planning do not meet continuing education requirements.

b.A maximum of eight hours of veterinary continuing education may be done through the veterinary exchange program.

c.A maximum of four hours of veterinary continuing education may be done through in-person board meeting attendance.

d.Eighteen of the twenty-four hours of approved veterinary continuing education must be completed through in-person or live virtual methods of delivery.

5.Proof of attendance and verification must be provided on request. Verification may include a program, certificate, brochure, handout, or syllabus that lists the topics presented, the individual instructing, the individual's qualifications, and the time for each presentation.

Verification may be completed through a third-party database at the discretion of the board.

April 1, 2022; April 1, 2026.

History

• History: Amended effective November 1, 1991; January 1, 1999; April 1, 2009; January 1, 2014;

N.D. Admin. Code 87-02-01-05 Notice of failure to comply

If a veterinarian fails to complete the continuing education requirements, notice must be sent to the licenseholder. At the discretion of the board, a six-month grace period may be allowed to make up the requirement. If after six months the requirements have not been met, the license must be revoked, suspended, or placed on probationary status.

History

• History: Amended effective November 1, 1991; January 1, 1999; April 1, 2022; April 1, 2026.

N.D. Admin. Code 87-02-01-06 Discipline reporting

N.D. Admin. Code 87-02-01-07 Name change

Article 87-03 Veterinary Technician Licensure

Chapter 87-03-01 Procedures for Licensure of Veterinary Technicians

N.D. Admin. Code 87-03-01-01 Definition of a veterinary technician

N.D. Admin. Code 87-03-01-02 Requirements for licensure as a veterinary technician

1.An individual desiring a license to practice veterinary technology in the state shall meet the following requirements:

a.The individual must be a graduate of an approved program in veterinary technology or fulfill the requirements as set forth in section 87-03-01-03 for a graduate of a program that is not an approved program in veterinary technology. An approved program in veterinary technology is accredited by the American veterinary medical association committee on veterinary technician education and activities or the Canadian veterinary medical association;

b.The individual shall pass the veterinary technician national examination. The board adopts the passing score on the national examination recommended by the American association of veterinary state boards. Applicants shall request that their examination scores be sent to the board. North Dakota candidates may apply for and take the veterinary technician national examination according to eligibility criteria, deadlines, and fees specified in the annual agreement between the board and the American association of veterinary state boards. An individual who fails the veterinary technician national examination may retake the examination in keeping with the retake policy of the American association of veterinary state boards;

c.The individual shall:

(1)Complete the application form provided by the board;

(2)Pay the nonrefundable application fee of forty dollars;

(3)Pay the initial license fee of thirty dollars;

(4)Provide a copy of the individual's diploma or other official proof of graduation;

(5)Provide verification of any license to practice veterinary technology issued by another jurisdiction; and (6)Sign a statement attesting that the applicant has read, understands, and shall abide by the statutes and regulations governing the practice of veterinary technology in this state; and

d.The individual shall receive a passing score of eighty percent on the state board examination. The individual must be approved to take the state board examination upon submission of a completed application and all necessary documents. The state board examination is a jurisprudence examination that may be administered by written or electronic methods. An individual who fails the state board examination may be allowed to retake the examination after a period of thirty days upon repayment of the application fee. An individual who fails the state board examination twice must have approval by the board to take the state board examination a third time. An individual who fails the state board examination a third time must petition the board for reconsideration of eligibility to further take the state board examination.

2.The individual may be required to complete an oral interview at the request of the board.

3.The board shall issue a license to each applicant who meets the requirements to practice veterinary technology in the state. The license may be issued by the executive director and approved by the board at one of its regular meetings if there is no previous discipline, criminal conviction, or other concern related to the individual's ability to practice veterinary technology.

4.An applicant found unqualified may request a hearing on the question of the applicant's qualifications.

5.If the application for licensure has not been successfully completed within one year from the date of initial submission, a new application and fee is required.

The board shall adhere to the process for licensure of military members and military spouses set forth in North Dakota Century Code section 43-51-11.1.

History

• History: Effective October 1, 1981; amended effective November 1, 1991; January 1, 1999; April 1, 2009; April 1, 2022; April 1, 2026. 87-03-01-02.1. Military member and military spouse licensure.
• History: Effective April 1, 2026.

N.D. Admin. Code 87-03-01-03 Prerequisites for taking the national examination - Graduates from nonaccredited institutions

A graduate of a veterinary technology program that is not an approved program in veterinary technology must be approved by the board to take the veterinary technician national examination and the state board examination.

April 1, 2022; April 1, 2026.

History

• History: Effective October 1, 1981; amended effective April 1, 1986; November 1, 1991; April 1, 2009;

N.D. Admin. Code 87-03-01-04 Veterinary technician - License renewal

1.Annual renewal notice must be provided to all veterinary technicians on or before December first, and completed license renewal forms must be received by December thirty-first.

2.The annual license renewal fee for veterinary technicians is thirty dollars and must be received by December thirty-first each year.

3.Renewals not received by the due date must be assessed a late fee of fifty percent of the renewal fee.

History

• History: Effective October 1, 1981; amended effective November 1, 1991; January 1, 1999; August 1, 2004; April 1, 2009; April 1, 2022; April 1, 2026.
• General Authority: NDCC 43-29-03, 43-29-08.1
• Law Implemented: NDCC 43-29-08.1

N.D. Admin. Code 87-03-01-05 Educational program attendance required

N.D. Admin. Code 87-03-01-06 Educational program requirement waiver

N.D. Admin. Code 87-03-01-07 Educational program requirements

N.D. Admin. Code 87-03-01-08 Notice of failure to comply

N.D. Admin. Code 87-03-01-09 Discipline reporting

A veterinary technician is required to report affirmatively any initiated disciplinary action from any other regulatory body to the board within thirty days of that other regulatory body's initiation of the disciplinary action.

History

• History: Effective April 1, 2022; amended effective April 1, 2026.

N.D. Admin. Code 87-03-01-10 Name change

A veterinary technician shall report a personal name change to the board within thirty days. Proper documentation must be provided upon request.

History

• History: Effective April 1, 2022; amended effective April 1, 2026.

N.D. Admin. Code 87-03-01-11 Change of address

A veterinary technician shall report a change in address, employer, and contact information to the board within thirty days after the change has taken place.

History

• History: Effective April 1, 2026.

Chapter 87-03-02 Veterinary Technician Continuing Education Requirements

N.D. Admin. Code 87-03-02-01 Educational program attendance required

A veterinary technician is required to receive twelve hours of veterinary technician continuing education, approved by the board, in the twenty-four months preceding each even-year renewal date unless the veterinary technician has been approved by the board for a continuing education waiver.

Veterinary technician continuing education is defined as an educational program that enhances the licenseholder's professional ability to serve the public and which has the prior approval of the board.

For a veterinary technician that is issued a license less than twenty-four months prior to the even-year renewal date, the required continuing education must be adjusted accordingly.

N.D. Admin. Code 87-03-02-02 Educational program requirement waiver

The board may waive the continuing education requirements for an individual, upon the individual's request, for any of the following reasons:

1.Impaired health.

2.For individuals who are no longer actively engaged in practice and have so indicated on their license renewal form. The license of the individual must be placed on inactive status and the individual subsequently may not practice veterinary technology in North Dakota until the individual satisfies the continuing education requirements for the years the license was on inactive status.

3.For other legitimate reasons as presented and verified to the board at one of its regular meetings.

N.D. Admin. Code 87-03-02-03 Educational program requirements

1.Veterinary technician continuing education may consist of the following:

a.Programs sponsored by local, state, regional, or national veterinary or veterinary technician associations.

b.Seminars or training approved by the North Dakota veterinary medical examining board.

The seminars or training may be approved if they relate to the practice of veterinary medicine or veterinary technology, as defined by subsections 18 and 19 of North Dakota Century Code section 43-29-01.1 and consist of evidence-based scientific material.

c.Programs approved by the registry of approved continuing education of the American association of veterinary state boards.

d.Wet labs or instructions, or both, taken at a college or university, the subject material of which must pertain to veterinary medicine or veterinary technology.

e.Programs presented by pharmaceutical companies and other commercial groups may be approved, if they consist of objective presentations of scientific information and are not designed principally to sell products to the veterinary technician or client.

f.In-person attendance at a regular board meeting. This does not apply to an individual who is serving as a board member or who is the subject of a complaint or board investigation being discussed at the meeting.

2.Continuing education must be categorized by the following type of education or method of delivery:

a.In-person continuing education is defined as a presentation for which the presenter is in the same room as the attendee.

b.Live virtual continuing education is defined as a presentation for which the presenter is utilizing technology to deliver a presentation to an attendee in real time and communication between the speaker and attendee is available.

c.Prerecorded virtual continuing education is defined as a presentation for which the presenter is utilizing technology to deliver a presentation that is not in real time and communication between the speaker and attendee is not available.

d.The veterinary exchange program consists of participation in a clinical setting at another veterinary practice with the purpose of learning new skills or techniques. Completion of a written report is required.

3.One hour of continuing education credit must be given for each period of not less than fifty minutes of attendance at an approved continuing education program.

4.The following limits on continuing education must apply:

a.A maximum of four hours of veterinary technician continuing education may relate to practice management. Programs designed to enhance the veterinary technician's ability to earn money or invest money, or that relate to personal financial planning do not meet continuing education requirements.

b.A maximum of four hours of veterinary technician continuing education may be done through the veterinary exchange program.

c.A maximum of four hours of veterinary technician continuing education may be done through in-person board meeting attendance.

d.Nine of the twelve hours of approved veterinary technician continuing education must be completed through in-person or live virtual methods of delivery.

5.Proof of attendance and verification must be provided on request. Verification may include a program, certificate, brochure, handout, or syllabus that lists the topics presented, the individual instructing, the individual's qualifications, and the time for each presentation.

Verification may be completed through a third-party database at the discretion of the board.

N.D. Admin. Code 87-03-02-04 Notice of failure to comply

If a veterinary technician fails to complete the continuing education requirements, notice must be sent to the licenseholder. At the discretion of the board, a six-month grace period may be allowed to make up the requirement. If after six months the requirements have not been met, the license must be revoked, suspended, or placed on probationary status.

Article 87-04 Veterinary Prescriptive Practices

Chapter 87-04-01 Prescriptions and Records

N.D. Admin. Code 87-04-01-01 Veterinary prescription drugs

Veterinary prescription drugs are to be used or prescribed only within the context of a valid veterinarian-client-patient relationship. Veterinary prescription drugs are those drugs restricted by federal law to use by or on the order of a licensed veterinarian.

History

• History: Effective January 1, 1999.

N.D. Admin. Code 87-04-01-02 Prescription drugs - Records - Labeling - Dispensing

1.Adequate treatment records must be maintained by the veterinarian for at least three years, for all animals treated, to show that the drugs were supplied to clients with whom a valid veterinarian-client-patient relationship has existed. Such records must include the information set forth in section 87-04-01-03.

2.All veterinary prescription drugs must be properly labeled when dispensed. A complete label must include the information set forth in section 87-04-01-03. If that information is included in a manufacturer's drug label, it is unnecessary to repeat it in the veterinarian's label. If there is inadequate space on the label for complete instructions, the veterinarian must provide additional information to accompany the drug dispensed or prescribed.

3.When veterinary prescription drugs are dispensed to companion animal owners, such drugs must be placed in child-resistant containers, unless otherwise requested by the client.

4.After a valid veterinarian-client-patient relationship has been established, a veterinarian shall make available, upon request, and may assess a reasonable cost for, a prescription for a drug that has been determined by the veterinarian to be appropriate for the patient.

5.Nonpharmacologic and non-opioid treatment must be given consideration before dispensing an opioid or other controlled substance.

History

• History: Effective January 1, 1999; amended effective April 1, 2009; July 1, 2016; April 1, 2022.

N.D. Admin. Code 87-04-01-03 Basic information of records, prescriptions, and labels

1.Records of prescription drugs must contain the:

b.Name, address, and telephone number of client.

g.Number of refills authorized.

h.Cautionary statements, as needed.

2.Prescriptions must contain the:

b.Name, address, and telephone number of client.

g.Number of refills authorized.

h.Cautionary statements, as needed.

i.Signature or equivalent.

3.Prescription labels must contain the:

b.Name of client.

g.Cautionary statements, as needed.

h.Expiration date.

History

• History: Effective January 1, 1999.

N.D. Admin. Code 87-04-01-04 Storage of prescription drugs

1.Veterinary prescription drugs must be stored in designated areas within the practice which are sufficient to ensure proper sanitation, temperature, light, ventilation, moisture control, segregation, and security.

2.Controlled substances must be purchased, stored, and monitored in compliance with drug enforcement agency requirements.

History

• History: Effective January 1, 1999; amended effective April 1, 2022; April 1, 2026.

Chapter 87-04-02 Patient Records

N.D. Admin. Code 87-04-02-01 Companion animal records

Patient records must contain the following information in electronic or written legible form:

1.Client name, address, and phone numbers.

2.Patient name, breed, description, sex, and age.

3.Results of any patient physical examinations, plans for diagnostic procedures and treatment, and results of diagnostic procedures and treatment.

4.Medications used, including route of administration and dosage.

5.Evidence of the client's consent for all surgical procedures and euthanasias. A signed consent form obtained from each client is preferred, but not required if the records reflect oral consent was received.

6.Identity of the veterinarian or authorized representative making entry of record.

History

• History: Effective January 1, 1999; amended effective April 1, 2022; April 1, 2026.
• General Authority: NDCC 43-29-03
• Law Implemented: NDCC 43-29-03

N.D. Admin. Code 87-04-02-02 Livestock records

Patient records must contain the following information in electronic or written legible form:

1.Client name, address, and phone numbers.

2.Identification of animals or herds treated.

3.Any medications used, including route of administration and dosage.

4.Evidence of client's consent for all surgical procedures and euthanasias. Although it is preferred that a signed consent form be obtained from each client, such is not required as long as the records reflect oral consent was received.

5.Identify of the veterinarian or authorized representative making entry of record.

History

• History: Effective January 1, 1999; amended effective April 1, 2022.
• General Authority: NDCC 43-29-03
• Law Implemented: NDCC 43-29-03

Article 87-05 Veterinarian Disciplinary Proceedings

Chapter 87-05-01 Complaints and Peer Review

N.D. Admin. Code 87-05-01-01 Complaint

1.A person may file a written complaint with the board setting forth the specific charges upon which the complaint is made. Upon receiving a complaint, the board shall notify the veterinarian or veterinary technician of the complaint and request the veterinarian or veterinary technician provide a written response to the complaint within twenty days of receipt of the board's notice. The response from the veterinarian or veterinary technician must be made available to the complainant.

2.After receiving the response, the board shall review the complaint and response and determine whether, on its face, the complaint warrants further action by the board.

a.If the board determines the complaint does not warrant further action, the complaint is dismissed and the complainant and the veterinarian must be notified of the decision by the board;

b.If the board determines the complaint warrants additional investigation, the board shall determine whether the complaint be referred to a peer review committee for investigation or whether the investigation be conducted by other means; or

c.If the board determines sufficient information exists to warrant initiating formal disciplinary action, the board may attempt to resolve the matter through informal disposition or may initiate a formal disciplinary action pursuant to North Dakota Century Code chapter 28-32.

3.The board may initiate its own investigation and file an administrative complaint upon receiving information that indicates a violation of the practice act or board rules has occurred.

History

• History: Effective January 1, 1999; amended effective April 1, 2022; April 1, 2026.
• General Authority: NDCC 43-29-03
• Law Implemented: NDCC 43-29-15

N.D. Admin. Code 87-05-01-02 Peer review committee

1.The board, after reviewing the complaint and response to the complaint, may appoint a peer review committee for the purpose of investigating the complaint and rendering a recommendation to the board. The board may seek input from the North Dakota veterinary medical association or North Dakota veterinary technician association regarding potential members of the peer review committee.

2.The peer review committee must be appointed by the board and consist of three veterinarians or veterinary technicians. Board members may not serve as peer review committee members.

If, after reviewing the complaint and response, the committee believes additional expertise is needed to render a recommendation, the board may appoint an additional member to the peer review committee who has the training, experience, and expertise necessary to assist in making a recommendation.

3.At the time the peer review committee members are appointed and prior to the review process, the board shall notify the complainant and respondent as to the identity of the members of the peer review committee. The complainant and respondent may submit a documented request that the board excuse a committee member for due cause. The board may excuse the committee member and appoint another committee member to replace the excused member.

4.The peer review committee shall investigate the complaint to determine whether a reasonable

basis exists to believe the respondent violated the laws or rules regulating the practice of veterinary medicine or veterinary technology. The peer review committee is an agent of the board and has the same investigatory powers the board has. The board's legal counsel may provide advice and assistance to the peer review committee.

5.After completing its investigation, the peer review committee shall make a recommendation to the board. The peer review committee shall recommend whether a reasonable basis exists to believe the respondent violated any laws or rules regulating the practice of veterinary medicine or veterinary technology and whether disciplinary action should be commenced. If the committee recommends disciplinary action be commenced, the committee shall identify the factual basis of the recommendation and the law or regulation allegedly violated. A copy of the peer review committee's recommendation must be provided to the complainant and respondent.

6.After receiving the peer review committee's recommendation, the board shall review the recommendation and determine whether to dismiss the complaint, conduct additional investigation, or initiate formal disciplinary action.

History

• History: Effective January 1, 1999; amended effective April 1, 2026.
• General Authority: NDCC 43-29-15
• Law Implemented: NDCC 43-29-15

Chapter 87-05-02 Unprofessional Conduct

N.D. Admin. Code 87-05-02-01 Unprofessional conduct

Unprofessional conduct includes:

1.Failing to meet the minimum standards of practice.

2.Engaging in conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient, in which case, proof of actual injury need not be established.

3.Claiming to have performed or charging for an act or treatment that was, in fact, not performed or given.

4.Promoting, aiding, abetting, or permitting the practice of veterinary medicine or veterinary technology by an unlicensed person.

5.Prescribing or dispensing, delivering, or ordering delivered a controlled substance without first establishing a veterinarian-client-patient relationship as defined in North Dakota Century Code

chapter 43-29 and determining treatment with the controlled substance is therapeutically indicated. Use of euthanizing drugs in recognized animal shelters or government animal control facilities is exempt from this requirement.

6.Willful continuation of prescribing a controlled substance to a patient if reasonably on notice that the substance negligently or willfully has been diverted or is being diverted by the client to human use.

7.Performing surgery to conceal genetic or congenital defects, in any species, with knowledge the surgery has been requested to deceive a third party.

8.Promoting, selling, prescribing, or using a product for which the ingredient formula is unknown to the veterinarian or veterinary technician.

9.Failing to report to law enforcement or humane officers inhumane treatment to animals, including staged animal fights or training events for fights, the veterinarian or veterinary technician reasonably believed occurred.

10.Fraudulently issuing or using a certificate of veterinary inspection, test chart, vaccination report, or other official form used in the practice of veterinary medicine to prevent the dissemination of animal disease, transportation of diseased animals, or the sale of inedible products of animal origin for human consumption.

11.Harassing, abusing, or intimidating a client. Taking legal action to collect for services rendered is not considered harassment.

12.Engaging in conduct that willingly and knowingly leads to the spread of contagious disease from one animal to another.

13.Advertising, stating, or implying the veterinarian or veterinary technician is a certified or recognized specialist in any given field unless:

a.The veterinarian is a diplomate of a specialty board recognized by the American veterinary medical association; or

b.The veterinary technician has achieved certification from a North American veterinary technician association-approved academy.

14.Failure to provide referral to a specialist if medically indicated or requested by the client.

History

• History: Effective August 1, 2004; amended effective January 1, 2014; April 1, 2022; April 1, 2026.
• General Authority: NDCC 43-29-03

N.D. Admin. Code 87-05-02-02 Minimum standards of practice

Minimum standards of practice include:

1.The delivery of veterinary care must be provided in a competent and humane manner consistent with prevailing standards of practice for the species of animal and the professed area of expertise of the veterinarian or veterinary technician.

2.Medical records and radiographs are the physical property of the practice or the proprietor of the practice that prepared them. Records must be maintained for a minimum of three years after the last visit. Radiographs must be maintained for a minimum of three years.

3.Medical records, or an accurate summary of them, must be released to the client or the board in the case of a board investigation within a reasonable time of a request. A reasonable charge for copying or preparation of a summary may be made, except in the case of a board investigation, in which case no charges are authorized.

4.Contents of medical records must be kept private and not be released to third parties unless authorized by the client or required by law. Medical records may be released without consent of the client under the following circumstances:

a.For statistical and scientific research, if the information is abstracted in a way as to protect the identity of the patient and client;

b.To verify a rabies vaccination of an animal;

c.To investigate a threat to human or animal health;

d.For the protection of individual animal, human, or public health or welfare; or

e.If requested by another veterinarian for the purpose of continuity of care.

History

• History: Effective August 1, 2004; amended effective April 1, 2022; April 1, 2026.
• General Authority: NDCC 43-29-03

N.D. Admin. Code 87-05-02-03 Code of ethics

1.The board shall reference the 2024 principles of veterinary medical ethics from the American veterinary medical association as the standard code of ethics for the practice of veterinary medicine.

2.The board shall reference the 2025 national association of veterinary technicians in America code of ethics policy as the standard code of ethics for the practice of veterinary technology.

History

• History: Effective April 1, 2026.
• General Authority: NDCC 43-29-03, 43-29-14

Chapter 87-05-03 Administration of Professional Health Program

N.D. Admin. Code 87-05-03-01 Definitions

As used in this chapter:

1."Administrator" means the professional health program designated through the agreement.

2."Participant" means an individual referred to or enrolled in the program.

3."Program" means the agreement set forth in North Dakota Century Code section 43-29-15.1.

4."Treatment plan" means a plan of care, rehabilitation, monitoring and maintenance, followup or aftercare services, or a combination of these services provided by an organization or an individual authorized by the board or administrator to provide such services for a participant.

N.D. Admin. Code 87-05-03-02 Agreement

The board may enter an agreement with the administrator to undertake the functions and responsibilities specified in the agreement. The functions and responsibilities of the agreement may include the following:

1.Contracting with agencies or providers for diagnostic, monitoring, or treatment services;

2.Receiving and evaluating reports of veterinarians, veterinary technicians, or applicants who are experiencing impairment or who are at risk for impairment;

3.Intervening in cases in which a veterinarian, veterinary technician, or applicant is determined to need treatment;

4.Referring veterinarians, veterinary technicians, or applicants to appropriate services;

5.Monitoring the treatment and aftercare services provided to veterinarians, veterinary technicians, or applicants;

6.Educating veterinarians, veterinary technicians, or applicants and the public about the functions of the administrator and the professional health program, and their relationship with the board; and

7.Performing other activities as agreed upon by the board and the administrator.

N.D. Admin. Code 87-05-03-03 Requirements and procedures

In consultation with the board, the administrator shall develop procedures for:

1.Periodic reporting of statistical information regarding program activity;

2.Periodic disclosure and joint review of information the board deems appropriate regarding reports received, contacts of investigations made, and the disposition of each case;

3.Immediate reporting to the board the identity of any contact and results or results of any investigation concerning an impaired veterinarian or impaired veterinary technician who is believed to constitute an imminent danger to the public or to the individual;

4.Reporting to the board, in a timely fashion, the identity of any contact or the results of any investigation concerning a potentially impaired participant:

a.Who refuses to cooperate with the administrator;

b.Who refuses to submit to an evaluation or treatment;

c.Who is not in compliance with a contractual treatment plan; or

d.Whose possible impairment is not alleviated substantially through treatment and:

(1)Who the administrator determines is unable to practice veterinary medicine or veterinary technology with reasonable skill and safety by reason of illness related to the abuse of alcohol or other substances or as a result of any physical or mental condition; or (2)Who may pose a threat to the health or safety of a patient or individual;

5.Reporting to the board, in a timely fashion, the identity of any participant for whom the administrator learns of the filing of any disciplinary charges or actions or violations of North Dakota Century Code chapter 43-29;

6.Entering contractual agreements with each participant in the program which make clear the administrator and program procedures, the responsibilities of the participants, and the consequences of noncompliance with the program or with contractual agreements, including the administrator's reporting obligations to the board; and

7.A policy by which a participant may obtain a second opinion review of recommendations by the administrator regarding assessment, monitoring, or treatment.

N.D. Admin. Code 87-05-03-04 Evaluation

If the board determines a veterinarian or veterinary technician currently exhibits possible impairment, the board may direct that an evaluation of the veterinarian or veterinary technician be facilitated by the administrator for the purpose of determining whether there is a current need for treatment or monitoring of the veterinarian or veterinary technician and to ensure the veterinarian or veterinary technician is able to practice safely. The administrator shall report the findings of the evaluation to the board.

N.D. Admin. Code 87-05-03-05 Mandated reporting

A report by a veterinarian or veterinary technician, including a self-report or self-referral to the administrator, must be deemed to be a report to the board for purposes of mandated reporting of impairment.

N.D. Admin. Code 87-05-03-06 Confidentiality of records

Except as expressly provided under this article and North Dakota Century Code section 43-29-15, the administrator may not disclose personally identifiable information about participants other than board-ordered participants.

N.D. Admin. Code 87-05-03-07 Liability

Notwithstanding any other provision of law, the administrator, or delegated individuals and members the administrator are not liable to any person for any acts, omissions, or recommendations made in good faith within the scope of responsibilities pursuant to this chapter.

Article 87-07 Veterinary Telemedicine

Chapter 87-07-01 Veterinary Telemedicine Guidelines

N.D. Admin. Code 87-07-01-01 Veterinary telemedicine guidelines

If utilizing veterinary telemedicine:

1.A veterinarian shall establish a veterinarian-client-patient relationship in compliance with North Dakota Century Code section 43-29-12.2 before the provision of veterinary telemedicine services;

2.A veterinarian shall employ sound professional judgment to determine whether the use of veterinary telemedicine is medically appropriate;

3.A veterinarian shall obtain appropriate consent from the client;

4.A veterinarian shall conduct all necessary patient evaluations consistent with currently acceptable standards of care;

5.A veterinarian shall maintain patient records according to rules promulgated by the board; and

6.A veterinarian shall ensure the client is aware of the veterinarian's identity, location, license number, and license status.

History

• History: Effective April 1, 2026.
• General Authority: NDCC 43-29-20
• Law Implemented: NDCC 43-29-20

Chapter 87-06

N.D. Admin. Code 87-06

ARTICLE 87-06

PRACTICE OF VETERINARY MEDICINE [Repealed effective April 1, 2026]