Tenn. Comp. R. & Regs. 1730 — Veterinary Examiners

Chapter 1730-01 General Rules Governing Veterinarians

Tenn. Comp. R. & Regs. 1730-01-.01 DEFINITIONS

As used in these rules, the terms and acronyms shall have the following meanings ascribed to them.

(1) Acupuncture - The insertion of needles into the body of an animal, which may then be twirled, electrically stimulated, or warmed, in an effort to treat, correct, change, alleviate or prevent animal disease, illness, pain, defect, injury, or other physical or mental condition.

(2) Advertisement - Information communicated to the public, in any manner, designed to attract public attention to the practice of veterinarians or facilities licensed in Tennessee.

(3) Advertising - Includes, but is not limited to business solicitations, with or without limiting qualifications, in a card, sign, or device issued to a person; in a sign or marking in or on any building; or in any newspaper, magazine, directory, or other printed matter. Advertising also includes business solicitations communicated by individuals, radio, video, television broadcasting, electronic communication, or any other means designed to secure public attention.

(4) Anesthesiology - The branch of veterinary medicine which involves inducing a state of unconsciousness in an animal for the purpose of treating and/or preventing pain and/or distress in the animal.

(5) Applicant - Any individual requesting licensure by the board by submitting a completed application and application fee.

(6) Bait and Switch Advertising - An alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised service or merchandise, in order to sell something else, usually for a higher fee or on a basis more advantageous to the advertiser.

(7) Behavioral Medicine - The branch of veterinary medicine that involves diagnosing animal behavioral conditions and treating those behavioral conditions by prescribing or administering any drug, medicine, biologic, or other therapeutic or diagnostic substance.

(8) Board - The Tennessee Board of Veterinary Medical Examiners.

(9) Cardiology - The branch of veterinary medicine that deals with the diagnosis and treatment of diseases or conditions that affect an animal heart and its functions.

(10) Castration - The removal of the testicles of a male by surgical, chemical, or other means.

(11) Chiropractic Therapy - The manipulation and treatment of the structures of the animal body, especially those of the spinal column, for the treatment, correction, alleviation or prevention of any animal disease, illness, pain, deformity, defect, injury or other physical condition.

(12) Client - The patient’s owner, owner’s agent, or other person responsible for the patient.

(13) Collection of Blood - The act of removing the fluid that circulates through an animal’s heart, arteries, capillaries, and veins for the purpose of analyzing such fluid for diagnostic, therapeutic, or other treatment purposes.

(14) Consultation - Shall have the meaning as established in T.C.A. § 63-12-103(6).

(15) Dentistry - The branch of veterinary medicine that deals with an animal’s teeth, oral cavity, and associated parts, including the diagnosis and treatment of their diseases and the restoration of defective or missing tissue.

(16) Department - Tennessee Department of Health.

(17) Dermatology - The branch of veterinary medicine that deals with the diagnosis and treatment of diseases that affect animal skin.

(18) Discounted Fee - A fee offered or charged by a person or organization for any veterinary product or service that is less than the fee usually offered or charged for the product or service. Products or services expressly offered free of charge are not considered to be offered at a “discounted fee.”

(19) Division - The Tennessee Department of Health, Division of Health Related Boards, from which the Board receives administrative support.

(20) Floating - The rasping or cutting of enamel points from the cheek teeth of an equine.

(21) House Call - A scheduled visit for the purpose of providing veterinary services to an individual client outside of a veterinary facility at the client’s residence, business, or property. A veterinarian who conducts a house call shall have a permanent base of operations with a published address and telephone facilities for making appointments or responding to emergency situations.

(22) Infertility - Inability to produce offspring; sterility.

(23) Laser Therapy - The use of intense beams of light to treat, correct, change, alleviate or prevent animal disease, illness, pain, deformity, defect, injury or other physical, dental, or mental conditions.

(24) Licensee - Any person that has been lawfully issued a license to practice veterinary medicine or as a veterinary technician in the State of Tennessee or any licensed facility where veterinary medicine is practiced in the State of Tennessee.

(25) Massage - The systematic therapeutic friction, stroking, and kneading of the animal body for the treatment, correction, alleviation or prevention of any animal disease, illness, pain, deformity, defect, injury, or other physical or mental conditions.

(26) Material Fact – Any fact which an ordinary, reasonable, and prudent person would rely upon in making an informed decision on which veterinarian or veterinary facility to choose.

(27) Neuter – The removal of an animal's reproductive organs.

(28) Obstetrics – The branch of veterinary medicine that deals with the management of pregnancy and labor in animals as well as the management and treatment of sterility or infertility.

(29) Oncology – The branch of veterinary medicine that deals with the diagnosis and treatment of animal tumors and cancer.

(30) Ophthalmology – The branch of veterinary medicine that deals with the diagnosis and treatment of the animal eye and its diseases.

(31) Patient – An animal that is examined or treated by a veterinarian.

(32) Premises – Any veterinary facility where a licensed veterinarian practices or where the practice of veterinary medicine occurs.

(33) Premises Owner – Any person, corporation or other similar organization, public or private, forprofit or not-for-profit, holding title to a facility where a licensed veterinarian practices or where the practice of veterinary medicine occurs.

(34) Premises Permit – A permit issued by the Board to operate a veterinary medicine facility when the premises meet minimum standards established by the Board.

(35) Public Rabies Vaccination Clinic – A clinic sponsored by a local health department to provide vaccination of dogs and cats against rabies, under the local health department’s ordinances and regulations.

(36) Radiology – The branch of veterinary medicine that deals with the use of radiant energy in the diagnosis and treatment of disease in animals.

(37) Retail Establishment – Any retail store in excess of two thousand five hundred (2,500) square feet that primarily sells goods not related to the practice of veterinary medicine, or any veterinary facility located in an enclosed shopping mall or enclosed shopping center.

(38) Spay – The surgical removal of the ovaries or ovaries and uterus from a female animal.

(39) Sterility – Inability to produce offspring.

(40) Supervising Veterinarian – A person who is validly and currently licensed to practice veterinary medicine in Tennessee, who shall be accountable to the board for the facility’s compliance with the laws and rules governing the practice of veterinary medicine in this state, and is responsible for the supervision of a temporary licensee, veterinary student intern, employee, or consulting veterinarian.

(41) Surgery – The art, practice, or work of treating disease, injuries, deformities, or conditions by manual or operative procedures. The castrating or dehorning of any wild or domestic animal is not considered veterinary surgery.

(42) Ultrasound – The application of ultrasonic waves for the purpose of diagnosing or treating an animal.

(43) Veterinarian-client-patient relationship (VCPR) has the same meaning as established by T.C.A. § 63-12-103(17).

(44) Veterinary Facility has the same meaning as established by T.C.A. § 63-12-103(18).

(45) Veterinary Practice means:

(a) Large Animal Practice – A practice in which ninety percent (90%) or more of the animals seen/treated are equine, farm animal, or any other animals deemed as “large animal” by the Board.

(b) Small Animal Practice – A practice in which ninety percent (90%) or more of the animals seen/treated are companion animals or any other animals deemed as “small animal” by the Board.

(c) Mixed Animal Practice – A practice in which both large and small animals are seen or treated and the percentage of animals seen/treated exceeds ten percent (10%) for both types of animals.

(46) Veterinary Rehabilitative Therapy – Therapeutic or rehabilitative interventions that are used to treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical conditions for the purpose of physical rehabilitation.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-102, 63-12-103, 63-12-105, 63-12-106, and 63-12-133.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed August 21, 1984; effective September 20, 1984. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed October 18, 2004; effective January 1, 2005. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.02 BRANCHES OF VETERINARY MEDICINE AND TREATMENT METHODS

(1) In addition to veterinary surgery, obstetrics, and dentistry, other branches of veterinary medicine include, but are not limited to, the following: anesthesiology, behavioral medicine, cardiology, dermatology, oncology, ophthalmology, and radiology.

(2) In addition to the specific methods, therapies, and procedures named in T.C.A. § 63-12- 103(10) the practice of veterinary medicine includes, but is not limited to, the following: acupuncture, chiropractic therapy, laser therapy, massage therapy, veterinary rehabilitative therapy, and ultrasound.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-102, 63-12-103, 63-12-106, and 63-12-124.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed August 18, 2003; effective November 1, 2003. Amendment filed October 3, 2005; effective December 17, 2005. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.17 CHANGE OF NAME AND/OR ADDRESS

(1) Change of Name - An individual registered with the Board shall notify the Board in writing within 30 days of a name change. The notice shall provide both the old and new names and must reference the individual’s profession, and license number.

(2) Change of Address – A licensee must notify the Board of a change of address within thirty (30) days of such change. The notification must be in writing and include both the old and new addresses along with the licensee’s name, profession and license number.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, and 63-1-108.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.03 ACCEPTED LIVESTOCK MANAGEMENT PRACTICES

In addition to any specific exemptions listed in T.C.A. § 63-12-103(10) or T.C.A. § 63-12-133, the following does not constitute the practice of veterinary medicine.

(1) An individual may perform the following services to livestock of the equine species:

(a) Administer any over the counter drug, medicine or biologic.

(b) Administer a prescription drug or biologic, including intra-uterine administration, under the direction of a licensed veterinarian in the context of a valid veterinarian-client-patient relationship.

(2) An individual may perform the following services to livestock other than the equine species:

(a) Administer any over-the-counter drug, medicine or biologic.

(b) Use any manual or mechanical procedure for artificial insemination.

(d) De-worm.

(e) Implant commercially available growth promotants.

(f) Clip needle teeth.

(g) Feed commercially available medicated feed.

(h) Administer prescription drugs, medicine, or biologics, under the direction of a licensed veterinarian in the context of a valid veterinarian-client-patient relationship.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-102, 63-12-103, 63-12-105, 63-12-106, and 63-12-133.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed July18, 2007; effective October 1, 2007. Amendment filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.04 QUALIFICATIONS FOR LICENSURE

To be eligible for licensure as a veterinarian, an applicant must meet all of the following qualifications and follow the procedures listed in Rule 1730-01-.05.

(1) Veterinarian by Examination (a) Submit a written application in the form determined by the Board.

(b) Graduate and receive a doctorate degree from a school or college of veterinary medicine approved by the Board.

(d) Provide proof of good moral character. Proof of good moral character will be determined by the Board and the Board’s administrative staff through review of the application documents and background check. The Board may require an applicant to appear before the Board to answer questions or provide additional information regarding the applicant’s character.

(e) Pay the required fees set forth in Rule 1730-01-.06.

(2) Veterinarian by Reciprocity (a) Submit a written application in the form determined by the Board.

(b) Provide proof of good moral character. Proof of good moral character will be determined by the Board and the Board’s administrative staff through review of the application documents and background check. The Board may require an applicant to appear before the Board to answer questions or provide additional information regarding the applicant’s character.

(d) Provide proof that any other veterinary licenses granted by any other states, privileges or certifications have not been disciplined or restricted for any reason. The Board shall have the discretion to assess the magnitude of any disciplinary action to determine the licensure eligibility of the applicant.

(e) Provide proof of having engaged in active veterinary practice for three (3) of the five (5) years preceding application. “Active veterinary practice”, for the purpose of this section is defined as practice in the area of veterinary medicine as defined in T.C.A. § 63-12- 103(10) for an average of twenty-five (25) hours per week in another state or jurisdiction. The Board may consider a waiver upon request.

The Board may grant a waiver pertaining to the number of years and average weekly hours of active practice.
Waivers will be considered only on an individual basis and may be requested by submitting a written request to the Board’s administrative office.

(f) Provide proof of completion of a minimum of sixty (60) hours of continuing education in the five (5) years preceding application. Forty-five (45) hours must pertain to the medical and surgical care of animals. Fifteen (15) hours may pertain to a special interest in veterinary medicine in fields other than the medical and surgical care of animals, including but not limited to practice management and state and federal regulatory programs.

A maximum of thirty (30) hours may be obtained in a multi-media format as set forth in

Rule 1730-01-.12(3)(d)(2).

The Board may grant a waiver of the need to attend and complete the required hours of continuing education.
Waivers will be considered only on an individual basis and may be requested by submitting a written request to the Board’s administrative office.

(g) Pay the required fees set forth in Rule 1730-01-.06.

(3) Foreign Graduates. In addition to meeting the prerequisites outlined in Rule 1730-01-.04(1) or (2) graduates from a Foreign Veterinary Medical School must:

(a) Be certified by 1. the Educational Commission for Foreign Veterinary Graduates (ECFVG), which is a committee of the American Veterinary Medical Association; or 2. the Program for the Assessment of Veterinary Education Equivalence (PAVE), which is a program of the American Association of Veterinary State Boards; or 3. a certification agency deemed by the Board to be equivalent to ECFVG or PAVE; and (b) Be a graduate from a veterinary school approved by the American Veterinary Medical Association or the Board; and (c) Provide an official copy of grades and curriculum, translated if not in English. The original document and the translation must be certified as authentic by the issuing source.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-107, 63-12-112, 63-12-114, 63-12-115, 63-12- 116, and 63-12-117.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed November 2, 2005; effective January 16, 2006. Amendments filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.05 PROCEDURES FOR LICENSURE

(1) Veterinarian by Examination (a) An applicant shall obtain an application from the Board’s administrative office, and respond truthfully and completely to every question or request for information.

(b) Applications for licensure must be submitted to the Board’s administrative office in accordance with the National Board of Veterinary Medical Examiners (NBVME) deadline.

(c) An applicant shall pay, at the time of application, the non-refundable application fee and the State Regulatory fee as provided in Rule 1730-01-.06.

(d) An applicant shall submit with his/her application two recent photographs, one signed and notarized.

(e) An applicant shall cause a graduate transcript from an approved college or school of veterinary medicine to be submitted directly from the college or school to the Board’s administrative office. The transcript must show that the degree has been conferred and carry the official seal of the institution.

(f) An applicant shall pass the North American Veterinary Licensing Examination (NAVLE) within the five (5) years preceding licensure application. Official scores shall be submitted to the Board’s administrative office directly from American Association of Veterinary State Boards (AAVSB).

(g) An applicant shall disclose the circumstances surrounding any of the following:

Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations. Driving Under the Influence is not a minor traffic violation.
Denial of a licensure application or the discipline of a license by any other state.
Loss or restriction of certification, licensure privileges, state or federal accreditation.
Any final or settled legal action that relates to the applicant’s professional services in any profession, or, any pending legal action that relates to the applicant’s professional services and to which the applicant is a party.

(h) An applicant shall cause to be submitted to the Board’s administrative office, directly from the vendor identified in the Board’s licensure application materials, the result of a criminal background check.

(i) An applicant shall submit proof of United States or Canada citizenship or evidence of being legally entitled to live in the United States. Such evidence may include a copy of a birth certificate, naturalization papers, or current visa status.

(j) Where necessary, all required documents shall be translated in English. The original document and the translation must be certified as authentic by the issuing source.

(k) Application review and licensure decisions are governed by Rule 1730-01-.07.

(l) If an applicant has ever held a license to practice veterinary medicine in any other state or Canada, the applicant shall submit the equivalent of a Tennessee Certificate of Endorsement from each such licensing board. The document submitted should indicate the license number, the date of issuance, the license status, expiration date, and information concerning any disciplinary action.

(2) Veterinarian by Reciprocity. The Board may grant full licensure by reciprocity to veterinarians licensed in another state. The process for obtaining a license by reciprocity is as follows:

(a) An applicant shall obtain an application form from the Board’s administrative office and respond truthfully and completely to every question or request for information.

(b) An applicant shall submit proof of successful completion of the North American Veterinary Licensing Exam (NAVLE) or the National Board Examination and Clinical Competency Test, with official scores submitted to the Board’s administrative office directly from American Association of Veterinary State Boards (AAVSB).

(c) An applicant shall pay, at the time of application, the non-refundable application, reciprocity, and State Regulatory fees as provided in Rule 1730-01-.06.

(d) An applicant shall submit with his or her application two recent photographs, one signed and notarized.

(f) An applicant shall disclose the circumstances surrounding any of the following:

Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations. Driving Under the Influence is not a minor traffic violation.
Denial of licensure application or the discipline of a license by any other state.
Loss or restriction of certification or licensure privileges or state or federal accreditation.
Any final or settled legal action that relates to the applicant’s professional services in any profession, or, any pending legal action that relates to the applicant’s professional services and to which the applicant is a party.

(g) An applicant shall cause to be submitted to the Board’s administrative office, directly from the vendor identified in the Board’s licensure application materials, the result of a criminal background check.

(h) An applicant shall submit proof of United States or Canadian citizenship or evidence of being legally entitled to live in the United States. Such evidence may include a copy of a birth certificate, naturalization papers, or current visa status.

(i) Where necessary, all required documents shall be translated into English. The original document and the translation must be certified as authentic by the issuing source.

(j) Application review and licensure decisions are governed by Rule 1730-01-.07.

(k) If an applicant has ever held a license to practice veterinary medicine in any other state or Canada, the applicant shall submit the equivalent of a Tennessee Certificate of Endorsement from each such licensing board. The document submitted should indicate the license number, the date of issuance, the license status, expiration date, and information concerning any disciplinary action.

(l) An applicant for licensure by reciprocity shall furnish an affidavit or other proof that he or she has engaged actively in the practice of veterinary medicine for three (3) of the five (5) years preceding licensure application for an average of at least twenty-five (25) hours per week in another state or jurisdiction.

(m) An applicant for licensure by reciprocity shall furnish independent documentation of attendance and completion of all continuing education courses as required under Rule 1730-01-.04(2)(f).

(3) Foreign Graduates. In addition to meeting the prerequisites outlined in Rule 1730-01-.04(1) or (2), graduates from a Foreign Veterinary Medical School must:

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-107, 63-12-112, 63-12-114, 63-12-115, 63-12- 116, 63-12-117, and 63-12-124.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed June 24, 2004; effective September 7, 2004. Amendment filed March 14, 2006; effective May 28, 2006. Amendments filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.06 FEES

(1) The fees are as follows:

(a) Application Fee - A non-refundable fee to be paid by all applicants including those seeking licensure by reciprocity. It must be paid each time an application for licensure is filed.

(b) Endorsement/Verification - Endorsement of licensure to state licensing boards and government agencies will be provided at no charge on behalf of the licensee. A nonrefundable fee is to be paid for each verification of licensure to anyone other than a state licensing board or government agency.

(d) License Renewal Fee - A non-refundable fee to be paid by all licensees. This fee also applies to individuals who reactivate a retired or lapsed license.

(e) Reciprocity License Fee - A non-refundable fee to be paid at the time of application for licensure.

(f) Replacement License or Renewal Certificate Fee - A non-refundable fee to be paid when an individual requests a replacement for a lost or destroyed “artistically designed” license or renewal certificate.

(g) State Regulatory Fee - To be paid by all individuals at the time of application and with all renewal applications.

(h) Temporary License Fee - A non-refundable fee to be paid each time an application for a temporary license is filed.

(2) All fees shall be established by the Board. Fees may be reviewed and changed at the discretion of the Board.

(3) Fee Schedule: Amount (a) Application $ 125.00 (b) Endorsement/Verification 20.00 (c) Late Renewal 80.00 (d) Renewal (biennial) 3 60.00 (e) Reciprocity License Fee 150.00 (f) Replacement License or Renewal Certificate Fee 25.00 (g) State Regulatory Fee (biennial) 10.00 (h) Temporary License 25.00 (4) All fees may be paid in person, by mail or electronically by cash, check, money order, or by credit and/or debit cards accepted by the Division of Health Related Boards. If the fees are paid by certified, personal or corporate check they must be drawn against an account in a United States Bank, and made payable to the Tennessee Board of Veterinary Medical Examiners.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-32-1011, 63-1-106, 63-12-106, 63-12-107, 63-12-112, 63-12- 114, 63-12-115, 63-12-116, 63-12-117, 63-12-121, and 63-23-123.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed December 18, 1995; effective March 1, 1996. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed August 18, 2003; effective November 1, 2003. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed March 14, 2006; effective May 28, 2006.

Tenn. Comp. R. & Regs. 1730-01-.07 APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS

(1) Applications for licensure are accepted throughout the year.

(2) Initial review of all applications to determine whether the application file is complete may be delegated by the Board to the Board’s Executive Director, provided that final approval of all applications is made and ratified by the Board.

(3) If an application is incomplete when reviewed by the Board or the Board’s Executive Director, a deficiency letter will be sent to notify the applicant of the deficiency.

(a) For an applicant who has completed the requirements for licensure, all documentation must be received within sixty (60) days of mailing of the deficiency notification. Otherwise, the application shall be closed and the applicant may reapply.

(b) After an application file is closed, no further Board action will take place until a new application is received pursuant to the rules governing the applicable process, including another payment of all fees.

(4) For an applicant who has not passed the National Board Examination (NAVLE), the file will remain open until the applicant has had the opportunity to take the NAVLE three (3) times. At that time, the file will be closed and the applicant notified.

(5) If a complete application has been denied and ratified as such by the Board, the action shall become final and a notification of the denial shall be sent by the Board’s administrative office via certified mail return receipt requested. Specific reasons for denial will be stated, such as incomplete information, unofficial records, examination failure, or other matters judged insufficient for licensure, and such notification shall contain all of the specific statutory or rule authorities for the denial.

(a) The denial notification, when appropriate, shall also contain a statement of the applicant’s right to request a contested case hearing under the Uniform Administrative Procedures Act (T.C.A. § 4-5-101 to -404) to contest the denial.

(b) An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.

(c) An applicant will not be granted a contested case hearing if the licensure denial was based on objective, clearly-defined criteria, unless the reasons for continued denial present a genuine issue of material fact or law that is appropriate for appeal. A request for appeal must be made in writing to the Board within 30 days of receipt of the denial notification from the Board.

(6) Any person furnishing false information or omitting pertinent information in such application shall be denied the right to sit for the examination. If the applicant has already been licensed before the falseness of such information has been made known to the Board, such license shall be subject to suspension or revocation by the Board.

(7) If the Board finds it has erred in the issuance of a license, the Board will give written notice by certified mail of its intent to annul the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within 30 days from date of receipt of the notification.

(8) Abandonment of Application (a) The Board’s Executive Director will deem an application “abandoned” if:

The application has not been completed by the applicant within 18 months after it was initially reviewed by the Board; or 2. An applicant fails to sit for a scheduled examination within twelve (12) months after being notified of eligibility.

(b) Written notification of abandonment will be mailed to the applicant and the application file will be closed.

(9) Applicants, who by virtue of any criteria for licensure in the areas of mental, physical, moral or educational capabilities, as contained in the application and review process which indicates derogatory information or a potential risk to the public health, safety and welfare, may be required to present themselves to the Board, a Board member, or a Board’s designee for an interview before final licensure may be granted. The interviews, which may be required, are considered part of the licensure process.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-142, 63-12-105, 63-12-106, 63-12-107, 63-12-112, 63-12- 114, 63-12-115, 63-12-116, and 63-12-117.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendments filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.08 EXAMINATIONS

(1) An individual seeking licensure shall be required to pass the examination as stated in paragraph (2), or pass the examinations referred to in paragraphs (3) and (4) below.

(2) North American Veterinary Licensing Examination (NAVLE)

(a) The Board adopts the NAVLE as its state and national examinations under T.C.A. § 63- 12-115.

(b) This examination is developed by and administered under the direction of the National Board of Veterinary Medical Examiners (NBVME).

(d) All examination applications and fees for the NAVLE shall be sent directly to the NBVME.

(e) An applicant for licensure by examination must provide proof of passing the NAVLE no more than five (5) years before the date of submission of the application for licensure by examination.

(3) National Board Examination (NBE)

(a) This examination was administered under the direction of the National Board Examination Committee.

(b) The Board adopts the passing grade established by the National Board Examination Committee.

(4) Clinical Competency Test (CCT)

(a) This examination was administered under the direction of the National Board Examination Committee.

(b) The Board adopts the passing grade established by the National Board Examination Committee.

(5) Official scores from the NAVLE, NBE, or CCT must be submitted to the Board’s administrative office directly from the American Association of Veterinary State Boards (AAVSB).

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-112, 63-12-114, 63-12-115, 63-12- 116, and 63-12-117.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.09 RENEWAL OF LICENSE

(1) Renewal Application (a) The due date for license renewal is the last day of the month of the license period pursuant to the Division’s biennial renewal system.

(b) Methods of Renewal 1. Internet Renewals - Individuals may apply for renewal and pay the necessary fees via the Internet. The application to renew can be accessed at: https://apps.tn.gov/hlrs/ 2. Paper Renewals - For individuals who have not renewed their license online via the Internet, a renewal application form will be mailed to each individual licensed by the Board to the last address provided to the Board. Failure to receive such notification does not relieve the licensee from the responsibility of meeting all requirements for renewal.

(c) To be eligible for renewal, an individual must have completed continuing education requirements provided in Rule 1730-01-.12 and submit to the Division of Health Related Boards on or before the expiration date all of the following:

A completed Board renewal application form; and 2. The renewal and state regulatory fees as provided in Rule 1730-01-.06.

(d) Anyone submitting a renewal form or letter which is found to be untrue may be subjecting himself to disciplinary action as provided in Rule 1730-01-.15.

(e) Licensees who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their licenses processed in accordance with rule 1200-10-01-.10.

(2) Reinstatement of an Expired License (a) Reinstatement of a license that has expired may be accomplished upon meeting the following conditions:

Payment of all past due renewal and state regulatory fees, 2. Payment of the late renewal fee provided in Rule 1730-01-.06; and 3. Compliance with continuing education requirement pursuant to Rule 1730-01-.12.

(b) Reinstatement decisions pursuant to this rule may be made administratively or reviewed by the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-107, 63-12-105, 63-12-106, 63-12-107, 63-12-119, 63-12- 120, 63-12-121, 63-12-122, 63-12-124, and 63-12-128.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 25, 2003; effective September 8, 2003.

Tenn. Comp. R. & Regs. 1730-01-.10 SUPERVISION

(1) A veterinarian with a temporary license must be under the responsible supervision of a Tennessee-licensed veterinarian.

(2) No veterinary technician, veterinary student intern, or employee shall provide any professional services as covered by these rules without the responsible supervision of a licensed veterinarian, except that an employee of the veterinarian may be permitted to float teeth using nonmotorized equipment without the physical presence of a licensed veterinarian as long as the employee is functioning under the supervision, control, and responsibility of the licensed veterinarian within the context of a valid veterinarian-client-patient relationship.

(3) A supervising veterinarian must provide responsible supervision to a consulting veterinarian.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-103, 63-12-106, 63-12-113, 63-12-119, 63-12-124, 63-12- 128, 63-12-119, 63-12-133, and 63-12-135.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.11 RETIREMENT AND REACTIVATION OF LICENSE

(1) In order to retire a license, the licensee shall complete an Affidavit of Retirement on the form furnished by the Board’s administrative office.

(2) If a licensee wishes to reactivate a Tennessee license after actively practicing veterinary medicine in another state, then the licensee must show the following:

(a) Evidence of continuous practice in another state or jurisdiction during the period of retirement of the Tennessee license;

(b) Evidence of good standing in the other state or jurisdiction; and (c) Evidence of having completed continuing education courses equal to the number of hours required by the Board during the period of retirement, with a maximum requirement of eighty (80) hours.

(3) Veterinarians who have not engaged in continuous practice during the period of retirement must appear before the Board for an interview and at that time show evidence of having completed continuing education equal to the number of hours required by the Board during the period of retirement, with a maximum requirement of eighty (80) hours.

(4) Licensure reactivation applications shall be treated as licensure applications. The Board’s review and decisions required by this Rule shall be governed by Rule 1730-01-.07.

(5) If reactivation is requested within one (1) year from the date of retirement, the Board will require payment of the late renewal fee, the past due renewal fee, and the state regulatory fee as provided in Rule 1730-01-.06.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-120, and 63-12-121.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 2, 2005; effective January 16, 2006. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.12 CONTINUING EDUCATION

(1) Hours Required (a) In order to renew a license, the licensee must obtain twenty (20) hours of continuing education each calendar year. Fifteen (15) hours must pertain to the medical and surgical care of animals. Five (5) hours may pertain to a special interest in veterinary medicine in fields other than the medical and surgical care of animals, including but not limited to practice management and state and federal regulatory programs. A maximum of ten (10) hours may be obtained in a multi-media format as defined in part (3)(d)2 of this

rule.

(b) For every two-year period, two (2) of the required hours must pertain to regulatory issues, controlled substances, or professional ethics.

(c) A licensee is exempt from continuing education requirements during the calendar year of the licensee’s graduation from an approved school or college of veterinary medicine.

(d) The Board approves courses for only the number of hours contained in the course. A licensee will not receive credit for repeating the same course in a calendar year.

(2) Proof of Compliance (a) The due date for attendance and completion of the required continuing education hours is December 31 of each year. Each veterinarian must attest, on a Board provided form, to attendance and completion of the required continuing education hours and that such hours were obtained during the preceding calendar year.

(b) Timely completion of continuing education credits is solely the responsibility of the licensee. Except for multi-media courses, the licensee must be physically present at these continuing education meetings.

(c) Each veterinarian must retain independent documentation of attendance and completion of all continuing education courses. This documentation must be retained for a period of four (4) years from the end of the calendar year in which the course is completed. This documentation must be produced for inspection and verification, if requested by the Board during its verification process.

(3) Course Approval (a) Courses to be offered for credit toward the required continuing education hours must receive approval from the Board, except as provided in subparagraph (e) of this rule.

(b) Timely completion of continuing education credits is solely the responsibility of the licensee. Except as provided in part (3)(d)2, the licensee must be physically present at these continuing education meetings and will be required to attest, at the time of renewal, that the requirement has been met.

(c) Approval may be obtained by submitting the following information to the Board’s administrative office at least thirty (30) days before the scheduled date of the course.

A course description or outline;
Names of all speakers and sponsors;
Number of hours of educational credit requested; and 4. Date of course.

(d) Continuing education courses may be presented in any of the following formats:

Lecture.
Multi-Media – With successful completion of a written post-experience examination to evaluate material retention, multi-media courses may be taken for continuing education credit. Multi-Media courses may include courses using:

(i) The Internet (ii) Closed circuit television (iii) Satellite broadcasts (iv) Correspondence courses (v) Videotapes (vi) CD-ROM (vii) DVD (viii) Teleconferencing (ix) Videoconferencing (x) Distance learning (e) The following courses need not receive approval and constitute Board approved continuing education courses:

Courses sponsored or approved by any of the following organizations:

American Animal Hospital Association American Association for Wildlife Veterinarians American Association for Women Veterinarians American Association of Avian Pathologists American Association of Bovine Practitioners American Association of Equine Practitioners American Association of Sheep and Goat Practitioners American Association of Swine Practitioners American Association of Veterinary Clinicians American Association of Veterinary Parasitologists American College of Veterinary Toxicologists American College of Laboratory Animal Medicine American College of Poultry Veterinarians American College of Theriogenologists American College of Veterinary Internal Medicine American Dairy Science Association American Society of Animal Scientists American Society for Veterinary Clinical Pathology American Society of Veterinary Ophthalmology American Veterinary Epidemiology Society 2. Educational courses sponsored by an accredited school of veterinary medicine or AVMA-recognized veterinary specialty organization. A course taken for or assigned three (3) semester credit hours or equivalent quarter credit hours counts as fifteen (15) continuing education hours. No credits will be counted for courses failed.

Courses and programs approved by the Registry of Approved Continuing Education (RACE), which is the American Association of Veterinary State Boards’ national clearinghouse for approval of continuing education.
Educational programs dealing with the practice of veterinary medicine provided by any local, state, regional, national or international veterinary associations, Boardcertified specialties recognized by the American Veterinary Medical Association (AVMA), schools or colleges of veterinary medicine accredited by the AVMA, and the United States Department of Agriculture; and any program approved by another state veterinary board.

(4) Waiver or Extension of Continuing Education (a) The Board may grant a waiver or extension of the need to attend and complete the required hours of continuing education.

(b) Waivers or extensions will be considered only on an individual basis and may be requested by submitting a written request to the Board’s administrative office.

(c) A waiver or extension approved by the Board is effective for only the calendar year for which the waiver is sought unless otherwise specified in writing by the Board.

(5) Continuing Education for Reactivation of a Retired License (a) Any veterinarian who applies for reactivation of a retired license must attest to having completed Board approved continuing education credit equal to that required by this

rule, with a maximum requirement of eighty (80) hours.

(b) Any continuing education hours obtained as a prerequisite for licensure reactivation shall not count toward the continuing education hours required to be obtained before the end of the calendar year of reactivation.

(c) The Board, upon receipt of a written request and explanation, may waive any or all of the continuing education for reactivation of a retired license.

(6) Violations (a) Any veterinarian who falsely attests to the attendance and completion of the required continuing education hours or fails to obtain the required continuing education hours may be subject to discipline by the Board pursuant to T.C.A. §63-12-124(a)(1), (2), (4), (12), or (14).

(b) Education hours obtained as a result of compliance with the terms of a Board Order in any disciplinary action shall not count toward the continuing education hours a licensee must obtain each calendar year.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-120, 63-12-121, 63-12-122, and 63- 12-124.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed July 28, 2003; effective October 11, 2003. Amendment filed June 25, 2007; effective September 9, 2007. Amendment filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.13 UNPROFESSIONAL CONDUCT

Unprofessional conduct includes but is not limited to the following:

(1) Failure to maintain a record for each companion animal which accurately reflects the veterinary problems and interventions.

(2) Being under the influence of alcoholic beverages or illegal drugs while on duty in any animal health care facility, institution or other work place location.

(3) Impersonating another licensed practitioner.

(4) Practicing veterinary medicine in this state on an expired, retired, suspended, or revoked license or beyond the period of a valid temporary license.

(5) Failing to responsibly supervise persons to whom veterinary functions are delegated or assigned.

(6) Revealing without written permission knowledge obtained in a professional capacity about animals or owners, except:

(a) When the information is requested during a formal investigation by representatives of the State of Tennessee or other law enforcement agencies;

(b) When required to do so by a court of law; or (c) When required by law to report to state or federal agencies.

(7) Failure to cooperate with authorities investigating incompetent, unethical or illegal practices of another individual.

(8) Performing veterinary techniques or procedures without proper education.

(9) Engaging in acts of dishonesty which relate to the practice of veterinary medicine.

(10) Treating, professing to treat, or issuing any pharmaceutical to any human.

(11) Practicing in a facility without a premises permit.

(12) Practicing veterinary medicine in a setting not specifically authorized or designated by T.C.A. § 63-12-103.

(13) Violation of any lawful order of the Board.

(14) Violation of the provisions of the Non-Livestock Animal Humane Death Act, codified at T.C.A. §§ 44-17-301 to -304, while performing euthanasia in a public or private agency, animal shelter or other facility operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-103, 63-12-105, 63-12-106, 63-12-124, 63-12-128, and 63-12-129.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed July 28, 2003; effective October 11, 2003. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed October 18, 2004; effective January 1, 2005. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.14 TEMPORARY LICENSE

(1) Veterinarian by Examination.

(a) An applicant who is a graduate of a school or college of veterinary medicine that is approved by the board and who meets all the qualifications and requirements for a Tennessee veterinary license may also file an application for a temporary license.

(b) Unless the Board revokes the temporary license, the temporary license shall expire thirty (30) days after the date of the next scheduled examination.

(c) If a holder of a temporary license does not report, without prior notice in writing, to take the next scheduled examination, the temporary license expires on the date of the examination.

(d) If a holder of a temporary license fails the examination, he may file an application for another temporary license and pay the fee pursuant to Rule 1730-01-.06.

(e) No individual shall be issued more than three (3) temporary licenses under this section.

(2) Veterinarian by Reciprocity.

(a) An applicant who is a licensed veterinarian according to the laws of another state and who meets all other qualifications for licensure may also file an application for a temporary license.

(b) The temporary license shall expire upon the Board’s ruling on the application for licensure.

(3) Foreign graduates.

(a) An applicant who is a graduate of a non-accredited or non-approved college of veterinary medicine and who satisfactorily completed the fourth (4th) year of clinical study at an accredited or approved college of veterinary medicine may also file an application for a temporary license.

(b) The veterinarian shall have passed the examinations as provided in Rule 1730-01-.08.

the Educational Commission for Foreign Veterinary Graduates (ECFVG), which is a committee of the American Veterinary Medical Association; or 2. the Program for the Assessment of Veterinary Education Equivalence (PAVE), which is a program of the American Association of Veterinary State Boards; or 3. a certification agency deemed by the Board to be equivalent to ECFVG or PAVE.

(d) The temporary license is valid until the veterinarian obtains ECFVG certification, PAVE certification, or certification from an agency deemed by the Board to be equivalent to ECFVG or PAVE.

(e) A temporary license issued pursuant to this section shall not be valid for more than a maximum of eighteen (18) months from the date the temporary license is issued.

(4) The application for temporary license must be completed and signed by the supervising veterinarian in the presence of a notary. Information submitted must include the supervising veterinarian’s name, Tennessee license number, facility name, address, and telephone number where the temporary license holder will be working.

(5) The Temporary License fee specified in Rule 1730-01-.06 must accompany the application for temporary license.

(6) The supervising veterinarian must attest that he will provide direct supervision of the temporary license holder. Direct supervision is defined in Rule 1730-01-.10.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-112, and 63-12-113.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed November 2, 2005; effective January 16, 2006. Amendment filed September 10, 2009; effective December 9, 2009.

Tenn. Comp. R. & Regs. 1730-01-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

SCREENING PANELS.

(1) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed.

(2) Upon a finding by the Board that a veterinarian and/or premises owner has violated any provision of the Tennessee Veterinary Medical Practice Act (T.C.A. §§63-12-101, et seq.) or the rules promulgated thereto, the Board may impose any of the following actions separately or in any combination deemed appropriate to the offense:

(a) Advisory Censure - This is a written action issued to the veterinarian and/or premises owner for minor or near infractions. It is informal and advisory in nature and does not constitute a formal disciplinary action.

(b) Formal censure or reprimand - This is a written action issued to a veterinarian and/or premises owner for one time and less severe violations. It is a formal disciplinary action.

(c) Probation - This is a formal disciplinary action which places a veterinarian and/or premises owner on close scrutiny for a fixed period of time. This action may be combined with conditions which must be met before probation will be lifted and/or which restrict the individual’s activities during the probationary period.

(d) Licensure Suspension - This is a formal disciplinary action which suspends a licensee’s right to practice and/or premises owner to operate for a fixed period of time. It contemplates the reentry of the individual into the practice under the licensure previously issued.

(e) Revocation for Cause. This is the most severe form of disciplinary action which removes an individual from the practice of the profession and terminates the certification or licensure previously issued. The Board, in its discretion, may allow reinstatement of a revoked certificate or license upon conditions and after a period of time it deems appropriate. No petition for reinstatement and no new application for certification or licensure from a person whose license was revoked shall be considered prior to the expiration of at least one year unless otherwise stated in the Board’s revocation order.

(f) Conditions - Any action deemed appropriate by the Board to be required of a disciplined licensee in any of the following circumstances:

During any period of probation, suspension; or 2. During any period of revocation after which the licensee may petition for an order of compliance to reinstate the revoked license; or 3. As a prerequisite to the lifting of probation or suspension or as a prerequisite to the reinstatement of a revoked license; or 4. As a stand-alone requirement(s) in any disciplinary order.

(g) Civil penalty - A monetary disciplinary action assessed by the Board pursuant to paragraph (5) of this rule.

(h) When the Board suspends a license, the person may not practice veterinary medicine during the period of suspension and is also prohibited from doing the following:

Direct assistance to another veterinarian in the veterinary treatment of any animal.
Appear before animal owners in a laboratory coat, clinic smock or other garment which is customarily worn by practitioners when treating animal.
Consultation with another practitioner concerning the treatment of the person’s animal(s) in the presence of or within hearing of any animal owner; provided, however, that he may discuss with a subsequent treating practitioner, out of the presence or hearing of any animal owner, prior diagnosis or pre-existing treatment plan and such subsequent treating practitioner’s proposed treatment plan.

However, the fact or substance of such discussion shall not be communicated or conveyed to an animal owner personally, or by another treating practitioner who presents it to the owner, as that person’s judgment, diagnosis, treatment plan, or other professional determination.

Personal acceptance of payment for veterinary services directly from an animal owner in the reception area of the office, clinic, or animal hospital.

(i) Once ordered, probation, suspension, revocation, assessment of a civil penalty, or any other condition of any type of disciplinary action may not be lifted unless and until the licensee petitions, pursuant to paragraph (3) of this rule, and appears before the Board after the period of initial probation, suspension, revocation, or other conditioning has run and all conditions placed on the probation, suspension, revocation, have been met, and after any civil penalties assessed have been paid.

(3) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including an unlicensed practice civil penalty order, and wishes or is required to obtain an order reflecting that compliance.

(a) The Board will entertain petitions for an Order of Compliance as a supplement to a previously issued order upon strict compliance with the procedures set forth in subparagraph (b) in only the following three (3) circumstances:

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation; or 3. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reinstating a license previously revoked.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Board’s Administrative Office that shall contain all of the following:

(i) A copy of the previously issued order; and (ii) A statement of which provision of subparagraph (a) the petitioner is relying upon as a basis for the requested order; and (iii) A copy of all documents that prove compliance with all the terms or conditions of the previously issued order. If proof of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed statements from every individual the petitioner intends to rely upon attesting, under oath, to the compliance. The Board’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

(i) Certify compliance and have the matter scheduled for presentation to the Board as an uncontested matter; or (ii) Deny the petition, after consultation with legal staff, if compliance with all of the provisions of the previous order is not proven and notify the petitioner of what provisions remain to be fulfilled and/or what proof of compliance was either not sufficient or not submitted.

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and rule 1200-10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

The petitioner respectfully represents, as substantiated by the attached documentation, that all provisions of the attached disciplinary order have been complied with and I am respectfully requesting: (circle one)

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation; or 3. An order issued reflecting that compliance and reinstating a license previously revoked.

The Board’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted this the _____day of __________________________, 20 .

Petitioner’s Signature (4) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including an unlicensed practice civil penalty order, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5- 301, et seq.). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

(a) The Board will entertain petitions for modification of the disciplinary portion of previously issued orders upon strict compliance with the procedures set forth in subparagraph (b) only when the petitioner can prove that compliance with any one or more of the conditions or terms of the discipline previously ordered is impossible. For purposes of this

rule the term “impossible” does not mean that compliance is inconvenient or impractical for personal, financial, scheduling or other reasons.

(b) Procedures 1. The petitioner shall submit a written and signed Petition for Order Modification on the form contained in subparagraph (c) to the Board’s Administrative Office that shall contain all of the following:

(i) A copy of the previously issued order; and (ii) A statement of why the petitioner believes it is impossible to comply with the order as issued; and (iii) A copy of all documents that proves that compliance is impossible. If proof of impossibility of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed and notarized statements from every individual the petitioner intends to rely upon attesting, under oath, to the reasons why compliance is impossible. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

(i) Certify impossibility of compliance and forward the petition to the Office of General Counsel for presentation to the Board as an uncontested matter; or (ii) Deny the petition, after consultation with legal staff, if impossibility of compliance with the provisions of the previous order is not proven and notify the petitioner of what proof of impossibility of compliance was either not sufficient or not submitted.

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and rule 1200- 10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

The petitioner respectfully represents that for the following reasons, as substantiated by the attached documentation, the identified provisions of the attached disciplinary order are impossible for me to comply with:

Note – You must enclose all documents necessary to prove your request including a copy of the original order. If any of the proof you are relying upon to show impossibility is the testimony of any individual, including yourself, you must enclose signed and notarized statements from every individual you intend to rely upon attesting, under oath, to the reasons why compliance is impossible. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (5) Civil Penalties (a) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed pursuant to Public Chapter 389, Acts of 1989.

(b) Schedule of Civil Penalties 1. A Type A civil penalty may be imposed whenever the Board finds the person who is required to be licensed or certified by the Board is guilty of a willful and knowing violation of the Practice Act, or regulations pursuant thereto, to such an extent that there is, or is likely to be an imminent substantial threat to the health, safety and welfare of an individual client or the public. For purposes of this section, a type A penalty shall include, but not be limited to, a person who willfully and knowingly is or was practicing as a veterinarian without a license from the Board.

A Type B civil penalty may be imposed whenever the Board finds the person required to be licensed by the Board is guilty of a violation of the Veterinary Practice Act or regulations pursuant thereto in such manner as to impact directly on the care of clients or the public.
A Type C civil penalty may be imposed whenever the Board finds the person required to be licensed, permitted, or authorized by the Board is guilty of a violation of the Veterinary Practice Act or regulations promulgated thereto, which are neither directly detrimental to clients or the public, nor directly impact their care, but have only an indirect relationship to client care or the public.

(c) Amount of Civil Penalties 1. Type A civil penalties shall be assessed in the amount of not less than $500 nor more than $1,000.

Type B civil penalties may be assessed in the amount of not less than $100 and not more than $500.
Type C civil penalties may be assessed in the amount of not less than $50 and not more than $100.

(d) Procedures for Assessing Civil Penalties 1. The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and law upon which it relics in alleging a violation, the proposed amount of the civil penalty and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.

Civil Penalties may also be initiated and assessed by the Board during consideration of any Notice of Charges. In addition, the Board may, upon good cause shown, assess type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these rules the Board may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and, (v) The interest of the public.

All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5.

(e) The Board shall refund all monetary fines and civil penalties imposed and collected in fiscal years 2004-2005 and 2005-2006 for the artificial insemination of livestock without a veterinary medical license, upon receipt by June 30, 2008 of a written request for such refund and provided such funds are specifically appropriated by the General Appropriations Act.

(6) Informal Settlements - The Board consultant is authorized to enter into informal settlement agreements pursuant to Rule 1045-02-.19 under which a complaint against an individual may be closed without any disciplinary action. Any matter proposed for informal settlement must be subsequently ratified by the full board before it will become effective. Such agreement may include any terms deemed appropriate by the Board consultant including, but not limited to:

(a) Mandatory education program or course attendance;

(b) Submission of reports, records or other appropriate documentation;

(7) It is an offense to knowingly operate a veterinary facility in this state without a premise permit.

A violation of this section is a Class B misdemeanor and each violation constitutes a separate offense.

(8) It is unlawful for any licensed veterinarian to practice veterinary medicine as an employee of any person other than a veterinarian duly licensed in this state or a veterinary facility operated at all times under the direct medical supervision of a veterinarian duly licensed in this state.

(a) No person, corporation or other similar organization, public or private, for-profit or notfor-profit, other than a veterinarian duly licensed in this state, shall own or operate a veterinary facility within this state, except as follows:

Any person, corporation or other similar organization, public or private, for-profit or not-for-profit, shall apply for and receive a premises permit before the commencement of operations at the veterinary facility; and 2. The owner of the veterinary facility shall not restrict or interfere with medically appropriate veterinary diagnostic or treatment decisions by the licensed veterinarians employed at the veterinary facility.

(b) The following are exempt from this section:

A veterinarian employed by a person, corporation or other similar organization, public or private, for-profit or not-for-profit, to treat such employer’s animal(s);
A veterinarian employed by an official agency of the federal or state government, or any subdivision thereof; and 3. A veterinarian employed by any licensed research facility.

(9) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-12-143.

(10) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

(a) Shall have concurrent authority with the Board and any individual appointed by the Board pursuant to Rule 1730-01-.19, to do the acts enumerated in Rule 1730-01-.19 (1)

(b) 1. and 2. subject to the conditions contained therein.

A Screening panel(s) comprised of two (2) or more persons shall elect a chairperson prior to convening to conduct business.
A screening panel(s) comprised of two (2) or more persons is required to conduct the informal hearings authorized in subparagraph (b) immediately below.

(b) After completion of an investigation by the Division, may upon request of either the state, or the licensee who is the subject of an investigation with the agreement of the state, or upon request of both the licensee and the state, conduct a non-binding informal hearing and make recommendations as a result thereof as to what, if any, terms of settlement of any potential disciplinary action are appropriate.

Neither the Rules of Civil Procedure, the Rules of Mediation and Arbitration, the Rules of Evidence, or Contested Case Procedural Rules under the Administrative Procedures Act shall apply in informal hearings before the screening panel(s).

However, Rule 31 of the Rules of the Tennessee Supreme Court may serve as general guidance as to the principles of mediation and alternative dispute resolution.

(i) Evidence may be presented or received in any manner and in whatever order agreed upon by the parties.

(ii) Prior to convening the panel and in the absence of an agreement of the parties, the screening panel chairperson shall determine the manner and order of presentation of evidence.

Neither the state nor a licensee who is the subject of an investigation being considered by a screening panel can be compelled to participate in any informal hearing.
Proposed settlements reached as a result of any informal hearing will not become binding and final unless they are:

(i) Approved by a majority of the members of the screening panel which issued them; and (ii) Agreed to by both the Department of Health, by and through its attorney(s), and the licensee; and (iii) Subsequently presented to and ratified by the Board.

(11) Reconsiderations and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-124, and 63-12-128.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed August 24, 2000; effective November 7, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed September 23, 2004; effective December 7, 2004. Amendment filed June 26, 2007; effective September 9, 2007. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed September 10, 2009; effective December 9, 2009.

Tenn. Comp. R. & Regs. 1730-01-.16 LICENSE

(1) Before engaging in the practice of veterinary medicine in Tennessee, a person must hold a current Tennessee license or valid temporary license issued by the Board, except as provided in T.C.A. § 63-12-103 and T.C.A. § 63-12-133.

(2) Display of License - Every person licensed by the Board in this state shall display the license and renewal certificate in a conspicuous place in the licensee’s office and, whenever required, show such license to the Board or its authorized representative.

(3) Replacement License or Renewal Certificate - A license holder whose license or renewal certificate has been lost or destroyed may be issued a replacement document upon receipt of a written request in the Board’s administrative office.

(4) Use of Titles - Only a person who possesses a valid, unsuspended and unrevoked, Boardissued license to practice veterinary medicine is authorized to use the title “Veterinarian,”

“Doctor of Veterinary Medicine,” “D.V.M.” or “V.M.D.”, and to practice veterinary medicine, as defined in T.C.A. § 63-12-103. Any licensee to whom this rule applies must use one of these authorized titles in every advertisement that he or she publishes. The failure to do so constitutes the omission of a material fact which makes the advertisement misleading and deceptive and subjects the licensee to disciplinary action.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-145, 63-12-103, 63-12-106, 63-12-112, 63-12-124, and 63- 12-124.3.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed July 27, 2006; effective October 10, 2006. Amendment filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.18 MANDATORY RELEASE OF CLIENT RECORDS

(1) Upon request from a client or the client’s authorized representative, the veterinarian shall provide a complete copy of the patient’s records or summary of such records which were maintained by the veterinarian.

(2) It shall be the veterinarian’s option as to whether copies of the records or a summary will be given to the client.

(3) Requests for records shall be honored by the veterinarian in a timely manner.

(4) The individual requesting the records shall be responsible for payment of a reasonable fee to the veterinarian for copying and mailing of the records.

(5) Radiographs are considered to be a part of the client’s records.

(6) A client’s records shall not be used to fill a prescription or to have a prescription dispensed.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-2-101, 63-2-102, 63-12-103, 63-12-106, and 63-12-124.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed May 26, 2004; effective August 9, 2004.

Tenn. Comp. R. & Regs. 1730-01-.19 BOARD CONSULTANTS, RECORDS AND COMPLAINTS, AND DECLARATORY OR-

DERS.

(1) Board Consultants are appointed by the Board and vested with the authority to do the following acts:

(a) Review and make determinations on licensure, registration, exemption, renewal, and reactivation of licensure applications subject to the rules governing those respective applications.

(b) Serve as Consultant to the Division to carry out the following:

Review and advise whether and what type of disciplinary actions should be instituted upon complaints received or investigations conducted by the Division.
Review and advise whether and under what terms a complaint, case or disciplinary action might be informally settled. Any matter proposed for informal settlement must be ratified by the full Board before it becomes effective.
Any other matters authorized by a majority vote of the Board.

(2) All requests, applications, notices, complaints, other communications and correspondence shall be directed to the Board’s administrative office. Any requests or inquiries requiring a Board decision or official Board action except documents relating to disciplinary actions, declaratory orders or hearing requests must be received fourteen (14) days prior to a scheduled Board meeting and will be retained in the administrative office and presented to the Board at the Board meeting. Such documents not timely received shall be set over to the next Board meeting.

(3) Records and Complaints (a) Minutes of the board meetings and all records, documents, applications, and correspondence will be maintained in the Board’s administrative office.

(b) All records of the Board, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the Board’s administrative office.

(d) Complaints made against a licensee become public information only upon the filing of a notice of charges by the Department of Health.

(4) Requests for Verification of Licensure must be made in writing to the Board’s administrative office.

(5) Declaratory Orders - The Board adopts, as if fully set out herein, rule 1200-10-1-.11, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that

rule and not by the Division. Declaratory Order Petition forms can be obtained from the Board’s administrative office.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, and 63-12-129.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed October 27, 1999; effective January 10, 2000. Amendment filed August 24, 2000; effective November 7, 2000. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.20 ADVERTISING

(1) The lack of sophistication on the part of many of the public concerning veterinary services, the importance of the interests affected by the choice of a veterinarian and the foreseeable consequences of unrestricted advertising by veterinarians which is recognized to pose special possibilities for deception, require that special care be taken by veterinarians to avoid misleading the public. The veterinarian must be mindful that the benefits of advertising depend upon its reliability and accuracy. Since advertising by veterinarians is calculated and not spontaneous, reasonable regulation designed to foster compliance with appropriate standards serves the public interest without impeding the flow of useful, meaningful, and relevant information to the public.

(2) Advertising Veterinary Fees and Services (a) Fixed Fees may be advertised for any service. It is presumed unless otherwise stated in the advertisement that a fixed fee for a service shall include the cost of all professionally recognized components within generally accepted standards that are required to complete the service.

(b) Range of Fees. A range of fees may be advertised for services and the advertisement must disclose the factors used in determining the actual fee, necessary to prevent deception of the public.

The discount fee is in fact lower than the licensee’s customary or usual fee charged for the service; and 2. The licensee provides the same quality and components of service and material at the discounted fee that are normally provided at the regular non-discounted fee for that service.

(d) Related Services and Additional Fees. Related services which may be required in conjunction with the advertised services for which additional fees will be charged must be identified as such in any advertisement.

(e) Time Period of Advertised Fees.

Advertised fees shall be honored for those seeking the advertised services during the entire time period stated in the advertisement whether or not the services are actually rendered or completed within that time.
If no time period is stated in the advertisement of fees, the advertised fee shall be honored for thirty (30) days from the last date of publication or until the next scheduled publication whichever is later whether or not the services are actually rendered or completed within that time.

(3) Advertising Content. The following acts or omissions in the context of advertisement by any licensee shall constitute unethical and unprofessional conduct and are grounds for disciplinary action pursuant to T.C.A. § 63-12- 124(a)(10).

(a) Claims that the services performed, personnel employed, materials or office equipment used are professionally superior to that which is ordinarily performed, employed, or used, or that convey the message that one licensee is better than another when superiority of services, personnel, materials or equipment cannot be substantiated.

(b) The misleading use of an unearned or non-health degree in any advertisement.

(c) Promotion of professional services which the licensee knows or should know is beyond the licensee’s ability to perform.

(d) Techniques of communication which intimidate, exert undue pressure or undue influence over a prospective client.

(e) Any appeals to an individual’s anxiety in an excessive or unfair manner.

(f) The use of any personal testimonial attesting to the quality of competency of a service or treatment offered by a licensee that is not reasonably verifiable.

(g) Use of any statistical data or other information based on past performances for prediction of future services, which creates an unjustified expectation about results the licensee can achieve.

(h) The communication of personal identifiable facts, data, or information about a client or patient without first obtaining client consent.

(i) Any misrepresentation of a material fact.

(j) The knowing suppression, omission or concealment of any material fact or law without which the advertisement would be deceptive or misleading.

(k) Statements concerning the benefits or other attributes of veterinary procedures or products that involve significant risks without including:

A realistic assessment of the safety and efficiency of those procedures or products;
The availability of alternatives; and 3. Where necessary to avoid deception, descriptions or assessment of the benefits or other attributes of those alternatives.

(l) Any communication which creates an unjustified expectation concerning the potential results of any veterinary treatment.

(m) Failure to comply with the rules governing advertisement of veterinary fees and services, or advertising records.

(n) The use of “bait and switch” advertisements. When the circumstances indicate a “bait and switch” advertisement, the Board may require the licensee to furnish data or other evidence that pertain to those sales at the advertised fee as well as other sales.

(o) Misrepresentation of a licensee’s credentials, training, experience or ability, including the use of the words “diplomate” or “specialist” if not recognized as such by the American Veterinary Medical Association (AVMA) or National Association of Veterinary Technicians in America (NAVTA).

(p) Failure to include the corporation, partnership or individual licensee’s name, address and telephone number in any advertisement. Any veterinary corporation, partnership or association which advertises by use of a trade name or otherwise fails to list all licensees practicing at a particular location shall:

Upon request provide a list of all licensees at that location; and 2. Maintain and conspicuously display at the licensee’s office, a directory listing all licensees practicing at that location.

(q) Failure to disclose the fact of giving compensation or anything of value to a representative of the press, radio, television or other communicative medium in anticipation of or in return for any advertisement (for example, newspaper article) unless the nature, format or medium of such advertisement make the fact of compensation apparent.

(r) After thirty (30) days of the licensee’s departure, the use of the individual name of any licensee formerly practicing at or associated with any advertised location or on office signs or buildings. This rule shall not apply in the case of a retired or deceased former associate who practiced veterinary medicine in association with one or more of the present occupants if the status of the former associate is disclosed in any advertisement or sign.

(s) Stating or implying that a certain licensee provides all services when any such services are performed by another licensee.

(t) Directly or indirectly offering, giving, receiving or agreeing to receive any fee or other consideration to or from a third party for the referral of an animal in connection with the performance of professional services.

(4) Advertising Records and Responsibility (a) Each licensee who is a partner, officer, or agent of a firm or entity identified in any advertisement may be held jointly and severally responsible for the form and content of any advertisement. The supervising veterinarian named on a premises permit application may also be held responsible for the advertisements of the veterinary premises.

(b) Any and all advertisements are presumed to have been approved by the licensee(s) named in the advertisement.

(c) The following advertising records shall be maintained by a licensee for a period of two (2) years from the date of publication and shall be made available for review upon request by the Board or its designee:

A recording of every advertisement communicated by electronic media;
A copy of every advertisement communicated by print media; and 3. A copy of any other form of advertisement.

(d) At the time any type of advertisement is placed, the licensee must possess and rely upon information which, when produced, would substantiate the truthfulness of any assertion, omission or representation of material fact set forth in the advertisement or public information.

(5) Severability. It is hereby declared that the sections, clauses, sentences and parts of these rules are severable, are not matters of mutual essential inducement, and any of them shall be rescinded if these rules would otherwise be unconstitutional or ineffective. If any one or more sections, clauses, sentences or parts shall for any reason be questioned in court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence or part in any one or more instance shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-116, 63-1-145, 63-12-102, 63-12-103, 63-12-106, 63-12- 107, 63-12-112, and 63-12-124.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.21 PRESCRIBING, DISPENSING, OR OTHERWISE DISTRIBUTING PHARMACEUTICALS

(1) Prerequisites to Prescribing (a) For purposes of this Rule, pursuant to 21 CFR 201.105, “animal drugs” are those drugs that are required by federal law to be prescribed by a licensed veterinarian.

(b) Before prescribing animal drugs, the veterinarian must first, pursuant to appropriate protocols or veterinary orders, complete and appropriately document all of the following for the animal, herd, or flock on whose behalf the prescription is to be written:

Perform an appropriate history and physical examination;
Make a diagnosis based upon the history, physical examination, and pertinent diagnostic and laboratory tests;
Formulate a therapeutic plan and discuss it with the animal’s owner, along with the basis for it and the risks and benefits of various treatment options, a part of which might be a prescription or drug; and 4. Ensure availability of the veterinarian or the veterinarian’s staff for appropriate follow-up care.

(c) Notwithstanding the provisions of subparagraph (b), a veterinarian, pursuant to appropriate protocols or veterinary orders, may prescribe or dispense drugs for an animal when such prescribing or dispensing is consistent with sound veterinary practice, examples of which are as follows:

As part of an initial evaluation order; or 2. For an animal/patient of another veterinarian for whom the prescriber is taking calls or for whom the prescriber has verified the appropriateness of the medication; or 3. For continuation medications on a short-term basis before the veterinarian personally examining the animal, herd, or flock; or 4. For medications administered by the owner of the animal, herd, or flock when the veterinarian has prescribed and/or dispensed in a manner consistent with this

rule.

(2) Dispensing Requirements. Veterinarians who dispense pharmaceuticals must comply with the following minimum standards for drug procedures:

(a) All federal and state regulations for the dispensing of controlled substances.

(b) Except for labeled manufactured drugs with proper instructions, all non-controlled drugs are to be dispensed in an appropriate container labeled with at least, the following:

Animal’s name and the name of the animal’s owner;
Date dispensed;
Complete directions for usage;
The facility’s name, address and phone number;
The name, strength, and amount of the medication;
The statement: “For veterinary use only”;
The dispensing veterinarian’s name; and 8. Keep out of the reach of children.

(c) A record of all drugs administered or dispensed shall be kept in the client’s record. In the case of companion animals, this record shall be by individual animal.

(3) Distribution of Veterinary Prescription Drugs.

(a) Distribution of veterinary prescription drugs to laymen may occur only on the prescription or other order of a licensed veterinarian. The prescriptions must be issued in the course of professional practice, with a veterinarian-client-patient relationship existing.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-103, 63-12-105, and 63-12-106.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.22 RECORDKEEPING

(1) The following minimum standards apply to all patient recordkeeping.

(a) Records shall be maintained for a minimum of three (3) years.

(b) A separate log shall be maintained for all controlled substances.

(c) Each patient record shall indicate the strength and quantity of any medication prescribed, administered or dispensed. In the case of companion animals, this record shall be maintained for each individual animal.

(d) Records shall reflect the problems the patient presents and the veterinary interventions performed or prescribed.

(e) Records shall reflect referral of cases where further expertise or equipment is needed.

(f) A veterinarian shall comply with requests for veterinary records as required by the Medical Records provisions of T.C.A. § 63-2-101 et seq.

(2) Medical records for small animal practices shall be clear, legible, retrievable, and contain pertinent information such as:

(a) Name, address, and phone number of the owner/agent.

(b) Identification of patient including name, species, breed, age, sex, and description.

(d) Patient’s vaccinations, medical and surgical history and procedures.

(3) Medical records for large animal practices shall be clear, legible, retrievable, maintained on either a herd, flock or individual basis, and contain:

(a) Name, business/farm name, address, and phone number of the owner/agent.

(b) Identification of any animal(s) suspected of having a reportable disease or other disease with public health implications.

(c) Relevant medical and surgical procedures, including vaccinations given and lab reports, to the individual, group, or herd.

(d) A record of all drugs administered or dispensed, including quantity and withdrawal times.

(4) Veterinarians providing written or oral instructions for persons who are not licensed as veterinarians to perform accepted livestock management practices must record the order, including specific information on the substance of the order and the date given, in the records of the animal.

(5) For the purpose of these rules, the records shall be “owned” by the practice.

(6) Radiographs are considered to be a part of the client’s records.

(7) Outside of a valid veterinarian-client-patient relationship, records from another veterinary practice may not be used as the sole basis for prescribing or dispensing medication.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, and 63-12-133.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed June 24, 2004; effective September 7, 2004. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.23 EUTHANASIA IN C.A.C.A.S AND FACILITIES GOVERNED BY THE NON-LIVESTOCK

ANIMAL HUMANE DEATH ACT (T.C.A. §§ 44-17-301, ET SEQ.). The only drugs approved by the Board for the euthanasia of animals by a licensed veterinarian who performs euthanasia in a certified animal control agency or in a facility governed by the provisions of the Non-Livestock Animal Humane Death Act codified at T.C.A. §§ 44-17-301, et seq., shall be sodium pentobarbital and all commercially available F.D.A. approved euthanasia agents containing sodium pentobarbital.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 44-17-301, et seq., 63-12-106, and 63-12-141.
Administrative History: Original rule filed July 28, 2003; effective October 11, 2003.

Tenn. Comp. R. & Regs. 1730-01-.24 CONSUMER RIGHT-TO-KNOW REQUIREMENTS

(1) Health Care Liability Reporting Requirements - The threshold amount for which licensees must report health care liability judgments, awards, or settlements in which payments are awarded to complaining parties, is set forth by statute under T.C.A. § 63-51-105 of the “Health Care Consumer Right-To-Know Act of 1998.”

(2) Criminal Conviction Reporting Requirements - For purposes of the “Health Care Consumer Right-To-Know Act of 1998,” the following criminal convictions must be reported:

(a) Conviction of any felony; and (b) Conviction or adjudication of guilt of any misdemeanor, regardless of its classification, in which any element of the misdemeanor involves any one (1) or more of the following:

Sex.
Alcohol or drugs.
Physical injury or threat of injury to any person or any animal.
Abuse or neglect of any minor, spouse or the elderly, or abuse of any animal.
Fraud or theft.

(c) If any misdemeanor conviction reported under this rule is ordered expunged, a copy of the order of expungement signed by the judge must be submitted to the Department before the conviction will be expunged from any profile.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, and 63-51-101 et seq.
Administrative History: Original rule filed June 24, 2004; effective September 7, 2004. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-01-.25 CONSULTING VETERINARIANS

(1) No unlicensed person may be called into Tennessee as a consulting veterinarian unless licensed as a veterinarian in another state and acting under the direction of and in consultation with a licensed veterinarian of this state.

(2) The supervising veterinarian is responsible for notifying the Board’s administrative office of the name of the non-licensed consulting veterinarian and the date(s) and location of the consultation. The request for consulting services must be for a specific case and can only be made by the supervising veterinarian and not by individual consumers.

(3) The non-licensed consulting veterinarian shall not:

(a) Open an office or appoint a place to do business in Tennessee;

(b) Print or use letterhead or business cards, establish answering services or advertise the existence of a practice’s address within this state; or (c) Provide consultation for twelve (12) or more days per calendar year.

History

Authority: T.C.A. §§ 63-12-102, 63-12-103, and 63-12-133.
Administrative History: Original rule filed May 23, 2014; effective August 21, 2014.

Chapter 1730-02 General Rules Governing Veterinary Facilities

Tenn. Comp. R. & Regs. 1730-02-.01 DEFINITIONS

As used in these rules, the terms and acronyms shall have the following meanings ascribed to them.

(1) Advertisement - Information communicated to the public, in any manner, designed to attract public attention to the practice of veterinarians or facilities licensed in Tennessee.

(2) Advertising - Includes, but is not limited to business solicitations, with or without limiting qualifications, in a card, sign, or device issued to a person; in a sign or marking in or on any building; or in any newspaper, magazine, directory, or other printed matter. Advertising also includes business solicitations communicated by individuals, radio, video, television broadcasting, electronic communication, or any other means designed to secure public attention.

(3) Applicant - Any individual seeking licensure by the Board who has submitted an official application and paid the application fee.

(4) Bait and Switch Advertising - An alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised service or merchandise, in order to sell something else, usually for a higher fee or on a basis more advantageous to the advertiser.

(5) Board - The Tennessee Board of Veterinary Medical Examiners.

(6) Conspicuous Place - A place easily viewable by the public.

(7) Department - Tennessee Department of Health.

(8) Discounted Fee - A fee offered or charged by a person or organization for any veterinary product or service that is less than the fee usually offered or charged for the product or service. Products or services expressly offered free of charge are not considered to be offered at a “discounted fee.”

(9) Division - The Tennessee Department of Health, Division of Health Related Boards, from which the Board receives administrative support.

(10) House Call - A scheduled visit for the purpose of providing veterinary services to an individual client outside of a veterinary facility at the client’s residence, business, or property. A veterinarian who conducts a house call shall have a permanent base of operations with a published address and telephone facilities for making appointments or responding to emergency situations;

(11) Licensee - Any person who has been lawfully issued a license to practice veterinary medicine or as a veterinary technician in the State of Tennessee or any licensed facility where veterinary medicine is practiced in the State of Tennessee.

(12) Practitioner - Refers to a Tennessee licensed veterinarian.

(13) Premises - Any veterinary facility where a licensed veterinarian practices or where the practice of veterinary medicine occurs.

(14) Premises Owner - Any person, corporation or other similar organization, public or private, forprofit or not-for-profit, holding title to a facility where a licensed veterinarian practices or where the practice of veterinary medicine occurs.

(15) Premises Permit - A permit issued by the board to operate a veterinary medical facility when the premises meet minimum standards established by the Board.

(16) Public Rabies Vaccination Clinic - A clinic sponsored by a local health department to provide vaccination of dogs and cats against rabies, under the local health department’s ordinances and regulations.

(17) Retail Establishment - Any retail store in excess of two thousand five hundred (2,500) square feet that primarily sells goods not related to the practice of veterinary medicine, or any veterinary facility located in an enclosed shopping mall or enclosed shopping center.

(18) Supervising Veterinarian - A person who is validly and currently licensed to practice veterinary medicine in Tennessee, who shall be accountable to the board for the facility’s compliance with the laws and rules governing the practice of veterinary medicine in this state, and is responsible for the supervision of a temporary licensee, veterinary student intern, employee, or consulting veterinarian.

(19) Surgery - The art, practice, or work of treating disease, injuries, deformities, or conditions by manual or operative procedures. The castrating or dehorning of any wild or domestic animal is not considered veterinary surgery.

(20) Veterinary Facility has the same meaning established by T.C.A. § 63-12-103(18).

(21) Veterinary Practice means:

(a) Large Animal Practice - a practice in which ninety percent (90%) or more of the animals seen/treated are equine, farm animal, or any other animals deemed as “large animal” by the Board of Veterinary Medical Examiners.

(b) Small Animal Practice - a practice in which ninety percent (90%) or more of the animals seen/treated are companion animals or any other animals deemed as “small animal” by the Board of Veterinary Medical Examiners.

(c) Mixed Animal Practice - a practice in which both large and small animals are seen/treated and the percentage of animals seen/treated exceeds ten percent (10%) for both types of animals.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-101, 63-1-116, 63-12-101, et seq., 63-12-102, 63-12-103, 63-12-104, 63-12-105, 63-12-106, 63-12-110, 63-12-112, 63-12-113, 63-12-121, 63-12-129, 63-12-133, 63-12-139, and 68-8-103.
Administrative History: Original rule filed May 30, 1980; effective August 27, 1980. Amendment filed July 10, 1989; effective August 24, 1989. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed October 18, 2004; effective January 1, 2005. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-02-.02 VETERINARY FACILITY INSPECTIONS AND PREMISES PERMIT

The costs of any inspection undertaken by the board shall be set by the board and paid, in advance, by the applicant in addition to the fee established by the board for the premises permit.

(1) The board shall be authorized to employ such persons who may be required in its discretion to inspect premises under the jurisdiction of the board. The board shall establish a fee schedule for inspections required under this chapter. Applicants for a premises permit shall remit to the board an application fee which shall be equal to the license fee required of licensed veterinarians. Licensed veterinarians or applicants for licensure as a veterinarian shall not be required to submit an additional fee for a premises permit but shall be required to submit the required inspection fee if such licensed veterinarian or applicant also submits an application for a premises permit.

(2) The board shall make inspections of veterinary premises once every two (2) years.

Inspections shall be done by licensed veterinarian(s) representing the board.

(3) Upon request by the inspector, all veterinarians and veterinary technicians working at the site shall provide for inspection evidence of having completed continuing education pursuant to

Rule 1730-01-.12 and Rule 1730-03-.12.

(4) For the purpose of these rules, the written records shall be “owned” by the facility.

(5) Any facility, permanent or mobile, where a licensed veterinarian practices must have a premises permit issued by the board. Upon application and payment of fees as set by rule of the board, the board shall cause such facility to be inspected, with re-inspections as necessary. A premises permit shall be issued if the facility meets minimum standards including, but not limited to sanitary conditions, recordkeeping, physical plant and equipment, method of operation, services required, and surgical area.

(6) Each application for a premises permit shall set forth the name of the licensed veterinarian who will be responsible for the management of the facility and the name and address of the owners of the establishment.

(7) The premises permit may be revoked, suspended, or denied when the inspection reveals that the facility does not meet the standards set by rule or when the license/premises permit of the responsible veterinarian has been suspended or revoked.

(8) Each person to whom a license or premises permit is issued shall keep such document conspicuously displayed in his office, place of business, or place of employment, whether a permanent or mobile veterinary facility or clinic, and shall, whenever required, exhibit said document to any member or authorized representative of the board, pursuant to T.C.A. § 63- 12-139.

(9) The following are exempt from obtaining a premises permit:

(a) A veterinary facility owned by a person, corporation or other similar organization, public or private, for-profit, or not-for-profit, to treat such employer’s animal(s);

(b) A veterinary facility operated by an official agency of the federal or state government; and (c) A licensed research facility.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-109, 63-2-101, 63-12-101, et seq., 63-12-106, 63-12-124, 63-12-129, and 63-12-139.
Administrative History: Original rule filed May 30, 1980; effective August 27, 1980. Amendment filed July 10, 1989; effective August 24, 1989. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendments filed November 2, 2005; effective January 16, 2006. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-02-.03 VETERINARY FACILITY INSPECTIONS TO OBTAIN A PREMISES PERMIT

(1) The Board must be notified, in writing, at least 60 days prior to the opening of veterinary facility.

(2) All areas of the premises shall be maintained in a sanitary, clean, orderly condition, and free of objectionable odors, at all times.

(3) The minimum standards for all facilities, permanent or mobile, where veterinary medicine is practiced shall be:

(a) Heating and cooling shall be provided for the comfort of the animals and the facility shall have sufficient ventilation in all areas.

(b) Proper lighting shall be provided in all rooms utilized for the practice of veterinary medicine.

(c) Hot and cold running water shall be provided along with toilets and lavatories inside the facility for personnel and clients.

(d) All premises shall have sanitary storage which is adequate for the size of the facility.

(e) The facility shall have receptacles for waste disposal which shall comply with state, county, and municipal health laws, ordinances and regulations.

(f) Disposal of dead animals and waste:

Veterinary facilities shall dispose of dead animals, biological waste, and medical waste (including sharps) in a prompt, sanitary, and aesthetic manner.
The disposal of dead animals, biological waste, and medical waste (including sharps) shall comply with all federal, state, county and municipal laws, ordinances, and regulations.
With the exception of large animals, all dead animals on the premises shall be refrigerated.
Dead animals not claimed within forty-eight (48) hours by the owner or agent shall be disposed at the discretion of the veterinarian.

(g) The facility’s examination rooms shall have the following:

Lined waste receptacles or chutes;
A sink with disposable towels must be readily accessible; and 3. A table with impervious surface which shall be sanitized between patients.

(h) Cages, exercise areas, pens, and stalls are to be kept in a clean and orderly condition, in a well-lighted area, and in good repair to prevent injury to animals and to promote physical comfort.

(i) Small animals housed outside must have adequate shelter and bedding if the temperature drops below fifty degrees (50°) Fahrenheit and sufficient cooling or shade if the temperature rises above eighty-five degrees (85°) Fahrenheit.

(j) Except as provided in subdivision (k), all veterinary facilities located in retail establishments shall have an entrance into the permitted premises that is directly on a public street or other area which adjoins the establishment, and such entrance shall be separate from the entrance primarily used by regular retail customers. For purposes of this chapter, “retail establishment” means any retail store in excess of two thousand five hundred (2,500) square feet that primarily sells goods not related to the practice of veterinary medicine; companion animal retail facilities that primarily sell goods in the categories of companion animal nutrition, food, supplies, and behavioral products; or any veterinary facility located in an enclosed shopping mall or enclosed shopping center.

(k) Veterinary facilities located in retail establishments that were issued a premises permit prior to January 1, 2015, and that have a separate entrance used by regular retail customers shall maintain and utilize the separate entrance in order to comply with subdivision § 63-12-139(c)(2). Veterinary facilities located in retail establishments that were issued a premises permit prior to January 1, 2015, and that do not have a separate entrance used by regular retail customers on July 1, 2016, are in compliance with § 63-12-139(c)(2).

History

Authority: T.C.A. §§ 63-12-106, 63-12-124, 63-12-129, and 63-12-139.
Administrative History: Original rule filed May 30, 1980; effective August 27, 1980. Amendment filed July 10, 1989; effective August 24, 1989. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed June 24, 2004; effective September 7, 2004. Amendment filed May 23, 2014; effective August 21, 2014. Amendments filed October 17, 2025; effective January 15, 2026.

Tenn. Comp. R. & Regs. 1730-02-.04 RECORDKEEPING

(1) The following minimum standards apply to all patient recordkeeping.

(a) Records shall be maintained for a minimum of three (3) years.

(b) A separate log shall be maintained for all controlled substances.

(d) Records shall reflect the problems the patient presents and the veterinary interventions performed or prescribed.

(e) Records shall reflect referral of cases where further expertise or equipment is needed.

(f) A veterinarian shall comply with requests for veterinary records as required by the Medical Records provisions of T.C.A. §§ 63-2-101 to 102.

(2) Medical records for small animal facilities and practices shall be clear, legible, retrievable, and contain pertinent information such as:

(a) Name, address, and phone number of the owner/agent.

(b) Identification of patient including name, species, breed, age, sex, and description.

(d) Patient’s vaccinations, medical and surgical history and procedures.

(3) Medical records for large animal facilities and practices shall be clear, legible, retrievable, maintained on either a herd, flock or individual basis and contain:

(a) Name, business/farm name, address, and phone number of the owner/agent.

(b) Identification of any animal(s) suspected of having a reportable disease or other disease with public health implications.

(c) Relevant medical and surgical procedures, including vaccinations given and lab reports, to the individual, group, or herd.

(d) A record of all drugs administered or dispensed, including quantity and withdrawal times.

(5) For the purpose of these rules, the records shall be “owned” by the practice.

(6) Radiographs are considered to be a part of the client’s records.

(7) Outside of a valid veterinarian-client-patient relationship, records from another veterinary practice may not be used as the sole basis for prescribing or dispensing medication.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-2-101, 63-2-102, 63-12-105, 63-12-106, 63-12-133, and 63- 12-139.
Administrative History: Original rule filed May 30, 1980; effective August 27, 1980. Amendment filed July 10, 1989; effective August 24, 1989. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed June 24, 2004; effective September 7, 2004. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-02-.05 PRESCRIBING, DISPENSING, OR OTHERWISE DISTRIBUTING PHARMACEUTICALS

(1) Prerequisites to Prescribing.

(a) For purposes of this rule, pursuant to 21 C.F.R. § 201.105, “animal drugs” are those drugs that are required by federal law to be prescribed by a licensed veterinarian.

Perform an appropriate history and physical examination;
Make a diagnosis based upon the history, physical examination, and pertinent diagnostic and laboratory tests;
Formulate a therapeutic plan and discuss it with the animal’s owner, along with the basis for it and the risks and benefits of various treatment options, a part of which might be a prescription or drug; and 4. Ensure availability of the veterinarian or the veterinarian’s staff for appropriate follow-up care.

As part of an initial evaluation order; or 2. For an animal/patient of another veterinarian for whom the prescriber is taking calls or for whom the prescriber has verified the appropriateness of the medication; or 3. For continuation medications on a short-term basis before the veterinarian personally examining the animal, herd, or flock; or 4. For medications administered by the owner of the animal, herd, or flock when the veterinarian has prescribed and/or dispensed in a manner consistent with this

rule.

(2) Dispensing Requirements. Veterinarians who dispense pharmaceuticals must comply with the following minimum standards for drug procedures:

(a) All federal and state regulations for the dispensing of controlled substances.

(b) Except for labeled manufactured drugs with proper instructions, all non-controlled drugs are to be dispensed in an appropriate container labeled with at least, the following:

Animal’s name and the name of the animal’s owner;
Date dispensed;
Complete directions for usage;
The facility’s name, address and phone number;
The name, strength, and amount of the medication;
The statement: “For veterinary use only”;
The dispensing veterinarian’s name; and 8. Keep out of the reach of children.

(c) A record of all drugs administered or dispensed shall be kept in the client’s record. In the case of companion animals, this record shall be by individual animal.

(3) Distribution of Veterinary Prescription Drugs.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-101, et seq., 63-12-103, 63-12-105, 63-12-106, and 63-12- 124.
Administrative History: Original rule filed May 30, 1980; effective August 27, 1980. Amendment filed July 10, 1989; effective August 24, 1989. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-02-.06 FEES

(1) The fees are as follows:

(a) Premises Application Fee - A non-refundable fee to be paid by the owner of the facility seeking a premises permit. It must be paid each time an application for a premises permit is filed.

(b) Initial Inspection/Biennial Inspection Fee - A non-refundable fee to be paid at time of application for premises permit and every two years at time or renewal.

(c) Premises Permit Fee - A non-refundable fee to be paid at time of application by a facility owned by a non-veterinarian.

(d) State Regulatory Fee - To be paid by all facilities owners at the time of application and renewal application.

(e) Premises Permit Renewal Fee - A non-refundable fee to be paid by all applicants for renewal of a Premises Permit.

(f) Late Renewal Fee - A non-refundable fee to be paid when a facility owner fails to timely renew a premises permit.

(g) Reinspection Fee (follow-up) - A non-refundable fee to be paid when a facility does not pass the initial inspection or the biennial inspection.

(2) All fees shall be established by the Board. Fees may be reviewed and changed at the discretion of the Board.

(3) Fee Schedule:

Amount (a) Premises Application $ 25.00 (b) Initial Inspection/Biennial Inspection$200.00 (c) Premises Permit $360.00 (d) State Regulatory Fee $ 10.00 (biennial)

(e) Premises Permit Renewal $160.00 (biennial)

(f) Late Renewal $ 80.00 (g) Reinspection Fee(follow-up) $150.00 (4) All fees may be paid in person, by mail or electronically by cash, check, money order, or by credit and/or debit cards accepted by the Division of Health Related Boards. If the fees are paid by certified, personal or corporate check they must be drawn against an account in a United States Bank, and made payable to the Tennessee Board of Veterinary Medical Examiners.

History

Authority: T.C.A. §§ 4-3-1011, 4-5-202, 4-5-204, 63-12-101, et seq., 63-12-106, 63-12-124, 63-12-129, and 63-12-139.
Administrative History: Original rule filed July 10, 1989; effective August 24, 1989. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed August 18, 2003; effective November 1, 2003. Amendment filed January 6, 2004; effective March 21, 2004.

Tenn. Comp. R. & Regs. 1730-02-.07 MOBILE FACILITY/SATELLITE VETERINARY CLINICS/EMERGENCY HOSPITALS/

HOUSE CALLS.

(1) If complete veterinary medical services are not offered, the public shall be so informed of the limitation of services by way of a posted notice, in plain view, which clearly specifies those veterinary medical services which are not available.

(2) The minimum health and sanitary regulations applying to all veterinary premises shall apply equally to the facilities covered by this rule.

(3) If emergency or any other veterinary medical services are not available, the veterinarians must have a written agreement with a clinic or hospital for the provision of emergency services or any other non-provided services. Additionally, the name and address of the clinic or hospital offering emergency services shall be posted in a conspicuous place.

(4) If hospitalization, laboratory services, or radiology are not available, veterinarians must have a written agreement with a clinic or hospital for the provision of these services.

(5) This does not preclude veterinarians from offering emergency services on an “on call” basis, nor does this preclude veterinarians from participating in the operation of public rabies vaccination clinics. Only public rabies vaccination clinics and mobile facilities may provide veterinary services in scheduled visits to multiple clients at transitory locations.

(6) Any practitioner who provides veterinary services on a house-call basis and does not maintain a veterinary facility for the receipt of patients shall not be required to secure a premises permit, but must provide for appropriate equipment and facilities.

(7) Any practitioner who provides veterinary services solely to agricultural animals and does not maintain a veterinary facility for the receipt of patients shall not be required to obtain a premises permit, but must provide for appropriate equipment and facilities.

(8) Mobile large and small animal veterinary facilities operating in more than one (1) location and examining and/or treating animals belonging to multiple clients whose animals are not permanently housed or boarded at that location(s) shall have a premises permit for the mobile facilities that are utilized. Such mobile facilities shall also specify the locations at which such mobile facilities will operate. Such information shall be considered as part of the application for a premises permit. Any change in the locations at which the mobile facilities will operate shall be reported to the board at least thirty (30) days in advance of the effective date of the change.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-101, et seq., 63-12-103, 63-12-106, 63-12-124, 63-12-129, and 63-12-139.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed October 18, 2004; effective January 1, 2005.

Tenn. Comp. R. & Regs. 1730-02-.08 SMALL ANIMAL SURGERY

(1) Small animal surgery shall be performed in a manner compatible with current veterinary medical practice with regard to anesthesia, asepsis, life support and monitoring procedures as well as recovery care. The standards for current veterinary practice are made available to the licensee through the courses required for mandatory continuing education.

(2) Small animal surgery shall be performed in a room designated and reserved for surgery. The minimum standards for small animal surgery shall be:

(a) The surgery room shall be completely and totally enclosed, and shall have four (4) walls, a ceiling, and a solid door or partition that extends to the ceiling.

(b) Sterilization must include steam pressure sterilization or autoclave. Gas sterilization is acceptable. Cold sterilization may be used for specialty items.

(c) Instruments and equipment utilized in surgery shall be commensurate with the type of surgical service being provided.

(d) Emergency drugs must be readily available to the surgery area.

(e) The operating table shall be constructed of a smooth and impervious material.

(f) There shall be a separate preparation area.

(g) There shall be available for surgery sterilized instruments, gowns, towels, drapes, gloves, caps, and surgically appropriate scrub brushes and masks.

(h) The surgery room shall be equipped with emergency lighting.

(i) Surgeries shall be carried out using aseptic techniques appropriate for the procedure.

(j) Safe and effective anesthesia shall be used appropriately for the surgical procedure being performed.

There shall be a preanesthesia examination for all patients undergoing general anesthesia when possible.
Positive pressure ventilation with oxygen shall be available.
Endotracheal intubation shall be available.
A gas scavenger shall be used with the gas anesthesia machines.
A monitoring device shall be available.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-129, and 63-12-139.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed August 18, 2003; effective November 1, 2003. Amendment filed June 24, 2004; effective September 7, 2004. Amendment filed November 2, 2005; effective January 16, 2006.

Tenn. Comp. R. & Regs. 1730-02-.09 LABORATORY SERVICES

(1) The facilities shall have the capability for use of either in-house or consultant laboratory service for blood chemistry, cultures and antibiotic sensitivity testing, complete blood counts, histopathological examinations and necropsies. The in-house laboratory facility shall meet the following minimum standards:

(a) The laboratory room shall be clean and orderly with provision made for ample storage;

(b) Adequate refrigeration shall be provided;

Urine tests, 2. Micro-hematocrit determination, 3. Flotation tests for ova of internal parasites, 4. Skin scraping for external parasite diagnosis, and 5. Exams for diagnosing heartworm disease.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-2-101, 63-2-102, 63-12-101, et seq., 63-12-103, 63-12-106, 63-12-124, and 63-12-129.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Repeal and new rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001.

Tenn. Comp. R. & Regs. 1730-02-.10 RADIOLOGY

The following minimum standards apply to radiology:

(1) Either in-house or consultant services for obtaining diagnostic quality radiographs will be provided.

(2) Radiology equipment and use shall be in accordance with federal and state statutes and regulations.

(3) All radiographic devices must meet the requirements of the Division of Radiological Health of the Department of Environment and Conservation.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-124, and 63-12-139.
Administrative History: Original rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed May 26, 2004; effective August 9, 2004.

Tenn. Comp. R. & Regs. 1730-02-.11 REPEALED

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, and 63-12-106.
Administrative History: Original rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001. Repeal filed May 26, 2004; effective August 9, 2004.

Tenn. Comp. R. & Regs. 1730-02-.12 RENEWAL OF PREMISES PERMIT/REINSTATEMENT OF EXPIRED PREMISES

PERMIT.

(1) The due date for renewal is the expiration date on the most current facility premises permit/renewal permit.

(2) A renewal application form will be mailed to each facility registered with the Board to the last address provided to the Board. Failure to receive such notification does not relieve the facility of the responsibility of timely meeting all requirements for renewal.

(3) To be eligible for renewal, a facility must have all of the following items completed and submitted to the Division of Health Related Boards on or before the expiration date:

(a) A completed Board renewal application form;

(b) The renewal and state regulatory fees as provided in Rule 1730-02-.06; and (c) Compliance with renewal inspection as provided in Rule 1730-02-.02.

(4) Any facility submitting a renewal form or letter which is found to be untrue may be subjecting the supervising veterinarian to disciplinary action as provided in Rule 1730-02-.15.

(5) Facilities that fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their premises permits processed in accordance with Rule

Tenn. Comp. R. & Regs. 1730-02-.13 UNPROFESSIONAL CONDUCT OF A PREMISES OWNER AND/OR VETERINARIAN

Unprofessional conduct shall include but not be limited to the following:

(1) Failure to maintain a record for each companion animal which accurately reflects the veterinary problems and interventions.

(2) Being under the influence of alcoholic beverages, or under the influence of illegal drugs which impair judgment while on duty in any animal health care facility, institution or other work place location.

(3) Impersonating another licensed practitioner.

(4) Practicing veterinary medicine in this state on an expired, retired, suspended, or revoked license or beyond the period of a valid temporary license.

(5) Failure to supervise persons to whom veterinary functions are delegated or assigned.

(6) Revealing without written permission, knowledge obtained in a professional capacity about animals or owners. Exceptions:

(a) When said information is requested during a formal investigation by representatives of the State of Tennessee or other law enforcement agencies;

(b) Or when required to do so pursuant to any action in a court of law; or (c) Where required by law to report to state or federal agencies.

(7) Failing to cooperate with authorities investigating incompetent, unethical or illegal practice of another veterinarian, a veterinary medical technician, or operation of a veterinary facility.

(8) Performing veterinary techniques or procedures without proper education.

(9) Engaging in acts of dishonesty which relate to the practice of veterinary medicine.

(10) Treating or professing to treat, or issuing any pharmaceutical to, any human.

(11) Practice in a facility without a premises permit.

(12) Practicing veterinary medicine in a setting not specifically authorized or designated by T.C.A. § 63-12-103 or Rule 1730-02-.01.

(13) Submission of an untrue veterinary facility renewal form or letter in conjunction with such renewal.

(14) Any violation of T.C.A. § 63-12-124.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-117, 63-12-102, 63-12-103, 63-12-106, 63-12-112, 63-12- 119, 63-12-121, 63-12-124, 63-12-137, 63-12-139, and 63-12-140.
Administrative History: Original rule filed June 10, 1999; effective August 24, 1999. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed October 18, 2004; effective January 1, 2005.

Tenn. Comp. R. & Regs. 1730-02-.14 EXAMINATION AND TREATMENT AREAS

(1) Small Animal - The examination and treatment areas can be in the same room and:

(a) The areas shall be clean, orderly, and well lit.

(b) Surfaces shall be constructed of material easily cleaned and disinfected.

(d) The areas shall be of ample size for proper functions.

(e) A sink with disposable towels shall be readily accessible.

(2) Large Animal - Examination and Treatment Areas (a) The areas shall be of ample size for proper function and shall be clean and orderly and well lit.

(b) The waste receptacles shall be covered.

(d) There shall be adequate floor drainage.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-129, and 63-12-139.
Administrative History: Original rule filed June 25, 2003; effective September 8, 2003. Amendment filed June 24, 2004; effective September 7, 2004.

Tenn. Comp. R. & Regs. 1730-02-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

SCREENING PANELS.

(1) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed.

(2) Upon a finding by the Board that a veterinarian and/or premises owner has violated any provision of the Tennessee Veterinary Medical Practice Act (T.C.A. §§ 63-12-101 et seq.) or the rules promulgated thereto, the Board may impose any of the following actions separately or in any combination, deemed appropriate to the offense:

(b) Formal censure or reprimand - This is a written action issued to a veterinarian and/or premises owner for one time and less severe violations. It is a formal disciplinary action.

(c) Probation - This is a formal disciplinary action which places a veterinarian and/or premises owner on close scrutiny for a fixed period of time. This action may be combined with any other formal disciplinary action and include conditions which must be met before probation will be lifted and/or which restrict or condition the licensee’s activities during the probationary period.

(d) Suspension - This is a formal disciplinary action which suspends a licensee’s right to practice and/or premises owner to operate for a fixed period of time. It contemplates the reentry of the licensee into the practice and/or operation under the premises permit previously issued.

(e) Revocation for Cause - This is the most severe form of disciplinary action which removes an individual from the practice of the profession and terminates the certification or licensure previously issued. The Board, in its discretion, may allow reinstatement of a revoked certificate, license or premises permit upon conditions and after a period of time it deems appropriate. No petition for reinstatement and no new application for certification, licensure, or premises permit from a person whose license or permit was revoked shall be considered prior to the expiration of at least one year unless otherwise stated in the Board’s revocation order.

(f) Conditions - Any action deemed appropriate by the Board to be required of a premises permit holder in any of the following circumstances:

During any period of probation, suspension; or 2. During any period of revocation after which the premises permit holder may petition for an order of compliance to reinstate the revoked premises permit; or 3. As a prerequisite to the lifting of probation or suspension or as a prerequisite to the reinstatement of a revoked premises permit; or 4. As a stand-alone requirement(s) in any disciplinary order.

(g) Civil penalty - A monetary disciplinary action assessed by the Board pursuant to paragraph (5) of this rule.

(h) When the Board suspends a license and/or premises permit, the person may not practice veterinary medicine during the period of suspension and is also prohibited from doing the following:

Direct assistance to another veterinarian in the veterinary treatment of any animal.
Appear before animal owners in a laboratory coat, clinic smock or other garment which is customarily worn by practitioners when treating animals.
Consultation with another practitioner concerning the treatment of the person’s animal(s) in the presence of or within hearing of, any animal owner; provided, however, that he may discuss with a subsequent treating practitioner, out of the presence or hearing of any animal owner, prior diagnosis or pre-existing treatment plan and such subsequent treating practitioner’s proposed treatment plan. However, the fact or substance of such discussion shall not be communicated or conveyed to an animal owner personally, or by another treating practitioner who presents it to the owner, as that person’s judgment, diagnosis, treatment plan, or other professional determination.
Personal acceptance of payment for veterinary services directly from an animal owner in the reception area of the office, clinic, or animal hospital.

(i) Once ordered, probation, suspension, revocation, assessment of a civil penalty, or any other condition of any type of disciplinary action may not be lifted unless and until the licensee and/or premises owner petitions, pursuant to paragraph (3) of this rule, and appears before the Board after the period of initial probation, suspension, revocation, or other conditioning has run and all conditions placed on the probation, suspension, revocation, have been met, and after any civil penalties assessed have been paid.

(3) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including a veterinary facility civil penalty order regarding operation without a permit, and wishes or is required to obtain an order reflecting that compliance.

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation; or 3. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reinstating a premises permit previously revoked.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Board’s Administrative Office that shall contain all of the following:

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200-10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation; or 3. An order issued reflecting that compliance and reinstating a license and/or premises permit previously revoked.

Note – You must enclose all documents necessary to prove your request including a copy of the original order. If any of the proof you are relying upon to show compliance is the testimony of any individual, including yourself, you must enclose signed statements from every individual you intend to rely upon attesting, under oath, to the compliance. The Board’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (4) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including a veterinary facility civil penalty order regarding operation without a permit, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200- 10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (5) Civil Penalties:

(a) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed pursuant to Public Chapter 389, Acts of 1989.

(b) Schedule of Civil Penalties:

A Type A civil penalty may be imposed whenever the Board finds the person who is required to be licensed or certified by the Board is guilty of a willful and knowing violation of the Practice Act, or regulations pursuant thereto, to such an extent that there is, or is likely to be an imminent substantial threat to the health, safety and welfare of an individual patient or the public. For purposes of this

section, a Type A penalty shall include, but not be limited to, a person who willfully and knowingly is or was practicing as an veterinarian or operating a premises without a license or permit from the Board.

A Type B civil penalty may be imposed whenever the Board finds the person required to be licensed by the Board is guilty of a violation of the Veterinary Practice Act or regulations pursuant thereto in such manner as to impact directly on the care of patients or the public.
A Type C civil penalty may be imposed whenever the Board finds the person and/or premises required to be licensed, permitted, or authorized by the Board is guilty of a violation of the Veterinary Practice Act or regulations promulgated thereto, which are neither directly detrimental to patients or the public, nor directly impact their care, but have only an indirect relationship to patient care or the public.

Type A civil penalties shall be assessed in the amount of not less than $500 nor more than $1,000.
Type B civil penalties may be assessed in the amount of not less than $100 and not more than $500.
Type C civil penalties may be assessed in the amount of not less than $50 and not more than $100.

(d) Procedures for Assessing Civil Penalties:

The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and law upon which it relies in alleging a violation, the proposed amount of the civil penalty and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.
Civil penalties may also be initiated and assessed by the Board during consideration of any Notice of Charges. In addition, the Board may, upon good cause shown, assess type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these rules the Board may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and (v) The interest of the public.

All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5.

(6) Informal Settlements - The Board consultant is authorized to enter into informal settlement agreements pursuant to Rule 1045-02-19 under which a complaint against an individual may be closed without any disciplinary action. Any matter proposed for informal settlement must be subsequently ratified by the full board before it will become effective. Such agreement may include any terms deemed appropriate by the Board consultant including, but not limited to:

(a) Mandatory education program or course attendance;

(b) Submission of reports, records or other appropriate documentation;

(7) It is an offense to knowingly operate a veterinary facility in this state without a premises permit. A violation of this section is a Class B misdemeanor and each violation constitutes a separate offense.

Any person, corporation or other similar organization, public or private, for-profit or not-for-profit, shall apply for and receive a premises permit before the commencement of operations at the veterinary facility; and 2. The owner of the veterinary facility shall not restrict or interfere with medically appropriate veterinary diagnostic or treatment decisions by the licensed veterinarians employed at the veterinary facility.

(b) The following are exempt from this section:

A veterinarian employed by a person, corporation or other similar organization, public or private, for-profit or not-for-profit, to treat such employer’s animal(s);
A veterinarian employed by an official agency of the federal or state government, or any subdivision thereof; and 3. A veterinarian employed by any licensed research facility.

(9) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-12-143.

(10) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

(a) Shall have concurrent authority with the Board and any individual appointed by the Board pursuant to Rule 1730-01-.19, to do the acts enumerated in Rule 1730-01- .19(1)(b)1. and 2. subject to the conditions contained therein.

A screening panel(s) comprised of two (2) or more persons shall elect a chairperson prior to convening to conduct business.
A screening panel(s) comprised of two (2) or more persons is required to conduct the informal hearings authorized in subparagraph (b) immediately below.

(b) After completion of an investigation by the Division, may upon request of either the state, or the licensee and/or premises owner who is the subject of an investigation with the agreement of the state, or upon request of both the licensee and/or premises owner, and the state, conduct a non-binding informal hearing and make recommendations as a result thereof as to what, if any, terms of settlement of any potential disciplinary action are appropriate.

Neither the Rules of Civil Procedure, the Rules of Mediation and Arbitration, the Rules of Evidence, or Contested Case Procedural Rules under the Administrative Procedures Act shall apply in informal hearings before the screening panel(s). However, Rule 31 of the Rules of the Tennessee Supreme Court may serve as general guidance as to the principles of mediation and alternative dispute resolution.

(i) Evidence may be presented or received in any manner and in whatever order agreed upon by the parties.

(ii) Prior to convening the panel and in the absence of an agreement of the parties, the screening panel chairperson shall determine the manner and order of presentation of evidence.

Neither the state nor a licensee and or premises owner who is the subject of an investigation being considered by a screening panel can be compelled to participate in any informal hearing.
Proposed settlements reached as a result of any informal hearing will not become binding and final unless they are:

(i) Approved by a majority of the members of the screening panel which issued them; and (ii) Agreed to by both the Department of Health, by and through its attorney(s), and the licensee and/or premises owner; and (iii) Subsequently presented to and ratified by the Board.

(11) Reconsiderations and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule

Tenn. Comp. R. & Regs. 1730-02-.16 HOSPITALIZATION

(1) Inpatients shall be examined at least once daily by facility personnel.

(2) Where appropriate, hospitalized animals shall be fed and watered at least once daily, and more frequently if required.

(3) Wards shall be orderly, free of bad odors, have adequate ventilation and temperature control.

(4) Cages or kennels shall have solid partitions and have a method for securely fastening them closed.

(5) Pens and stalls shall be clean, orderly, free of objectionable odors and have adequate ventilation.

(6) Pens and stalls shall be well lighted and have a method for securely fastening them closed.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-129, and 63-12-139.
Administrative History: Original rule filed August 18, 2003; effective November 1, 2003. Amendment filed June 24, 2004; effective September 7, 2004.

Tenn. Comp. R. & Regs. 1730-02-.17 PROVISIONS FOR NON-PROVIDED SERVICES

If not provided, a list of the following services must be posted in a conspicuous place.

(1) Radiology (2) Hospitalization (3) Surgery (4) Emergency Services

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-129, and 63-12-139.
Administrative History: Original rule filed June 25, 2003; effective September 8, 2003. Amendment filed June 24, 2004; effective September 7, 2004.

Tenn. Comp. R. & Regs. 1200-10-01-.10 .

(6) Reinstatement of an Expired Premises Permit (a) Reinstatement of a premises permit that has expired may be accomplished upon meeting the following conditions:

Payment of all past due renewal and state regulatory fees; and 2. Payment of the late renewal fee provided in Rule 1730-02-.06; and 3. Compliance with inspection as provided in Rule 1730-02-.02.

(b) Reinstatement decisions pursuant to this rule may be made administratively or reviewed by the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-107, 63-12-105, 63-12-106, 63-12-121, and 63-12-139.
Administrative History: Original rule filed June 25, 2003; effective September 8, 2003.

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-124, 63-12-128, and 63-12-139.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed August 24, 2000; effective November 7, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed September 23, 2004; effective December 7, 2004. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed September 10, 2009; effective December 9, 2009.

Chapter 1730-03 General Rules Governing Veterinary Technicians

Tenn. Comp. R. & Regs. 1730-03-.01 DEFINITIONS

As used in these rules, the terms and acronyms shall have the following meanings ascribed to them.

(1) Advertisement - Information communicated to the public, in any manner, designed to attract public attention to the practice of veterinarians or facilities licensed in Tennessee.

(3) Applicant - Any individual seeking licensure by the Board who has submitted an official application and paid the application fee.

(5) Board - The Tennessee Board of Veterinary Medical Examiners.

(6) Client - The patient’s owner, owner’s agent, or other person responsible for the patient.

(7) Collection of Blood - The act of removing the fluid that circulates through an animal’s heart, arteries, capillaries, and veins for the purpose of analyzing such fluid for diagnostic, therapeutic or other treatment purposes.

(8) Department - Tennessee Department of Health.

(9) Discounted Fee - A fee offered or charged by a person or organization for any veterinary product or service that is less than the fee usually offered or charged for the product or service. Products or services expressly offered free of charge are not considered to be offered at a “discounted fee.”

(10) Division - The Tennessee Department of Health, Division of Health Related Boards, from which the Board receives administrative support.

(11) Floating - The rasping or cutting of enamel points from the cheek teeth of an equine.

(12) House Call - A scheduled visit for the purpose of providing veterinary services to an individual client outside of a veterinary facility at the client’s residence, business, or property. A veterinarian who conducts a house call shall have a permanent base of operations with a published address and telephone facilities for making appointments or responding to emergency situations.

(13) Licensee - Any person who has been lawfully issued a license by the Board.

(14) Patient - An animal that is examined or treated by a veterinarian.

(15) Premises - Any veterinary facility where a licensed veterinarian practices or where the practice of veterinary medicine occurs.

(16) Premises Owner - Any person, corporation or other similar organization, public or private, forprofit or not-for-profit, who holds title to a facility where a licensed veterinarian practices or where the practice of veterinary medicine occurs.

(17) Premises Permit - A permit issued by the Board to operate a veterinary medicine facility when premises meet minimum standards established by the Board.

(18) Public Rabies Vaccination Clinic - A clinic sponsored by a local health department to provide vaccination of dogs and cats against rabies, under the local health department’s ordinances and regulations.

(19) Retail Establishment - Any retail store in excess of two thousand five hundred (2,500) square feet that primarily sells goods not related to the practice of veterinary medicine, or any veterinary facility located in an enclosed shopping mall or enclosed shopping center.

(20) Supervising Veterinarian - A person who is validly and currently licensed to practice veterinary medicine in Tennessee, who shall be accountable to the Board for the facility’s compliance with the laws and rules governing the practice of veterinary medicine in this state, and is responsible for the supervision of a temporary licensee, veterinary student intern, employee, or consulting veterinarian.

(21) Surgery - The art, practice, or work of treating disease, injuries, deformities, or conditions by manual or operative procedures. The castrating or dehorning of any wild or domestic animal is not considered veterinary surgery.

(22) Veterinarian-Client-Patient Relationship has the same meaning established by T.C.A. § 63- 12-103(17).

(23) Veterinary Facility has the same meaning established by T.C.A. § 63-12-103(18).

(24) Veterinary Practice means:

(a) Large Animal Practice - A practice in which ninety percent (90%) or more of the animals seen/treated are equine, farm animal, or any other animals deemed as “large animal” by the Board of Veterinary Medical Examiners.

(b) Small Animal Practice - A practice in which ninety percent (90%) or more of the animals seen/treated are companion animals or any other animals deemed as “small animal” by the Board of Veterinary Medical Examiners.

(c) Mixed Animal Practice - A practice in which both large and small animals are seen/treated and the percentage of animals seen/treated exceeds ten percent (10%) for both types of animals.

(25) Veterinary Rehabilitative Therapy - Therapeutic or rehabilitative interventions that are used to treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical conditions for the purpose of physical rehabilitation.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-101, 63-12-102, 63-12-103, 63-12-104, 63-12-105, 63-12- 106, 63-12-110, 63-12-112, 63-12-113, 63-12-121, 63-12-133, 63-12-135, and 63-12-139.
Administrative History: Original rule filed October 13, 1983; effective November 14, 1983. Amendment filed December 5, 1990; effective January 19, 1991. Amendment filed October 20, 1992; effective December 4, 1992. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29,1999. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.02 SCOPE OF PRACTICE

(1) The scope of practice for veterinary technicians is limited to procedures that are assigned or delegated to the veterinary technician by the supervising veterinarian and do not involve diagnosing, prescribing, or performing surgical procedures.

(2) Veterinary technicians who perform procedures not delegated under this rule, procedures specifically prohibited, or tasks without the responsible supervision of a supervising veterinarian may be subject to disciplinary action pursuant to T.C.A. § 63-12-124.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-103, 63-12-106, 63-12-124, and 63-12-135.
Administrative History: Original rule filed October 13, 1983; effective November 14, 1983. Repeal and new rule filed June 30, 1987; effective August 14, 1987. Amendment filed December 5, 1990; effective January 19, 1991. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.03 NECESSITY OF LICENSURE

To practice as a veterinary medical technician in Tennessee, a person must possess a lawfully issued license from the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, and 63-12-135.
Administrative History: Original rule filed October 13, 1983; effective November 14, 1983. Amendment filed August 21, 1984; effective September 20, 1984. Amendment filed December 5, 1990; effective January 19, 1991. Repeal and new rule filed April 28, 1995; effective July 12, 1995.

Tenn. Comp. R. & Regs. 1730-03-.04 QUALIFICATIONS FOR LICENSURE

To be eligible for licensure as a veterinary technician, an applicant must meet all of the following qualifications and follow the procedures listed in

Rule 1730-03-.05.

(1) Veterinary Technician by Examination (a) Complete the application form approved by the Board;

(b) Graduate from a veterinary technology program approved by the American Veterinary Medical Association;

(c) Pass the examination as provided in paragraph (1) of Rule 1730-03-.08 within the last ten (10) years; and (d) Provide proof of good moral character. Proof of good moral character will be determined by the Board and the Board’s administrative staff through review of the application documents and background check. The Board may require an applicant to appear before the Board to answer questions or provide additional information regarding the applicant’s character.

(2) Veterinary Technician by Reciprocity (a) Complete the application form approved by the Board;

(b) Graduate from a veterinary technology program approved by the American Veterinary Medical Association;

(d) Provide proof of having engaged in active practice as a veterinary technician in another state, territory or Canadian province for one (1) out of the last five (5) years, preceding application. “Active practice,” for the purpose of this section is defined as practice in the area of veterinary medicine as defined in T.C.A. § 63-12-103(10) for an average of twenty (20) hours per week in another state or jurisdiction. The Board may consider a waiver upon request;

Waiver of requirement (i) The Board may grant a waiver pertaining to the number of years and average weekly hours of active practice.

(ii) Waivers will be considered only on an individual basis and may be requested by submitting a written request to the Board’s administrative office.

(e) Provide proof of good moral character. Proof of good moral character will be determined by the Board and the Board’s administrative staff through review of the application documents and background check. The Board may require an applicant to appear before the Board to answer questions or provide additional information regarding the applicant’s character.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-107, 63-12-112, 63-12-114, 63-12-115, 63-12- 116, 63-12-117, and 63-12-135.
Administrative History: Original rule filed October 13, 1983; effective November 14, 1983. Repeal filed December 5, 1990; effective January 19, 1991. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.05 PROCEDURES FOR LICENSURE

(1) Veterinary Technician by Examination.

(a) An applicant shall obtain an application from the Board’s administrative office and respond truthfully and completely to every question or request for information.

(b) An applicant shall pay, at the time of application, the non-refundable application fee and state regulatory fee as provided in Rule 1730-03-.06.

(d) An applicant shall cause a transcript from a veterinary technology program approved by the American Veterinary Medical Association to be submitted directly from the school to the Board’s administrative office. The transcript must show that the applicant has graduated from the program and carry the official seal of the institution.

(e) An applicant shall pass the examination as provided in Rule 1730-03-.08. Official scores shall be submitted to the Board’s administrative office directly from the testing service.

(f) An applicant shall disclose the circumstances surrounding any of the following:

Conviction of any criminal law violation of any country, state or municipality, except minor traffic violations. Driving Under the Influence is not a minor traffic violation.
Denial of a licensure application or the discipline of a license by any other state.
Loss or restriction of certification or licensure privileges.
Any final or settled legal action that relates to the applicant’s professional services in any profession, or, any pending legal action that relates to the applicant’s professional services and to which the applicant is a party.

(g) An applicant shall cause to be submitted to the Board’s administrative office directly from the vendor identified in the Board’s licensure application materials, the result of a criminal background check.

(h) An applicant shall submit proof of United States or Canada citizenship or evidence of being legally entitled to live in the United States. Such evidence may include a copy of a birth certificate, naturalization papers, or current visa status.

(i) Where necessary, required documents shall be translated in English. The original document and the translation must be certified as authentic by the issuing source.

(j) Application review and licensure decisions are governed by Rule 1730-03-.07.

(k) If an applicant has ever held a license to practice as a veterinary technician in any other state or Canada, the applicant shall cause the equivalent of a Tennessee Certificate of Endorsement to be submitted from each such licensing board. The document submitted should indicate the license number, the date of issuance, the license status, expiration date and information concerning any disciplinary action.

(2) Veterinary Technician by Reciprocity. The Board may grant full licensure by reciprocity to veterinary technicians licensed in another state. The process for obtaining a license by reciprocity is as follows:

(a) An applicant shall obtain an application form from the Board’s administrative office and respond truthfully and completely to every question or request for information.

(b) An applicant shall pay, at the time of application, the non-refundable application fee, reciprocity license fee and State Regulatory fee as provided in Rule 1730-03-.06.

(e) An applicant shall disclose the circumstances surrounding any of the following:

Conviction of any criminal law violation of any country, state or municipality, except minor traffic violations. Driving Under the Influence is not a minor traffic violation.
Denial of a licensure application or the discipline of a license by any other state.
Loss or restriction of certification or licensure privileges.
Any final or settled legal action that relates to the applicant’s professional services in any profession, or, any pending legal action that relates to the applicant’s professional services and to which the applicant is a party.

(f) An applicant shall cause to be submitted to the Board’s administrative office directly from the vendor identified in the Board’s licensure application materials, the result of a criminal background check.

(g) An applicant shall submit proof of United States or Canada citizenship or evidence of being legally entitled to live in the United States. Such evidence may include a copy of a birth certificate, naturalization papers, or current visa status.

(h) Where necessary, required documents shall be translated in English. The original document and the translation must be certified as authentic by the issuing source.

(i) Application review and licensure decisions are governed by Rule 1730-03-.07.

(j) If an applicant has ever held a license to practice as a veterinary technician in any other state or Canada, the applicant shall cause to be submitted the equivalent of a Tennessee Certificate of Endorsement from each such licensing board. The document submitted should indicate the license number, the date of issuance, the license status, expiration date and information concerning any disciplinary action.

(k) An applicant shall furnish an affidavit or other proof that he or she engaged actively in the practice of veterinary technology for one (1) of the five (5) years preceding application for an average of twenty (20) hours per week.

(l) An applicant shall submit an original letter of recommendation from a veterinarian.

(m) Any person holding a reciprocity license is subject to all disciplinary provisions of the Tennessee Veterinary Practice Act.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-112, 63-12-114, 63-12-115, and 63- 12-135.
Administrative History: Original rule filed October 13, 1983; effective November 14, 1983. Amendment filed September 6, 1988; effective October 21, 1988. Amendment filed January 17, 1989; effective March 3, 1989. Amendment filed March 1, 1990; effective April 15, 1990. Amendment filed December 20, 1990; effective February 3, 1991. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed March 14, 2006; effective May 28, 2006. Amendment filed March 23, 2007, effective June 6, 2007. Amendment filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.06 FEES

(1) The fees are as follows:

(a) Application Fee - A non-refundable fee to be paid by all applicants including those seeking licensure by reciprocity. It must be paid each time an application for licensure is filed.

(b) Endorsement/Verification Fee - Endorsement of licensure to state licensing boards and government agencies will be provided at no charge on behalf of the licensee. A nonrefundable fee is to be paid for each verification of licensure to anyone other than a state licensing board or government agency.

(d) License Renewal Fee - A non-refundable fee to be paid by all licensees. This fee also applies to individuals who reactivate a retired or lapsed license.

(e) Reciprocity License Fee - A non-refundable fee to be paid at the time of application for licensure.

(g) State Regulatory Fee - To be paid by all individuals at the time of application and with all renewal applications.

(2) All fees shall be established by the Board. Fees may be reviewed and changed at the discretion of the Board.

(3) Fee Schedule: Amount (a) Application $ 75.00 (b) Endorsement/Verification 20.00 (c) Late Renewal 80.00 (d) Renewal (biennial) 90.00 (e) Reciprocity License Fee 80.00 (f) Replacement License or Renewal Certificate Fee 25.00 (g) State Regulatory Fee (biennial) 10.00 (4) All fees may be paid in person, by mail or electronically by cash, check, money order, or by credit and/or debit cards accepted by the Division of Health Related Boards. If the fees are paid by certified, personal or corporate check they must be drawn against an account in a United States Bank, and made payable to the Tennessee Board of Veterinary Medical Examiners.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, and 63-12-135.
Administrative History: Original rule filed October 13, 1983; effective November 14, 1983. Amendment filed May 30, 1989; effective July 14, 1989. Amendment filed December 5, 1990; effective January 19, 1991. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed August 18, 2003; effective November 1, 2003. Amendment filed March 14, 2006; effective May 28, 2006. Amendment filed March 23, 2007; effective June 6, 2007

Tenn. Comp. R. & Regs. 1730-03-.07 APPLICATION REVIEW, APPROVAL, DENIAL, INTERVIEWS

(1) Applications for licensure are accepted throughout the year.

(3) If an application is incomplete when reviewed by the Board or the Board’s Executive Director, a deficiency letter will be sent to notify the applicant of the deficiency.

(a) For an applicant who has completed the requirements for licensure, all documentation must be received within sixty (60) days of mailing of the deficiency notification.

Otherwise, the application shall be closed and the applicant may reapply.

(4) For an applicant who has not passed the Veterinary Technician National Examination (VTNE), the file will remain open until the applicant has had the opportunity to take the VTNE three (3) times. At that time, the file will be closed and the applicant notified.

(b) An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.

(8) Abandonment of Application (a) The Board’s Executive Director will deem an application “abandoned” if:

The application has not been completed by the applicant within 18 months after it was initially reviewed by the Board; or 2. An applicant fails to sit for a scheduled examination within twelve (12) months after being notified of eligibility.

(b) Written notification of abandonment will be mailed to the applicant and the application file will be closed.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-142, 63-12-105, 63-12-106, 63-12-107, 63-12-112, 63-12- 114, 63-12-115, 63-12-116, 63-12-117, and 63-12-135.
Administrative History: Original rule filed August 21, 1984; effective September 20, 1984. Amendment filed December 5, 1990; effective January 19, 1991. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed March 23, 2007; effective June 6, 2007. Amendment filed September 10, 2009; effective December 9, 2009. Amendment filed May 23, 2014; effective August 21, 2014. 1730-03-08 EXAMINATIONS. (1) Individuals seeking licensure by examination, as provided in Rules 1730-03-.04 and 1730-03- .05, shall be required to pass the Veterinary Technician National Examination (VTNE), developed by the American Association of Veterinary State Boards. The Board adopts the VTNE as its state and national examinations under T.C.A. § 63-12-115. (2) The passing score shall be the criterion-referenced passing grade established by the testing agency. (3) All examination applications and fees for the Veterinary Technician National Examination shall be sent directly to the American Association of Veterinary State Boards. (4) Official examination scores shall be submitted to the Board’s administrative office directly from the testing agency whenever the examination was taken outside the Board’s jurisdiction. Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-114, 63-12-115, and 63-12-135.

Tenn. Comp. R. & Regs. 1730-03-.09 RENEWAL OF LICENSE

(1) Renewal Application (a) The due date for license renewal is the last day of the month of the license period pursuant to the Division’s biennial renewal system.

(c) To be eligible for renewal, an individual must have completed continuing education requirements provided in Rule 1730-03-.12 and submit to the Division of Health Related Boards on or before the expiration date all of the following:

A completed Board renewal application form; and 2. The renewal and state regulatory fees as provided in Rule 1730-03-.06.

(d) Anyone submitting a renewal form or letter which is found to be untrue may be subjecting himself to disciplinary action as provided in Rule 1730-03-.15.

(e) Licensees who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their licenses processed in accordance with Rule 1200-10-01-.10.

(2) Reinstatement of an Expired License (a) Reinstatement of a license that has expired may be accomplished upon meeting the following conditions:

Payment of all past due renewal and state regulatory fees;
Payment of the late renewal fee provided in Rule 1730-03-.06; and 3. Compliance with continuing education requirement pursuant to Rule 1730-03-.12.

(b) Reinstatement decisions pursuant to this rule may be made administratively or reviewed by the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-107, 63-12-105, 63-12-106, 63-12-119, 63-12-120, 63-12- 121, 63-12-122, 63-12-124, 63-12-128, and 63-12-135.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 25, 2003; effective September 8, 2003.

Tenn. Comp. R. & Regs. 1730-03-.10 SUPERVISION

(1) A Tennessee-licensed veterinarian must supervise a veterinary technician. This supervision must be in the same veterinary hospital, clinic, or outpatient office.

(2) No veterinary technician, veterinary student intern, or employee shall provide any professional services as covered by these rules without the responsible supervision of a licensed veterinarian, except that an employee of the veterinarian may be permitted to float teeth using non-motorized equipment without the physical presence of a licensed veterinarian as long as the employee is functioning under the supervision, control, and responsibility of the licensed veterinarian within the context of a valid veterinarian-client-patient relationship.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-103, 63-12-106, 63-12-113, 63-12-119, 63-12-124, 63-12- 128, 63-12-133, and 63-12-135.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.11 RETIREMENT AND REACTIVATION OF LICENSE

(1) Veterinary technicians who wish to retire their license must complete and return to the Board’s administrative office an Affidavit of Retirement form indicating one of the following:

(a) Permanent retirement of the license to practice as a veterinary medical technician.

(b) Retirement of the Tennessee license to practice as a veterinary medical technician in another state.

(c) Retirement of the Tennessee license to practice as a veterinary medical technician in order to seek other types of employment.

(2) When a licensee who has retired a Tennessee veterinary license to practice as a veterinary medical technician in another state wishes to reactivate the Tennessee license, said licensee must show evidence of the following:

(a) Evidence of good standing where the retiree holds a license.

(b) Evidence of continuous practice during the period of retirement of the Tennessee license.

(c) Evidence of having completed continuing education courses equal to the number of hours required by the Board, during the period of time the Tennessee license was retired.

(3) If reactivation was requested prior to the expiration of one (1) year from the date of retirement, the Board shall require payment of the late renewal fee, the past due renewal fee, and the state regulatory fee as provided in Rule 1730-03-.06.

(4) Veterinary technicians who have not engaged in continuous practice during the retirement of a license must appear before the Board for an oral examination and at that time show proof of Board-approved continuing education equal to that required by Tennessee law for each year the license was retired.

(5) Licensure reactivation application shall be treated as licensure applications and review and decisions required by this rule shall be governed by Rule 1730-03-.07.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-120, 63-12-121, and 63-12-135.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed November 2, 2005; effective January 16, 2006. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.12 CONTINUING EDUCATION

(1) Hours Required (a) To renew a license, the licensee must obtain twelve (12) hours of continuing education each calendar year. Six (6) hours must pertain to the medical, surgical, and/or nursing care of animals. Six (6) hours may pertain to an area of special interest in veterinary medicine in fields other than the medical, surgical, or nursing care of animals, including practice management and state and federal regulatory programs. A maximum of four (4) hours may be obtained in a multi-media format as defined in part (3)(d)2. of this

rule.

(b) A licensee is exempt from continuing education requirements during the calendar year of the licensee’s graduation from a veterinary technology program approved by the American Veterinary Medical Association.

(c) The Board approves courses for only the number of hours contained in the course. A licensee will not receive credit for repeating the same course in a calendar year.

(2) Proof of Compliance (a) The due date for attendance and completion of the required continuing education hours is December 31 of each year. Each licensee must attest, on a Board provided form, to attendance and completion of the required continuing education hours and that such hours were obtained during the preceding calendar year.

(c) Each licensee must retain independent documentation of attendance and completion of all continuing education courses. This documentation must be retained for a period of four (4) years from the end of the calendar year in which the course is completed. This documentation must be produced for inspection and verification, if requested by the Board during its verification process.

(3) Course Approval (a) Courses to be offered for credit toward the required continuing education hours must receive approval from the Board, except as provided in subparagraph (e) of this rule.

(b) Timely completion of continuing education credits is solely the responsibility of the licensee. Except as provided in part (3)(d)2. of this rule, the licensee must be physically present at these continuing education meetings and will be required to attest, at the time of renewal, that the requirement has been met.

(c) Approval may be obtained by submitting the following information to the Board’s administrative office at least thirty (30) days before the scheduled date of the course.

A course description or outline;
Names of all speakers and sponsors;
Number of hours of educational credit requested; and 4. Date of course.

(d) Continuing education courses may be presented in any of the following formats:

Lecture 2. Multi-Media - With successful completion of a written post-experience examination to evaluate material retention, multi-media courses may be taken for continuing education credit. Multi-Media courses may include courses using:

Courses sponsored or approved by any of the following organizations:

American Animal Hospital Association American Association for Wildlife Veterinarians American Association for Women Veterinarians American Association of Avian Pathologists American Association of Bovine Practitioners American Association of Equine Practitioners American Association of Sheep and Goat Practitioners American Association of Swine Practitioners American Association of Veterinary Clinicians American Association of Veterinary Parasitologists American College of Veterinary Toxicologists American College of Laboratory Animal Medicine American College of Poultry Veterinarians American College of Theriogenologists American College of Veterinary Internal Medicine American Dairy Science Association American Society of Animal Scientists American Society for Veterinary Clinical Pathology American Society of Veterinary Ophthalmology American Veterinary Epidemiology Society 2. Educational courses sponsored by an accredited school of veterinary medicine or veterinary technology. A course taken for or assigned three (3) semester credit hours or equivalent quarter credit hours counts as fifteen (15) continuing education hours. No credits will be counted for courses failed.

Courses and programs approved by the Registry of Approved Continuing Education (RACE), which is the American Association of Veterinary State Boards’ national clearinghouse for approval of continuing education.
Educational programs dealing with the practice of veterinary medicine provided by any local, state, regional, national or international veterinary associations, Board-certified specialties recognized by the American Veterinary Medical Association (AVMA), schools or colleges of veterinary medicine accredited by the AVMA, and the United States Department of Agriculture; and any program approved by another state veterinary board.

(4) Waiver or Extension of Continuing Education (a) The Board may grant a waiver or extension of the need to attend and complete the required hours of continuing education.

(b) Waivers or extensions will be considered only on an individual basis and may be requested by submitting a written request to the Board’s administrative office.

(c) A waiver or extension approved by the Board is effective for only the calendar year for which the waiver is sought unless otherwise specified in writing by the Board.

(5) Continuing Education for Reactivation of a Retired License (a) Any licensee who applies for reactivation of a retired license must attest to having completed Board-approved continuing education credit equal to that required by this

rule, with a maximum requirement of twenty-four (24) hours.

(c) The Board, upon receipt of a written request and explanation, may waive any or all of the continuing education for reactivation of a retired license.

(6) Violations (a) Any licensee who falsely attests to the attendance and completion of the required continuing education hours or fails to obtain the required continuing education hours may be subject to discipline by the Board pursuant to T.C.A. § 63-12-124(a)(1), (2), (4), (12), or (14).

History

Authority: T.C.A. §§ 63-12-106, 63-12-120, and 63-12-121.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed June 26, 2007; effective September 9, 2007. Amendment filed May 23, 2014; effective August 21, 2014. Amendments filed October 17, 2025; effective January 15, 2026.

Tenn. Comp. R. & Regs. 1730-03-.13 UNPROFESSIONAL CONDUCT

Acts prohibited to be performed by veterinary technicians shall include, but not be limited to, the following:

(1) Advertising for services beyond the scope of practice of a veterinary technician.

(2) Performing beyond the scope of practice of a veterinary technician or performing a nondelegable duty or service or accepting such directives.

(3) Being under the influence of alcoholic beverages, or under the influence of drugs which impair judgment while on duty at any animal health care facility, institution, or other work place location.

(4) Practicing as a veterinary technician in this state on an expired, retired, suspended, or revoked license.

(5) Failing to cooperate with authorities investigating incompetent, unethical or illegal practice of a veterinarian or another veterinary technician.

(6) Engaging in acts of dishonesty which relate to the practice of veterinary medicine or practice as a veterinary technician.

(7) Engaging in practice in a facility without a premises permit.

(8) Any violation of T.C.A. § 63-12-124.

(9) Violation of any lawful order of the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-103, 63-12-106, 63-12-119, 63-12-124, and 63-12-135.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29,1999. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

SCREENING PANELS.

(1) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed.

(2) Upon a finding by the Board that an veterinary medical technician has violated any provision of the Tennessee Veterinary Medical Practice Act (T.C.A. §§ 63-12-101, et seq.) or the rules promulgated thereto, the Board may impose any of the following actions separately or in any combination deemed appropriate to the offense:

(a) Advisory Censure - This is a written action issued to the veterinary medical technician for minor or near infractions. It is informal and advisory in nature and does not constitute a formal disciplinary action.

(b) Formal censure or reprimand - This is a written action issued to a veterinary medical technician for one time and less severe violations. It is a formal disciplinary action.

(c) Probation - This is a formal disciplinary action which places a veterinary medical technician on close scrutiny for a fixed period of time. This action may be combined with conditions which must be met before probation will be lifted and/or which restrict the individual’s activities during the probationary period.

(d) Licensure Suspension - This is a formal disciplinary action which suspends an individual’s right to practice for a fixed period of time. It contemplates the reentry of the individual into the practice under the licensure previously issued.

(e) Revocation for Cause - This is the most severe form of disciplinary action which removes an individual from the practice of the profession and terminates the certification or licensure previously issued. The Board, in its discretion, may allow reinstatement of a revoked certificate or license upon conditions and after a period of time it deems appropriate. No petition for reinstatement and no new application for certification or licensure from a person whose license was revoked shall be considered prior to the expiration of at least one year unless otherwise stated in the Board’s revocation order.

(f) Conditions - Any action deemed appropriate by the Board to be required of a disciplined licensee in any of the following circumstances:

During any period of probation, suspension; or 2. During any period of revocation after which the licensee may petition for an order of compliance to reinstate the revoked license; or 3. As a prerequisite to the lifting of probation or suspension or as a prerequisite to the reinstatement of a revoked license; or 4. As a stand-alone requirement(s) in any disciplinary order.

(g) Civil Penalty - A monetary disciplinary action assessed by the Board pursuant to paragraph (5) of this rule.

(h) When the Board suspends a license, the person may not practice as a veterinary medical technician during the period of suspension and is also prohibited from doing the following:

Direct assistance to another veterinary medical technician in the veterinary treatment of any animal.
Appear before animal owners in a laboratory coat, clinic smock or other garment which is customarily worn by practitioners when treating animal.
Personal acceptance of payment for veterinary services directly from an animal owner in the reception area of the office, clinic, or animal hospital.

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation; or 3. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reinstating a license previously revoked.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Board’s Administrative Office that shall contain all of the following:

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200-10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation; or 3. An order issued reflecting that compliance and reinstating a license previously revoked.

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (4) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including an unlicensed practice civil penalty order, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200- 10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

Respectfully submitted this the day of , 20 .

section, a Type A penalty shall include, but not be limited to, a person who willfully and knowingly is or was practicing as a veterinary medical technician without a license from the Board.

A Type B civil penalty may be imposed whenever the Board finds the person required to be licensed by the Board is guilty of a violation of the Veterinary Practice Act or regulations pursuant thereto in such manner as to impact directly on the care of clients or the public.
A Type C civil penalty may be imposed whenever the Board finds the person required to be licensed, permitted, or authorized by the Board is guilty of a violation of the Veterinary Practice Act or regulations promulgated thereto, which are neither directly detrimental to clients or the public, nor directly impact their care, but have only an indirect relationship to client care or the public.

(c) Amount of Civil Penalties 1. Type A civil penalties shall be assessed in the amount of not less than $500 nor more than $1,000.

Type B civil penalties may, be assessed in the amount of not less than $100 and not more than $500.
Type C civil penalties may be assessed in the amount of not less than $50 and not more than $100.

(d) Procedures for Assessing Civil Penalties 1. The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and law upon which it relies in alleging a violation. the proposed amount of the civil penalty and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.

Civil penalties may also be initiated and assessed by the Board during consideration of any Notice of Charges. In addition, the Board may, upon good cause shown, assess type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these rules the Board may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and, (v) The interest of the public.

All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5.

(6) Informal Settlements - The Board consultant is authorized to enter into informal settlement agreements pursuant to Rule 1730-03-.19 under which a complaint against an individual may be closed without any disciplinary action. Any matter proposed for informal settlement must be subsequently ratified by the full Board before it will become effective. Such agreement may include any terms deemed appropriate by the Board consultant including, but not limited to:

(a) Mandatory education program or course attendance;

(b) Submission of reports, records or other appropriate documentation;

Any person, corporation or other similar organization, public or private, for-profit or not-for-profit, shall apply for and receive a premises permit before the commencement of operations at the veterinary facility; and 2. The owner of the veterinary facility shall not restrict or interfere with medically appropriate veterinary diagnostic or treatment decisions by the licensed veterinarians employed at the veterinary facility.

(b) The following are exempt from this section:

A veterinarian employed by a person, corporation or other similar organization, public or private, for-profit or not-for-profit, to treat such employer’s animal(s);
A veterinarian employed by an official agency of the federal or state government, or any subdivision thereof; and 3. A veterinarian employed by any licensed research facility.

(9) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-12-143.

(10) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

(a) Shall have concurrent authority with the Board and any individual appointed by the Board pursuant to Rule 1730-03-.19, to do the acts enumerated in Rule 1730-03- .19(1)(b)1. and 2. subject to the conditions contained therein.

A screening panel(s) comprised of two (2) or more persons shall elect a chairperson prior to convening to conduct business.
A screening panel(s) comprised of two (2) or more persons is required to conduct the informal hearings authorized in subparagraph (b) immediately below.

Neither the Rules of Civil Procedure, the Rules of Mediation and Arbitration, the Rules of Evidence, or Contested Case Procedural Rules under the Administrative Procedures Act shall apply in informal hearings before the screening panel(s). However, Rule 31 of the Rules of the Tennessee Supreme Court may serve as general guidance as to the principles of mediation and alternative dispute resolution.

(i) Evidence may be presented or received in any manner and in whatever order agreed upon by the parties.

(ii) Prior to convening the panel and in the absence of an agreement of the parties, the screening panel chairperson shall determine the manner and order of presentation of evidence.

Neither the state nor a licensee who is the subject of an investigation being considered by a screening panel can be compelled to participate in any informal hearing.
Proposed settlements reached as a result of any informal hearing will not become binding and final unless they are:

(11) Reconsiderations and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule

Tenn. Comp. R. & Regs. 1730-03-.16 LICENSE

(1) Issuance - Upon the Board determining that an applicant for licensure has successfully met all the requirements as set forth in T.C.A. §§ 63-12-101, et seq. and these rules the Board shall issue the applicant a license to practice as a veterinary technician.

(3) Replacement License or Renewal Certificate - A license holder whose “artistically designed” license has been lost or destroyed may be issued a replacement document upon receipt of a written request in the Board’s administrative office.

(4) Verification - Requests for licensure verification must be made in writing to the Board’s administrative office.

(5) Use of Titles - Only a person who possesses a valid, unsuspended and unrevoked, Boardissued license to practice as a veterinary technician is authorized to use the title “Veterinary Technician,” “Licensed Veterinary Technician” or “Technician,” and to practice as a veterinary technician.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, 63-1-109, 63-1-145, 63-12-106, 63-12-123, and 63-12- 135.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.17 CHANGE OF NAME AND/OR ADDRESS

(2) Change of Address - A licensee must notify the Board of a change of address within thirty (30) days of such change. The notification must be in writing and include both the old and new addresses along with the licensee’s name, profession, and license number.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, 63-1-108, 63-12-106, and 63-12-135.
Administrative History: Original rule filed September 13, 1987; effective November 14, 1987. Repeal and new rule filed April 28, 1995; effective July 12, 1995. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-03-.19 BOARD CONSULTANTS, RECORDS AND COMPLAINTS, AND DECLARATORY

ORDERS.

(1) Board Consultants are appointed by the Board and vested with the authority to do the following acts:

(a) Review and make determinations on licensure, registration, exemption, renewal, and reactivation of licensure applications subject to the rules governing those respective applications.

(b) Serve as Consultant to the Division to decide the following:

Whether and what type disciplinary actions should be instituted upon complaints received or investigations conducted by the Division.
Whether and under what terms a complaint, case or disciplinary action might be informally settled. Any matter proposed for informal settlement must be subsequently ratified by the full Board before it will become effective.
Make determinations, subject to subsequent ratification by the full Board, on petitions for stay of Board Orders pursuant to Rule 1360-04-01-.18.
Undertake any other matters authorized by a majority vote of the Board.

(3) Records and Complaints (a) Minutes of the Board meetings and all records, documents, applications, and correspondence will be maintained in the Board’s administrative office.

(d) Complaints made against a licensee become public information only upon the filing of a notice of charges by the Department of Health.

(4) Requests for Verification of Licensure to practice in another state must be made in writing to the Board’s administrative office.

(5) Declaratory Orders - The Board adopts, as if fully set out herein, Rule 1200-10-01-.11, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Board’s administrative office.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 4-5-316, 63-1-106, 63-1-118, 63-12-104, 63-12- 105, 63-12-106, 63-12-107, 63-12-110, 63-12-129, and 63-12-135.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed October 27, 1999; effective January 10, 2000. Amendment filed August 24, 2000; effective November 7, 2000.

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-124, 63-12-128, and 63-12-135.
Administrative History: Original rule filed April 28, 1995; effective July 12, 1995. Amendment filed June 15, 1999; effective August 29, 1999. Amendment filed August 24, 2000; effective November 7, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed September 23, 2004; effective December 7, 2004. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed September 10, 2009; effective December 9, 2009.

Chapter 1730-04 General Rules Governing Certified Animal Control Agencies

Tenn. Comp. R. & Regs. 1730-04-.01 DEFINITIONS

(1) Animal Control Agency - A county or municipal animal shelter, dog pound, or a private humane society with administrative or contractual arrangements with or support of a local government agency, or a state county or municipal law enforcement agency, or any combination thereof which temporarily houses stray, unwanted, or injured animals.

(2) Applicant - An Animal Control Agency seeking certification by the Board that has submitted an official application and paid the application fee.

(3) Board - The Tennessee Board of Veterinary Medical Examiners.

(4) Certificate - Document issued to an applicant who successfully completes the certification process. The certificate takes the form of an “artistically designed” certificate as well as other versions bearing an expiration date.

(5) Certificate Holder - Any person or facility who has been lawfully issued a certificate to operate as a Certified Animal Control Agency in the State of Tennessee.

(6) Certified Animal Control Agency (C.A.C.A.) - A county or municipal animal shelter, dog pound or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, which temporarily houses stray, unwanted or injured animals pursuant to this chapter and T.C.A. § 5-1-120, and is certified by the Board of Veterinary Medical Examiners.

(7) Certified Animal Euthanasia Technician (C.A.E.T.) - A person employed by a certified animal control agency who is authorized by the Board of Veterinary Medical Examiners (BVME) to humanely euthanize domestic canine and feline animals by administering such drugs as are designated by the Board for such use.

(8) D.E.A. – United States Drug Enforcement Administration.

(9) Department - Tennessee Department of Health.

(10) Division - The Tennessee Department of Health, Division of Health Related Boards, from which the Board receives administrative support.

(11) Fee - Money, gifts, services or anything of value offered or received as compensation in return for rendering services; also the required certification fee(s).

(12) Person - Any individual, corporation, partnership, association, governmental subdivision, or public or private organization of any character, including another agency.

(13) Registrant - Any person who has been lawfully issued a certificate.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-101, 63-12-102, 63-12-103, 63-12-104, 63-12-105, 63-12- 106, 63-12-112, 63-12-121, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-04-.02 NECESSITY OF CERTIFICATION

Prior to engaging in the operation of a Certified Animal Control Agency, a facility must hold a current Tennessee certificate or a valid temporary certificate from the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, 63-12-106, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000.

Tenn. Comp. R. & Regs. 1730-04-.03 QUALIFICATIONS FOR CERTIFICATION

Entities that wish to apply to the D.E.A. for a restricted controlled substance registration certificate must be certified by the Board. To be eligible for a certificate as a Certified Animal Control Agency, an applicant must meet all of the following qualifications:

(1) Meet the definition of a Certified Animal Control Agency contained in T.C.A. § 63-12-141 and these rules.

(2) Employ at least one (1) Certified Animal Euthanasia Technician, except as provided in Rule

Tenn. Comp. R. & Regs. 1730-04-.04 PROCEDURE FOR CERTIFICATION OF AN ANIMAL CONTROL AGENCY

(1) The entity shall obtain an application from the Board’s administrative office, and respond truthfully and completely to every question or request for information.

(2) A notarized letter from a municipal or county official stating that the entity is an Animal Control Agency is required.

(3) Notarized documentation of employment of at least one (1) Certified Animal Euthanasia Technician is required, except as provided in Rule 1730-05-.02 (4) Pass an onsite inspection by the premises inspector.

(5) The entity shall submit with the application, the non-refundable application fee, inspection fee, and state regulatory fee as provided in Rule 1730-04-.05.

(6) An entity shall disclose the circumstances surrounding any of the following:

(a) Conviction of any criminal law violations of any country, state, or municipality.

(b) The denial of certification by any other state and any disciplinary action in any state.

(d) Any final or settled legal action that relates to the applicant’s professional services in any profession, or, any pending legal action that relates to the applicant’s professional services and to which the applicant is a party.

(7) Application review and certification shall be governed by Rule 1730-04-.05.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-106, 63-12-107, 63-12-124, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-04-.05 APPLICATION REVIEW, APPROVAL, DENIAL

(1) Applications for certification will be accepted throughout the year.

(2) Initial review of all applications to determine whether or not the application file is complete may be delegated to the Board’s Unit Director, provided that approval of all applications is made and ratified by the Board.

(3) If an application is incomplete when reviewed by the Board, a deficiency letter will be sent to the applicant notifying it of the deficiency.

(a) Such notification shall be sent certified mail return receipt requested from the Board’s administrative office.

(b) For an applicant that has completed the requirements for certification, all documentation must be received in the Board’s administrative office within sixty (60) days after receipt of the deficiency notification. If the requested information is not received within sixty (60) days, the file will be closed and the applicant notified.

(c) After an applicant file is closed, no further Board action will take place until a new application is received pursuant to the rules governing the applicable process, including another payment of all fees.

(4) If a completed application has been denied and ratified as such by the Board, the action shall become final and the following shall occur:

(a) A notification of the denial shall be sent by the Board’s Administrative Office by certified mail, return receipt requested, which shall contain all the specific statutory or regulatory authorities for the denial.

(b) The notification, when appropriate, shall also contain a statement of the applicant’s right to request a contested case hearing under the Tennessee Administrative Procedures Act. (T.C.A. §§ 4-5-101, et seq.) to contest the denial and the procedure necessary to accomplish that action.

An applicant has a right to a contested case hearing only if the certification denial was based on subjective or discretionary criteria.
An applicant may be granted a contested case hearing if certification denial is based upon objective, clearly defined criteria only if after review and attempted resolution by the Board’s administrative staff the certification application cannot be approved and the reasons for continued denial present genuine issues of fact and/or law which are appropriate for appeal. Such request must be made in writing to the Board within thirty (30) days of the receipt of the notice of denial from the Board.

(5) Any entity furnishing false information or omitting pertinent information in such application shall be denied certification. If the applicant has already been certified before the falseness of such information has been made known to the Board, such certification shall be subject to suspension or revocation by the Board.

(6) If the Board finds it has erred in the issuance of a certificate, the Board will give written notice by certified mail of its intent to void the certificate. The notice will allow the applicant the opportunity to meet the requirements of certification within thirty (30) days from the date of receipt of the notification.

(7) Abandonment of Application (a) An application shall be deemed abandoned and closed if the application has not been completed by the applicant within sixty (60) days after it was initially reviewed by the Board.

(b) A determination of abandonment must be ratified by the Board.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 4-5-301, 63-12-106, 63-12-107, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000.

Tenn. Comp. R. & Regs. 1730-04-.06 FEES

(1) The fees are as follows:

(a) Application Fee - A non-refundable fee to be paid by all applicants. It must be paid each time an application for certification is filed.

(b) Endorsement/Verification - Endorsement of certification to state licensure boards and government agencies will be provided at no charge on behalf of the certificate holder. A non-refundable fee is to be paid for each verification of the certificate holder to anyone other than a state licensing board or government agency.

(d) Certificate Renewal Fee - A non-refundable fee to be paid by all certificate holders.

This fee also applies to entities who reactivate a retired or administratively revoked certificate.

(e) State Regulatory Fee - To be paid by all entities at the time of application and with all renewal applications.

(f) Inspection Fee - A non-refundable fee to be paid each time an application for certification or renewal is filed.

(g) Re-inspection Fee - A non-refundable fee to be paid when the certified Animal Control Agency does not pass the initial inspection or the biennial re-inspection.

(2) All fees shall be established by the Board. Fees may be reviewed and changed at the discretion of the Board.

(3) Fee Schedule: Amount (a) Application $ 50.00 (b) Endorsement/Verification 20.00 (c) Late Renewal 80.00 (d) Renewal (biennial) 160.00 (e) State Regulatory Fee (with applications) 10.00 (f) Inspection Fee/Biennial Inspection 200.00 (g) Re-inspection Fee (follow up) 150.00 (4) All fees may be paid in person, by mail or electronically by cash, check, money order, or by credit and/or debit cards accepted by the Division of Health Related Boards. If the fees are paid by certified, personal or corporate check they must be drawn against an account in a United States Bank, and made payable to the Tennessee Board of Veterinary Medical Examiners.

History

Authority: T.C.A. §§4-3-1011, 4-5-202, 4-5-204, 63-12-106, 63-12-128, 63-12-129, 63-12-139, and 63- 12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed August 18, 2003; effective November 1, 2003.

Tenn. Comp. R. & Regs. 1730-04-.07 REQUIREMENTS FOR INSPECTION

(1) Upon receipt of a completed application packet and fees an on-site inspection will be scheduled by a premises inspector. The inspection will include the physical location where the euthanasia and/or pre-euthanasia solutions will be stored and administered, and a review of the paperwork requirements with the responsible person of the entity and/or the C.A.E.T.(s).

(a) The euthanasia room shall be enclosed and in a separate location from other animals temporarily housed on the premises.

(b) Cages, pens, and stalls are to be kept in a clean and orderly condition, in a well-lighted area, and in good repair to prevent injury to animals and to promote physical comfort.

(c) Small animals housed outside must have adequate shelter and bedding if the temperature drops below fifty degrees (50°) Fahrenheit and sufficient cooling or shade if the temperature rises above eighty-five degrees (85°) Fahrenheit.

(2) The premises inspector will provide the Board with a report of compliance or describing areas of non-compliance.

(3) If in compliance the Board will issue a compliance certificate which allows the entity to apply to the D.E.A. for a restricted controlled substance registration certificate. The D.E.A. certificate allows the C.A.C.A. to purchase, possess and use sodium pentobarbital to be administered by a C.A.E.T. employed by the entity.

(4) Inspection of C.A.C.A.’s will be conducted at least every two (2) years or as determined by the Board.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 63-12-106, 63-12-128, 63-12-129, 63-12-141, and 44-17-303.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed November 2, 2005; effective January 16, 2006. Amendment filed July 27, 2006; effective October 10, 2006.

Tenn. Comp. R. & Regs. 1730-04-.08 RENEWAL APPLICATION/REINSTATEMENT OF EXPIRED CERTIFICATE

(1) Renewal Application (a) The due date for renewal is the expiration date on the C.A.C.A.’s renewal certificate.

(b) A renewal application form will be mailed to each C.A.C.A. registered with the Board to the last address provided to the Board. Failure to receive such notification does not relieve the C.A.C.A. of the responsibility of timely meeting all requirements for renewal.

(c) To be eligible for renewal, C.A.C.A. must submit to the Division of Health Related Boards on or before the expiration date all of the following:

A completed Board renewal application form; and 2. The renewal and state regulatory fees as provided in Rule 1730-04-.06; and 3. Compliance with inspection as provided in Rule 1730-04-.07.

(d) Any entity submitting a renewal form or letter which is found to be untrue may be subjecting itself to disciplinary action as provided in Rule 1730-04-.12.

(e) Certificate holders who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their certificates processed in accordance with rule 1200-10-01-.10.

(2) Reinstatement of an Expired Certificate (a) Reinstatement of a certificate that has expired may be accomplished upon meeting the following conditions:

Payment of all past due renewal and state regulatory fees; and 2. Payment of the late renewal fee provided in Rule 1730-04-.06; and 3. Compliance with inspection.

(b) Reinstatement decisions pursuant to this rule may be made administratively or reviewed by the Board.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 63-1-107, 63-12-105, 63-12-106, 63-12-107, 63-12-121, 63-12- 124, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed September 12, 2001; effective November 26, 2001. Amendment filed June 25, 2003; effective September 8, 2003.

Tenn. Comp. R. & Regs. 1730-05-.02 (3) Pass an onsite inspection by the premises inspector.

(4) Provide a copy of the Non-Livestock Animal Humane Death Act, codified at T.C.A. §§ 44-17- 301 to -304, to each employee who will perform euthanasia, and maintain documentation of compliance with this paragraph.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 44-17-301, 44-17-302, 44-17-303, 63-1-106, 63-12-106, and 63- 12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-04-.09 RECORDKEEPING

(1) The following minimum standards shall apply to recordkeeping.

(a) Every C.A.C.A. shall keep a written report of the animals euthanized. This record shall include pertinent medical data including dates, estimated age, breed, weight, sex, amount and type of euthanasia and/or pre-euthanasia solution administered, and description of verification of death.

(b) Records shall be kept for a period of three (3) years.

(2) A separate log must be maintained for all controlled substances used by a C.A.C.A.

(3) A C.A.C.A. shall comply within ten (10) days to requests for euthanasia records, within the provisions of T.C.A. §§ 63-2-101 and 63-2-102.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 63-2-101, et seq., and 63-12-103, 63-12-106, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed July 28, 2003; effective October 11, 2003.

Tenn. Comp. R. & Regs. 1730-04-.10 CERTIFICATE

(1) Issuance - Upon the Board determining that an applicant for certification has successfully met all the requirements as set forth in T.C.A. §§ 63-12-101, et seq., and these rules, the Board shall issue the applicant a certificate to operate as a C.A.C.A. in this state.

(2) Display a Certificate - Every Animal Control Agency certified by the Board in this state shall display its certification and renewal certificate in a conspicuous place in its principal office and, whenever required, exhibit such certificate to the Board or its authorized representative.

(3) Replacement Certificate or Renewal Certificate - A C.A.C.A. whose certificate has been lost or destroyed, may be issued a replacement document upon receipt of a written request in the Board’s administrative office.

(4) Verification - Requests for verification of certification must be made in writing to the Board’s administrative office.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 63-1-109, and 63-12-103.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000.

Tenn. Comp. R. & Regs. 1730-04-.11 UNPROFESSIONAL CONDUCT

Unprofessional conduct shall include but not be limited to the following:

(1) Failing to maintain a record of each animal euthanized, and the euthanasia and/or preeuthanasia solution dosages, or failing to maintain a record of how the euthanasia and/or preeuthanasia drugs were obtained.

(2) Failing to employ a C.A.E.T. to whom euthanasia functions are delegated or assigned.

(3) Revealing without written permission knowledge obtained in a professional capacity about animals or owners. Exceptions:

(a) When said information is requested during a formal investigation by representatives of the State of Tennessee; or (b) Other law enforcement agencies; or when required to do so pursuant to any action in a court of law; or (c) When required by law to report state or federal agencies; or (d) When animals are adopted.

(4) Failing to cooperate with authorities investigating incompetent, unethical, or illegal practices of a C.A.C.A.

(5) Performing euthanasia techniques or procedures without proper education and/or certification.

(6) Engaging in acts of dishonesty which relate to the operation of a C.A.C.A.

(7) Treating or professing to treat, or issuing any pharmaceutical to any human.

(8) Any violation of T.C.A. §§ 63-12-124.

(9) Violation of the provisions of the Non-livestock Animal Humane Death Act codified at T.C.A. §§ 44-17-301, et seq.

(10) Violation of Rule 1730-04-.13 and Rule 1730-05-.14 regarding the dispensing and distribution of pharmaceuticals.

History

Authority: T.C.A. §§4-5-202, 4-5-204 44-17-303, 63-12-106, 63-12-124, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed July 28, 2003; effective October 11, 2003. Amendment filed July 27, 2006; effective October 10, 2006.

Tenn. Comp. R. & Regs. 1730-04-.12 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

SCREENING PANELS.

(1) Upon a finding by the Board that a C.A.C.A. has violated any provision of the Tennessee Veterinary Medical Practice Act (T.C.A. §§ 63-12-101, et seq.) or the rules promulgated thereto, the Board may impose any of the following actions separately or in any combination deemed appropriate to the offense:

(a) Advisory Censure - This is a written action issued to the C.A.C.A. for minor or near infractions. It is informal and advisory in nature and does not constitute a formal disciplinary action.

(b) Formal Censure or Reprimand - This is a written action issued to a C.A.C.A. for one time and less severe violations. It is a formal disciplinary action.

(c) Probation - This is a formal disciplinary action which places a C.A.C.A. on close scrutiny for a fixed period of time. This action may be combined with conditions which must be met before probation will be lifted and/or which restrict activities during the probationary period.

(d) Suspension - This is a formal disciplinary action which suspends a C.A.C.A. owner from operating for a fixed period of time. It contemplates the reinstatement of the C.A.C.A.’s certificate previously issued. When the Board suspends a certificate, the Animal Control Agency may not continue to operate in Tennessee as a Certified Animal Control Agency during the period of suspension.

(e) Conditions - Any action deemed appropriate by the Board to be required of a disciplined certificate holder in any of the following circumstances:

During any period of probation, suspension; or 2. During any period of revocation after which the certificate holder may petition for an order of compliance to reinstate the revoked certificate; or 3. As a prerequisite to the lifting of probation or suspension or as a prerequisite to the reinstatement of a revoked certificate; or 4. As a stand-alone requirement(s) in any disciplinary order.

(f) Civil penalty - A monetary disciplinary action assessed by the Board pursuant to paragraph (5) of this rule.

(g) Revocation for Cause. This is the most severe form of disciplinary action which terminates the certification previously issued. The Board, in its discretion, may allow reinstatement of a revoked certificate upon conditions and after a period of time it deems appropriate. No petition for reinstatement and no new application for certification from an entity whose certificate was revoked shall be considered prior to the expiration of at least one (1) year unless otherwise stated in the Board’s revocation order.

(2) Once ordered, probation, suspension, revocation, assessment of a civil penalty, or any other condition of any type of disciplinary action may not be lifted unless and until the certificate holder petitions, pursuant to paragraph (3) of this rule, and appears before the Board after the period of initial probation, suspension, revocation, or other conditioning has run and all conditions placed on the probation, suspension, revocation, have been met, and after any civil penalties assessed have been paid.

(3) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including an uncertified operation of an animal control agency civil penalty order, and wishes or is required to obtain an order reflecting that compliance.

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation; or 3. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reinstating a certificate previously revoked.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Board’s Administrative Office that shall contain all of the following:

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and rule 1200-10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation; or 3. An order issued reflecting that compliance and reinstating a certificate previously revoked.

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (4) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including an uncertified operation of an animal control agency civil penalty order, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq. ). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

rule the term “impossible” does not mean that compliance is inconvenient or impractical for personal, financial, scheduling or other reasons.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and rule 1200- 10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (5) Civil Penalties:

(a) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed pursuant to Tennessee Code Annotated, § 63-1-134.

(b) Schedule of Civil Penalties:

A Type A civil penalty may be imposed whenever the Board finds the entity that is required to be certified by the Board is guilty of a willful and knowing violation of the Practice Act, or regulations pursuant thereto, to such an extent that there is, or is likely to be an imminent substantial threat to the health, safety and welfare of an individual patient or the public. For purposes of this section, a type A penalty shall include, but not be limited to, an entity that willfully and knowingly is or was operating as a C.A.C.A. without a certificate from the Board.
A Type B civil penalty may be imposed whenever the Board finds the C.A.C.A. is guilty of a violation of the Veterinary Practice Act or regulations pursuant thereto in such manner as to impact directly on the care of patients or the public.
A Type C civil penalty may be imposed whenever the Board finds the C.A.C.A. required to be certified by the Board is guilty of a violation of the Veterinary Practice Act or regulations promulgated thereto, which are neither directly detrimental to patients or the public, nor directly impact their care, but have only an indirect relationship to patient care or the public.

Type A civil penalties shall be assessed in the amount of not less than $500 nor more than $1,000.
Type B civil penalties may be assessed in the amount of not less than $100 and not more than $500.
Type C civil penalties may be assessed in the amount of not less than $50 and not more than $100.

(d) Procedures for Assessing Civil Penalties:

The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and law upon which it relies in alleging a violation, the proposed amount of the civil penalty and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.
Civil Penalties may also be initiated and assessed by the Board during consideration of any Notice of Charges. In addition, the Board may, upon good cause shown, assess type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these rules the Board may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and (v) The interest of the public.

All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5.

(6) Informal Settlements - The Board consultant is authorized to enter into informal settlement agreements pursuant to Rule 1730-01-.19 under which a complaint against an entity may be closed without any disciplinary action. Any matter proposed for informal settlement must be subsequently ratified by the full board before it will become effective. Such agreement may include any terms deemed appropriate by the Board consultant including, but not limited to:

(a) Mandatory education program or course attendance;

(b) Submission of reports, records or other appropriate documentation;

(7) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-12-143.

(8) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

(a) Shall have concurrent authority with the Board and any individual appointed by the Board pursuant to Rule 1730-01-.19, to do the acts enumerated in Rule 1730-01- .19(1)(b) 1. and 2. subject to the conditions contained therein.

A Screening panel(s) comprised of two (2) or more persons shall elect a chairperson prior to convening to conduct business.
A screening panel(s) comprised of two (2) or more persons is required to conduct the informal hearings authorized in subparagraph (b) immediately below.

(b) After completion of an investigation by the Division, may upon request of either the state, or the C.A.C.A. which is the subject of an investigation with the agreement of the state, or upon request of both the C.A.C.A. and the state, conduct a non-binding informal hearing and make recommendations as a result thereof as to what, if any, terms of settlement of any potential disciplinary action are appropriate.

Neither the Rules of Civil Procedure, the Rules of Mediation and Arbitration, the Rules of Evidence, or Contested Case Procedural Rules under the Administrative Procedures Act shall apply in informal hearings before the screening panel(s).

However, Rule 31 of the Rules of the Tennessee Supreme Court may serve as general guidance as to the principles of mediation and alternative dispute resolution.

(i) Evidence may be presented or received in any manner and in whatever order agreed upon by the parties.

(ii) Prior to convening the panel and in the absence of an agreement of the parties, the screening panel chairperson shall determine the manner and order of presentation of evidence.

Neither the state nor a C.A.C.A. which is the subject of an investigation being considered by a screening panel can be compelled to participate in any informal hearing.
Proposed settlements reached as a result of any informal hearing will not become binding and final unless they are:

(i) Approved by a majority of the members of the screening panel which issued them; and (ii) Agreed to by both the Department of Health, by and through its attorney(s), and the C.A.C.A.; and (iii) Subsequently presented to and ratified by the Board.

(9) Reconsiderations and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-124, 63-12-128, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed August 24, 2000; effective November 7, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed September 23, 2004; effective December 7, 2004. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed September 10, 2009; effective December 9, 2009.

Tenn. Comp. R. & Regs. 1730-04-.13 DISPENSING, OR OTHERWISE DISTRIBUTING PHARMACEUTICALS

(1) All Federal Regulations for the use of controlled substances must be followed including storage and recordkeeping.

(2) A record of all euthanasia and pre-euthanasia solutions administered shall be kept.

(3) The only drugs approved by the Board for the euthanasia of animals by a licensed veterinarian, a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or a certified animal euthanasia technician in a certified animal control agency shall be sodium pentobarbital and all commercially available F.D.A. approved euthanasia agents containing sodium pentobarbital. The only drugs approved by the Board for the pre-euthanasia of animals by a certified animal euthanasia technician in a certified animal control agency shall be acepromazine and xylazine.

History

Authority: T.C.A. §§4-5-202, 4-5-204, 44-17-303, 63-12-106 and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed July 28, 2003; effective October 11, 2003. Amendment filed July 27, 2006; effective October 10, 2006.

Chapter 1730-05 General Rules Governing Certified Animal Euthanasia Technicians

Tenn. Comp. R. & Regs. 1730-05-.01 DEFINITIONS

(2) Applicant - An Animal Euthanasia Technician seeking certification by the Board that has submitted an official application and paid the application fee.

(3) Board - The Tennessee Board of Veterinary Medical Examiners.

(5) Certificate Holder - Any person who has been lawfully issued a certificate to practice as a Certified Animal Euthanasia Technician in the State of Tennessee.

(7) Certified Animal Euthanasia Technician (C.A.E.T.) - A person employed by a certified animal control agency who is authorized by the Board of Veterinary Medical Examiners (BVME) to humanely euthanize animals by administering sodium pentobarbital and the drugs referred to in Rules 1730-04-.13 and Rule 1730-05-.14 which have been approved by the BVME for the euthanasia and pre-euthanasia of animals in a certified animal control agency.

(8) D.E.A. - United States Drug Enforcement Administration.

(9) Department - Tennessee Department of Health.

(10) Division - The Tennessee Department of Health, Division of Health Related Boards, from which the Board receives administrative support.

(11) Fee - Money, gifts, services or anything of value offered or received as compensation in return for rendering services; also the required certification fee(s).

(12) Person - Any individual, corporation, partnership, association subdivision, or public or private organization of any character, including another agency.

(13) Registrant - Any person who has been lawfully issued a certificate.

(14) Tennessee Veterinarian Medical Technician - For purposes of these rules, a veterinary medical technician licensed by the Board of Veterinary Medical Examiners.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 44-17-303, 63-12-102, 63-12-103, 63-12-106 and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed July 28, 2003; effective October 11, 2003. Amendment filed July 27, 2006; effective October 10, 2006. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-05-.02 NECESSITY OF CERTIFICATION

(1) Prior to engaging in practice as a Certified Animal Euthanasia Technician in a Certified Animal Control Agency, a person must hold a current Tennessee certificate or valid temporary certificate from the Board.

(2) Licensed veterinarians and licensed veterinary technicians employed by and functioning under the direct supervision of a licensed veterinarian performing euthanasia of animals in a Certified Animal Control Agency are exempt from certification as Certified Animal Euthanasia Technicians.

(3) With regard to those individuals performing euthanasia in a public or private agency, animal shelter or other facility operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals and who meet the following criteria, certification as a certified animal euthanasia technician is not required:

(a) If the individual passed a Board-approved euthanasia-technician certification course and performed euthanasia prior to July 1, 2001; and (b) If the individual is an employee or agent of a public or private agency, animal shelter or other facility operated for the collection, care and/or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals or is a Tennessee veterinarian medical technician.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 44-17-301, et seq., 63-1-106, 63-12-106, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed July 28, 2003; effective October 11, 2003.

Tenn. Comp. R. & Regs. 1730-05-.03 QUALIFICATIONS FOR CERTIFICATION

Persons that wish to practice as a Certified Animal Euthanasia Technician must meet all of the following qualifications:

(1) Meet the definition of a Certified Animal Euthanasia Technician;

(2) Possess a certificate of completion, obtained within the previous twelve (12) months, from a course on euthanasia which has been approved by the Board. The course must include, but is not limited to, the following:

(a) Theory and History - The theory and history of euthanasia methods.

(b) Anatomy - Animal anatomy including landmarks commonly used for the restraint of animals and the administration of injectable euthanasia solution.

(c) Restraint and Handling - Proper animal handling to ease trauma and stress to the animal and reduce the likelihood injury to the handler.

(d) Euthanasia Methods - Proper methods of humanely euthanizing injured, sick, homeless or unwanted animals. This must include participation in the performance of proper euthanasia of an animal by each student.

(e) Dosages - Dosages of chemical agents.

(f) Injection - Proper injection techniques.

(g) Verification of Death.

(h) Disposal - Proper and lawful disposal of euthanized animals.

(i) Record Keeping - Documentation of usage, storage, handling and disposal of outdates in accordance with applicable laws and regulations.

(j) Security - Maintaining proper security precautions for all controlled substances and drugs.

(k) Stress Management - Dealing with the psychological stress of animal euthanasia.

History

Authority: T.C.A. §§ 63-12-106, 63-12-135, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendments filed October 17, 2025; effective January 15, 2026.

Tenn. Comp. R. & Regs. 1730-05-.04 PROCEDURES FOR CERTIFICATION

(1) The person shall obtain an application from the Board’s Administrative Office, and respond truthfully and completely to every question or request for information.

(2) The applicant shall submit with the application, the non-refundable application fee, and state regulatory fee as provided in Rule 1730-05-.06; and (3) A passport size picture which is signed by the applicant; and (4) A certified copy of the certificate of completion, or an original certificate sent directly from the course provider to the Board’s Administrative Office, showing completion of a Board approved course on animal euthanasia.

(5) An applicant shall disclose the circumstances surrounding any of the following:

(a) Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations.

(b) The denial of certification by any other state and any disciplinary action in any state.

(6) An applicant shall cause to be submitted to the Board’s administrative office directly from the vendor identified in the Board’s certification application materials, the result of a criminal background check.

(7) Application review and certification shall be governed by Rule 1730-05-.05.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-12-106, 63-12-107, 63-12-124, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed March 14, 2006; effective May 28, 2006. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-05-.05 APPLICATION REVIEW, APPROVAL, DENIAL

(1) Applications for certification will be accepted throughout the year.

(2) Initial review of all applications to determine whether or not the application file is complete may be delegated to the Board’s Unit Director, provided that final approval of all applications is made and ratified by the Board.

(3) If an application is incomplete when reviewed by the Board, a deficiency letter will be sent to the applicant notifying him of the deficiency.

(a) Such notification shall be sent certified mail return receipt requested from the Board’s administrative office.

(b) For an applicant who has completed the requirements for certification, all documentation must be received in the Board’s administrative office within sixty (60) days after receipt of the deficiency notification. If the requested information is not received within sixty (60) days, the file will be closed and the applicant notified.

(4) If a completed application has been denied and ratified as such by the Board, the action shall become final and the following shall occur:

(a) A notification of the denial shall be sent by the Board’s Administrative Office by certified mail, return receipt requested which shall contain all the specific statutory or regulatory authorities for the denial.

An applicant has a right to a contested case hearing only if the certification denial was based on subjective or discretionary criteria.
An applicant may be granted a contested case hearing if certification denial is based upon objective, clearly defined criteria only if after review and attempted resolution by the Board’s administrative staff the certificate application cannot be approved and the reasons for continued denial present genuine issues of fact and/or law which are appropriate for appeal. Such request must be made in writing to the Board within thirty (30) days of the receipt of the notice of denial from the Board.

(5) Any person furnishing false information or omitting pertinent information in such application shall be denied certification. If the applicant has already been certified before the falseness or omission of such information has been made known to the Board, such certification shall be subject to suspension or revocation by the Board.

(b) A determination of abandonment must be ratified by the Board.

(8) Applicants, who by virtue of any criteria for licensure in the areas of mental, physical, moral or educational capabilities, as contained in the application and review process which indicates derogatory information or a potential risk to the public health, safety and welfare, may be required to present themselves to the Board, a Board member, or the Board Designee for an interview before final licensure may be granted. The interviews, which may be required, are considered part of the licensure process.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-12-106, 63-12-107, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-05-.06 FEES

(1) The fees are as follows:

(a) Application Fee - A non-refundable fee to be paid by all applicants. It must be paid each time an application for certification is filed.

(d) Certificate Renewal Fee - A non-refundable fee to be paid by all certificate holders.

This fee also applies to individuals who reactivate a retired or administratively revoked certificate.

(e) Replacement Certificate Fee - A non-refundable fee to be paid when an individual requests a replacement for a lost or destroyed “artistically designed” certificate or renewal certificate.

(f) State Regulatory Fee - To be paid by all individuals at the time of application and with all renewal applications.

(2) All fees shall be established by the Board. Fees may be reviewed and changed at the discretion of the Board.

(3) Fee Schedule: Amount (a) Application $ 50.00 (b) Endorsement/Verification $ 20.00 (c) Late Renewal $ 25.00 (d) Renewal (biennial) $100.00 (e) Replacement Certificate Fee $ 25.00 (f) State Regulatory Fee (with applications) $ 10.00 (4) All fees may be paid in person, by mail or electronically by cash, check, money order, or by credit and/or debit cards accepted by the Division of Health Related Boards. If the fees are paid by certified, personal or corporate check they must be drawn against an account in a United States Bank, and made payable to the Tennessee Board of Veterinary Medical Examiners.

History

Authority: T.C.A. §§ 4-3-1011, 4-5-202, 4-5-204, 63-1-106, 63-12-106, 63-12-123, 63-12-128, 63-12- 129, 63-12-139, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed August 18, 2003; effective November 1, 2003. Amendment filed March 14, 2006; effective May 28, 2006.

Tenn. Comp. R. & Regs. 1730-05-.07 RESERVED

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, and 63-12-101, et seq.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000.

Tenn. Comp. R. & Regs. 1730-05-.08 RENEWAL APPLICATION AND REINSTATEMENT/REACTIVATION OF EXPIRED OR

RETIRED CERTIFICATE.

(1) Renewal Application (a) The due date for certificate renewal is the last day of the month of the certification period pursuant to the Division’s biennial renewal system.

(b) Methods of Renewal 1. Internet Renewals - Individuals may apply for renewal and pay the necessary fees via the Internet. The application to renew can be accessed at: https://apps.tn.gov/hlrs/ 2. Paper Renewals - For individuals who have not renewed their certificate online via the Internet, a renewal application form will be mailed to each individual certified by the Board to the last address provided to the Board. Failure to receive such notification does not relieve the certificate holder from the responsibility of meeting all requirements for renewal.

(c) To be eligible for renewal, an individual must submit to the Division of Health Related Boards on or before the expiration date all of the following:

A completed Board renewal application form; and 2. The renewal and state regulatory fees as provided in Rule 1730-05-.06.

(d) Anyone submitting a renewal form or letter which is found to be untrue may be subjecting himself to disciplinary action as provided in Rule 1730-05-.12.

(2) Reinstatement of an Expired Certificate (a) Reinstatement of a certificate that has expired may be accomplished upon meeting the following conditions:

Payment of required past due renewal and state regulatory fees; and 2. Payment of the late renewal fee provided in Rule 1730-05-.06.
Submit evidence of completion of a C.A.E.T. certification course pursuant to Rule 1730-05-.03(2) for any certification expired beyond one (1) year.

(b) Reinstatement decisions pursuant to this rule may be made administratively or reviewed by the Board.

(3) Retirement (a) C.A.E.T.s who wish to retire their certificate must complete and return to the Board’s administrative office an Affidavit of Retirement form indicating one (1) of the following:

Permanent retirement of the certificate to practice as a C.A.E.T.
Retirement of the Tennessee certificate to practice as a C.A.E.T. in another state.
Retirement of the Tennessee certificate to practice as a C.A.E.T. in order to seek other types of employment.

(b) When a certificate holder who has retired a Tennessee certificate to practice as a C.A.E.T. in another state wishes to reactivate the Tennessee certificate, said certificate holder must show evidence of the following:

Evidence of good standing where the retiree holds a certificate.
Evidence of practice for an average of ten (10) hours per week in another state during the period.

(c) C.A.E.T.s who have failed to engage in practice in another state an average of ten (10) hours per month during the retirement period must submit completion of a full certification course pursuant to Rule 1730-05-.03(2) prior to reactivation of the certificate.

(d) If reactivation was requested prior to the expiration of one (1) year from the date of retirement, the Board shall require payment of the late renewal fee, the past due renewal fee, and the state regulatory fee as provided in Rule 1730-05-.06.

(e) Certification reactivation applications shall be treated as certification applications and review and decisions required by this rule shall be governed by Rule 1730-05-.05.

History

Authority: T.C.A. §§ 63-1-107, 63-1-111, 63-12-106, 63-12-121, 63-12-135, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed June 24, 2004; effective September 7, 2004. Amendment filed November 2, 2005; effective January 16, 2006. Amendments filed October 17, 2025; effective January 15, 2026.

Tenn. Comp. R. & Regs. 1730-05-.09 BOARD CONSULTANTS, RECORDS AND COMPLAINTS, AND DECLARATORY

ORDERS.

(1) Board Consultants are appointed by the Board and vested with the authority to do the following acts:

(a) Review and make determinations on certification, exemption, renewal, and reactivation of certification applications subject to the rules governing those respective applications.

(b) Serve as Consultant to the Division to decide the following:

Whether and what type disciplinary actions should be instituted upon complaints received or investigations conducted by the Division.
Whether and under what terms a complaint, case or disciplinary action might be informally settled. Any matter proposed for informal settlement must be subsequently ratified by the full Board before it will become effective.
Make determinations, subject to subsequent ratification by the full Board, on petitions for stay of Board Orders pursuant to Rule 1360-04-01-.18.
Undertake any other matters authorized by a majority vote of the Board.

(3) Records and Complaints (a) Minutes of the Board meetings and all records, documents, applications, and correspondence will be maintained in the Board’s administrative office.

(d) Complaints made against a certificate holder become public information only upon the filing of a notice of charges by the Department of Health.

(4) Requests for verification of certification to practice in another state must be made in writing to the Board’s administrative office.

(5) Declaratory Orders - The Board adopts, as if fully set herein, Rule 1200-10-01-.11, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained form the Board’s administrative office.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-223, 4-5-224, 63-12-105, 63-12-106, and 63-12-107.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed August 24, 2000; effective November 7, 2000.

Tenn. Comp. R. & Regs. 1730-05-.10 CERTIFICATE

(1) Issuance - Upon the Board determining that an applicant for certification has successfully met all the requirements as set forth in T.C.A. §§ 63-12-101, et seq. and these rules the Board shall issue the applicant a certificate to practice as a C.A.E.T.

(2) Display of Certificate - Every person certified by the Board in this state shall display his certificate and renewal certificate in a conspicuous place in his principal office and, whenever required, exhibit such certificates to the Board or its authorized representative.

(3) Replacement Certificate or Renewal Certificate - A certificate holder whose “artistically designed” certificate has been lost or destroyed may be issued a replacement document upon receipt of a written request in the Board’s administrative office.

(4) Verification - Requests for certification must be made in writing to the Board’s administrative office.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, and 63-12-123.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000.

Tenn. Comp. R. & Regs. 1730-05-.11 UNPROFESSIONAL CONDUCT

Acts prohibited to be performed by C.A.E.T.s shall include, but not be limited to, the following:

(1) Being under the influence of alcoholic beverages, or under the influence of drugs which impair judgment while on duty at any C.A.C.A., institution, or other work place location.

(2) Practicing as a C.A.E.T. in this state on an expired, retired, suspended, or revoked certificate.

(3) Failing to cooperate with authorities investigating incompetent, unethical or illegal practice of another C.A.E.T.

(4) Engaging in acts of dishonesty which relate to the practice as a C.A.E.T.

(5) Any violation of T.C.A. § 63-12-124.

(6) Violation of the provisions of the Non-Livestock Animal Humane Death Act codified at T.C.A. §§ 44-17-301, et seq.

(7) Violation of Rule 1730-04-.13 and Rule 1730-05-.14 regarding the dispensing and distribution of pharmaceuticals.

(8) Violation of any lawful order of the Board.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 44-17-301, et seq., 63-12-102, 63-12-103, 63-12-106, 63-12-119, 63-12-124, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed July 28, 2003; effective October 11, 2003. Amendment filed May 26, 2004; effective August 9, 2004. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-05-.12 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

SCREENING PANELS.

(1) Upon a finding by the Board that C.A.E.T. has violated any provision of the Tennessee Veterinary Medical Practice Act (T.C.A. §§ 63-12-101, et seq.) or the rules promulgated thereto, the Board may impose any of the following actions separately or in any combination deemed appropriate to the offense:

(a) Advisory Censure - This is a written action issued to the C.A.E.T. for minor or near infractions. It is informal and advisory in nature and does not constitute a formal disciplinary action.

(b) Formal Censure or Reprimand - This is a written action issued to a C.A.E.T. for one time and less severe violations. It is a formal disciplinary action.

(c) Probation - This is a formal disciplinary action which places C.A.E.T. on close scrutiny for a fixed period of time. This action may be combined with conditions which must be met before probation will be lifted and/or which restrict the individual’s activities during the probationary period.

(d) Certificate Suspension - This is a formal disciplinary action which suspends an individual’s right to practice for a fixed period of time. It contemplates the reinstatement of the individual’s certificate. When the Board suspends a certificate, the person may not practice as a C.A.E.T. during the period of suspension and is also prohibited from providing direct assistance to another C.A.E.T. in the euthanasia of any animal.

(e) Conditions - Any action deemed appropriate by the Board to be required of a disciplined certificate holder in any of the following circumstances:

During any period of probation, suspension; or 2. During any period of revocation after which the certificate holder may petition for an order of compliance to reinstate the revoked certificate; or 3. As a prerequisite to the lifting of probation or suspension or as a prerequisite to the reinstatement of a revoked certificate; or 4. As a stand-alone requirement(s) in any disciplinary order.

(f) Civil Penalty - A monetary disciplinary action assessed by the Board pursuant to paragraph (5) of this rule.

(g) Revocation for Cause. This the most severe form of disciplinary action which removes an individual from the practice of the profession and terminates the certification previously issued. The Board, in its discretion, may allow reinstatement of a revoked certificate upon conditions and after a period a time it deems appropriate. No petition for reinstatement and no new application for certification from a person whose certificate was revoked shall be considered prior to the expiration of at least one (1) year unless otherwise stated in the Board’s revocation order.

(3) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including an uncertified practice civil penalty order, and wishes or is required to obtain an order reflecting that compliance.

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation; or 3. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reinstating a certificate previously revoked.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Board’s Administrative Office that shall contain all of the following:

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200-10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation; or 3. An order issued reflecting that compliance and reinstating a certificate previously revoked.

Respectfully submitted this the day of , 20 .

Petitioner’s Signature (4) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including an uncertified practice civil penalty order, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200- 10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

Respectfully submitted this the day of , 20 .

(b) Schedule of Civil Penalties 1. A Type A civil penalty may be imposed whenever the Board finds the person who is required to be certified by the Board is guilty of a willful and knowing violation of the Veterinary Practice Act, or regulations pursuant thereto, to such an extent that there is, or likely to be an imminent substantial threat to the health, safety, and welfare of an individual client or the public. For purposes of this section, a Type A penalty shall include, but not be limited to, a person who willfully and knowingly is or was practicing as a C.A.E.T. without a certificate from the Board.

A Type B civil penalty may be imposed whenever the Board finds the person required to be certified by the Board is guilty of a violation of the Veterinary Practice Act or regulations pursuant thereto in such manner as to impact directly on the care of clients or the public.
A Type C civil penalty may be imposed whenever the Board finds the person required to be certified by the Board is guilty of a violation of the Veterinary Practice Act or regulations promulgated thereto, which are neither directly detrimental to clients or the public, nor directly impact their care, but have only an indirect relationship to client care or the public.

(c) Amount of Civil Penalties 1. Type A civil penalties shall be assessed in the amount of not less than $500 nor more than $1,000.

Type B civil penalties may be assessed in the amount of not less than $100 and not more than $500.
Type C civil penalties may be assessed in the amount of not less than $50 and not more than $100.

(d) Procedures for Assessing Civil Penalties 1. The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and law upon which it relies in alleging a violation, the proposed amount of the civil penalty and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.

Civil penalties may also be initiated and assessed by the Board during consideration of any Notice of Charges. In addition, the Board may, upon good cause shown, assess type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these rules the Board may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and, (v) The interest of the public.

All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of T.C.A. Title 4, Chapter 5.

(6) Informal Settlements - The Board consultant is authorized to enter into informal settlement agreements under which a complaint against an individual may be closed without any disciplinary action. Any matter proposed for informal settlement must be subsequently ratified by the full Board before it will become effective. Such agreement may include any terms deemed appropriate by the Board consultant including, but not limited to:

(a) Mandatory education program or course attendance;

(b) Submission of reports, records or other appropriate documentation;

(7) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-12-143.

(8) Screening Panels - Any screening panel(s) established pursuant to T.C.A. § 63-1-138:

(a) Shall have concurrent authority with the Board and any individual appointed by the Board pursuant to Rule 1730-05-.09, to do the acts enumerated in Rule 1730-05- .09(1)(b)1. and 2. subject to the conditions contained therein.

A screening panel(s) comprised of two (2) or more persons shall elect a chairperson prior to convening to conduct business.
A screening panel(s) comprised of two (2) or more persons is required to conduct the informal hearings authorized in subparagraph (b) immediately below.

(b) After completion of an investigation by the Division, may upon request of either the state, or the C.A.E.T. who is the subject of an investigation with the agreement of the state, or upon request of both the C.A.E.T. and the state, conduct a non-binding informal hearing and make recommendations as a result thereof as to what, if any, terms of settlement of any potential disciplinary action are appropriate.

Neither the Rules of Civil Procedure, the Rules of Mediation and Arbitration, the Rules of Evidence, or Contested Case Procedural Rules under the Administrative Procedures Act shall apply in informal hearings before the screening panel(s). However, Rule 31 of the Rules of the Tennessee Supreme Court may serve as general guidance as to the principles of mediation and alternative dispute resolution.

(i) Evidence may be presented or received in any manner and in whatever order agreed upon by the parties.

(ii) Prior to convening the panel and in the absence of an agreement of the parties, the screening panel chairperson shall determine the manner and order of presentation of evidence.

Neither the state nor a C.A.E.T. who is the subject of an investigation being considered by a screening panel can be compelled to participate in any informal hearing.
Proposed settlements reached as a result of any informal hearing will not become binding and final unless they are:

(i) Approved by a majority of the members of the screening panel which issued them; and (ii) Agreed to by both the Department of Health, by and through its attorney(s), and the C.A.E.T.; and (iii) Subsequently presented to and ratified by the Board.

(9) Reconsiderations and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule

Tenn. Comp. R. & Regs. 1730-05-.13 CHANGE OF NAME AND/OR ADDRESS

(1) Change of Name - An individual registered with the Board must notify the Board in writing within thirty (30) days of a name change. The notice must provide both the old and new names and must reference the individual’s profession, board, and certificate number.

(2) Change of Address - A licensee or certificate holder must notify the Board of a change of address within thirty (30) days of such change. The notification must be in writing and include both the old and new addresses along with the licensee’s name, profession, and license or certificate number.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, 63-1-108, 63-12-106, 63-12-124, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-05-.14 DISPENSING, OR OTHERWISE DISTRIBUTING PHARMACEUTICALS

(1) All Federal Regulations for the use of controlled substances must be followed including storage and recordkeeping.

(2) A record of all euthanasia and pre-euthanasia solutions administered shall be kept.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 44-17-303, 63-12-106, and 63-12-141.
Administrative History: Original rule filed July 28, 2003; effective October 11, 2003. Amendment filed July 27, 2006; effective October 10, 2006.

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-12-105, 63-12-106, 63-12-124, 63-12-128, and 63-12-141.
Administrative History: Original rule filed December 21, 1999; effective March 5, 2000. Amendment filed August 24, 2000; effective November 7, 2000. Amendment filed June 25, 2003; effective September 8, 2003. Amendment filed September 23, 2004; effective December 7, 2004. Amendment filed July 18, 2007; effective October 1, 2007. Amendment filed September 10, 2009; effective December 9, 2009.

Chapter 1730-06 Chemical Capture

Tenn. Comp. R. & Regs. 1730-06-.01 PURPOSE

The rules in this chapter implement the program for the chemical capture of a dog or a cat.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.02 DEFINITIONS

The following definitions are applicable to this chapter:

(1) “Animal” means a dog or a cat;

(2) “Certified Governmental Animal Control Agency” means a state, county, or municipal animal shelter, or dog pound, which temporarily houses stray, unwanted, or injured animals;

(3) “Animal Chemical Capture Technician” means an individual employed by a certified governmental animal control agency who is certified by the Board to perform the chemical capture of dogs or cats;

(4) “Board” means the Tennessee Board of Veterinary Medical Examiners;

(5) “Certificate Holder” means a person who holds a current, unexpired certificate to perform chemical capture as a certified governmental animal control agency or animal chemical capture technician;

(6) “Chemical Capture” shall have the same meaning as set forth in T.C.A. §§44-17-601 and 63- 12-144, which provides that chemical capture is the capture of a dog or cat by means of sedation using approved drugs and appropriate drug administering equipment by a certified governmental animal control agency;

(7) “Direct Supervision” means the in-person, on-site supervision of a veterinary technician or animal chemical capture technician by a licensed veterinarian;

(8) “Person” means individual, corporation, partnership, association, or organization;

CHEMICAL CAPTURE 1730-06

(9) “Protocol” means written statement prepared by a licensed veterinarian and maintained by the certified governmental animal control agency establishing the procedures for performing chemical capture;

(10) “Veterinarian” shall have the same meaning as set forth in T.C.A. §63-12-103(15);

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.03 APPLICATION REQUIREMENTS

(1) Agency Application.

(a) A certified governmental animal control agency with a valid premises permit issued by the Board that applies for a certificate to perform chemical capture shall submit the following to the Board office:

a completed application to perform chemical capture;
the required initial certification fee;
a written protocol to be approved by the Board; and 4. proof of employment of a full-time licensed veterinarian on staff at the agency.

(2) Animal Chemical Capture Technician Application.

(a) An applicant for a certificate to perform chemical capture as an animal chemical capture technician shall submit the following to the Board office:

a completed application;
a passport size picture that is signed by the applicant;
the required application fee and initial certification fee;
results of a criminal background check to be sent from the vendor directly to the Board office;
proof of having successfully completed initial marksmanship training for use of the tranquilizer gun in chemical capture taught by an instructor skilled in using the tranquilizer gun; and 6. proof of having successfully completed a sixteen (16) hour chemical immobilization certification course within twenty-four (24) months of applying for certification. The chemical immobilization certification course must be approved by the Board as provided in T.C.A. § 63-12-144(b) and cannot have been taken before April 10, 2008.

(3) If an applicant does not complete the application process within sixty (60) days after the Board office receives the application because the application lacks the required information CHEMICAL CAPTURE 1730-06 or fails to meet the prerequisites for certification, then the application will be closed, the application fee will not be refunded, and the applicant shall reapply for certification.

(4) Any application submitted may be withdrawn; provided, however, that the application fee will not be refunded.

(5) The Board may designate one (1) Board member or the Board administrator to review applications for initial certification provided that the final approval for certification is made and ratified by the Board.

(6) Applicants, who by virtue of any criteria for licensure in the areas of mental, physical, moral or educational capabilities, as contained in the application and review process which indicates derogatory information or a potential risk to the public health, safety and welfare, may be required to present themselves to the Board, a Board member, or the Board Designee for an interview before final licensure may be granted. The interviews, which may be required, are considered part of the licensure process.

History

Authority: Chapter 805 of the Public Acts of 2008, §§ 2 and 3, and T.C.A. §§ 44-17-601, 63-12-106, and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009. Amendment filed May 23, 2014; effective August 21, 2014.

Tenn. Comp. R. & Regs. 1730-06-.04 RENEWAL AND REINSTATEMENT

(1) A certificate issued to a certified governmental animal control agency or animal chemical capture technician to perform chemical capture pursuant to this chapter shall expire two (2) years from the date of its issuance and shall become invalid on such date unless renewed.

(2) Agency Renewal.

(a) A certified governmental animal control agency may renew a current, valid certificate prior to its expiration date by submitting a renewal application form approved by the Board, the required renewal fee, a written protocol, proof of having a current and valid premises permit, and any other information required by the Board for renewal.

(3) Technician Renewal.

(a) A certified animal chemical capture technician may renew a current, valid certificate prior to its expiration date by submitting a renewal application form approved by the Board, the required renewal fee, proof of quarterly recertification in marksmanship training to ensure target accuracy and proper loading and discharging of the tranquilizer gun, and any other information required by the Board for renewal.

(4) Late Renewal.

(a) Certificate holders may renew a certificate to perform chemical capture within thirty (30) days after the license expiration date with payment of the renewal fee and late renewal fee.

(b) An individual seeking to renew an animal chemical capture technician certificate after the thirty (30) day grace period following the certificate expiration date but not longer than one (1) year after the certificate expiration date, may apply for reinstatement by meeting the following conditions:

completing a renewal application form;

CHEMICAL CAPTURE 1730-06

paying all past due renewal fees;
paying a late fee as provided in rule 1730-06-.06(10);
submitting proof of having completed quarterly recertification in marksmanship training to ensure target accuracy with proper loading and discharging of the tranquilizer gun;
meeting all of the requirements contained in subparagraph (3)(a) contained of this rule.

(c) An individual seeking to renew an animal chemical capture technician certificate when the individual’s certificate has been expired for more than one (1) year, shall reapply for certification.

(d) A person seeking to renew a certified governmental animal control agency certificate, after the thirty (30) day grace period following the certificate expiration, shall reapply for certification.

(e) A fee submitted by mail to the Board office for purposes of renewal will be deemed to have been submitted on the date received by the Board office.

(5) Board staff, a Board member or the Board’s designee may review renewal applications and accompanying documentation to ensure that a certificate holder has met the prerequisites to renewal.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.05 RETIREMENT

(1) A person who holds a current, active certificate to perform chemical capture as a certified governmental animal control agency or a certified animal chemical capture technician, but does not intend to perform chemical capture, may apply to convert an active certificate to inactive or retired status.

(2) A person who holds an active certificate to perform chemical capture as a certified governmental animal control agency or a certified animal chemical capture technician, may apply for retired status by submitting a completed affidavit of retirement form requesting that the certificate be placed in retired status and attesting that the certificate holder will not perform chemical capture or in any way indicate or imply the holding of an active Tennessee certificate and will not use any words, letters, titles or figures that indicate the holding of an active certificate.

(3) A person who holds a certificate to perform chemical capture as a certified governmental animal control agency or a certified animal chemical capture technician that has been retired for one (1) year or less may apply to reactivate the certificate as follows:

(a) submitting a written request to the Board office requesting certificate reactivation;

(b) paying certificate renewal fee; and CHEMICAL CAPTURE 1730-06 (c) submitting proof of recertification in marksmanship training.

(4) A person who holds a certificate to perform chemical capture as a certified governmental animal control agency or a certified animal chemical capture technician that has been retired for more than one (1) year may apply to reactivate the certificate as follows:

(a) submitting a written request to the Board office requesting certificate reactivation;

(b) paying certificate renewal fee;

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.06 FEES

(1) Application fee (nonrefundable)...... .................................. $50.00 (2) Endorsement/Verification fee............ ................................ $20.00 (3) Initial certification fee (technician)...... .............................. $100.00 (4) Renewal fee (technician) ............. ............... ................ $100.00 (5) Initial certification fee (agency). ...... ................................ $200.00 (6) Renewal fee (agency)................................. .................. $200.00 (7) State regulatory fee........................ ................................ $10.00 (8) Course approval fee................................. ..................... $20.00 (9) Replacement certificate fee.............................................. $25.00 (10) Late renewal fee............................................................ $80.00

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.07 CIVIL PENALTIES

(1) The Board may, in a lawful proceeding respecting licensing (as defined in the Uniform Administrative Procedures Act), in addition to or in lieu of any other lawful disciplinary action, assess civil penalties for violations of statutes, rules or orders enforceable by the board in accordance with the following schedule:

Violation Penalty CHEMICAL CAPTURE 1730-06 T.C.A. §44-17-601(b), (c), and (d) $0-$1,000 T.C.A. §63-12-144 (c) and (d) $0-$1,000

Rule 1730-06-.09 $0-$1,000

Rule 1730-06-.10 $0-$1,000

Rule 1730-06-.11 $0-$1,000 Board order $0-$1,000 (2) Each day of continued violation may constitute a separate violation.

(3) In determining the amount of any penalty to be assessed pursuant to this rule, the Board may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(d) The economic benefits gained by the violator as a result of noncompliance;

(e) The interest of the public; and (f) Willfulness of the violation.

(4) Each violation of any statute, rule or order enforceable by the Board shall constitute a separate and distinct offense and render the person committing the offense subject to a separate civil penalty for each violation.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601, 63-01-134, and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.08 QUALIFYING EDUCATION

(1) Course approval requirements.

(a) Any person seeking to conduct an approved course for animal chemical capture technicians shall make application and submit to the Board any documents, statements, and forms as the Board may require. All courses shall be approved by the Board before they are offered. The complete application shall be submitted to the Board office no later than thirty (30) days prior to the scheduled date of the course. At a minimum, a person seeking approval to conduct a course for qualifying education shall provide:

Name and address of the provider;
Contact person with an address, telephone number, fax number, and email address;
The physical location of the courses or programs;
The number and type of education credit hours requested for each course;

CHEMICAL CAPTURE 1730-06

Topic outlines, which list the summarized topics covered in each course, and upon request, a copy of any course materials;
If a prior approved course has substantially changed, a summarization of the changes; and 7. The names and qualifications of each instructor.

(b) Required topics include, but are not limited to:

Pharmacology;
Proper administration;
Recordkeeping;
Chemical capture technology;
Animal behavior;
Post-immobilization procedures;
Proper public and personnel safety; and 8. Marksmanship training.

(c) The Board may withhold or withdraw approval of any course based on the course provider’s violation of or failure to comply with any provision of this rule. Such withholding or withdrawal conveys no right to a contested case proceeding pursuant to the Uniform Administrative Procedures Act compiled at T.C.A. Title 4, Chapter 5.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144(b) [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.09 PROTOCOLS

(1) The licensed veterinarian for the certified governmental animal control agency shall develop, implement, and maintain a written protocol for chemical capture by the agency which shall include, at a minimum, developing procedures for the following:

(a) the storage and administration of drugs used for chemical capture;

(b) the storage and administration of controlled substances used for chemical capture in accordance with federal laws and regulations;

(d) the storage, use, and maintenance of the equipment used to perform chemical capture;

(e) the disposal of the dart, syringe, or other disposable instruments or disposable equipment used in the chemical capture of the animal;

CHEMICAL CAPTURE 1730-06

(f) the care of the captured animal, including but not limited to procedures for removing the dart from the captured animal and providing first aid care to the dart wound;

(g) the appropriate care of the animal immediately upon capture;

(h) the transportation of the animal from the location of the chemical capture to a place where the animal can be provided with appropriate veterinary care;

(i) establishing the supervisory structure within the agency about who has decisionmaking authority to perform chemical capture on an animal;

(j) obtaining approval from supervising veterinarian or director at the certified governmental animal control agency to perform chemical capture of an animal;

(k) establishing criteria used to determine if chemical capture should be performed;

(l) documenting for each animal when and how other methods of capture have failed resulting in the chemical capture of the animal;

(m) documenting the condition of the animal before and after the chemical capture is performed;

(n) ensuring that the individuals performing the chemical capture use protective safety equipment;

(o) ensuring the safety of the public;

(p) using field emergency kits; and (q) the recovery of the animal.

(2) The licensed veterinarian at the certified governmental animal control agency shall ensure that all licensed veterinary technicians and certified animal chemical capture technicians at the agency shall receive a copy of the written protocol and any changes to the written protocol.

(3) The licensed veterinarian shall submit an updated protocol to the Board office each time the agency’s protocol changes and within thirty (30) days from date that the protocol has been changed.

(4) The certified governmental animal control agency shall maintain its protocols for at least two (2) years after the date that the protocols were sent to the Board office.

(5) The certified governmental animal control agency shall notify the Board office in writing when there is a change in the licensed veterinarian who is employed by the agency within thirty (30) days after the change occurs. The agency’s premises permit shall not be valid unless a licensed veterinarian is employed full time by the agency.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144(a) [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009. CHEMICAL CAPTURE 1730-06

Tenn. Comp. R. & Regs. 1730-06-.10 APPROVED DRUGS AND DRUG-ADMINISTERING EQUIPMENT

(1) A licensed veterinarian, licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or a certified animal chemical capture technician may administer Telazol in performing chemical capture.

(2) A licensed veterinarian shall use his or her Drug Enforcement Administration number to obtain the controlled substances used in the chemical capture of animals.

(3) All drugs used for chemical capture shall be approved by the Board. The licensed veterinarian, licensed veterinary technician working under the supervision of a licensed veterinarian, and animal chemical capture technician shall administer the chemical capture drugs approved by the Board to the species of animal for which the Food and Drug Administration has approved their use and shall administer the drugs in accordance with all other Food and Drug Administration rules, regulations, recommendations, and guidelines.

(4) A licensed veterinarian shall ensure that the tranquilizer guns used for chemical capture shall have adequate sighting capabilities and the capability of tracking the darts that they shoot.

(5) A licensed veterinarian shall ensure that the tranquilizer guns are securely stored and wellmaintained in a high state of repair and accuracy at all times.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.

Tenn. Comp. R. & Regs. 1730-06-.11 RECORDKEEPING

(1) A record shall be maintained by the licensed veterinarian who supervises or performs chemical capture containing the following for each chemical capture performed:

(a) date the drug was administered;

(b) name, strength, and dosage amount of drug administered;

(d) the amount of any drug wasted, spilled or lost;

(e) description of the animal, including but not limited to the gender, breed and approximate weight;

(f) tag number or identification number for the animal;

(g) names of the persons who participated in the chemical capture and their roles, and particularly the name and title of the individual who administered the drug;

(h) location where the chemical capture occurred;

(i) location where the animal recovered from the chemical capture;

(j) name and title of the individual who cared for the animal after the chemical capture; and CHEMICAL CAPTURE 1730-06 (k) name and title of the individual approving the chemical capture of the animal.

(2) A copy of all of the records relating to the chemical capture of an animal shall be maintained at the certified governmental animal control agency for a period of three (3) years from the date that the chemical capture was performed.

(3) In addition to the requirements contained in this rule, the licensed veterinarian working at the certified governmental animal control agency shall maintain an inventory of controlled substances in accordance with federal laws and rules.

(4) The Board at any time may examine records related to chemical capture to ensure compliance with laws and rules.

History

Authority: Chapter 805 of the Public Acts of 2008, §§2 and 3, and T.C.A. §§44-17-601 and 63-12-144 [effective January 1, 2009].
Administrative History: Public necessity rule filed January 13, 2009; effective through June 27, 2009. Public necessity rule filed January 13, 2009; and effective through June 27, 2009; expired effective June 28, 2009, and reverted to its previous status. Original rule filed April 22, 2009; effective July 6, 2009.