Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute

When used in sections 340.200 to 340.330, the following terms
mean:

(1) "Accredited school of veterinary medicine", any veterinary college or
division of a university or college that offers the degree of doctor of
veterinary medicine or its equivalent and is accredited by the American
Veterinary Medical Association (AVMA);

(2) "Animal", any wild, exotic or domestic, living or dead animal or
mammal other than man, including birds, fish and reptiles;

(3) "Applicant", an individual who files an application to be licensed to
practice veterinary medicine or to be registered as a veterinary
technician;

(4) "Appointed member of the board", regularly appointed members of the
Missouri veterinary medical board, not including the state veterinarian
who serves on the board ex officio;

(5) "Board", the Missouri veterinary medical board;

(6) "Consulting veterinarian", a veterinarian licensed in another state,
country or territory who gives advice or demonstrates techniques to a
licensed Missouri veterinarian or group of licensed Missouri
veterinarians;

(7) "ECFVG certificate", a certificate issued by the American Veterinary
Medical Association Educational Commission for Foreign Veterinary
Graduates or its successor. The certificate must indicate that the holder
of the certificate has demonstrated knowledge and skill equivalent to
that possessed by a graduate of an accredited school of veterinary
medicine;

(8) "Emergency", when an animal has been placed in a life-threatening
condition and immediate treatment is necessary to sustain life or where
death is imminent and action is necessary to relieve pain or suffering;

(9) "Faculty member", full professors, assistant professors, associate
professors, clinical instructors and residents but does not include
interns or adjunct appointments;

(10) "Foreign veterinary graduate", any person, including foreign
nationals and American citizens, who has received a professional
veterinary medical degree from an AVMA listed veterinary college located
outside the boundaries of the United States, its territories or Canada,
that is not accredited by the AVMA;

(11) "License", any permit, approval, registration or certificate issued
or renewed by the board;

(12) "Licensed veterinarian", an individual who is validly and currently
licensed to practice veterinary medicine in Missouri as determined by the
board in accordance with the requirements and provisions of sections
340.200 to 340.330;

(13) "Minimum standards", standards as set by board rule and which
establish the minimum requirements for the practice of veterinary
medicine in the state of Missouri as are consistent with the intent and
purpose of sections 340.200 to 340.330;

(14) "Person", any individual, firm, partnership, association, joint
venture, cooperative or corporation or any other group or combination
acting in concert; whether or not acting as principal, trustee,
fiduciary, receiver, or as any kind of legal or personal representative
or as the successor in interest, assigning agent, factor, servant,
employee, director, officer or any other representative of such person;

(15) "Practice of veterinary medicine", to represent directly,
indirectly, publicly or privately an ability and willingness to do any
act described in subdivision (28) of this section;

(16) "Provisional license", a license issued to a person while that
person is engaged in a veterinary candidacy program;

(17) "Registered veterinary technician", a person who is formally trained
for the specific purpose of assisting a licensed veterinarian with
technical services under the appropriate level of supervision as is
consistent with the particular delegated animal health care task;

(18) "Supervision":

(a) "Immediate supervision", the licensed veterinarian is in the
immediate area and within audible and visual range of the animal patient
and the person treating the patient;

(b) "Direct supervision", the licensed veterinarian is on the premises
where the animal is being treated and is quickly and easily available and
the animal has been examined by a licensed veterinarian at such times as
acceptable veterinary medical practice requires consistent with the
particular delegated animal health care task;

(c) "Indirect supervision", the licensed veterinarian need not be on the
premises but has given either written or oral instructions for the
treatment of the animal patient or treatment protocol has been
established and the animal has been examined by a licensed veterinarian
at such times as acceptable veterinary medical practice requires
consistent with the particular delegated health care task; provided that
the patient is not in a surgical plane of anesthesia and the licensed
veterinarian is available for consultation on at least a daily basis;

(19) "Supervisor", a licensed veterinarian employing or utilizing the
services of a registered veterinary technician, veterinary intern,
temporary provisional licensee, veterinary medical student, unregistered
assistant or any other individual working under that veterinarian's
supervision;

(20) "Temporary license", any temporary permission to practice veterinary
medicine issued by the board pursuant to section 340.248;

(21) "Unregistered assistant", any individual who is not a registered
veterinary technician or licensed veterinarian and is employed by a
licensed veterinarian;

(22) "Veterinarian", "doctor of veterinary medicine", "DVM", "VMD", or
equivalent title, a person who has received a doctor's degree in
veterinary medicine from an accredited school of veterinary medicine or
holds a ECFVG certificate issued by the AVMA;

(23) "Veterinarian-client-patient relationship", the veterinarian has
assumed the responsibility for making medical judgments regarding the
health of the animal and the need for medical treatment, and the client,
owner or owner's agent has agreed to follow the instructions of the
veterinarian. There is sufficient knowledge of the animal by the
veterinarian to initiate at least a general or preliminary diagnosis of
the medical condition of the animal. Veterinarian-client-patient
relationship means that the veterinarian has recently seen and is
personally acquainted with the keeping and care of the animal by virtue
of an examination or by medically appropriate and timely visits to the
premises where the animal is kept. The practicing veterinarian is readily
available for follow-up care in case of adverse reactions or failure of
the prescribed course of therapy;

(24) "Veterinary candidacy program", a program by which a person who has
received a doctor of veterinary medicine or equivalent degree from an
accredited school of veterinary medicine can obtain the practical
experience required for licensing in Missouri pursuant to sections
340.200 to 340.330;

(25) "Veterinary facility", any place or unit from which the practice of
veterinary medicine is conducted, including but not limited to the
following:

(a) "Veterinary or animal hospital or clinic", a facility that meets or
exceeds all physical requirements and minimum standards as established by
board rule for veterinary facilities; provides quality examination,
diagnostic and health maintenance services for medical and surgical
treatment of animals and is equipped to provide housing and nursing care
for animals during illness or convalescence;

(b) "Specialty practice or clinic", a facility that provides complete
specialty service by a licensed veterinarian who has advanced training in
a specialty and is a diplomate of an approved specialty board. A
specialty practice or clinic shall meet all minimum standards which are
applicable to a specialty as established by board rule;

(c) "Central hospital", a facility that meets all requirements of a
veterinary or animal hospital or clinic as defined in paragraph (a) of
this subdivision and other requirements as established by board rule, and
which provides specialized care, including but not limited to
twenty-four-hour nursing care and specialty consultation on permanent or
on-call basis. A central hospital shall be utilized primarily on referral
from area veterinary hospitals or clinics;

(d) "Satellite, outpatient or mobile small animal clinic", a supportive
facility owned by or associated with and has ready access to a
full-service veterinary hospital or clinic or a central hospital
providing all mandatory services and meeting all physical requirements
and minimum standards as established by sections 340.200 to 340.330 or by
board rule;

(e) "Large animal mobile clinic", a facility that provides examination,
diagnostic and preventive medicine and minor surgical services for large
animals not requiring confinement or hospitalization;

(f) "Emergency clinic", a facility established to receive patients and to
treat illnesses and injuries of an emergency nature;

(26) "Veterinary candidate", a person who has received a doctor of
veterinary medicine or equivalent degree from an accredited school or
college of veterinary medicine and who is working under the supervision
of a board-approved licensed veterinarian;

(27) "Veterinary intern", a person who has received a doctor of
veterinary medicine or equivalent degree from an accredited school or
college of veterinary medicine and who is participating in additional
clinical training in veterinary medicine to prepare for AVMA-recognized
certification or specialization;

(28) "Veterinary medicine", the science of diagnosing, treating,
changing, alleviating, rectifying, curing or preventing any animal
disease, deformity, defect, injury or other physical or mental condition,
including, but not limited to, the prescription or administration of any
drug, medicine, biologic, apparatus, application, anesthesia or other
therapeutic or diagnostic substance or technique on any animal,
including, but not limited to, acupuncture, dentistry, animal psychology,
animal chiropractic, theriogenology, surgery, both general and cosmetic
surgery, any manual, mechanical, biological or chemical procedure for
testing for pregnancy or for correcting sterility or infertility or to
render service or recommendations with regard to any of the procedures in
this paragraph;

(29) "Veterinary student preceptee", a person who is pursuing a
veterinary degree in an accredited school of veterinary medicine which
has a preceptor program and who has completed the academic requirements
of such program. (L. 1992 H.B. 878 § 1, A.L. 1999 S.B. 424, A.L. 2004
H.B. 869)

1. There is hereby created a board to be known as the "Missouri
Veterinary Medical Board". The board shall consist of the state
veterinarian, who shall serve ex officio, and five appointed members,
including a voting public member. Not more than three of the appointed
members shall be of the same political party. Each appointed member,
other than the public member, of the board shall be a United States
citizen, a taxpaying resident of the state of Missouri for one year, a
graduate of an accredited school of veterinary medicine, and shall have
been lawfully engaged in the actual practice of veterinary medicine in
the state of Missouri for no less than five years next preceding the date
of the member's* appointment.

2. The public member shall be at the time of the public member's*
appointment, a citizen of the United States; a resident of Missouri for a
period of one year and a registered voter; a person who is not and never
has been a member of any profession licensed or regulated pursuant to
sections 340.200 to 340.330 or the spouse of such person; and a person
who does not have and never has had a material, financial interest in
either the providing of the professional services regulated by sections
340.200 to 340.330, or an activity or organization directly related to
any profession licensed or regulated pursuant to sections 340.200 to
340.330. The duties of the public member shall not include the
determination of the technical requirements to be met for licensure or
whether any person meets such technical requirements or of the technical
competence or technical judgment of a licensee or candidate for licensure.

3. The president of the Missouri Veterinary Medical Association in office
at the time shall, at least ninety days prior to the expiration of the
term of a board member other than the public member, or as soon as
feasible after a vacancy on the board otherwise occurs, submit to the
director of the division of professional registration a list of five
veterinarians qualified and willing to fill the vacancy in question with
the request and recommendation that the governor appoint one of the
persons so listed. With the list so submitted, the president of the
Missouri Veterinary Medical Association shall include in the* letter of
transmittal a description of the method by which the names were chosen by
the association.

4. All members, including the public member, shall be chosen from lists
submitted by the director of the division of professional registration.
All appointments shall be made by the governor with the advice and
consent of the senate. Before entering into the* term of office, each
member shall file a written oath to discharge the member's* official
duties in a faithful manner with the secretary of state.

5. All members shall be appointed to serve four-year terms. Any vacancy
in the membership of the board shall be filled by appointment for the
unexpired term. (L. 1992 H.B. 878 § 2, A.L. 1999 H.B. 343 merged with
S.B. 424)

*Words "his or her" appear in H.B. 343, 1999.

No person who has been appointed to the board shall continue his
or her membership on the board if, during the term of his or her
appointment, that member shall:

(1) Transfer his or her legal residence to another state;

(2) Have* his or her license to practice veterinary medicine revoked or
suspended; or

(3) Miss three consecutive meetings of the board. (L. 1992 H.B. 878 § 3,
A.L. 1999 S.B. 424)

*Word "has" appears in original rolls.

1. The board shall:

(1) From its members elect a chairperson and a vice chairperson who shall
serve a term of one year, such term to expire as of the end of the first
board meeting of each calendar year;

(2) Have at least one business meeting per year.

2. The chairperson or vice chairperson shall have the authority to call
special meetings of the board when such is deemed necessary and provided
that sufficient notice is given to the other board members and to the
general public pursuant to chapter 610, RSMo.

3. The board may hold special meetings by telephone conference; as
provided by chapter 610, RSMo.

4. All board meetings shall be open to the general public except where
such meetings, or portions thereof, are required or otherwise authorized
to be closed to the public pursuant to chapter 610, RSMo. (L. 1992 H.B.
878 § 4, A.L. 1999 S.B. 424)

Each member of the board shall receive as compensation an amount
set by the board not to exceed fifty dollars for each day devoted to the
affairs of the board and shall be entitled to reimbursement of expenses
necessarily incurred in the discharge of official duties. (L. 1992 H.B.
878 § 5)

1. The board shall adopt and have a common seal bearing the name
"Missouri Veterinary Medical Board".

2. The powers of the board are granted to enable the board to effectively
supervise the practice of veterinary medicine and to carry out the intent
and provisions of sections 340.200 to 340.330, and, therefore, are to be
construed liberally in order to accomplish such objectives.

3. Including, but not limited to, the board shall have the power to:

(1) Examine and determine the qualifications and fitness of applicants
for a license to practice veterinary medicine in this state;

(2) Issue, renew, deny, suspend, revoke, or place on probation any
license, certificate, authority or permit to practice or assist in the
practice of veterinary medicine in this state, or to otherwise discipline
or assess civil monetary penalties or order restitution, or other actions
consistent with the provisions of sections 340.200 to 340.330 and the
rules adopted thereunder;

(3) Conduct investigations of complaints or other investigations as
deemed necessary by the board for the purpose of discovering violations
of* sections 340.200 to 340.330 or grounds for disciplining any person
licensed or regulated under sections 340.200 to 340.330, and to contract
for or appoint persons or committees to assist in such investigations;

(4) Hold hearings, issue subpoenas and take testimony bearing on the
records of applicants for licensing or licensees who may be under
consideration by the board for discipline and to issue final orders of
the board on such matters that come before the board;

(5) Issue permits to and, upon complaint by any person, inspect any
veterinary facility utilized by any practicing veterinarian or from which
the practice of veterinary medicine is conducted. Such inspection shall
not include any vehicle used in the practice of veterinary medicine,
unless the board has received a complaint regarding such vehicle, then
the board may inspect the vehicle. Such inspection shall be made by the
board, a board member or other authorized representatives as appointed by
the board. The results of the inspection shall be reported to the board,
on forms prescribed by the board, the purpose of which shall be to ensure
compliance with the provisions of sections 340.200 to 340.330 or board
rules promulgated thereunder for such facilities or for seeking
disciplinary action in all instances where the board has reason to
believe there are or may be violations of such provisions or rules;

(6) Provide registration for veterinary technicians, temporary licensees
and provisional licensees and to adopt rules concerning the training,
supervision and service limits, and continuing education of such persons
while employed or acting under the supervision of licensed veterinarians
and to have exclusive jurisdiction in determining the eligibility and
qualification requirements and in granting or refusing to grant any
registration, certificate or license for any such person or to discipline
any person so registered or licensed under the provisions of sections
340.200 to 340.330 or by board rule;

(7) Fix by board rule minimum standards for, but not limited to, the
practice of veterinary medicine, medical records, emergency services,
radiological services, dispensed drug labeling, nursing care, veterinary
facilities, sanitation and sterilization, veterinarian-client-patient
relationships, and continuing education;

(8) Employ full- or part-time personnel, including an executive director,
professional, clerical or special personnel as necessary to effectuate
the provisions of sections 340.200 to 340.330 and to rent or purchase any
necessary space, equipment and supplies within available appropriations;

(9) Establish fees necessary to administer the provisions of sections
340.200 to 340.330;

(10) Authorize the chairman or vice chairman to sign complaints or
referrals for proceedings before the administrative hearing commission or
in a court of competent jurisdiction as necessary for the enforcement of
sections 340.200 to 340.330;

(11) Appoint from its own membership one or more members to act as
representatives of the board at any meeting within or without the state
when such representation is deemed desirable;

(12) Establish standing or ad hoc committees from its membership to
facilitate its work effectively, fulfill its duties and to exercise its
powers. Such committees must consist of at least two board members to
transact business. Any business or action of the committee shall have no
effect until and unless the business or action is ratified by a majority
vote of the full board;

(13) Adopt, amend or repeal all rules necessary to carry into effect the
provisions of sections 340.200 to 340.330, including, but not limited to,
the establishment and publication of rules of professional conduct for
the practice of veterinary medicine and such rules as it deems necessary
to supervise the practice of veterinary medicine. Such rules must be
published and made available upon request to persons licensed or
registered under sections 340.200 to 340.330 at no cost and distributed
at no cost to all applicants for licensing or registration under sections
340.200 to 340.330. Any proposed rulemaking, revision or amendment
thereto, shall be accomplished in accordance with the requirements and
provisions of chapter 536, RSMo;

(14) Assist the attorney general in any proper action to oust from
practice unlawful practitioners or remove from practice licensed or
registered persons in violation of any provision of sections 340.200 to
340.330 or board rule and assist with any prosecution for criminal
violations of sections 340.200 to 340.330; and

(15) Enter into contracts with any entity, public or private, for the
purpose of having examinations prepared, graded, evaluated, proctored, or
for any other examination service deemed desirable or necessary by the
board.

4. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of chapter 536, RSMo. (L. 1992 H.B. 878 § 6, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 S.B. 424)

*Word "of" does not appear in original rolls.

1. The board shall cause the executive director to prepare and
maintain a written record of all board proceedings whether or not such
proceedings are formal, informal, open or closed to the public. All
records so prepared and maintained and other documents or reports
incorporated therein shall be open to the public except where
specifically required or allowed to be closed to the public pursuant to
chapter 610, RSMo.

2. Other provisions of section 620.010, RSMo, to the contrary
notwithstanding, the board shall publish a list of the names and
addresses of all persons who hold licenses under the provisions of
sections 340.200 to 340.330, and shall publish a list of all persons
whose licenses have been suspended, revoked, surrendered, restricted,
denied, withheld, or otherwise disciplined, whether voluntarily or not.
The board shall mail a copy of such list to any person, agency or
professional association upon request and payment of a fee necessary for
photocopying and postage as established by board rule. The board may
forward such lists at no charge and upon its own motion for the purpose
of voluntary interstate exchange of information or to other
administrative or law enforcement agencies acting within the scope of
their statutory authority, whether the same be interstate or intrastate.

3. Other provisions of section 620.010, RSMo, to the contrary
notwithstanding, the board shall prepare and make available to the public
a report upon the final disciplinary actions taken by the board or denial
of licensure. Such report shall set forth findings of fact, grounds for
such denial or discipline, names of board members who were present, and
any resulting order or directive of the board; the same to apply whether
or not discipline or denial is voluntarily agreed to by the licensee or
applicant. Whenever a person possessing a license voluntarily enters
chemical or alcohol treatment and monitoring programs for purposes of
rehabilitation by informal agreement with the board, the action shall not
be reported with any other actions taken or agreed to between the board
and the licensee or applicant.

4. Where the board does not recommend disciplinary action, a report
stating that no action is recommended shall be prepared and forwarded to
the complaining party and the licensee or applicant.

5. Members of the board or employees of the board shall be immune from
any suit predicated on the publication of information, reports or lists
required by this section. (L. 1992 H.B. 878 § 7)

1. All fees payable under the provisions of sections 340.200 to
340.330 shall be paid to and collected by the division of professional
registration and transmitted to the department of revenue for deposit in
the state treasury to the credit of a fund to be known as the "Veterinary
Medical Board Fund", which is hereby created, and shall be subject to the
appropriations of the general assembly.

2. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, money in the fund shall not be transferred and placed to the
credit of the general revenue fund until the amount in the fund at the
end of the biennium exceeds two times the amount of the appropriation
from the board's funds for the preceding fiscal year or, if the board
requires by rule permit renewal less frequently than yearly, then three
times the appropriation from the board's funds for the preceding fiscal
year. The amount, if any, in the fund which shall lapse is that amount in
the fund which exceeds the appropriate multiple of the appropriations to
the board for the preceding fiscal year.

3. The fees prescribed by sections 340.200 to 340.330 shall be exclusive,
and notwithstanding any other provision of law, no municipality may
require any person licensed under the provisions of sections 340.200 to
340.330 to furnish any bond, pass any examination, or pay any license fee
or occupational tax relative to practicing his or her profession. (L.
1992 H.B. 878 § 8, A.L. 1993 H.B. 127, A.L. 1999 S.B. 424)

1. It is unlawful for any person not licensed as a veterinarian
under the provisions of sections 340.200 to 340.330 to practice
veterinary medicine or to do any act which requires knowledge of
veterinary medicine for valuable consideration, or for any person not so
licensed to hold himself or herself out to the public as a practitioner
of veterinary medicine by advertisement, the use of any title or
abbreviation with the person's name, or otherwise; except that nothing in
sections 340.200 to 340.330 shall be construed as prohibiting:

(1) Any person from gratuitously providing emergency treatment, aid or
assistance to animals where a licensed veterinarian is not available
within a reasonable length of time if the person does not represent
himself or herself to be a veterinarian or use any title or degree
appertaining to the practice thereof;

(2) Acts of a person who is a student in good standing in a school or
college of veterinary medicine or while working as a student preceptee,
in performing duties or functions assigned by the student's instructors,
or while working under the appropriate level of supervision of a licensed
veterinarian as is consistent with the particular delegated animal health
care task as established by board rule, and acts performed by a student
in a school or college of veterinary medicine recognized by the board and
performed as part of the education and training curriculum of the school
under the supervision of the faculty. The unsupervised or unauthorized
practice of veterinary medicine, even though on the premises of a school
or college of veterinary medicine, is prohibited;

(3) Personnel employed by the United States Department of Agriculture or
the Missouri department of agriculture from engaging in animal disease,
parasite control or eradication programs, or other functions specifically
required and authorized to be performed by unlicensed federal or state
officials under any lawful act or statute, except that this exemption
shall not apply to such persons not actively engaged in performing or
fulfilling their official duties and responsibilities;

(4) Any merchant or manufacturer from selling drugs, medicine, appliances
or other products used in the prevention or treatment of animal diseases
if such drug, medicine, appliance or other product is not marked by the
appropriate federal label. Such merchants or manufacturers shall not,
either directly or indirectly, attempt to diagnose a symptom or disease
in order to advise treatment, use of drugs, medicine, appliances or other
products;

(5) The owner of any animal or animals and the owner's full-time
employees from caring for and treating any animals belonging to such
owner, with or without the advice and consultation of a licensed
veterinarian, provided that the ownership of the animal or animals is not
transferred, or employment changed, to avoid the provisions of sections
340.200 to 340.330; however, only a licensed veterinarian may immunize or
treat an animal for diseases which are communicable to humans and which
are of public health significance, except as otherwise provided for by
board rule;

(6) Any graduate of any accredited school of veterinary medicine while
engaged in a veterinary candidacy program or foreign graduate from a
nonaccredited school or college of veterinary medicine while engaged in a
veterinary candidacy program or clinical evaluation program, and while
under the appropriate level of supervision of a licensed veterinarian
performing acts which are consistent with the particular delegated animal
health care task;

(7) State agencies, accredited schools, institutions, foundations,
business corporations or associations, physicians licensed to practice
medicine and surgery in all its branches, graduate doctors of veterinary
medicine, or persons under the direct supervision thereof from conducting
experiments and scientific research on animals in the development of
pharmaceuticals, biologicals, serums, or methods of treatment, or
techniques for the diagnosis or treatment of human ailments, or when
engaged in the study and development of methods and techniques directly
or indirectly applicable to the problems of the practice of veterinary
medicine;

(8) Any veterinary technician, duly registered by, and in good standing
with, the board from administering medication, appliances or other
products for the treatment of animals while under the appropriate level
of supervision as is consistent with the delegated animal health care
task; and

(9) A consulting veterinarian while working in a consulting capacity in
Missouri while under the immediate supervision of a veterinarian licensed
and in good standing under sections 340.200 to 340.330.

2. Nothing in sections 340.200 to 340.330 shall be construed as limiting
the board's authority to provide other exemptions or exceptions to the
requirements of licensing as the board may find necessary or appropriate
under its rulemaking authority. (L. 1992 H.B. 878 § 9, A.L. 1999 S.B. 424)

1. No person registered as a veterinarian in Missouri shall
engage in the practice of veterinary medicine, as authorized in this
chapter, across state lines, except as herein provided.

2. For purposes of this chapter, the "practice of veterinary medicine
across state lines" means:

(1) The rendering of a written or otherwise documented veterinary medical
opinion concerning the diagnosis or treatment of a patient within this
state by a veterinarian located outside this state as a result of
transmission of individual patient data by electronic, telephonic, or
other means from within this state or any other state to such
veterinarian or veterinarian's agent; or

(2) The rendering of treatment to a patient within this state by a
veterinarian located outside this state as a result of transmission of
individual patient data by electronic, telephonic, or other means from
within this state or any other state to such veterinarian or
veterinarian's agent.

3. A veterinarian located outside this state shall not be required to
obtain a license when:

(1) In consultation with a veterinarian licensed to practice veterinary
medicine in this state; and

(2) The veterinarian licensed in this state retains the ultimate
authority and responsibility for the diagnosis and/or treatment in the
care of the patient located within this state; or

(3) Evaluating a patient or rendering an oral, written, or otherwise
documented veterinary medical opinion when providing testimony or records
for the purpose of any civil or criminal action before any judicial or
administrative proceeding in this state or other forum in this state. (L.
2004 H.B. 869)

The use of any title, words, abbreviations, letters or symbol in
a manner or under circumstances which induce the reasonable belief that
the person using them is qualified to do any act described in subdivision
(24) of section 340.200 is prima facie evidence of the intention to
represent such person as engaged in the practice of veterinary medicine
under sections 340.200 to 340.330. (L. 1992 H.B. 878 § 10)

It is considered the practice of veterinary medicine to use any
invasive procedure to remove any embryo from an animal for the purpose of
transplanting such embryo into another female animal or for the purpose
of cryopreserving such embryo, or to implant such embryo into an animal.
It is not considered the practice of veterinary medicine for a person or
that person's full-time employees to remove an embryo from the person's
own animal for the purpose of transplanting or cryopreserving such embryo
or to implant an embryo into the person's own animal; however, ownership
of the animal shall not be transferred or the employment of any person
changed for the purpose of circumventing sections 340.200 to 340.330. (L.
1992 H.B. 878 § 11, A.L. 1999 S.B. 424)

A supervisor, as defined in subdivision (17) of section 340.200,
is individually and separately responsible and liable for the performance
of the acts delegated to and the omissions of the veterinary technician,
veterinary medical candidate, temporary licensee, veterinary medical
preceptee, unregistered assistant or any other individual working under
his or her supervision. Nothing in this section shall be construed to
relieve veterinary technicians, veterinary medical candidates,
provisional licensees, temporary licensees, veterinary medical preceptees
or unregistered assistants of any responsibility or liability for any of
their own acts or omissions. (L. 1992 H.B. 878 § 12, A.L. 1999 S.B. 424)

Nothing in sections 340.200 to 340.330 shall be construed as
limiting the board's authority to establish additional physical
requirements or minimum standards by rulemaking for any facility listed
in sections 340.200 to 340.330 or for any place, unit or setting from
which the practice of veterinary medicine is conducted. (L. 1992 H.B. 878
§ 13)

1. A licensed veterinarian may practice veterinary medicine as
an employee of a corporation, partnership or other business organization
only so long as the articles of incorporation, partnership agreement or
business organization documents clearly state that the licensed
veterinarian is not subject to the direction of anyone not licensed to
practice veterinary medicine in Missouri in making veterinary medical
decisions or judgments.

2. The provisions of subsection 1 of this section do not apply to:

(1) A veterinarian treating his or her employer's animals;

(2) A veterinarian employed by an agency of the federal or state
government or any political subdivision thereof; or

(3) A veterinarian employed by a licensed research facility.

3. The provisions of subsection 1 of this section do not apply to any
partnership, employee or owner if such partnership, employment or
ownership is in existence and has been in existence for a period of six
months prior to August 28, 1992. Such partnership, employee or owner
shall be recognized by the board and continue existing operations if such
partnership, employee or owner complies with all other provisions of
sections 340.200 to 340.330.

4. The provisions of subsection 1 shall apply when any partnership of
record on August 28, 1992, changes because of death, dissolution,
removal, admittance of new partners or by any other means or when
employment or ownership is changed in any manner. (L. 1992 H.B. 878 § 14,
A.L. 1999 S.B. 424)

1. Any person desiring a license to practice veterinary medicine
in the state of Missouri shall make a written application to the board on
forms to be provided by the board. The board shall provide such forms
without charge upon the applicant's request.

2. Each application shall contain a statement that is made under oath or
affirmation that representations made therein are true, correct and
contain no material omissions of fact to the best knowledge and belief of
the person making the application and whose signature shall be subscribed
thereto. Any person who knowingly submits false information, information
intended to mislead the board, or omits a material fact on the
application shall be subject to penalties provided for by the laws of
this state for giving a false statement under oath or affirmation, in
addition to any actions which the board may take pursuant to the
provisions of sections 340.200 to 340.330.

3. To qualify for licensure under sections 340.200 to 340.330, the
application must show that the applicant:

(1) Is a person of good moral character;

(2) Is a graduate of an accredited school of veterinary medicine;

(3) Has completed a veterinary candidacy program after graduation under
the supervision of a veterinarian licensed and in good standing in any
state, territory or district of the United States. The supervising
veterinarian shall submit an affidavit to the board stating that the
applicant has satisfactorily completed the veterinary candidacy program.
If the applicant submits satisfactory proof that he or she has completed
a student preceptor program recognized and approved by the board before
graduation, the board may waive the veterinary candidacy requirement; and

(4) Has passed an examination or examinations as prescribed by board
rule. The examination or examinations shall be designed to test the
examinee's knowledge of, and proficiency in, subjects and techniques
commonly taught in schools of veterinary medicine, the requirements of
sections 340.200 to 340.330, other related statutes and administrative
rules and other material as determined by the board. An examinee must
demonstrate scientific, practical and legal knowledge sufficient to
establish for the board that the examinee is competent to practice
veterinary medicine. The examination or examinations will only be given
in the English language. Applications for examination shall be in
writing, on a form furnished by the board and shall include evidence
satisfactory to the board that the applicant possesses the qualifications
set forth in this section.

4. The board may require such other information and proof of a person's
fitness as it deems necessary. (L. 1992 H.B. 878 § 15, A.L. 1999 S.B. 424)

Graduates of nonaccredited colleges of veterinary medicine
located outside the United States, its territories and Canada shall
furnish proof which is satisfactory to the board that the applicant has:

(1) Earned and currently holds an Educational Commission of Foreign
Veterinarian Graduate (ECFVG) certificate provided by the AVMA;

(2) Completed a veterinary candidacy program; and

(3) Passed the national certifying examination or examinations with a
score at least equal to the passing score required for licensure in
Missouri. (L. 1992 H.B. 878 § 16, A.L. 1994 H.B. 1317 merged with S.B.
587, A.L. 1999 S.B. 424)

1. The application shall be accompanied by registration and
examination fees as established by board rule pursuant to section
340.210. The registration fee shall not be returned if the applicant is
admitted to the practice of veterinary medicine but shall be deemed to
include payment of the registration fee for the remainder of the
licensing period in which the applicant is admitted.

2. The examination fee shall be returned to the applicant if the board
determines that the applicant is not qualified to sit for the
examination. However, the examination fee shall not be returned if the
board denied the application because the applicant provided false
information.

3. If an applicant fails an examination, the applicant shall:

(1) Pay examination fees for each subsequent application;

(2) Wait for some period of time as prescribed by board rule from the
date of the failed examination to take the next examination; and

(3) Prior to the fourth and final attempt at passage, present to the
board a plan for passage and evidence of completion of at least thirty
hours of board-approved continuing education since last sitting for the
examination or in the calendar year preceding the final application. (L.
1992 H.B. 878 § 17, A.L. 1999 S.B. 424)

1. If the board determines that the applicant possesses the
proper qualifications as set forth in subsection 3 of section 340.228, it
shall admit the applicant to the next scheduled examination .

2. Applicants shall submit an application and the registration and
examination fees at least sixty days prior to taking the examination.

3. The board shall establish the requirements for a passing score on the
examination. In order for a previous examination score to be transferred
for a current licensing period, the score must have been received within
five years prior to the application. If that passing score was not
received within three attempts, the board may require the applicant to
appear before the board or submit evidence that the applicant has
completed at least thirty hours of board-approved continuing education.
The board shall have sole discretion on whether to accept for transfer a
score from another state's licensing authority.

4. If all the other requirements of sections 340.200 to 340.330 have been
met, the board shall issue licenses to the persons who successfully
completed the examination. The executive director shall record the new
licenses.

5. If the board determines that the applicant is eligible for licensure
without examination through the reciprocity provision of section 340.238,
the board may grant the applicant a license without examination. (L. 1992
H.B. 878 § 18, A.L. 1999 S.B. 424)

1. If the board determines that an applicant is not qualified to
sit for the examination or for licensure under section 340.238, the
executive director shall notify the applicant in writing. The
notification shall include specific findings of the board as to the
applicant's failure to qualify, inform the applicant that he or she may
request a hearing before the board on the question of the applicant's
qualifications, and inform the applicant of his or her right, pursuant to
section 621.120, RSMo, to file a complaint with the administrative
hearing commission.

2. No person shall be refused a license to practice veterinary medicine
in the state of Missouri because of race, creed, sex, color or national
origin. (L. 1992 H.B. 878 § 19, A.L. 1999 S.B. 424)

1. The board may issue a license to practice veterinary medicine
to an applicant, without examination, if the applicant submits proof
satisfactory to the board of the following requirements for licensure by
reciprocity:

(1) The applicant has been actively engaged in the profession in another
state, territory, district or province of the United States or Canada for
a period of at least five consecutive years immediately prior to making
application in Missouri and provides the board with a complete listing of
all locations of all previous places of practice and licensure in
chronological order;

(2) A certificate from the proper licensing authority of the other state,
territory, district or province of the United States or Canada certifying
that the applicant is duly licensed, that the applicant's license has
never been suspended, revoked, surrendered, or placed on probation,
whether voluntarily or not, and that, insofar as the records of that
authority are concerned, the applicant is entitled to its endorsement;

(3) The standards for admission to practice veterinary medicine of the
state, territory, district or province of the United States or Canada in
which the applicant is currently licensed were equal to or more stringent
than the requirements for initial registration in Missouri at the time of
the applicant's initial registration.

2. Even if the applicant has submitted proof of the qualifications in
subsection 1 of this section, the board may by rule require any applicant
under this section to take any examination, oral or written, or practical
examination if such examination is required for an applicant seeking
licensure by examination pursuant to the provisions of sections 340.200
to 340.330.

3. The board may negotiate reciprocal compacts with licensing boards of
other states, territories, districts or provinces of the United States or
Canada for admission to the practice of veterinary medicine.

4. To determine the admission standards of other states, territories,
districts or provinces of the United States or Canada, the executive
director shall gather information as directed by the board pertaining to
such standards. The board may contract with persons to assist the board
in obtaining and evaluating such information and material.

5. The board may issue a license upon payment of a fee for licensure by
reciprocity, if the applicant meets the requirements of this section and
other provisions of sections 340.200 to 340.330.

6. If the board determines that an applicant is not qualified to be
licensed under this section, the executive director shall immediately
notify the applicant in writing. The notification shall include specific
findings of the board as to the applicant's failure to qualify under this
section, that the applicant may request a hearing before the board on the
question of the applicant's qualifications, that the applicant may
otherwise be considered for licensure after examination as provided in
section 340.240* and of the applicant's right pursuant to section
621.120, RSMo, to file a complaint with the administrative hearing
commission. (L. 1992 H.B. 878 § 20, A.L. 1999 S.B. 424)

*Section 340.240 was repealed by S.B. 424, 1999.

A provisional license may be issued to a qualified applicant for
licensure pending examination results and completion of the veterinary
candidacy program, or who has otherwise applied for licensure by grade
transfer, reciprocity, or examination, if the applicant meets all other
required qualifications for licensure in sections 340.200 to 340.330;
provided that the applicant is working under the supervision of a
licensed veterinarian in good standing. Such supervision shall be
consistent with the delegated animal health care task. A provisional
license shall expire one year after the date of issuance. A provisional
license shall not be issued to individuals applying for faculty
licensure. (L. 1992 H.B. 878 § 23, A.L. 1999 S.B. 424, A.L. 2004 H.B. 869)

1. Notwithstanding any other provisions of law to the contrary,
the board may issue a veterinary faculty license to any qualified
applicant associated with the University of Missouri-Columbia, College of
Veterinary Medicine and involved in the instructional program of either
undergraduate or graduate veterinary medical students, subject to the
following conditions:

(1) The holder of the veterinary faculty license is compensated for the
practice aspects of his or her services solely from the state, federal or
institutional funds and not from the patient-owner beneficiary of his or
her practice efforts;

(2) The applicant furnishes the board with such proof as the board may
deem necessary to demonstrate that:

(a) The applicant is a graduate of a reputable school or college of
veterinary medicine;

(b) The applicant has or will have a faculty position at one of this
state's institutions of higher learning and will be involved in the
instructional program of either undergraduate or graduate veterinary
medical students, as certified by an authorized administrative official
at such institution; and

(c) The applicant understands and agrees that the faculty license is
valid only for the practice of veterinary medicine as a faculty member of
the institution; and

(3) The applicant takes and passes the state board examination.

2. The license issued pursuant to this section may be revoked or
suspended or the licensee may be otherwise disciplined in accordance with
the provisions of this chapter.

3. The license issued pursuant to this section shall be canceled by the
board upon receipt of information that the holder of the veterinary
faculty license has left or has otherwise been discontinued from faculty
employment at an institution of higher learning in this state. (L. 1999
S.B. 424)

1. If a licensed veterinarian of another state is not under
discipline or investigation, the board may issue a temporary license to
such veterinarian exclusively to permit the veterinarian to provide
veterinary medical services for a specific animal owner in Missouri. The
license is limited to the animals of the specific owner identified in the
application. The temporary license shall expire one hundred twenty days
after it is issued. Upon request of the applicant, the board may renew
the temporary license for an additional ninety days.

2. When a licensed veterinarian of another state applies for a temporary
license under this section, the applicant shall designate the secretary
of state as the applicant's agent for the purpose of service of process
in any action or proceeding against the applicant arising out of any
transaction or operation connected with, or incidental to, the practice
of veterinary medicine pursuant to such temporary license.

3. Only one temporary license may be issued to any person at the same
time.

4. The employer identified on the application for a temporary license
issued pursuant to this section shall notify the board within ten days if
the employment ceases at the place of employment designated on the
temporary license. (L. 1992 H.B. 878 § 24, A.L. 1999 S.B. 424)

The rights granted by the board to a holder of a temporary or
provisional license under sections 340.246 and 340.248 are exclusive. A
temporary or provisional license issued under sections 340.246 and
340.248 may be revoked by a majority vote of the board without a hearing.
The board's exclusive authority shall be clearly stated on the temporary
or provisional license and the application and is a condition for the
issuance of a temporary or provisional license. (L. 1992 H.B. 878 § 25,
A.L. 1999 S.B. 424)

A person issued a license, certificate, permit or other
authority issued under sections 340.200 to 340.330 shall conspicuously
display such license, certificate, permit or other authority in the
person's principal place of business or employment or as otherwise
provided for by board rule. Such person shall exhibit such license,
certificate, permit or other authority upon demand by any member of the
board or its authorized agent. (L. 1992 H.B. 878 § 26, A.L. 1999 S.B. 424)

Any person holding a valid license, certificate, permit or other
authority regulated under the provisions of sections 340.200 to 340.330
on August 28, 1992, shall be recognized by the board and shall be
entitled to retain any existing status so long as the person complies
with the provisions of sections 340.200 to 340.330 and board rules
promulgated pursuant to sections 340.200 to 340.330. (L. 1992 H.B. 878 §
27, A.L. 1999 S.B. 424)

Any veterinarian licensed under sections 340.200 to 340.330 who
is not practicing or involved in any aspect, administrative or otherwise,
of veterinary medicine in Missouri, as defined in section 340.200, may
request that his or her license be placed on an inactive status. Any
veterinarian requesting his or her license to be placed on an inactive
status shall file an affirmation with the board stating that he or she
will not engage in the practice or be involved in any aspect,
administrative or otherwise, of veterinary medicine in Missouri. To renew
such inactive license, the person shall submit an application for
licensure renewal, pay the renewal fee, and submit approved continuing
education hours as required by rule of the board. (L. 2004 H.B. 869)

Any person licensed under sections 340.200 to 340.330 who
retires from any profession regulated by sections 340.200 to 340.330
shall file an affidavit stating the date of retirement and any other
information required by the board in order to verify such retirement. Any
person filing the affidavit as required by this section, does not need to
renew his or her license as required by section 340.258. If such person
decides to again practice his or her profession, the person must renew
his or her license prior to performing any act or practice regulated by
sections 340.200 to 340.330. (L. 1992 H.B. 878 § 28, A.L. 1999 S.B. 424)

1. Every license issued under the provisions of sections 340.200
to 340.330 shall expire annually or as otherwise established by board
rule but may be renewed by the licensee upon application to the board for
renewal and payment of renewal fees, subject to the provisions of this
section. The board shall not renew any license unless the licensee
provides satisfactory evidence that he or she has complied with the
board's minimum requirements for continuing education.

2. At least thirty days prior to the expiration date, the executive
director shall send a notice of renewal and an application for renewal to
each licensee of record. The notice and application shall be mailed to
the licensee's last known business address. Neither the failure to mail
nor the failure to receive the notice and application shall relieve any
licensee of the duty to make application for renewal or to pay the
necessary renewal fee. The failure to mail or to receive the notice and
application will not exempt the licensee from the penalties provided by
sections 340.200 to 340.330 for failure to promptly renew such license.

3. The applicant shall disclose on the application for renewal:

(1) Applicant's full name;

(2) Applicant's business and residence addresses;

(3) Date and number of applicant's license;

(4) Any disciplinary actions taken against the applicant by any state,
territory or district of the United States, or federal agency;

(5) Any felony criminal convictions;

(6) Any continuing educational credits; and

(7) Any other information deemed necessary by the board to assess the
applicant's fitness for license renewal.

4. The application shall be made under oath or affirmation and subject to
penalties provided for making a false statement under oath or
affirmation. Such penalties are in addition to and not in lieu of any
penalty or other discipline provided for in sections 340.200 to 340.330.

5. If a licensee fails to submit an application and fees within thirty
days of expiration of his or her license, the executive director shall
notify the licensee that the application and fees have not been received
and that the licensee's failure to respond within ten days will result in
* his or her license being declared noncurrent. The notification required
by this subsection shall be by certified mail, return receipt requested,
to the licensee's last known business and residence addresses. If the
application and fees are not received within ten days after the return
receipt is received, the licensee's license shall be declared noncurrent.
The executive director shall give notice to the licensee by certified
mail, return receipt requested, at the licensee's last known business and
residence addresses that his or her license has been declared noncurrent
and that the licensee shall not practice veterinary medicine until he or
she applies for reinstatement and pays the required fees. (L. 1992 H.B.
878 § 29, A.L. 1999 S.B. 424)

*Word "of" appears in original rolls.

If any person practices veterinary medicine after his or her
license is declared noncurrent pursuant to subsection 5 of section
340.258, he or she is subject to criminal prosecution as provided in
sections 340.200 to 340.330. Such criminal prosecution shall be in
addition to any penalty or other discipline provided for in sections
340.200 to 340.330. (L. 1992 H.B. 878 § 30, A.L. 1999 S.B. 424)

If a person is otherwise eligible to renew his or her license,
the person may renew an expired license within two years of the date of
expiration. To renew such expired license, the person shall submit an
application for renewal, pay the renewal fee, pay a delinquent renewal
fee, pay a penalty fee, and submit approved continuing education hours as
required by rule of the board. Upon a finding of extenuating
circumstances, the board may waive the payment of the penalty fee;
however, nothing in this section shall be construed as requiring such
waiver. If more than two years have lapsed since the date the license
expired, the license may not be renewed. The holder of such expired
license must apply under the procedures for a new license pursuant to
sections 340.200 to 340.330. (L. 1992 H.B. 878 § 31, A.L. 1999 S.B. 424,
A.L. 2004 H.B. 869)

1. The board may refuse to issue or renew any certificate of
registration or authority, permit or license required pursuant to
sections 340.200 to 340.330 for one or any combination of causes stated
in subsection 2 of this section. The board shall notify the applicant in
writing of the reasons for the refusal and shall advise the applicant of
his or her right to file a complaint with the administrative hearing
commission as provided by chapter 621, RSMo.

2. The board may file a complaint with the administrative hearing
commission as provided by chapter 621, RSMo, against any holder of any
certificate of registration or authority, permit or license required by
sections 340.200 to 340.330 or any person who has failed to renew or has
surrendered his or her certificate of registration or authority, permit
or license for any one or combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by sections
340.200 to 340.330;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state, territory, district of the United States, or the
United States, for any offense reasonably related to the qualifications,
functions or duties of any profession licensed or regulated under
sections 340.200 to 340.330 or for any offense for which an essential
element is fraud, dishonesty or an act of violence, or for any offense
involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to sections 340.200 to 340.330 or in obtaining permission to
take any examination given or required pursuant to sections 340.200 to
340.330;

(4) Misconduct, fraud, misrepresentation, dishonesty, unethical conduct
or unprofessional conduct in the performance of the functions or duties
of any profession licensed or regulated by sections 340.200 to 340.330,
including, but not limited to:

(a) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(b) Willfully and continually overcharging for services or overtreating
patients or charging for services which did not occur unless the services
were contracted for in advance, or for services which were not rendered
or documented in the patient's records, or charging for services which
were not consented to by the owner of the patient or the owner's agent;

(c) Willfully or continually performing inappropriate or unnecessary
treatment, diagnostic tests or medical or surgical services;

(d) Attempting, directly or indirectly, by intimidation, coercion or
deception to obtain or retain a patient or discourage the owner from
seeking a second opinion or consultation;

(e) Delegating professional responsibilities to a person who is not
qualified by training, skill, competency, age, experience, registration
or licensure to perform such responsibilities;

(f) Misrepresenting that any disease or ailment can be cured by a method,
procedure, treatment, medicine or device;

(g) Performing or prescribing medical services which have been declared
by board rule to be of no medical value;

(h) Final disciplinary action by any professional veterinary medical
association or society or licensed hospital or clinic or medical staff of
such hospital or clinic in this state or any other state or territory,
whether agreed to voluntarily or not, and including, but not limited to,
any removal, suspension, limitation, surrender, or restriction of a
license or staff or hospital or clinic privileges, failure to renew such
privileges or license for cause, or other final disciplinary action, if
the action was related to unprofessional conduct, professional
incompetence, malpractice or any other violation of sections 340.200 to
340.330;

(i) Dispensing, prescribing, administering or otherwise distributing any
drug, controlled substance or other treatment without sufficient
examination or establishment of a veterinarian-client-patient
relationship, or for other medically accepted therapeutic or experimental
or investigative purposes, or not in the course of professional practice,
or not in good faith to relieve pain and suffering, or not to cure an
ailment, physical infirmity or disease; or the dispensing, prescribing,
administering or distribution of any drug, controlled substance or other
treatment by anyone other than a properly licensed veterinarian, unless
such person is a properly registered veterinary technician, unregistered
assistant, or the patient's owner and then to be limited to
administration of drugs or other treatment under the supervision, control
or explicit instructions of a licensed veterinarian;

(j) Terminating the medical care of a patient without adequate notice to
the owner or without making other arrangements for the continued care of
the patient;

(k) Failing to furnish details of a patient's medical records to another
treating veterinarian, hospital, clinic, owner, or owner's agent upon
proper request or waiver by the owner or owner's agent, or failing to
comply with any other law relating to medical records; except,
radiographs prepared by the licensed veterinarian shall remain the
property of the veterinarian and shall be returned upon request or as
otherwise agreed between the veterinarian and client;

(l) Failure of any applicant or licensee to cooperate with the board
during any investigation, if such investigation does not concern the
applicant or licensee;

(m) Failure to comply with any subpoena or subpoena duces tecum from the
board or an order of the board;

(n) Failure to timely pay license or registration renewal fees as
specified in sections 340.200 to 340.330;

(o) Violating a probation agreement with the board or any other licensing
authority of this state, another state or territory of the United States,
or a federal agency;

(p) Violating any informal consent agreement for discipline entered into
by an applicant or licensee with the board or any other licensing
authority of this state, another state or territory of the United States,
or a federal agency;

(q) Failing to inform the board of any change in business or residential
address as required by sections 340.200 to 340.330 or administrative rule;

(r) Advertising by an applicant or licensee which is false or misleading,
or which violates any rules of the board, or which claims without
substantiation the positive cure of any disease, or professional
superiority to or greater skill than that possessed by any other
veterinarian;

(5) Any conduct or practice which is or might be harmful or dangerous to
the health of a patient;

(6) Incompetency, gross negligence or repeated negligence in the
performance of the functions or duties of any profession licensed or
regulated by sections 340.200 to 340.330. For purposes of this
subdivision, "repeated negligence" means the failure, on more than one
occasion, to use that degree of skill and learning ordinarily used under
the same or similar circumstances by members of the profession;

(7) Violation of, or attempting to violate, directly or indirectly, or
assisting, or enabling any person to violate, any provisions of sections
340.200 to 340.330, or any lawful rule or regulation adopted pursuant to
sections 340.200 to 340.330;

(8) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his
certificate of registration or authority, permit, license or diploma from
any school;

(9) Revocation, suspension, restriction, modification, limitation,
reprimand, warning, censure, probation or other final disciplinary action
against the holder of, or applicant for, a license or registration or
other right to practice any profession regulated by sections 340.200 to
340.330 or by another state, territory, federal agency or country,
whether or not voluntarily agreed to by the licensee or applicant,
including, but not limited to:

(a) Denial of licensure or registration;

(b) Surrender of the license or registration;

(c) Allowing the license or registration to expire or lapse; or

(d) Discontinuing or limiting the practice of veterinary medicine while
subject to an investigation or while actually under investigation by any
licensing authority, medical facility, insurance company, court, agency
of the state or federal government, or employer;

(10) Being adjudged incapacitated or disabled by a court of competent
jurisdiction;

(11) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by sections 340.200 to 340.330 who
is not licensed or registered and currently eligible to practice under
sections 340.200 to 340.330, or knowingly performing any act which aids,
assists, procures, advises, or encourages any person to practice
veterinary medicine who is not licensed or registered and currently
eligible to practice under sections 340.200 to 340.330;

(12) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;

(13) Failure to obtain, renew or display a valid certificate, license,
permit or notice if required;

(14) Violation of the drug laws or rules and regulations of this state,
any other state, territory, or the federal government;

(15) Knowingly or recklessly making or causing to be made, or aiding or
abetting in the making of a false statement or documentation in
connection with the birth, death, or health of any animal, executed in
connection with the practice of his or her profession or failure to file
such statements or documents with the proper officials of the federal or
state government as provided by law or any rule promulgated under
sections 340.200 to 340.330;

(16) Soliciting patronage in person or by agents, under his or her own
name or under the name of another, actual or pretended, in such a manner
as to confuse, deceive or mislead the public as to the need or
appropriateness of animal health care or services or the qualifications
of an individual person or persons to diagnose, render, or perform such
animal health care services;

(17) Failure or refusal to properly guard against contagious, infectious
or communicable diseases or the spread thereof;

(18) Maintaining an unsanitary office or facility, or performing
professional services under unsanitary conditions with due consideration
given to the place where the services are rendered;

(19) Practicing or offering to practice any profession or service
regulated by sections 340.200 to 340.330 independent of the supervision
and direction of a person licensed under sections 340.200 to 340.330 as a
veterinarian in good standing by any candidate for registration or person
registered to practice as a veterinary technician or engaged as an
unregistered assistant to a veterinarian;

(20) Treating or attempting to treat ailments or health conditions of
animals other than as authorized under sections 340.200 to 340.330 or
board rule by any candidate for registration or person registered to
practice as a veterinary technician or engaged as an unregistered
assistant to a licensed veterinarian;

(21) A pattern of personal use or consumption of any controlled substance
unless it is prescribed, dispensed or administered by a licensed
physician;

(22) Any revocation, suspension, surrender, limitation or restriction of
any controlled substance authority, whether agreed to voluntarily or not;

(23) Being unable to practice as a veterinarian or veterinary technician
with reasonable skill and safety to patients because of illness,
drunkenness, excessive use of drugs, narcotics, chemicals, or as a result
of any mental or physical condition;

(24) Violation of any professional trust or confidence;

(25) Failing to obtain or renew any facility permit or to maintain
mandatory requirements or minimum standards for any such facility as
required by sections 340.200 to 340.330 or board rule.

3. If the board files a complaint pursuant to subsection 2 of this
section, the proceedings shall be conducted in accordance with the
provisions of chapter 621, RSMo. If the administrative hearing commission
finds that grounds provided in this section are met, the board may either
singly or in combination:

(1) Warn, censure or place the person named in the complaint on probation
on such terms and conditions as the board deems appropriate for a period
not to exceed ten years;

(2) Suspend such license, certificate or permit for a period not to
exceed three years;

(3) Restrict or limit the license, certificate or permit for an
indefinite period of time;

(4) Revoke such license, certificate or permit;

(5) Administer a public or private reprimand;

(6) Deny the application for a license;

(7) Permanently withhold issuance of a license or certificate;

(8) Require the applicant or licensee to submit to the care, counseling
or treatment of physicians designated by the board at the expense of the
person to be examined;

(9) Require the person to attend such continuing educational courses and
pass such examinations as the board may direct. (L. 1992 H.B. 878 § 32,
A.L. 1999 S.B. 424)

If the board orders the license to be revoked, the board may
provide that the person may not apply for reinstatement of license,
certificate or registration, or permit for a period of at least one year
and not more than seven years following the date of the revocation. Any
stay order will toll the period of revocation. (L. 1992 H.B. 878 § 33)

Before restoring to good standing a license, certificate,
registration or permit issued under sections 340.200 to 340.330, which
has been revoked, suspended, surrendered or is in an inactive state for
any cause for more than two years, the board may require the applicant to
attend such continuing education courses and pass such examinations as
the board may direct. (L. 1992 H.B. 878 § 34)

In any investigation, hearing or other proceeding to determine a
licensee's or applicant's fitness to practice, or in any investigation of
a complaint before the board, any record relating to any patient of the
licensee or applicant is discoverable by the board and admissible as
evidence notwithstanding any privilege to the contrary which such
licensee, applicant, or record custodian might otherwise invoke. (L. 1992
H.B. 878 § 35)

1. If the board, after notice and hearing, concludes that a
person has committed an act or is engaging in a course of conduct which
would be grounds for disciplinary action under section 340.264 and such
act or course of conduct constitutes a clear and present danger to the
public health, safety or welfare, the board may file a complaint before
the administrative hearing commission requesting an expedited hearing and
specifying the activities which give rise to the danger and the nature of
the proposed restriction or suspension of the person's license.

2. The administrative hearing commission shall conduct a preliminary
hearing within fifteen days after service of a complaint pursuant to
subsection 1 of this section, to determine whether the alleged activities
appear to constitute a clear and present danger to the public health,
safety or welfare which justifies that the person's license be
immediately restricted or suspended. The administrative hearing
commission shall issue its decision immediately after the hearing and
either grant the board the authority to suspend or restrict the license
or dismiss the action.

3. If the administrative hearing commission grants the board temporary
authority to restrict or suspend the license, the temporary authority
shall become final if the person does not request a full hearing within
thirty days of the preliminary hearing. If the person requests a full
hearing, the administrative hearing commission shall set a date for the
hearing pursuant to chapter 621, RSMo. (L. 1992 H.B. 878 § 36)

1. A license issued under sections 340.200 to 340.330 shall be
automatically revoked following a review of the record of the proceedings
by the board and upon a formal motion of the board:

(1) When the final trial proceedings are concluded where a person has
been adjudicated and found guilty, or has entered a plea of guilty or
nolo contendere whether or not a sentence is imposed:

(a) In a felony criminal prosecution under the laws of this state, the
laws of any other state, territory or district of the United States, or
the United States for any offense reasonably related to the
qualifications, functions or duties of the person licensed under sections
340.200 to 340.330;

(b) For any felony offense, for which an essential element is fraud,
dishonesty or an act of violence; or

(c) For any felony offense involving moral turpitude;

(2) Upon the final and unconditional revocation or surrender of the
person's license to practice the same profession in another state,
territory or district of the United States upon grounds for which
revocation is authorized in this state.

2. The license of such person shall be automatically reinstated if the
conviction, judgment or revocation is set aside upon final appeal in any
court of competent jurisdiction.

3. Any person who has been denied a license, certificate, permit or other
authority to practice a profession in another state, if such profession
in this state is regulated pursuant to sections 340.200 to 340.330, shall
automatically be denied a license to practice such profession in this
state; however, the board may establish qualifications whereby such
person may be qualified and licensed to practice such profession in this
state. (L. 1992 H.B. 878 § 37)

1. Upon application by the board, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
from:

(1) Offering to engage or engaging in the performance of any acts or
practice for which a license, certificate, permit or other authority is
required by sections 340.200 to 340.330 upon a showing that such acts or
practices were performed or offered to be performed* without a license,
certificate, permit or other authority; or

(2) Engaging in any practice authorized by a license, certificate, permit
or other authority issued pursuant to sections 340.200 to 340.330 upon a
showing that the holder presents a substantial probability of serious
danger to the health, safety or welfare of any resident of the state or
client or patient of the licensee.

2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county where the defendant resides. Any action
brought under this section shall be in addition to and not in lieu of any
penalty or other discipline provided for by sections 340.200 to 340.330
and may be brought concurrently with other actions to enforce sections
340.200 to 340.330. (L. 1992 H.B. 878 § 38)

*Words "to perform" appear in original rolls rather than "to be
performed".

1. Upon written application to the board showing cause
justifying relicensing and reinstatement, any person whose license has
been revoked or suspended by the board may be relicensed or reinstated at
any time without examination by a majority vote of the full board.

2. Nothing in subsection 1 of this section shall be construed as
requiring the board to reinstate a license due to a showing of
justification. Such relicensing or reinstatement is within the sole
discretion of the board.

3. The board may condition such reinstatement or relicensing as it deems
appropriate under the circumstances, including, but not limited to,
restricting or limiting the person's practice or placing the person on
probation under terms and conditions set by the board. (L. 1992 H.B. 878
§ 39)

1. The chairman or vice chairman of the board may administer
oaths, subpoena witnesses, issue subpoenas duces tecum and require
production of documents and records pertaining to complaints or
investigations. Subpoenas, including subpoenas duces tecum, shall be
served by a person so authorized to serve subpoenas of courts of records.
In lieu of requiring attendance of a person to produce original documents
in response to a subpoena duces tecum, the board may require sworn copies
of such documents to be filed with it or delivered to its designated
representative.

2. The board may enforce its subpoenas, including a subpoena duces tecum,
by applying to a circuit court of Cole County, the county of
investigation, hearing or proceeding, or any county where the person
resides or may be found, for an order upon any person who shall fail to
obey a subpoena to show cause why such subpoena should not be enforced.
The order and a copy of the application therefor shall be served upon the
person in the same manner as a summons in a civil action. If the circuit
court, after a hearing, determines that the subpoena should be sustained
and enforced, such court shall proceed to enforce the subpoena in the
same manner as though the subpoena had been issued in a civil case in the
circuit court. (L. 1992 H.B. 878 § 40)

Any person who in good faith and without malice reports,
provides information or cooperates in any manner with the board, or
assists the board in any manner, including, but not limited to,
applicants or licensees, whether or not the applicant or licensee is the
subject of an investigation, record custodians, consultants, attorneys,
board members, agents, employees, staff or expert witnesses, in the
course of any investigation, hearing or other proceeding conducted by or
before the board pursuant to the provisions of sections 340.200 to
340.330 shall not be subject to an action for civil damages and no cause
of action shall arise against him as a result thereof. (L. 1992 H.B. 878
§ 41)

Any person who provides veterinary medical services shall
prepare and maintain medical records for any patient. Such records shall
meet or exceed the minimum standards as established by board rule. (L.
1992 H.B. 878 § 42)

1. Except as otherwise provided for under section 340.270 or by
board rule, no veterinarian licensed under the provisions of sections
340.200 to 340.330 shall be required to disclose any information
concerning the veterinarian's care of an animal, except on written
authorization or other waiver by the veterinarian's client or on
appropriate court order or subpoena or as may be required to ensure
compliance with any other federal or state law.

2. Any veterinarian releasing information under written authorization or
other waiver by the client or under court order or subpoena shall not be
liable to the client or any other person for claims arising as a result
of releasing such information.

3. The privilege provided by this section shall be waived to the extent
that the owner of the animal places the veterinarian's care and treatment
of the animal or the nature and extent of injuries to the animal at issue
in any civil or criminal proceeding. (L. 1992 H.B. 878 § 43)

Any veterinarian duly registered pursuant to sections 340.200 to
340.330 who gratuitously and in good faith gives emergency treatment to a
sick or injured animal at the scene of an accident or emergency shall not
be liable in any civil action for damages to the owner of such animal.
This section is not intended to provide immunity for acts which
constitute gross negligence. (L. 1999 S.B. 424)

1. Any animal placed in the custody of a licensed veterinarian
for treatment, boarding or other care, which is unclaimed by its owner or
its owner's agent for more than ten days after written notice by
certified mail, return receipt requested, is sent to the owner or owner's
agent at the person's last known address shall be deemed to be abandoned.
Such abandoned animal may be turned over to the nearest humane society or
animal shelter, or otherwise disposed of or destroyed by the licensed
veterinarian in a humane manner.

2. If notice is sent pursuant to subsection 1 of this section, the
licensed veterinarian or any custodian of such abandoned animal is
relieved of any further liability for disposal. If a licensed
veterinarian follows the procedures of this section, the veterinarian
shall not be subject to disciplinary action under sections 340.200 to
340.330 unless such licensed veterinarian fails to provide the proper
notification to the owner or owner's agent.

3. For the purposes of this section, the term "abandoned" means to
forsake entirely, to neglect or refuse to provide or perform legal
obligations for the care and support of an animal, or to refuse to pay
for treatment or other services without an assertion of good cause. Such
abandonment shall constitute the relinquishment of all rights and claims
by the owner to such animal.

4. If an animal should die while in the custody of a licensed
veterinarian for the purpose of treatment, boarding or other care, the
licensed veterinarian may perform necropsy after reasonable attempts to
notify the owner and obtain permission have failed. The licensed
veterinarian shall maintain or otherwise store the corpse for a period of
at least three days following such death or three days after notification
to the owner, whichever is longer, after which time the corpse may be
disposed of in any lawful manner.

5. The disposal of an abandoned or deceased animal shall not relieve the
owner or owner's agent of any financial obligation incurred for
treatment, boarding or other care provided by the veterinarian. (L. 1992
H.B. 878 § 44, A.L. 1999 S.B. 424)

No judicial or administrative proceeding pending prior to August
28, 1992, shall be abated as a result of the repeal of chapter 340 and
the enactment of sections 340.200 to 340.330. (L. 1992 H.B. 878 § 45)

If any clause, sentence, paragraph, section or part of sections
340.200 to 340.330 or the application thereof to any person or
circumstances shall for any reason be adjudged by any court of competent
jurisdiction to be unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, and the application
thereof to other persons or circumstances, but shall be confined in its
operation to the clause, sentence or paragraph, section or part thereof
involved in the controversy, in which such judgment shall have been
rendered and to the person or circumstances involved, except as provided
in section 340.210. (L. 1992 H.B. 878 § 46)

Any person who violates any provision of sections 340.200 to
340.330 shall, upon conviction in a court of competent jurisdiction, be
adjudged guilty of a class A misdemeanor for each offense. The unlawful
practice of veterinary medicine shall be deemed a separate offense for
each animal treated by any person engaged in such unlawful practice. (L.
1992 H.B. 878 § 47)

The Missouri veterinary medical board shall be responsible for
registering any person who wishes to practice as a veterinary technician
in this state and shall limit, restrict, supervise and define such
practice by board rule as the board deems appropriate and necessary for
the protection of the public health, safety and general welfare. (L. 1992
H.B. 878 § 48)

All provisions of sections 340.200 to 340.296 shall be
applicable to licensed veterinarians and registered veterinary
technicians, except as otherwise specifically provided for in sections
340.298 to 340.330. Whenever the term "veterinarian" or "veterinary
practice" is used in sections 340.200 to 340.300, it shall mean
veterinary technician or the practice of a veterinary technician. (L.
1992 H.B. 878 § 49)

1. Any person desiring to be registered as a veterinary
technician in the state of Missouri shall submit a written application to
the board. Such application shall be on forms furnished by the board
without charge.

2. Each application shall contain a statement that is made under oath or
affirmation that representations made therein are true, correct and
contain no material omissions of fact to the best knowledge and belief of
the person making the application and whose signature shall be subscribed
thereto. Any person who knowingly submits false information, information
intended to mislead the board, or omits a material fact on the
application shall be subject to penalties provided for by the laws of
this state for giving a false statement under oath or affirmation; such
penalty is in addition to and not in lieu of any action which the board
takes pursuant to the provisions of sections 340.200 to 340.330.

3. To qualify to be registered as a veterinary technician pursuant to
this section, the application must show that the applicant:

(1) Is at* least eighteen years of age;

(2) Is of good moral character;

(3) Has successfully completed a college level course of study in
veterinary technology in a school having a curriculum approved by the
board or a college level course in the care and treatment of animals
which is accredited by the AVMA; and

(4) Has passed an examination or examinations as prescribed by board
rule. The examination or examinations shall be designed to test the
examinee's knowledge of, proficiency in, subjects and techniques commonly
taught in schools providing a curriculum in veterinary technology,
familiarity with the requirements of sections 340.200 to 340.330, related
statutes and board rules, and other material as determined by the board.
An examinee must demonstrate scientific, practical and legal knowledge
sufficient to establish to the board that the applicant is competent to
practice as a veterinary technician. Applications for examination shall
be in writing, on a form furnished by the board and shall include
evidence satisfactory to the board that the applicant possesses the
qualifications set forth in subdivisions (1), (2) and (3) of this
subsection.

4. The board may require additional information and proof of a person's
fitness and qualifications by board rule. (L. 1992 H.B. 878 § 50, A.L.
1999 S.B. 424)

*Word "at" does not appear in original rolls.

1. The applicant for registration as a veterinary technician
shall submit with the application the registration and examination fees
as established by board rule pursuant to section 340.210. The
registration fee shall not be returned if the applicant is registered as
a veterinary technician but shall be deemed to include payment of the
registration fee for the remainder of the registration period in which
the applicant is admitted.

2. If the applicant has complied with the requirements of subsection 2 of
section 340.312, the examination fee shall be returned to the applicant
if the board determines that the applicant is not qualified to sit for
the examination. The examination fee shall not be returned if the board
denied the application because the applicant provided false information
in the application.

3. If an applicant fails an examination, the applicant shall:

(1) Pay examination fees for each subsequent application;

(2) Wait for some period of time as prescribed by board rule from the
date of the failed examination to take the next examination; and

(3) Prior to the fourth and final attempt at passage, present to the
board, for approval, a plan for passage and evidence of completion of at
least ten hours of board-approved continuing education taken since the
last examination since last sitting for the examination or in the
calendar year preceding the final application. (L. 1992 H.B. 878 § 51,
A.L. 1999 S.B. 424)

1. If the board determines that the applicant possesses the
proper qualifications, it shall admit the applicant to the next scheduled
examination.

2. If the board determines that an applicant is not qualified to sit for
the examination, the executive director shall notify the applicant in
writing. The notification shall include specific findings of the board as
to the applicant's failure to qualify, inform the applicant that he or
she may request a hearing before the board on the question of the
applicant's qualifications and inform the applicant of his or her right,
pursuant to section 621.120, RSMo, to file a complaint with the
administrative hearing commission.

3. No person shall be refused registration as a veterinary technician in
the state of Missouri because of race, creed, sex, color or national
origin. (L. 1992 H.B. 878 § 52, A.L. 1999 S.B. 424)

1. The board may issue a certificate of registration to an
applicant, without examination, if the applicant submits proof,
satisfactory to the board, that the applicant:

(1) Is currently registered in another state, territory, district or
province of the United States or Canada having standards for admission
substantially the same as the standards in Missouri, and that the
standards were in effect at the time the applicant was first admitted to
practice in the other state, territory, district or province of the
United States or Canada; and

(2) Has been employed and supervised by a licensed veterinarian for a
period of at least five consecutive years preceding the applicant's
application to practice as a veterinary technician in Missouri.

2. If the applicant has not been licensed in another state, territory,
district, or province of the United States or Canada for five consecutive
years, the board may determine that the applicant is eligible for
licensure by grade score transfer. For a previous examination score to be
transferred for a current licensing period, the score must be received
within the five-year period immediately preceding the application. If
such passing score is not received within three attempts, the board may
require the applicant to appear before the board and/or submit evidence
that the applicant has completed continuing education. (L. 1992 H.B. 878
§ 53, A.L. 1999 S.B. 424, A.L. 2004 H.B. 869)

1. Applicants shall submit an application and the registration
and examination fees at least sixty days prior to taking the examination.

2. The board shall establish by rule the score needed to pass all
examinations.

3. The executive director shall notify each examinee within ninety days
of the examination the results of the examination. If all the other
requirements of registration have been met, the board shall issue
certificates of registration to the persons who successfully completed
the examination. The executive director shall record the certificates and
hold the certificates until the applicant has met the requirements of
section 340.310. (L. 1992 H.B. 878 § 54, A.L. 1999 S.B. 424)

The board shall send a letter, signed by the board chairperson
or vice chairperson, to all successful examinees for registration as a
veterinary technician; however, the board shall not send a certificate of
registration until the applicant has submitted proof of employment and
supervision by a licensed* veterinarian. Upon receipt of such proof, the
executive director shall issue the certificate of registration. (L. 1992
H.B. 878 § 55)

*Word "byveterinared" appears in original rolls, an apparent printing
error.

1. If the technician leaves the employment or supervision of the
licensed veterinarian and is not employed by or supervised by another
licensed veterinarian within thirty days of the termination of his or her
employment, the technician's certificate shall be placed on inactive
status. It is the responsibility of the technician to inform the
executive director within thirty days of termination of his or her
employment. It is grounds for revocation of the technician's certificate
if he or she fails to notify the executive director of such termination.

2. Any veterinary technician in the state of Missouri whose certificate
has been on inactive status will be required to complete the required
continuing education credits in accordance with rules of the board, pay
all fees and meet all other requirements of sections 340.200 to 340.330
and board rules for registration as a veterinary technician. (L. 1992
H.B. 878 § 56, A.L. 1999 S.B. 424, A.L. 2004 H.B. 869)

1. The certificates issued to veterinary technicians pursuant to
sections 340.300 to 340.330 shall expire as established by board rule but
may be renewed upon application to the board for renewal and payment of
renewal fees.

2. At least sixty days prior to the expiration date, the executive
director shall send a notice of renewal and an application for renewal to
each certificate holder of record. The notice and application shall be
mailed to the certificate holder's last known business or residence
address. Failure to mail or to receive the notice and application does
not relieve any certificate holder of the duty to apply for renewal or to
pay the necessary renewal fee, nor will it exempt the certificate holder
from the penalties provided by sections 340.200 to 340.330 for failure to
promptly renew the certificate. (L. 1992 H.B. 878 § 57)

1. The application shall include the disclosure of:

(1) Applicant's full name;

(2) Place of employment;

(3) Supervisor's name, license number and signature;

(4) Business and residence addresses;

(5) Date and number of applicant's certificate;

(6) Any disciplinary actions taken against the applicant by any state,
territory or district of the United States or federal agency;

(7) Felony criminal convictions;

(8) Continuing educational credits; and

(9) Other information deemed necessary by the board to assess the
applicant's fitness for certificate renewal.

2. The application shall be made under oath or affirmation by the
applicant. The applicant is subject to penalties provided for under the
laws of this state for making a false statement under an oath or
affirmation, which shall be in addition to and not in lieu of any penalty
or other discipline provided for by sections 340.200 to 340.330. (L. 1992
H.B. 878 § 58)

If a certificate holder fails to submit an application and fees
within thirty days of expiration of the certificate, the executive
director shall notify the certificate holder that the application and
fees have not been received and that the certificate holder's failure to
respond within ten days will result in his or her certificate being
declared noncurrent. The notification shall be sent by certified mail,
return receipt requested, to the certificate holder's last known business
and residence addresses. If the application and fee is not received
within ten days after the return receipt is received, the certificate
shall be declared noncurrent and the executive director shall notify the
certificate holder of such declaration by certified mail, return receipt
requested, at the certificate holder's last known business and residence
addresses that his or her certification has been declared noncurrent and
that the certificate holder shall not practice as a veterinary technician
until he or she applies for reinstatement and pays the required fees. (L.
1992 H.B. 878 § 59, A.L. 1999 S.B. 424)

1. Any person who practices as a veterinary technician after his
or her certificate has been revoked pursuant to section 340.318 is in
violation of sections 340.200 to 340.330 and subject to criminal
prosecution as provided for under sections 340.200 to 340.330. Such
criminal penalty shall be in addition to and not in lieu of any penalty
or other discipline provided for under sections 340.200 to 340.330.

2. If a person is otherwise eligible to renew his or her certificate,
such person may renew an expired certificate within two years of the date
of expiration by submitting an application for renewal, payment of the
renewal fee, payment of delinquent renewal fees and payment of a penalty
fee as established by the board. A certificate may not be renewed if two
years have lapsed since the date the certificate expired. Such holder of
an expired certificate must make application for a new certificate. (L.
1992 H.B. 878 § 60, A.L. 1999 S.B. 424, A.L. 2004 H.B. 869)

If the veterinary technician is not employed and supervised by a
licensed veterinarian at the time for renewal, the certificate will be
placed on inactive status until the technician finds proper employment.
If the technician submits satisfactory proof that he or she has obtained
employment under the supervision of a licensed veterinarian, the board
shall issue a new certificate to the technician if the technician meets
all other requirements and qualifications for renewal. (L. 1992 H.B. 878
§ 61, A.L. 1999 S.B. 424)

The board shall not renew any certificate unless the holder
provides satisfactory evidence that he or she has complied with the
board's minimum requirements for continuing education. (L. 1992 H.B. 878
§ 62, A.L. 1999 S.B. 424)

Any person registered as a veterinary technician and while
practicing as a veterinary technician in this state must at all times be
under the supervision of a licensed veterinarian or a veterinarian exempt
from licensing under sections 340.200 to 340.330. The level of
supervision shall be consistent with the delegated animal health care
task. The board shall by rule establish, in general or specific terms as
it deems necessary, the animal health care tasks that veterinary
technicians may provide and the level of supervision that is required by
the licensed veterinarian for any delegated health care task. (L. 1992
H.B. 878 § 63)

Any veterinary technician duly registered pursuant to sections
340.200 to 340.330 who gratuitously and in good faith gives emergency
treatment to a sick or injured animal at the scene of an accident or
emergency shall not be in violation of sections 340.200 to 340.330 and
shall not be liable in any civil action for damages to the owner of such
animal. This section is not intended to provide immunity for acts which
constitute gross negligence. (L. 1992 H.B. 878 § 64)

The provisions and causes of actions as set forth under section
340.264 are applicable to veterinary technicians in all respects. The
board may, also, take disciplinary action against a veterinary technician
if the technician:

(1) Solicits patients from any licensed veterinarian;

(2) Solicits or receives any form of compensation from any person for
services rendered other than from the veterinarian under whom the
technician is employed;

(3) Willfully or negligently divulges a professional confidence or
discusses a veterinarian's diagnosis or treatment without the express
permission of the veterinarian; or

(4) Demonstrates a manifest incapability or incompetence to perform as a
veterinary technician. (L. 1992 H.B. 878 § 65)

1. Sections 340.335 to 340.350 establish a loan repayment
program for graduates of approved veterinary medical schools who practice
in areas of defined need and shall be known as the "Large Animal
Veterinary Medicine Loan Repayment Program".

2. The "Large Animal Veterinary Medicine Loan Repayment Program Fund" is
hereby created in the state treasury. All funds recovered from an
individual pursuant to section 340.347 and all funds generated by loan
repayments and penalties received pursuant to section 340.347 shall be
credited to the fund. The moneys in the fund shall be used by the
Missouri veterinary medical board to provide loan repayments pursuant to
section 340.343 in accordance with sections 340.335 to 340.350. (L. 2001
S.B. 462)

As used in sections 340.335 to 340.350, the following terms
shall mean:

(1) "Areas of defined need", areas designated by the board pursuant to
section 340.339, when services of a large animal veterinarian are needed
to improve the client-doctor ratio in the area, or to contribute
professional veterinary services to an area of economic impact;

(2) "Board", the Missouri veterinary medical board;

(3) "Large animal veterinarian", veterinarians licensed and registered
pursuant to this chapter, engaged in general or large animal practice as
their primary specialties, and who have at least fifty percent of their
practice devoted to large animal veterinary medicine. (L. 2001 S.B. 462)

The board shall designate counties, communities or sections of
rural areas as areas of defined need as determined by the board by rule.
(L. 2001 S.B. 462)

1. The board shall adopt and promulgate rules establishing
standards for determining eligible persons for loan repayment pursuant to
sections 340.335 to 340.350. Such standards shall include, but are not
limited to the following:

(1) Citizenship or permanent residency in the United States;

(2) Residence in the state of Missouri;

(3) Enrollment as a full-time veterinary medical student in the final
year of a course of study offered by an approved educational institution
in Missouri;

(4) Application for loan repayment.

2. The board shall not grant repayment for more than five veterinarians
each year. (L. 2001 S.B. 462)

1. The board shall enter into a contract with each individual
qualifying for repayment of educational loans. The written contract
between the board and an individual shall contain, but not be limited to,
the following:

(1) An agreement that the state agrees to pay on behalf of the
individual, loans in accordance with section 340.345 and the individual
agrees to serve for a time period equal to five years, or such longer
period as the individual may agree to, in an area of defined need, such
service period to begin within one year of the signed contract or
graduation by the individual with a degree of doctor of veterinary
medicine, whichever is later;

(2) A provision that any financial obligations arising out of a contract
entered into and any obligation of the individual which is conditioned
thereon is contingent upon funds being appropriated for loan repayments;

(3) The area of defined need where the person will practice;

(4) A statement of the damages to which the state is entitled for the
individual's breach of the contract;

(5) Such other statements of the rights and liabilities of the board and
of the individual not inconsistent with sections 340.335 to 340.350.

2. The board may stipulate specific practice sites contingent upon
board-generated large animal veterinarian need priorities where
applicants shall agree to practice for the duration of their
participation in the program. (L. 2001 S.B. 462)

1. A loan payment provided for an individual pursuant to a
written contract under the large animal veterinary medicine loan
repayment program shall consist of payment on behalf of the individual of
the principal, interest and related expenses on government and commercial
loans received by the individual for tuition, fees, books, laboratory and
living expenses incurred by the individual.

2. For each year of obligated services that an individual contracts to
serve in an area of defined need, the board may pay up to ten thousand
dollars on behalf of the individual for loans described in subsection 1
of this section.

3. The board may enter into an agreement with the holder of the loans for
which repayments are made under the large animal veterinary medicine loan
repayment program to establish a schedule for the making of such payments
if the establishment of such a schedule would result in reducing the
costs to the state.

4. Any qualifying communities providing a portion of a loan repayment
shall be considered first for placement. (L. 2001 S.B. 462)

1. An individual who has entered into a written contract with
the board or an individual who is enrolled in a course of study and fails
to maintain an acceptable level of academic standing in the educational
institution in which such individual is enrolled or voluntarily
terminates such enrollment or is dismissed from such educational
institution before completion of such course of study or fails to become
licensed pursuant to this chapter within one year after graduation shall
be liable to the state for the amount which has been paid on such
individual's behalf pursuant to the contract.

2. If an individual breaches the written contract of the individual by
failing either to begin such individual's service obligation or to
complete such service obligation, the state shall be entitled to recover
from the individual an amount equal to the sum of:

(1) The total of the amounts paid by the state on behalf of the
individual, including interest; and

(2) An amount equal to the unserved obligation penalty, which is the
total number of months of obligated service which were not completed by
an individual, multiplied by five hundred dollars.

3. The board may act on behalf of a qualified community to recover from
an individual described in subsections 1 and 2 of this section the
portion of a loan repayment paid by such community for such individual.
(L. 2001 S.B. 462)

No rule or portion of a rule promulgated pursuant to the
authority of sections 340.335 to 340.350 shall become effective unless it
has been promulgated pursuant to the provisions of chapter 536, RSMo. (L.
2001 S.B. 462)

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