2001 Montana Legislature

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SENATE BILL NO. 478

INTRODUCED BY E. FRANKLIN



A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE LICENSURE OF VETERINARY TECHNICIANS; AUTHORIZING THE BOARD OF VETERINARY MEDICINE TO ADOPT RULES FOR LICENSURE RELATING TO VETERINARY TECHNICIANS; REQUIRING THE APPOINTMENT OF A VETERINARY TECHNICIAN TO THE BOARD OF VETERINARY MEDICINE AS AN EX OFFICIO MEMBER; ESTABLISHING TASKS AND TREATMENTS THAT MAY BE PERFORMED AND THAT MAY NOT BE PERFORMED BY VETERINARY TECHNICIANS; PROVIDING THAT A PERSON PERFORMING AS A VETERINARY TECHNICIAN MUST BE LICENSED AFTER OCTOBER 1, 2003; PROVIDING PENALTIES FOR THE UNLICENSED PRACTICE AFTER OCTOBER 1, 2003; AND AMENDING SECTION 37-18-201, MCA."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     NEW SECTION.  Section 1.  Definitions. As used in [sections 1 through 5], the following definitions apply:

     (1) "Animal" means any animal other than a human, including mammals, birds, fish, and reptiles.

     (2) "Emergency condition" means when an animal has been placed in a life-threatening condition and immediate treatment is necessary to sustain the animal's life or when death is imminent and immediate action is necessary to relieve the animal's pain and suffering.

     (3) "Licensed veterinarian" means a person licensed under the provisions of Title 37, chapter 18, part 3.

     (4) "Licensed veterinary technician" means a person who has met the qualifications for licensure of [section 2] and who holds a current license under the provisions of [sections 1 through 5].



     NEW SECTION.  Section 2.  Qualifications for licensure as veterinary technician. In order to qualify to be licensed as a veterinary technician under [sections 1 through 5], a person must meet one of the following:

     (1) must have graduated from an American veterinary medical association accredited program and must have passed the veterinary technician national examination; or

     (2) must have worked consecutively in the capacity of a veterinary technician for 5 or more years as of October 1, 2001, and must have passed the veterinary technician national examination by October 1, 2003.     



     NEW SECTION.  Section 3.  Examinations. (1) An examination for applicants for licensure as a veterinary technician in this state must be held at least annually at a time and place and on a date set by the board.

     (2) The board may contract with an examination service to conduct the national veterinary technician examination in this state, and the board may recognize test results for the examination conducted outside this state.

     (3) A person who has passed the examination outside this state may request to have the examining body forward the applicant's scores on the examination to the board and, upon meeting any other requirements established by the board by rule, is eligible for licensure under [sections 1 through 5].



     NEW SECTION.  Section 4.  License -- renewal. (1) An applicant who has qualified for licensure under [sections 1 through 5] must be issued an annual license by the board upon payment of a license fee in an amount established by the board by rule.

     (2) A license expires on December 31 of each year and may be renewed by the licensee's payment of a renewal fee prior to March 1 of the following year.

     (3) (a) The board shall establish the renewal fee, renewal form, and other renewal requirements by rule.

     (b) The board may establish continuing education requirements for licensed veterinary technicians by rule.

     (4) Failure to timely pay the renewal fee, comply with other renewal requirements, or comply with continuing education requirements is grounds for the board to suspend or revoke a licensed veterinary technician's license.



     NEW SECTION.  Section 5.  Authorized licensed veterinary technician tasks -- unauthorized practices -- penalty. (1) A licensed veterinary technician may perform the following tasks under the direct supervision and control of a licensed veterinarian if the licensed veterinarian performs a daily examination of the animal being treated:

     (a) venipuncture that is the drawing of venous blood, including inserting an indwelling catheter if required;

     (b) catheterization of the urinary bladder;

     (c) injections, including hypodermic injections and parenteral fluids, except when in conflict with government regulations;

     (d) induction, monitoring, and maintenance of anesthesia under the direct supervision of a licensed veterinarian;

     (e) immunization, except when in conflict with governmental regulations;

     (f) exposing and developing radiographic film;

     (g) collection of and administration of whole blood or plasma;

     (h) assisting in surgery;

     (i) laboratory procedures, including but not limited to hematology, serology, microbiology, cytology, chemistry, urinalysis, fecal analysis, and skin scrapings;

     (j) providing wound care;

     (k) preparation of animals for surgery, including clipping, scrubbing, and disinfecting operative sites;

     (l) dental prophylaxis, including operation of ultrasonic and polishing instruments;

     (m) preparation of medicants for dispensing to animals on the direct or written word of a supervising licensed veterinarian;

     (n) maintaining surgery logs, x-ray logs, laboratory logs, and pharmacy records;

     (o) performance of euthanasia on animals; and

     (p) other tasks as the board may permit by rule.

     (2) Under emergency conditions, a licensed veterinary technician may render the following treatment:

     (a) application of tourniquets or pressure bandages to control hemorrhage;

     (b) administration of pharmacological agents and parenteral fluids after direct communication with a licensed veterinarian who is either present or en route to the location of the injured animal;

     (c) resuscitative procedures;

     (d) application of temporary splints or bandages to prevent further injury to bones or soft tissues;

     (e) application of appropriate wound dressings and external supportive treatment in severe wound and burn cases; and

     (f) external supportive treatment in heat prostration cases.

     (3) Except to the extent allowed by subsection (2), a licensed veterinary technician may not:

     (a) make a diagnosis;

     (b) prescribe any treatment or medication;

     (c) perform surgery; or

     (d) perform regulatory work.

     (4) (a) After October 1, 2003, a veterinary technician may not perform any of the tasks or treatments allowed by this section unless licensed as provided for in [sections 1 through 5].

     (b) After October 1, 2003, a person who is not licensed as a veterinary technician and who performs a task or treatment allowed under this section is subject to the provisions of 37-1-317 and 37-1-318.



     Section 6.  Section 37-18-201, MCA, is amended to read:

     "37-18-201.  Organization -- meetings -- ex officio member. (1) A board member shall must receive a certificate of appointment from the governor.

     (2)  The board shall annually elect from its members a president, vice-president vice president, and secretary-treasurer and shall hold at least two regular meetings each year. At a meeting, four members of the board constitute a quorum. If a member of the board, without cause, absents himself is consecutively absent from two of its the board's regular meetings, consecutively, his that member's office is vacant.

     (3) The board shall appoint on an annual basis a licensed veterinary technician as an ex officio member of the board to advise the board on matters pertaining to licensed veterinary technicians. The ex officio member must be compensated as provided in 37-1-133."



     NEW SECTION.  Section 7.  Codification instruction. [Sections 1 through 5] are intended to be codified as an integral part of Title 37, chapter 18, and the provisions of Title 37, chapter 18, apply to [sections 1 through 5].

- END -




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