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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 71-A. MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING. PL 1997, c. 246, @1 (rpr))
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Title 32 - §4851. Legislative findings
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4851. Legislative findings
The Legislature finds and declares that the public health, safety and welfare of the State of Maine requires the exercise
of the police powers of this State to safeguard the people of Maine from incompetent, dishonest or unprincipled practitioners
of veterinary medicine and further that the right to practice veterinary medicine is a privilege conferred by legislative
grant to persons possessed of personal and professional qualifications.
[1975, c. 477, § 4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4852. Short Title
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4852. Short Title
This chapter is known and may be cited as the "Maine Veterinary Practice Act."
[1997, c. 246, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4853. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4853. Definitions
When used in this chapter, except where otherwise indicated by context, the following words and phrases shall have the following
meaning.
[1975, c. 477, §4 (new).]
1. Animal. "Animal" means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.
[1975, c. 477, §4 (new).]
1-A. Animal health assistant. "Animal health assistant" means a person employed in a veterinary facility to assist a licensed veterinarian or a licensed
veterinary technician, but who has neither had the formal training required for licensure nor passed the required examination
for licensure as a veterinary technician.
[1993, c. 404, Pt. A, §3 (new).]
2. Animal technician.
[1993, c. 404, Pt. A, §4 (rp).]
3. Board. "Board" means the Maine State Board of Veterinary Medicine.
[1975, c. 477, §4 (new).]
4. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
[1989, c. 450, §28 (amd).]
4-A. Direct supervision. "Direct supervision" means any time when a supervisor is on the premises or quickly and easily available.
[1997, c. 246, §3 (amd).]
4-B. Indirect supervision. "Indirect supervision" means any time when a supervisor is not on the premises, but that supervisor has issued written or
oral instructions pertaining to the treatment of animal patients.
[1993, c. 404, Pt. A, §5 (new).]
5. Licensed veterinarian. "Licensed veterinarian" means a person who is validly and currently licensed by the board to practice veterinary medicine
in this State.
[1975, c. 477, §4 (new).]
6. Person. "Person" means any individual, firm, partnership, association, joint venture, cooperative and corporation or any other group
or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver or as any other kind
of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director,
officer or any other representative of such person.
[1975, c. 477, §4 (new).]
7. Practice of veterinary medicine. "Practice of veterinary medicine" means:
A. The diagnosis, treatment, correction, change, relief or prevention of animal disease, deformity, defect, injury or other
physical or mental condition, including the prescription or administration of a drug, medicine, biologic, apparatus, application,
anesthetic or other imaging, therapeutic or diagnostic technique or nutritional substance or technique on, for or to any animal,
including, but not limited to, acupuncture, dentistry, homeopathic or chiropractic procedures, physical or massage therapy,
surgery including cosmetic surgery, implanting of microchips or similar devices or any manual, mechanical, biological or chemical
procedure used for pregnancy testing or correcting sterility or infertility;
[1997, c. 246, §4 (rpr).]
B. The removal of an embryo from an animal for the purposes of transferring that embryo into another female animal or the processing
or cryopreserving of that embryo. The practice of veterinary medicine does not include the removal of an embryo from the
person's own animal;
[1997, c. 246, §4 (rpr).]
C. The representation directly or indirectly of an ability and willingness to perform an act included in paragraph A; and
[1997, c. 246, §4 (rpr).]
D. The use of any titles, word or abbreviations of letters in a manner or under circumstances that induce the belief that the
person using them is legally authorized and qualified to perform any act included in paragraph A. That use is prima facie
evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.
[1997, c. 246, §4 (new).]
[1997, c. 246, §4 (rpr).]
7-A. Relief veterinary service. "Relief veterinary service" means the practice of veterinary medicine in Maine on a temporary basis by a qualified veterinarian
not licensed to practice in this State for the purpose of substituting for a Maine-licensed veterinarian at a specified location
during the licensee's absence or period of incapacitation.
[1997, c. 246, §5 (amd).]
8. School of veterinary medicine. "School of veterinary medicine" means any veterinary college or division of a college or university that offers the degree
of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required by the Maine State Board of
Veterinary Medicine as provided in this chapter.
[1975, c. 477, §4 (new).]
8-A. Supervisor. "Supervisor" means a licensed veterinarian or, if the task being supervised warrants, a veterinary technician.
[1993, c. 404, Pt. A, §5 (new).]
9. Veterinarian. "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine.
[1975, c. 477, §4 (new).]
10. Veterinary medicine. "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary
medicine including all aspects of the "practice of veterinary medicine" under subsection 7.
[1997, c. 246, §6 (amd).]
11. Veterinary technician. "Veterinary technician" means a person who has completed a minimum of 2 years in a college program that is certified according
to the standards adopted by the American Veterinary Medical Association's Committee on Veterinary Technician Education and
Activities or an equivalent program, as determined by the board, and who has passed an examination prescribed by the board.
[1993, c. 404, Pt. A, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4854. State Board of Veterinary Medicine
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4854. State Board of Veterinary Medicine
The State Board of Veterinary Medicine, as established by Title 5, section 12004-A, subsection 42, within the Department of
Professional and Financial Regulation, consists of 6 members, appointed by the Governor, 5 of whom must be licensed veterinarians
who are residents of this State and graduates of a veterinary school and who have been licensed to practice veterinary medicine
in the State for the 5 years preceding their appointment and one member who must be a representative of the public. At least
30 days before the appointment of a licensed Maine veterinarian to the board, the State Veterinary Medical Association shall
forward to the Governor for consideration the names of 3 or more qualified veterinarians. Members are appointed for 5-year
terms. Appointments of members must comply with section 60. A person may not serve on the board who is, or has been during
the 2 years preceding appointment, a trustee or a member of the faculty or advisory board of a veterinary school.
[1997, c. 246, §7 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4855. Officers
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4855. Officers
The board shall organize annually by electing a chair, a secretary who need not be a member of the board and any other officers
as may be determined necessary. The board shall maintain the correspondence of the board and keep a record of all proceedings.
All board records must be open to public inspection during regular office hours.
[1997, c. 246, §8 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4856. Meetings
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4856. Meetings
The board shall meet at least once a year at a time and place fixed by the board. Other meetings may be called by the chair
by giving notice as required by rule. A majority of the board constitutes a quorum.
[1997, c. 246, §9 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4857. Removal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4857. Removal
Members of the board may be removed by the Governor for cause, after notice and hearing.
[1989, c. 450, §30 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4858. Expenses (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4858. Expenses (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4859-A. Notice and conduct of hearing (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4859-A. Notice and conduct of hearing (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4859. Powers
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4859. Powers
The board shall have power to:
[1975, c. 477, §4 (new).]
1. Establish standards. Establish, consistent with this chapter, standards of qualification for the practice of veterinary medicine in the State
of Maine, and, for the purpose of section 4853, subsection 8 and section 4861, recognize schools of veterinary medicine.
[1975, c. 477, §4 (new).]
2. License; register; set standards. The power to grant and deny licenses, register and to set standards for practice for veterinarians practicing veterinary
medicine in this State and for the performance of duties by veterinary technicians;
[1993, c. 404, Pt. A, §7 (amd).]
3. After hearing, adopt, amend or repeal rules. After hearing, adopt, amend or repeal rules in accordance with Title 5, chapter 375, subchapter II, necessary to carry into
effect this chapter. These rules must be made in accordance with the purpose and intent of the law and the standards set forth
in this chapter and include, but are not limited to, rules concerning misconduct, fraud, advertising, standards of competency,
personal conduct, standards of sanitation for the operation of veterinary hospitals, associations with other veterinarians
and unprofessional conduct.
[1997, c. 246, §10 (amd).]
4. Establish schedule of fees.
[2003, c. 251, §1 (rp).]
5. Conduct investigations. Conduct investigations of alleged violations of this chapter and the rules adopted thereunder.
[1997, c. 246, §12 (amd).]
6. Register veterinary technicians. Register veterinary technicians in accordance with procedures as the board may prescribe by rule;
[1993, c. 404, Pt. A, §8 (amd).]
7. Hold hearings. Hold hearings on all matters properly brought before the board and in connection thereto to administer oaths, receive evidence,
make necessary determinations and enter orders consistent with the findings. The board may require by subpoena the attendance
and testimony of witnesses and the production of papers, records or other documentary evidence and commission depositions.
[1983, c. 48, §2 (amd).]
8. Bring proceedings. Bring proceedings in the courts for the enforcement of this chapter or any rules made pursuant thereto.
[1997, c. 246, §12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4860. License required
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4860. License required
No person may practice veterinary medicine in this State who is not a licensed veterinarian or the holder of a valid temporary
permit or permit for the performance of relief veterinary service issued by the board. This shall not apply to:
[1983, c. 48 § 3 (amd).]
1. Federal, state or local government employee. An employee of the federal, state or local government performing his official duties.
[1975, c. 477, § 4 (new).]
2. Regular student. A person who is a regular student in a veterinary school performing duties or actions assigned by his instructors or working
under the direct supervision of a licensed veterinarian during a school vacation period.
[1975, c. 477, § 4 (new).]
3. Person performing accepted livestock practices.
[1975, c. 477, § 4 (new).]
4. Out-of-state veterinarian consulting with licensed veterinarian. A veterinarian legally licensed in another state consulting with a licensed veterinarian in this State.
[1975, c. 623, § 51-B (rpr).]
5. Owner or caretaker of an animal. The owner or caretaker of an animal and the owner's regular employee caring for and treating the animal belonging to such
owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.
[1975, c. 477, § 4 (new).]
6. Certain faculty members. A member of the faculty of a veterinary school performing his regular functions, or a person lecturing or giving instructions
or demonstrating at a veterinary school or in connection with a continuing education course or seminar.
[1975, c. 477, § 4 (new).]
7. Person applying certain chemicals. Any person selling or applying any pesticide or insecticide for the betterment and protection of the animal.
[1975, c. 477, § 4 (new).]
8. Person engaged in scientific research. Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals.
[1975, c. 477, § 4 (new).]
9. Person performing artificial insemination commercially. Any person on file with the Maine Department of Agriculture performing artificial insemination.
[1975, c. 477, § 4 (new).]
10. Persons performing horseshoeing and trimming of feet.
[1975, c. 477, § 4 (new).]
11.
[1979, c. 291, § 4 (rp).]
12. Animal and humane shelters under the supervision of a licensed Maine veterinarian.
[1975, c. 477, § 4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4861. Application for license; qualifications and examination
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4861. Application for license; qualifications and examination
A person desiring a license to practice veterinary medicine in this State shall make written application and pay the required
licensure fee set under section 4863-A. The application must show that the applicant holds a doctorate degree in veterinary
medicine from an approved veterinary medicine program that is recognized by the United States Department of Education and
by the board, and is a person of good moral character and provide such other information and proof as the board may establish
by rule. The board may adopt rules applicable to graduates of approved veterinary medicine programs by the Commissioner
of Education and rules applicable to foreign educated graduates who can demonstrate equivalent education and training. Rules
adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
[2003, c. 251, §2 (amd).]
1. Examinations.
[2003, c. 251, §2 (rp).]
1-A. Examinations. Examinations, written or practical, must be prepared to measure the competence of an applicant to engage in the practice
of veterinary medicine. The board may require successful completion of an equivalency examination or assessment mechanism
for foreign educated and trained applicants that is designed to evaluate educational equivalence, including clinical competencies
and a command of the English language.
The board may employ and cooperate and contract with an organization or consultant in the preparation, administration and
grading of an examination, but shall retain sole discretion and responsibility for determining which applicants have successfully
passed the examination. The applicant shall pay the required examination fee set under section 4863-A.
[2003, c. 251, §2 (new).]
2. Oral or practical examination. At its discretion, the board may orally or practically examine any person qualifying for licensure under this section.
The examination may cover laws and rules relating to the practice of veterinary medicine.
[1997, c. 246, §17 (rpr).]
3. Temporary permit. The board may issue without examination a temporary permit to practice veterinary medicine in this State to a qualified applicant
for license pending examination. A temporary permit issued pursuant to this subsection expires the day after the notice of
results of the first examination given after the permit is issued. The applicant shall pay the required temporary permit
fee set under section 4863-A.
All persons granted permits under this section shall furnish proof of liability insurance to cover the date of this permit.
[2003, c. 251, §2 (amd).]
4. Permit for performance of relief veterinary service. The board may issue without examination a permit to perform relief veterinary service in this State to a qualified person
who holds a doctorate degree in veterinary medicine from an approved veterinary medicine program that is recognized by the
United States Department of Education and by the board, and who holds a current license for the practice of veterinary medicine
issued by another state, territory or district of the United States. The board may establish, by rule, the application process.
The initial term of a permit issued under this subsection may not exceed 30 days. Extensions may be granted in the discretion
of the board. The applicant shall pay the required relief permit fee set under section 4863-A.
[2003, c. 251, §2 (amd).]
5. Licensure by endorsement. The board shall grant a license by endorsement to a veterinarian who:
A. Has submitted a complete application;
[1997, c. 246, §18 (new).]
B. Has paid the required examination and license fee as set under section 4863-A;
[2005, c. 347, Pt. C, §1 (amd).]
C. Is licensed in good standing in another state, United States territory or province of Canada or, if an applicant does not
meet the definition of good standing, as established by the board, the applicant shall provide, to the satisfaction of the
board, that the applicant is qualified for licensure in the State and may practice under the restrictions and limitations
on that license, and those limitations, if any, may include conditions of probation before the issuance of a license;
[1997, c. 246, §18 (new).]
D.
[2003, c. 251, §2 (rp).]
D-1. Has sucessfully passed an examination pursuant to subsection 1-A pertaining to the practice of veterinary medicine as determined
by board rule. The board may require the applicant to submit to an examination covering the laws and rules pertaining to
the practice of veterinary medicine in this State; and
[2003, c. 251, §2 (new).]
E. Has actively practiced clinical veterinary medicine for 3,000 hours during the 3 years preceding application.
[2003, c. 251, §2 (amd).]
F.
[2003, c. 251, §2 (rp).]
[2005, c. 347, Pt. C, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4862. Status of persons currently licensed
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4862. Status of persons currently licensed
Any person holding a valid license to practice veterinary medicine in this State on the date this chapter becomes effective
must be recognized as a licensed veterinarian and is entitled to retain this status so long as the licensee complies with
this chapter, including annual renewal of the license within 30 days of notification.
[1997, c. 246, §19 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4863-A. Fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4863-A. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may
establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective
purposes, except that the fee for any one purpose may not exceed $150 annually. Rules adopted pursuant to this section are
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
[2003, c. 251, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4863. License renewal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4863. License renewal
All licenses expire annually on such date as the commissioner may designate, and may be renewed with the board by payment
of a renewal fee set under section 4863-A. At least 30 days prior to the annual renewal date, the Department of Professional
and Financial Regulation shall mail a notice to each licensee and registrant that the license or registration expires on the
renewal date and provide a renewal application form for reregistration.
[2003, c. 251, §3 (amd).]
div>
Licenses may be reinstated up to 90 days after the date of expiration upon payment of a late fee set under section 4863-A
in addition to the renewal fee. A person who submits an application for renewal more than 90 days after the license renewal
date is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration
to the protection of the public, waive examination if that renewal application is made within 2 years from the date of the
expiration. In addition, the board may levy penalties for nonrenewal.
[2003, c. 251, §3 (amd).]
div>
By rule the board may waive the payment of the registration renewal fee of a licensed veterinarian during the period when
that veterinarian is on active duty with any branch of the Armed Services of the United States, not to exceed the longer of
3 years or the duration of a national emergency.
[1991, c. 509, §25 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4864. Revocation, suspension or discipline
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4864. Revocation, suspension or discipline
The board, on its own motion or upon complaint made to it, may hold a hearing to determine whether or not violations of this
chapter or the standards for the practice of veterinary medicine adopted by the board have been violated. Hearings conducted
under this section are "adjudicatory proceedings" and must be conducted in accordance with the provisions of Title 5, chapter
375, subchapter IV. The board has the authority to issue subpoenas subject to the provisions of Title 5, section 9060. If
the board considers a licensee has committed any of the acts set forth in this section, it shall either report its findings
to the Attorney General for prosecution in the District Court for suspension or revocation in accordance with Title 4, chapter
5, or place the licensee on probation for a certain period of time during which the licensee shall file periodic affidavits
of the licensee's practice in accordance with the standards set by the board, or censure, by letter, the licensee. The following
acts are grounds for disciplinary action by the board or for revocation or suspension by the District Court:
[1999, c. 547, Pt. B, §70 (amd); §80 (aff).]
1. Convictions. Conviction in this State or another state or in a federal court of a felony or of a crime involving moral turpitude;
[1975, c. 477, §4 (new).]
2. Fraud. The employment of fraud, misrepresentation or deception in obtaining a license;
[1975, c. 477, §4 (new).]
3. Violation of drug laws. Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or
cannabis;
[1975, c. 477, §4 (new).]
4. Chronic use of drugs. Chronic or habitual use of drugs;
[1975, c. 477, §4 (new).]
5. Insanity.
[1979, c. 291, §7 (rp).]
5-A. Mental illness. A medical finding of mental incompetency;
[1979, c. 291, §8 (new).]
6. Certain prescriptions of narcotics. Prescribing narcotic drugs for other than accepted therapeutic purposes;
[1975, c. 477, §4 (new).]
7. Malpractice. Gross or repeated malpractice;
[1975, c. 477, §4 (new).]
8. Incompetence or gross negligence. Incompetence or gross negligence;
[1975, c. 477, §4 (new).]
9. Cruelty to animals. The performance of any inhumane or cruel act, as established by the board and by applicable civil and criminal laws and rules
in the treatment or care of any animal;
[2005, c. 347, Pt. C, §2 (amd).]
10. Permitting a veterinary technician to perform prohibited acts. Permitting any registered veterinary technician operating under the licensee's supervision to perform any act or operation
other than that permitted under section 4866;
[1993, c. 404, Pt. A, §9 (amd).]
11. Unprofessional conduct. Unprofessional conduct, as defined in the rules of the board, includes, but is not limited to, the following:
A. Advertising in any manner considered by the board to be false, misleading or otherwise deemed unprofessional;
[1975, c. 477, §4 (new).]
B. Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of veterinary medicine;
[1975, c. 477, §4 (new).]
C. Refusing to divulge to the board upon demand, the means, method, device or instrumentality used in the treatment of a disease,
injury, ailment or infirmity of any animal; or
[1997, c. 246, §22 (amd).]
D. Fraud or dishonesty in the application or reporting of any test for disease in animals or making a false report of any contagious
or infectious disease;
[1975, c. 477, §4 (new).]
[1997, c. 246, §22 (amd).]
12. Unauthorized associations. A veterinarian may practice only in an individual capacity under that veterinarian's own name or in association with a licensed
practitioner of veterinary medicine or professional association. The following are deemed unauthorized associations:
A. Association for the joint practice of veterinary medicine with any person, corporation or partnership not licensed to practice
veterinary medicine;
[1975, c. 477, §4 (new).]
B. Knowingly aiding and abetting in the practice of veterinary medicine any person not licensed to practice in this State;
[1975, c. 477, §4 (new).]
C. The lending, leasing or in any other manner placing of one's certificate of registration or license at the disposal of or
in the service of any other person not licensed to practice veterinary medicine in this State; and
[1997, c. 246, §23 (amd).]
D. The continuance of a veterinarian directly or indirectly in the employ of or in association with any veterinarian after
knowledge that such veterinarian is engaged in the violation of the provisions of this chapter;
[2003, c. 251, §5 (amd).]
[2003, c. 251, §5 (amd).]
13. Lack of sanitation. Failure to maintain veterinary premises and equipment in a clean and sanitary condition as defined by the board in accordance
with the sanitation provisions included in Title 7, section 3936; or
[2003, c. 251, §6 (amd).]
14. Violation. Violation of a provision of this chapter or a rule adopted by the board.
[2003, c. 251, §7 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4865-A. Revocation, suspension or discipline
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4865-A. Revocation, suspension or discipline
The board, on the board's own motion or upon complaint made to the board, may hold a hearing held in accordance with rules
adopted by the board to determine whether or not violations of this chapter relating to veterinary technicians have occurred.
Hearings conducted under this section are considered "adjudicatory proceedings" and are conducted in accordance with the provisions
of Title 5, chapter 375, subchapter IV. The board may issue subpoenas subject to the provisions of Title 5, section 9060.
If the board considers that a veterinary technician has committed any of the acts set forth in this section, the board shall
either report the board's findings to the Attorney General for prosecution in the District Court for suspension or revocation
of the veterinary technician's registration in accordance with Title 4, chapter 5; place the licensee on probation for a certain
period of time during which the licensee shall file periodic affidavits of the licensee's duties in accordance with the standards
set by the board; or censure, by letter, the veterinary technician. The following acts are grounds for disciplinary action
by the board or for revocation or suspension by the District Court:
[1999, c. 547, Pt. B, §71 (amd); §80 (aff).]
1. Convictions. Conviction in this State or another state or in a federal court of a felony or of a crime involving moral turpitude;
[1975, c. 477, §4 (new).]
2. Fraud. The employment of fraud, misrepresentation or deception in obtaining a certificate of registration;
[1975, c. 477, §4 (new).]
3. Violation of drug laws. Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or
cannabis;
[1975, c. 477, §4 (new).]
4. Chronic use of drugs. Chronic or habitual use of drugs;
[1975, c. 477, §4 (new).]
5. Mental illness. A medical finding of mental incompetency;
[1979, c. 291, §10 (rpr).]
6. Incompetency or negligence. Incompetency or gross negligence;
[1975, c. 477, §4 (new).]
7. Malpractice. Gross or repeated malpractice;
[1975, c. 477, §4 (new).]
8. Cruelty to animals. The performance of any inhumane or cruel act, as established by the board and by applicable civil and criminal laws and rules
in the treatment or care of any animal;
[2005, c. 347, Pt. C, §4 (amd).]
9. Unauthorized acts. Performance of any act or operation not authorized under section 4866;
[1975, c. 477, §4 (new).]
10. Unprofessional conduct. Unprofessional conduct, as defined in the rules of the board, includes, but is not limited to, the following:
A. Knowingly making any false or fraudulent statement, written or oral, in connection with the treatment or care of animals
as defined in section 4866;
[1975, c. 477, §4 (new).]
B. Refusing to divulge to the board upon demand, the means, method, device or instrumentality used in the treatment of a disease,
injury, ailment or infirmity; or
[1997, c. 246, §24 (amd).]
C. Fraud or dishonesty in the application or reporting of any test for disease in animals, or making a false report of any
contagious or infectious disease or while performing any other duties of a registered veterinary technician; and
[2003, c. 251, §8 (amd).]
[2003, c. 251, §8 (amd).]
11. Violation. Violation of a provision of this chapter or a rule adopted by the board.
[2003, c. 251, §9 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4865. Veterinary technicians
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4865. Veterinary technicians
A qualified person desiring registration as a veterinary technician, as defined in section 4853, subsection 11, shall submit
a completed application to the board, together with such information as the board requires and the required examination and
license fee pursuant to section 4863-A.
[2005, c. 347, Pt. C, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4866. Duties of veterinary technicians and animal health assistants
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4866. Duties of veterinary technicians and animal health assistants
An animal health assistant may, under the direct supervision of a licensed veterinarian or a registered veterinary technician,
perform duties of an animal health care nature. The duties do not include diagnosing, making prognoses, performing surgery,
interpreting laboratory tests or prescribing or initiating treatment.
[1997, c. 246, §26 (amd).]
div>
A veterinary technician registered in the State may perform, under the supervision and direction of a licensed veterinarian,
such duties as drug administration, nursing care, x-ray film exposure and processing, bandage changes, dental prophylaxis,
restraint, blood and fecal collections, diagnostic laboratory procedures and other duties the supervising veterinarian or
the board may prescribe by rule, consistent with this chapter, except no one but a veterinarian may diagnose, make prognoses,
prescribe or initiate treatment or surgery or perform surgery.
[1993, c. 404, Pt. A, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4867. Hearing (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4867. Hearing (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4868. Appeal (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4868. Appeal (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4869. Reinstatement
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4869. Reinstatement
A veterinarian whose license is revoked or suspended or a veterinary technician whose registration is revoked or suspended
may, at the discretion of the board, be relicensed, reregistered or reinstated at any time without an examination by majority
vote of the board on written application made to the board showing cause justifying the relicensing, reregistration or reinstatement.
[1993, c. 404, Pt. A, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4870. Enforcement
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4870. Enforcement
Any person, who shall practice veterinary medicine without a currently valid license, temporary permit or permit for the performance
of relief veterinary service, shall be guilty of a Class E crime, provided that each act of such unlawful practice shall
constitute a distinct and separate offense.
[1983, c. 48, §7 (amd).]
div>
A person who practices veterinary medicine without a currently valid license, temporary permit or permit for the performance
of relief veterinary service may not receive any compensation for services rendered. A veterinary technician employed by
a veterinarian is subject to section 4866.
[1993, c. 404, Pt. A, §14 (amd).]
div>
The board or any citizen of this State may bring an action to enjoin any person from practicing veterinary medicine without
a currently valid license, temporary permit or permit for the performance of relief veterinary service. If the court finds
that the person is violating, or is threatening to violate this chapter, it shall enter an injunction restraining him from
such unlawful acts.
[1983, c. 48, §7 (amd).]
div>
The successful maintenance of an action based on any one of the remedies set forth in this section shall in no way prejudice
the prosecution of an action based on any other of the remedies.
[1975, c. 477, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4871. Duties of the board
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4871. Duties of the board
The board may:
[1975, c. 477, §4 (new).]
1. Appoint representatives. Appoint from its own membership one or more members to act as representatives of the board at any meeting within or without
the State where such representation is deemed desirable or necessary.
[1975, c. 477, §4 (new).]
2. Adopt rules. Adopt rules, when determined necessary, that require veterinarians in this State to present evidence to the board that they
have complied with the requirements of continuing education for relicensure.
[1997, c. 246, §27 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4872. Disposal of abandoned animals
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4872. Disposal of abandoned animals
Any veterinarian may dispose of any animal the veterinarian has reason to believe has been abandoned in the veterinarian's
establishment if the veterinarian gives notice of the veterinarian's intention to do so to the owner at the owner's last known
address by registered or certified mail, return receipt requested and allows a period of 5 days to elapse after the receipt
is returned before disposing of such animal; but if the owner can not be located at that address, the veterinarian shall give
the notice by publication in a newspaper having a circulation in the town in which the owner was last known to reside, and
shall allow a period of 10 days to elapse after the publication before disposing of the animal. The animal is considered
abandoned if the owner was not located by registered mail or notice by publications and did not reply in person or by mail
within the time periods outlined stating the owner's intent to claim the animal.
[1997, c. 246, §28 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4873. Severability
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4873. Severability
If any part of this chapter is held invalid by a court of competent jurisdiction, all valid parts that are severable from
the invalid part remain in effect.
[1975, c. 477, § 4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4874. Immunity from civil liability
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4874. Immunity from civil liability
Notwithstanding any inconsistent provisions of any public or private and special law, any person who voluntarily, without
the expectation of monetary or other compensation renders first aid, emergency treatment or rescue assistance to an animal
who is ill, injured or in need of rescue assistance, shall not be liable for damages for injuries alleged to have been sustained
by the animal nor for damages for the death of the animal alleged to have occurred by reason of an act or ommission in the
rendering of the first aid, emergency treatment or rescue assistance, unless it is established that the injuries or the death
were caused willfully, wantonly or recklessly or by gross negligence on the part of the person.
[1979, c. 291, § 13 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §4875. Notice of services
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 71-A: MAINE VETERINARY PRACTICE ACT OF 1975 (HEADING: PL 1997, c. 246, @1 (rpr))
§4875. Notice of services
A person engaged in the practice of veterinary medicine who maintains a facility where veterinary medicine is practiced and
animals are kept overnight shall provide a written notice regarding the after-hours staffing policies for the facility to
any person who is responsible for an animal and who is releasing that animal to the facility. The notice must include the
staffing levels and approximate times that a staff member is present during the hours that the facility is not regularly open
to the public. The person responsible for releasing the animal to the facility shall sign and date the notice to acknowledge
receipt of the notice. A copy of the signed notice must be kept in the animal's patient file.
[2001, c. 62, §1 (new).]
div>
A person engaged in the practice of veterinary medicine who fails to comply with this section is subject to discipline by
the board.
[2001, c. 62, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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