CHAPTER Vet 100 ORGANIZATIONAL
RULES
PART Vet 101 PURPOSE AND SCOPE
Vet 101.01 Purpose. The rules of this title implement the
statutory responsibilities of the board of veterinary medicine under RSA 332-B,
the New Hampshire Veterinary Practice Act, which include but are not limited
to:
(a) Examination and licensing
of veterinarians;
(b) Oversight and discipline of
licensees and permittees;
(c) Development of ethical and
other professional standards to be followed by veterinarians;
(d) Development of continuing
professional education requirements and other prerequisites for the renewal or
reinstatement of licenses;
(e) Study and preservation of
information concerning the practice of veterinary medicine and the practice of
allied occupations; and
(f) Identification and
prevention of the unauthorized practice of veterinary medicine.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by 5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386,
eff 2-11-09; ss by #13269, eff 9-29-21
Vet 101.02 Scope.
(a) These rules shall apply to
all persons regulated by the board.
(b) The following shall be
deemed by the board, pursuant to RSA 332-B:2, to be accepted livestock
management practices and not the practice of veterinary medicine:
(1) Equine farrier services;
(2) Hoof trimming;
(3) Equine massage; and
(4) Equine filing or “floating”
of teeth by non-motorized hand tools without sedation.
Source. #7417,
eff 12-21-00; ss by #9386, eff
2-11-09
Vet 102.01 Terms Used. As used in these rules, the following terms
shall have the meanings indicated:
(a)
“Accredited veterinary medical program” means a school of veterinary
medicine or a veterinary medical education program that has been approved by
the American Veterinary Medical Association (AVMA);
(b)
“Accredited veterinary technology program” means a school of veterinary
technology or a veterinary technology education program or a veterinary nursing
program that has been approved by the AVMA;
(c)
“Animal” means “animal” as defined in RSA 332-B:1, I;
(d)
“Animal shelter” means a public or private humane society, animal
shelter, society for the prevention of cruelty to animals, animal protection or
control agency, or animal rescue group that provides shelter and care for
homeless animals;
(e)
“Approved program of continuing education” means an educational program
approved by the board or offered by an approved provider of continuing
education;
(f)
“Approved provider of continuing education” means any person,
professional association, university or college, corporation, or other entity
that has met the requirements of the board to provide educational courses that
are designed to assure continued competence in the practice of veterinary
medicine or veterinary technology;
(g)
“Board of veterinary medicine (Board)” means “Board” as defined in RSA
332-B:1, VIII;
(h)
“Client” means an entity, person, group, or corporation that has entered
into an agreement with a licensed veterinarian for the purposes of obtaining
veterinary medical services;
(i) “Clinical Competency Test (CCT)” means the
national clinical examination given prior to November 2000;
(j)
“Complainant” means the individual(s) submitting written allegations of
professional misconduct against a person licensed by the board;
(k)
“Complementary and alternative veterinary medicine or therapies” means a
heterogeneous group of preventive, diagnostic, and therapeutic philosophies and
practices that are not considered part of conventional veterinary medicine.
These therapies include but are not limited to:
(1) Veterinary acupuncture, acutherapy, and
acupressure;
(2) Veterinary homeopathy;
(3) Veterinary manual or manipulative therapy
such as therapies based on techniques practiced in osteopathy, chiropractic
medicine, or physical medicine and therapy;
(4) Veterinary nutraceutical therapy; and
(5) Veterinary phytotherapy;
(l)
“Consultation” means when a licensed veterinarian receives advice or
assistance in person, telephonically, electronically, or by any other method of
communication, from a licensed veterinarian or other person whose expertise, in
the opinion of the licensed veterinarian, would benefit an animal;
(m)
“Continuing education” means training which is designed to assure
continued competence in the practice of veterinary medicine or veterinary
technology;
(n)
“Continuing education contact hour” means a 50 to 60-minute clock hour
of instruction, not including breaks or meals;
(o)
“Conviction” means conviction of a crime by a court of competent
jurisdiction and includes a finding or verdict of guilt, whether
or not the adjudication of guilt is withheld or not entered on admission
of guilt, a consent plea, a plea of nolo contendere, or a guilty plea;
(p)
“Direct supervision” means supervision where the supervising
veterinarian is on the premises of the animal treatment facility and is
available on an immediate basis and has given written or oral instructions for
treatment of the animal patients involved;
(q)
“Educational Commission for Foreign Veterinary Graduates (ECFVG)” means
a program to test educational equivalency of graduates of non-AVMA accredited
schools;
(r)
“Examination” means a written or oral test approved by the board and
given to a veterinarian;
(s)
“Felony” means a criminal act as defined by this state or any other
state under federal law;
(t)
“Immediate supervision” means the supervising veterinarian is in the
immediate area and within audible and visual range of the animal patient and
the person treating the patient;
(u)
“Indirect supervision” means supervision where the supervising
veterinarian is not required to be in the same facility or in close proximity to the individual being supervised
but the supervising veterinarian:
(1) Has given written or oral instructions for
treatment of the animal patients involved; and
(2) Is available to provide supervision by
electronic or telephonic means; and
(3) Has arranged for telephonic consultation with
a licensed veterinarian, if necessary.
(v)
“Informed consent” means the licensed veterinarian has informed the
client or the client’s authorized representative, in a manner understood by the
client or representative, of the diagnostic and treatment options, risk
assessment, and prognosis, and has provided the client with an estimate of the
charges for veterinary services to be rendered and the client has consented to
the recommended treatment;
(w)
“Jurisdiction” means any commonwealth, state, or territory, including
the District of Columbia, of the United States of America, or any province of
Canada;
(x)
“Licensed veterinarian” means “licensed veterinarian” as defined in RSA
332-B:1, V;
(y)
“Licensure transfer” means the method whereby a veterinarian or a
veterinary technician currently licensed in another jurisdiction can also
become licensed as a veterinarian or veterinary technician in New Hampshire;
(z)
“Medical records” means all written or electronic progress notes,
laboratory results, documentation of informed client consent, cage charts,
dental charts, surgical reports, anesthesia reports, and diagnostic imaging
including, but not limited to, radiographs, ultrasound, and other images. The term excludes invoices and financial
documentation;
(aa)
“National Board Examination (NBE)” means the national examination given
prior to November 2000;
(ab)
“National Board of Veterinary Medical Examiners (NBVME)” means the
national board that establishes examinations for use by state veterinary
boards;
(ac)
“New Hampshire Professionals’ Health Program (NH PHP)” means the program
for substance abuse disorders, behavioral/mental health conditions and other
issues impacting the health and well-being of the licensee;
(ad)
“North American Veterinary Licensing Examination (NAVLE)” means the
national board examination first given in November 2000;
(ae)
“Permittee” means a person holding a temporary permit pursuant to RSA
332-B:12 and this term excludes licensed veterinarians;
(af) “Person” means “person” as defined in RSA
332-B:1, VII;
(ag)
“Practice of Veterinary Medicine” means “practice of veterinarian
medicine” as defined in RSA 332-B:1, III;
(ah)
“Premises” means veterinary facility as defined below;
(ai)
“Program for the Assessment of Veterinary Education” means “PAVE” as
defined in RSA 332-B:1, XII;
(aj) “Respondent” means a licensee, permittee, or
other person holding a right or privilege issued by the board who is the
subject of a board investigation or hearing;
(ak) “Specialist” means AVMA-recognized
board-certified veterinary specialist;
(al)
“Supervising veterinarian” means a licensed veterinarian who assumes
responsibility for the professional veterinary care performed by a person
working under his or her direction;
(am)
“Telemedicine” means the practice of veterinary medicine by any
electronic or telephonic or similar means;
(an)
“Veterinarian” means “veterinarian” as defined in RSA 332-B:1;
(ao) “Veterinarian-Client-Patient Relationship
(VCPR)” means the licensed veterinarian has assumed responsibility for making
medical judgements regarding the health of the animal(s) and the need for
medical treatment;
(ap)
“Veterinarian manager” is a licensed veterinarian who supervises the
management and operation of a veterinary facility. This term includes medical director;
(aq) “Veterinary assistant” means a person who
aids a veterinarian, veterinary nurse, or veterinary technician in patient care
and who is not qualified as a credentialed veterinary nurse or veterinary
technician;
(aq) “Veterinary facility” means any premises,
place, or facility where the practice of veterinary medicine is performed,
including but not limited to, a mobile clinic, outpatient clinic, humane
society, rescue, shelter, breeder, satellite clinic, or veterinary hospital or
clinic, or premises of a client;
(ar) “Veterinary Information Verifying Agency
(VIVA)” means the agency that keeps the national disciplinary database;
(as)
“Veterinary technician” means an individual who is trained through an AVMA accredited program and assists a veterinarian with diverse medical tasks and:
(1) Is a graduate of an AVMA
accredited veterinary technology or veterinary nursing program;
(2) Has passed the Veterinary
Technician National Exam (VTNE); and
(3) Is credentialed as having
the appropriate training and experience by a state government or an
organization recognized by the National Association of Veterinary Technicians
in America to issue the credential; or
(1) Has passed the VTNE prior
to May 2, 2026; and
(2) Is credentialed as having
the appropriate training and experience by a state government or an
organization recognized by the National Association of Veterinary Technicians
in America to issue the credential.
The term includes “veterinary nurse”.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386,
eff 2-11-09; ss by #13269, eff 9-29-21 (formerly Vet 102.02); ss by #13722, eff 10-15-23
PART Vet 103 AGENCY ORGANIZATION
Vet 103.01 Composition of the Board. Pursuant to RSA 332-B:3, I, the board shall
consist of 7 members who meet the eligibility requirements of RSA 332-B:3, I
and II. There are 5 practicing licensed veterinarians, one representative of
the general public unconnected with the veterinary
profession, and the state veterinarian, ex officio.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386,
eff 2-11-09; ss by #13269, eff 9-29-21
Vet 103.02 Officers.
(a)
The board elects a president for a one-year term commencing in
March. The president chairs the board's
meetings, establishes the order of its business and directs the activities of
its staff, consistent with the formal actions of the board.
(b)
The board elects a vice president for a one-year term commencing in
March. The vice president performs the
duties specified in RSA 332-B:5 and performs the duties of the president in the
absence of the president.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386,
eff 2-11-09; ss by #13269, eff 9-29-21
Vet 103.03 Office Location, Mailing Address and
Telephone.
(a)
The board's office is located at 7 Eagle Square, Concord, New Hampshire
03301 and is part of the Office of Professional licensure and
Certification. The office is open to the
public Monday through Friday, excluding holidays, during regular business
hours.
(b)
Correspondence shall be sent to the Office of Professional Licensure and
Certification at 7 Eagle Square, Concord New Hampshire 03301.
(c) The board's telephone number is (603)
271-3706.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386,
eff 2-11-09; ss by #13269, eff 9-29-21 (formerly Vet 103.04)
PART
Vet 104 REQUESTS FOR INFORMATION
Vet 104.01 Requests. The public may make requests for information
which shall be in writing, such as requests pursuant to RSA 91-A:4, the New
Hampshire Right to Know Law.
Source. #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21
Vet 104.02 Fees.
The Office of Professional Licensure and Certification shall charge the
fees listed in Plc 1001.01 for the copying of documents.
Source. #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21
CHAPTER Vet 200 RULES OF
PROCEDURE
PART Vet 201 FILING OF
COMPLAINTS
Vet 201.01 Commencement of Proceedings.
(a) The board shall consider all written
complaints alleging misconduct by licensees and permittees.
(b) Should the majority of
the board determine that a violation pursuant to RSA 332-B:14 might have
occurred based on any information that comes to its attention, and an inquiry
into the conduct of any licensee is warranted, the board shall initiate a
disciplinary investigation. If the board
believes there is credible evidence that a violation has occurred pursuant to
RSA 332-B:14, II, it shall take action pursuant to RSA 332-B:14, III.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.02)
Vet 201.02 Appointment of Investigator.
(a) The president shall appoint a board member,
or other person who has expertise in the area of the
alleged complaint and hired pursuant to RSA 332-B:7, V-a, to investigate a
written complaint or to conduct a board initiated-investigation.
(b) When a board member is appointed to act as
investigator, said member shall take no part in any subsequent decision of the
board regarding the matter.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES:6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.03)
Vet 201.03 Settlement During Investigation.
(a) When consistent with the board's
instructions, and the nature of the allegations involved, an investigator shall
engage a licensee or permittee, and a complainant, if any, in discussions which
might result in a mutually satisfactory settlement of the misconduct
allegations being investigated.
(b) If an agreement can be reached, the
investigator shall file a report with the board recommending that it approve
the settlement agreement.
(c) The board shall evaluate the nature and
severity of the complaint and consider the investigation settlement agreement
to see if the final action is appropriate for the seriousness of the complaint,
as agreed by the majority of the board.
(d) If the board declines to accept the
recommendation, the investigation shall continue or a hearing order shall be
issued.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.04)
Vet 201.04 Obligation to Answer Allegations.
(a)
At any time during an investigation or disciplinary hearing the
investigator or, if no investigator has been appointed, the board, shall direct
the respondent to reply to specific allegations in writing by mailing the
respondent a written statement of allegations.
(b)
In addition to what is required by RSA 332-B:15, VII, the statement of
allegations shall include the following information:
(1) A summary of each act of
unprofessional conduct, incompetency, gross negligence, or other misconduct, or
any other act in violation of RSA 332-B:14 which the complainant claims the
respondent to be guilty of in connection with his or her business as a
veterinarian; and
(2) A list of presently known
witnesses to the relevant events.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.05)
Vet 201.05 Answer to Statement of Allegations. Within 30 days from the receipt of statement
of allegations, the respondent shall provide the investigator with a written
reply which contains the following information:
(a)
Licensee’s legal name, any aliases, physical home address, phone number,
email (if applicable), and work address(es) regardless
whether the location is where the complaint occurred, and the phone number to
contact or another preference for contact;
(b)
The name of the attorney, if any, representing the respondent;
(c)
The respondent's understanding of the facts, including dates and times,
out of which the allegations arose;
(d)
A summary of each defense to each allegation of misconduct or any other
act in violation of RSA 332-B:14; and
(e) A list of presently known witnesses to the
relevant events.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.06)
Vet 201.06 Investigator's Report to the Board.
(a) The investigator shall prepare a report to
the board summarizing the position of the parties and shall include a
recommendation as to whether a disciplinary hearing should be held and the
issues to be included in said hearing.
(b) The report shall include:
(1) Complainant name, address,
phone number, and other contact information;
(2) Respondent name, legal home
address and phone number;
(3) Case number;
(4) List of interviews;
(5) List of documents;
(6) List of prior letters of
concern with summary of content or attached as appendices; and
(7) List of prior settlements
and discipline or attached as appendices.
(c) After reviewing the investigator's report the
board shall:
(1) Dismiss the complaint if
the investigation discloses no credible evidence that a violation has occurred;
(2) Commence a hearing if the
investigator does disclose credible evidence that a violation has occurred; or
(3) Investigate further if:
a. The investigator’s report
does not provide enough information to reach a decision; or
b. The investigator discovers
other potential acts of misconduct.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.07)
Vet 201.07 Action Without Investigation.
(a)
When the board possesses facts that public health, safety, or welfare is
at risk, the board shall take emergency action under RSA 332-B:15-a or schedule
a disciplinary hearing under RSA 332-B:15 without further investigation.
(b)
The licensee shall be notified immediately, in writing, of the
suspension and shall be provided a hearing within 10 days of the effective date
of suspension.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.08)
Vet 201.08 Action Without Investigation. When the board possesses facts that public
health, safety or welfare is at risk, the board shall take emergency action
under RSA 332-B:15-a or schedule a disciplinary hearing under RSA 332-B:15
without further investigation. The
licensee shall be notified immediately, in writing, of the suspension and shall
be provided a hearing within 10 days of the effective date of suspension.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09
PART Vet 202
DISCIPLINARY HEARINGS
Vet 202.01 Date of Issuance or Filing. All written documents governed by these rules
shall be rebuttably presumed to have been issued on the date noted on the
document and to have been filed with the board on the actual date of receipt by
the board, as evidenced by a date stamp placed on the document by the board in
the normal course of business.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.02 Format of Documents.
(a) All correspondence, pleadings, motions, or other documents filed under
these rules shall:
(1) Be on the board’s
letterhead;
(2) Include the title and
docket number of the proceeding, if known;
(3) Be typewritten or clearly
printed on durable paper 8 1⁄2 by 11 inches in size;
(4) Be signed by the party or
proponent of the document, or, if the party appears by a representative, by the
representative; and
(5) Include a statement
certifying that a copy of the document has been delivered to all parties to the
proceeding in compliance with Vet 202.03.
(b) A party’s or representative’s signature on a
document filed with the board shall constitute certification that:
(1) The signer has read the
document;
(2) The signer is authorized to
file it;
(3) To the best of the signer’s
knowledge, information, and belief, there are good and sufficient grounds to
support it; and
(4) The document has not been
filed for purposes of delay.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.03 Delivery of Documents.
(a) Copies of all petitions, motions, exhibits,
memoranda, or other documents filed by any party to a proceeding governed by
these rules shall be delivered by that party to all other parties to the
proceeding.
(b) All notices, orders, decisions, or other
documents issued by the presiding officer or board shall be delivered to all
parties to the proceeding.
(c) Delivery of all documents relating to a
proceeding shall be made by personal delivery or by depositing a copy of the
document, by first class mail, postage prepaid, in the United States mail,
addressed to the last address given to the board by the party.
(d) When a party appears by a representative,
delivery of a document to the party’s representative at the address stated on
the appearance filed by the representative shall constitute delivery to the
party.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.04 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to
in these rules shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday,
or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday, or
legal holiday.
Source. #4430, eff 6-2-88; ss by #5024, eff 12-4-90;
ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.05 Notice.
(a)
Whenever the board determines that a disciplinary hearing shall be held,
the parties shall be given at least 15 days’ written notice of such hearing.
The notice shall be served on the parties either personally or by certified
mail, return receipt requested.
(b)
The notice shall include:
(1) The time, place, and nature
of the hearing;
(2) A statement of the legal
authority under which the hearing is held;
(3) A reference to the particular sections of the statutes and rules involved;
(4) A short and plain statement
of the issues involved;
(5) A statement that each party
has the right to have an attorney present to represent the party at the party’s
expense; and
(6) A statement that each party
has the right to have the board provide a certified shorthand court reporter at
the party’s expense and that any such request be submitted in writing at least
10 days prior to the proceeding.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.06 Appearances and Representation. A party or the party’s representative shall
file an appearance that includes the following information:
(a)
A brief identification of the matter;
(b) A statement as to whether or not the representative is an attorney and if so,
whether the attorney is licensed to practice in New Hampshire; and
(c)
The party or representative’s daytime address and telephone number.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.07 Pre-hearing Conferences.
(a) The board may hold a pre-hearing conference
at any time prior to a hearing. The parties or their counsel shall be requested
to attend the conference. A
representative of the board shall be designated as the presiding officer.
(b) The parties attending the pre-hearing
conference shall consider the following:
(1) Stipulations, admissions,
and settlement;
(2) Identification,
clarification, and simplification of the issues;
(3) Identification of and
limitations on the number of witnesses and exhibits either party may seek to
introduce at the hearing; and
(4) Such other matters as might
aid in the disposition of the complaint.
(c) The presiding officer shall issue and serve
upon all parties a pre-hearing order incorporating all actions taken and
agreements reached at the pre-hearing conference.
(d) Upon his or her own initiative or upon the
motion of any party, a presiding officer or board official shall, for good
cause, withdraw from any hearing.
(e) Good cause under (d) above shall exist if a
presiding officer or agency official:
(1) Has a direct interest in
the outcome of a proceeding, including, but not limited to, a financial or
family relationship, with any party; or
(2) Has made statements or
engaged in behavior which objectively demonstrates that he or she has prejudged
the facts of a case; or
(3) Personally believes that he
or she cannot fairly judge the facts of a case.
(f) Mere knowledge of the issues, the parties, or
any witness shall not constitute good cause for withdrawal.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.08 Waiver of Rules by Presiding Officer. The presiding officer, upon his or her own
initiative or upon the motion of any party, shall waive any requirement or
limitation imposed by this chapter upon reasonable notice to affected persons
when the proposed waiver appears to be lawful, and would be more likely to
promote the fair, accurate, and efficient resolution of issues pending before
the board than would adherence to a particular rule or procedure.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.09 Postponements.
(a)
Any party or intervenor to a hearing may make an oral or written motion
that a hearing be postponed to a later date or time.
(b)
If a postponement is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include the unavailability of parties, witnesses,
or attorneys necessary to conduct the hearing, the likelihood that a hearing
will not be necessary because the parties have reached a settlement, or any
other circumstances that demonstrate that a postponement would assist in
resolving the case fairly.
(c)
If the later date, time, and place are known at the time of the hearing
that is being postponed, the date, time, and place shall be stated on the
record. If the later date, time, and place are not known at the time of the
hearing that is being postponed, the presiding officer shall issue a written
scheduling order stating the date, time, and place of the postponed hearing as
soon as practicable.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.10 Hearing Procedures.
(a)
Board hearings shall be open to the public.
(b)
The investigator shall open the proceedings through production of
witnesses and exhibits, and shall be followed by the witnesses and exhibits of
the respondent. Members of the board shall ask questions of witnesses during or
subsequent to direct or cross-examination, and each
party shall produce such additional evidence as the board deems necessary to an
understanding and determination of the issues.
(c)
Any oral, documentary, tangible, or demonstrative evidence shall be
received. The board shall exclude irrelevant, immaterial, or unduly repetitious evidence and shall apply evidentiary
privileges recognized by law.
(d)
The board shall direct the parties to submit legal memoranda or other
written statements whenever such submissions will assist the board in reaching
a decision and would not unduly delay the proceedings.
(e)
No party and no person acting on behalf of a party shall make ex parte communications to the board.
(f)
The party asserting a proposition shall bear the burden of proving the
truth of the proposition by a preponderance of the evidence.
(g)
Subsequent to the hearing, the board shall meet and reach its decision
by majority vote based solely upon the evidence presented at the hearing. The
board's decision shall be based on a preponderance of the evidence, taking into
consideration the fact that the burden of proof is on the complainant.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09; ss by #13269, eff 9-29-21
Vet 202.11 Effect of Intervention and Rights of an
Intervenor.
(a) Approval of intervention by the presiding
officer shall apply only to the proceeding in which the petition for
intervention was granted.
(b) Notwithstanding the provisions of this
chapter, an intervenor’s right to participate in an adjudicative proceeding
shall be subject to any limitations or conditions imposed by the presiding
officer pursuant to RSA 541-A:32, III.
(c) No portion of the proceeding shall be
repeated because of the fact of intervention.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 202.12 Role of Complainants and Board Staff.
(a) Complainants shall have no role in any
hearing other than that of witness unless they petition for, and are granted,
the right to intervene.
(b)
Unless called as witnesses, board staff shall have no role in any
hearing.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 202.13 Reopening the Record. At any time prior to the issuance of the
decision on the merits, the presiding officer, on the presiding officer’s own
initiative or on the motion of any party, shall reopen the record to receive
relevant, material, and non-duplicative testimony, evidence, or arguments not
previously received, if the presiding officer determines that such testimony,
evidence or arguments are necessary to a full and fair consideration of the
issues to be decided.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09 (from Vet 202.11); ss by #13269,
eff 9-29-21
Vet 202.14 Retention of Written Decisions. The board shall keep a decision on file in
its records for at least 6 years following the date of the final decision or
the date of the decision on any appeal, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A,
eff 4-23-09 (from Vet 202.12); ss by #13269,
eff 9-29-21
Vet 202.15 Hearing Officers. Pursuant to RSA 332-B:7, IV, the board shall
designate one of its members, other than the investigator, to act as a hearing
officer in an adjudicatory proceeding.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New.
#9464-A, eff 4-23-09 (formerly
Vet 202.13); ss by #13269, eff 9-29-21
Vet 202.16 Public Notice of Disciplinary Action. When the board takes disciplinary action due
to misconduct pursuant to RSA 332-B:14, II, (a)-(p) and RSA 332-B:14, III,
(a)-(e), the board shall post a copy of the board's decision in at least 2
places which would be suitable for posting public meeting notices under RSA
91-A:2, II. This rule shall apply to
disciplinary actions taken with and without the agreement of the licensee, and
it shall not be waived.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New.
#9464-A, eff 4-23-09 (formerly
Vet 202.14); ss by #13269, eff 9-29-21
PART Vet 203 PETITIONS FOR
RULEMAKING
Vet 203.01 Petitions for Rulemaking.
(a) Any person may seek the adoption, amendment, or repeal of a rule by
submitting to the board a petition pursuant to RSA 541-A:4.
(b) Each petition for rulemaking shall contain:
(1) The name and address of the
individual petitioner or, if the request is that of an organization or other
entity, the identity of such organization or entity, and the name and address
of the representative authorized by the entity to file the petition;
(2) A statement of the purpose
of the petition, whether the adoption, amendment, or repeal of a rule;
(3) If amendment or adoption of
a rule is sought, the text proposed;
(4) If amendment or repeal of a
rule is sought, identification of the current rule sought to be amended or
repealed;
(5) Reference to the statutory
provision that authorizes or supports the rulemaking petition; and
(6) Information or argument
useful to the board when deciding whether to begin the rulemaking process.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 203.02 Disposition of Petitions for Rulemaking.
(a)
The board shall request additional information or argument from the
petitioner for rulemaking or from others if such additional information or
argument is required to reach a decision.
(b)
The board shall grant the petition for rulemaking if the adoption,
amendment, or repeal sought would not result in:
(1) A rule that is not within
the rulemaking authority of the board;
(2) Duplication of a rule or of
a statutory provision;
(3) Inconsistency between the
existing rules and the statutory mandate of the board;
(4) Inconsistency of
administrative rules one with another; or
(5) Excessive burden upon the
board in terms of cost or a reduction in efficiency or effectiveness.
(c)
The board shall within 30 days of the Board meeting following the
receipt of a sufficient petition dispose of it in the following manner:
(1) By notifying the petitioner
that the petition is granted and beginning rulemaking proceedings as required
by RSA 541-A:4; or
(2) By notifying the petitioner
in writing that the petition is denied and the reasons for its denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
PART Vet 204 PUBLIC COMMENT
HEARINGS
Vet 204.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 204.02 Public Access and Participation.
(a) Public comment hearings shall be open to the
public, and members of the public shall be entitled to testify, subject to the
limitations of Vet 204.03.
(b) People who wish to testify shall be asked to
write on the speaker's list:
(1) Their full names and
addresses; and
(2) The names and addresses of
organizations, entities, or other persons whom they represent, if any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall be accepted for the time period specified in the notice published in the state’s
rulemaking register.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 204.03 Limitations on Public Participation. The board's chair or other person designated
by the board to preside over a hearing shall:
(a) Refuse to recognize for speaking or revoke
the recognition of any person who:
(1) Speaks or acts in an
abusive or disruptive manner;
(2) Fails to keep comments
relevant to the proposed rules that are the subject matter of the hearing; or
(3) Is unduly repetitious with
their testimony; and
(b) Limit presentations on behalf of the same
organization or entity to no more than 3 individuals, provided that all those
representing such organization or entity may enter their names and addresses
into the record as supporting the position of the organization or entity.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 204.04 Conduct of Public Comment Hearings.
(a) Public comment hearings shall be attended by
a quorum of the board.
(b) Public comment
hearings shall be presided over by the board chair or a board member
knowledgeable in the subject area of the proposed rules who has been designated
by the board to preside over the hearing.
(c) The chair or other person presiding over a
hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules
that are the subject matter of the hearing and provide copies of them upon
request;
(3) Recognize those who wish to
be heard;
(4) If necessary, establish
limits pursuant to Vet 204.03 and Vet 204.04;
(5) If necessary to permit the
hearing to go forward in an orderly manner, effect the removal of a person who
speaks or acts in a manner that is personally abusive or otherwise disrupts the
hearing;
(6) If necessary, postpone or
move the hearing to another physical location or, if allowed by law or the
governor’s emergency order, to a remote hearing; and
(7) Adjourn or continue the
hearing.
(d) A hearing shall be postponed in accordance
with RSA 541-A:11, IV when:
(1) The weather is so inclement
that it is reasonable to conclude that people wishing to attend the hearing
will be unable to do so;
(2) The board chair or other
person designated by the board to preside over the hearing is ill or
unavoidably absent; or
(3) Postponement will
facilitate greater participation by the public.
(e) A hearing shall be moved to another location
in accordance with RSA 541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(f) A hearing shall be continued past the
scheduled time or to another date in accordance with RSA 541-A:11, III when:
(1) The time available is not
sufficient to give each person who wishes to speak a reasonable opportunity to
do so; or
(2) The capacity of the room in
which the hearing is to be held does not accommodate the number of people who
wish to attend and it is not possible to move the hearing to another location.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
PART Vet 205 DECLARATORY
RULINGS
Vet 205.01 Requests for Declaratory Rulings.
(a) Any person may request a declaratory ruling
by the board if that person is directly affected by RSA 332-B or by any
administrative rule.
(b) A request for a declaratory ruling shall be
in a writing containing:
(1) The name and address of the
individual or entity making the request;
(2) The text of the ruling
being requested;
(3) The reasons for the
request; and
(4) The following declaration
signed by the individual making the request, the authorized representative of
such individual, or the authorized representative of the entity making the
request:
"I declare that I have examined the request for a declaratory
ruling, including the accompanying documents, and state that, to the best of my
knowledge and belief, the facts presented in support of the requested
declaratory ruling are true, correct and complete."
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 205.02 Documents Required to Support Requests for
Declaratory Rulings.
(a) A request for a declaratory ruling shall be
accompanied by:
(1) A statement citing the
statutory law, regulatory law, and
orders believed to support the ruling being requested;
(2) A statement of the facts
believed to support the ruling being requested; and
(3) Supplementary material
necessary to establish or clarify the facts set forth in the statement of
facts.
(b) A request for a declaratory ruling may be
accompanied by additional material chosen by the person making the request.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 205.03 Processing Requests for Declaratory
Rulings.
(a) Within 30 days of receiving a request for a
declaratory ruling, the board shall advise the person requesting it if the
ruling will be delayed by the need for additional information or the complexity
of the issues presented.
(b) If additional information should be needed,
the board shall specify the additional information required and request that it
be provided in a statement of additional information that includes the
declaration specified in Vet 205.01(b)(4) and is accompanied by any material
necessary to establish or clarify the facts set forth in the statement.
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 205.04 Issuance and Publication of Declaratory
Rulings.
(a) When facts sufficient to support a
declaratory ruling have been established, the board shall issue a written
declaratory ruling which applies all relevant law to the established facts.
(b) When the established facts show that the
board lacks subject matter or personal jurisdiction to issue a declaratory
ruling, the board shall issue a written decision stating that it lacks
jurisdiction to issue a declaratory ruling and identifying the lack of
jurisdiction.
(c) Declaratory rulings shall be filed on the day
of issuance with the director of legislative services in accordance with RSA
541-A:16, II (b).
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
Vet 205.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the
board and to the person requesting it and shall be confined to the facts
presented pursuant to Vet 205.02 (a)(2) - (a)(3) and in response to a request
of the board made pursuant to Vet 205.03 (b).
Source. #9464-A, eff 4-23-09; ss by #13269,
eff 9-29-21
PART Vet 206 EXPLANATION OF
ADOPTED RULES
Vet 206.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of
the final adoption of a rule, request a written explanation of that rule by
making a written request to the board including:
(a) The name and address of the person making the
request; or
(b) If the request is that of an organization or
other entity, the name and address of such organization or entity and the name
and address of the representative authorized by the organization or entity to
make the request.
Source. #9464-B,
eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM,
eff 8-1-19, EXPIRED: 1-28-20
New. #13269, eff 9-29-21
Vet 206.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Vet 206.01, provide a written response which:
(a) Concisely states the meaning of the rule
adopted;
(b) Concisely states the principal reasons for
and against the adoption of the rule in its final form; and
(c) States, if the board did so, why the board
overruled any arguments and considerations presented against the rule.
Source. #9464-B,
eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13269, eff 9-29-21
PART
Vet 207 WAIVER OF SUBSTANTIVE RULES
Vet
207.01 Petitions for Waiver.
(a) Any interested person may request the board
to waive any rule not covered by Vet 202.08 by filing an original and 2 copies
of a petition pursuant to Vet 203.01(b) which clearly identifies the rule in
question and sets forth specific facts and arguments which support the
requested waiver. No statutory
requirements shall be waived.
(b) Petitions for waivers of substantive rules
shall address whether:
(1) Adherence
to the rule would cause the petitioner hardship;
(2) The
requested waiver is necessary because of any neglect or misfeasance on the part
of the petitioner;
(3) Waiver of
the rule would be consistent with the statues and regulatory programs
administered by the board;
(4) Waiver of
the rule would injure third persons; and
(c) If examination of the petition reveals that
the proposed relief might substantially affect other persons, the board shall
require service of the petition on such persons and advise them that they may
file a reply to the petition which includes the following:
(1) The name
and address of the respondent;
(2) The name
and address of the representative of the respondent, if any;
(3) A concise
statement of any additional or different facts which warrant the board acting
in the manner requested by the respondent;
(4) A citation
to any statutes, rules, orders or other authority, not identified in the
petition, having a bearing upon the subject matter of the petition;
(5) The action
which the respondent wishes the board to take; and
(6) The respondent’s signature and date.
(d) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings, as ordered
by the board after reviewing the petition and any replies received.
(e) A petition for waiver of a rule which does
not allege material facts, which, if true, would be sufficient to support the
requested waiver, shall be denied without prior notice or further hearing.
(f) The board shall initiate a waiver or
suspension of a substantive rule upon its own motion by providing affected
parties with notice and an opportunity to be heard and issuing an order which
finds that waiver would be consistent with the criteria of (b), above.
(g) For the purposes of this section, good cause
shall be deemed to exist if, at a minimum, the petitioner has demonstrated
that:
(1) Adherence
to the rule would cause the petitioner hardship;
(2) Waiver or
suspension of the rule would be consistent with the statutes and regulatory
programs administered by the department;
(3) Waiver or
suspension of the rule would not injure third persons; and
(4) Waiver or
suspension is necessary due to factors outside the control of the petitioner.
(h) The board shall approve a waiver of an
administrative rule request, for the time period
requested, only if:
(1) Granting a waiver does not
have the effect of waiving or modifying a provision of RSA 332-B; and
(2) The petitioner shows or has
shown good cause exists, as described in (g) above, to waive the rule.
Source. #13522,
eff 1-19-23
CHAPTER Vet 300 REGISTRATION OR
LICENSING REQUIREMENTS
PART Vet 301
APPLICATION PROCEDURES
Vet 301.01 Application Procedures.
(a)
Each applicant for a license to practice veterinary medicine shall complete and submit the form
“Application for Veterinary Licensure” revised 8/2022.
(b) The form shall:
(1) Require the applicant’s social
security number for the purpose of child support enforcement in compliance with
RSA 161-B:11.
(2) Be signed and dated by the
applicant; and
(3) Be accompanied by the
application fee described in Vet 305.01.
(c) Each applicant shall submit the documents
described in (e) below.
(d) The applicant
for licensure shall submit the application and all supporting documentation to
complete the licensing application process within 6 months of the board’s receipt of the application or any of the required
documents. If the applicant fails to provide the
documentation within 6 months, the application shall be considered abandoned,
and the board will notify the applicant.
(e) If the board, after receiving and reviewing a
completed license application packet requires further information or documents
to determine the eligibility for licensure, the board shall:
(1) So notify the applicant in
writing within 30 days; and
(2) Specify the information or
documents it requires.
(f) Within 60 days of the date the initial
application is completed, the board shall issue written approval, or intent to
deny, the application.
(g) The applicant shall submit or cause to have
submitted through the American Association of Veterinary State Board’s Veterinary Application for Uniform Licensure Transfer (VAULT) portal the following documents in addition to the application:
(1) Scores forwarded directly
from Veterinary Information Verifying Agency (VIVA) that prove the applicant has passed both the
National Board Exam (NBE) and the Clinical Competency Test (CCT), or the North
American Veterinary Licensing Exam (NAVLE);
(2) Verification of licensure submitted directly to the board from
each state or jurisdiction where the
applicant has ever been licensed;
(3) Certified transcripts shall be
sent directly to the board from the veterinary school. If transcripts are not in English, an
officially translated copy shall be forwarded to the board;
(4) An applicant who graduated
from a veterinary school not accredited by the American Veterinary Medical
Association (AVMA) shall have the AVMA submit a letter to the board verifying
that the Educational Commission for Foreign Veterinary Graduates (ECFVG)
certification program was completed; or, if applicable, a certified copy of the
Certificate of Qualification issued by the Canadian Veterinary Medical
Association shall be forwarded to the board;
(5) A current curriculum vitae (CV) or resume;
(6) Two letters of recommendation
sent directly to the board from practicing veterinarians who can attest to the
veterinary abilities of the applicant within the last 5 years. Applicants who have graduated in the current
calendar year and who have not been practicing shall be exempt from this
requirement; and
(7) Detailed information of pending complaints or disciplinary action
taken in another state or jurisdiction relating in any way to the practice of
veterinary medicine.
(h) Any material misrepresentation on such
application shall disqualify the applicant.
(i) An
applicant applying through this state to take the NAVLE may access both the
National Board of Veterinary Medical Examiners (NBVME) NAVLE application and
the NAVLE online approval form via the NBVME website. The applicant shall submit both directly to the NBVME by the
deadlines posted on that website.
(j)
If an applicant possesses a
United States Department of Justice Drug Enforcement Administration (DEA)
number to prescribe schedules II-IV controlled substances pursuant to RSA
318-B:33, the applicant for licensure shall register with the NH prescription
drug monitoring program (PDMP), pursuant to RSA 318-B:33, II and Ph 1503.01
(a). Failure to register within 90 days
of the initial issuance of a license shall constitute professional misconduct
and shall be grounds for disciplinary action.
A licensee shall not engage in the prescribing or dispensing of
controlled substances in schedules II-IV without having registered with the
PDMP.
(k) The license shall be issued under the legal
name of the licensee and that shall be the name used by the licensed
veterinarian in all practice publications, advertising, and billing material.
Source. #1557, eff 4-1-80; amd by #1887, eff
12-14-81; ss by #2294, eff 2-1-83; amd by #2558, eff 12-27-83; ss by #2892, eff
10-26-84; ss by #5024, eff 12-4-90; amd by #5834, eff 6-2-94; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09; ss by #12080, eff
12-30-16; ss by #13467, eff 12-19-22
Vet
301.02 Abandonment of Application. An application shall be deemed abandoned when
the applicant fails to complete the application/licensure process within 6
months of the board’s initial receipt of any required information.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20
PART Vet 302 QUALIFICATIONS
Vet 302.01 Qualifications. Each applicant for licensure by the board
shall:
(a) Be 18 years of age or more;
(b) Have graduated from an AVMA accredited
veterinary school or any other veterinary school that meets the minimum
standards established by the AVMA for its approval, or have obtained an ECFVG or PAVE certificate or other
certification program completed by the applicant that meets the ECFVG or PAVE program minimum standards in
the view of the board in the application review;
(c) Be a person of good professional character in accordance with Vet 302.02: and
(d) Have a passing grade of 70% or higher for
both the NBE and the CCT, or the NAVLE.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13467, eff 12-19-22
Vet
302.02 Good Professional Character.
(a) Good professional character shall include but
not be limited to:
(1) Traits including honesty,
trustworthiness, diligence, and
reliability that are relevant to and have a rational connection with the
applicant’s present fitness to practice veterinary medicine;
(2) No conviction for any crime which would impair the individual’s worthiness and ability to serve as a professional licensed veterinarian pursuant to RSA 332-G:10;
(3) No behavioral problem which endangers the
welfare or personal safety of clients, patients, or other veterinary personnel; and
(4) No practice within the state of New Hampshire
within the previous 5 years without an active license.
(b) If the applicant has had a criminal
conviction, suspended license, or revoked license the board shall consider the
following when determining good professional character:
(1) Age and maturity at the
time the criminal act was committed;
(2) The degree of culpability
required for conviction of the crime, license suspension, or license revocation
and any mitigating factors including motive for commission of the crime or
licensing offense;
(3) The classification of the
criminal act and the seriousness of actual and potential harm to persons or
property;
(4) Criminal and licensure
history and the likelihood that conduct will be repeated;
(5) The permissibility of
service as a professional licensed
veterinarian within the terms of any parole or probation;
(6) Proximity or remoteness in
time of the criminal conviction, license suspension, or license revocation;
(7) Whether the criminal
history or suspension or revocation of a license to practice impaired the
applicant’s ability to practice; and
(8) Any evidence offered which
would support good professional character.
Source. #9464-B, eff 4-23-09
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13467, eff 12-22
PART Vet 303 JURISPRUDENCE EXAMINATION
Vet 303.01 Examination Subjects. Applicants shall be prepared to be examined
in the laws and rules affecting the practice of veterinary medicine in New
Hampshire.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09 (from Vet 303.02), EXPIRED:
4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13467, eff 12-19-22
Vet 303.02 Passing Grade and
Retention of Examination. A passing
score on the examination shall be 90%. All examinations shall be retained at
the board office for a period of 3 years and destroyed thereafter.
Source. #1887, eff 12-14-81; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00;
ss by #7710, eff 6-21-02; ss by #9464-B, eff 4-23-09 (from Vet 303.03), EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13567, eff 12-19-22
PART Vet 304 RECIPROCITY
Vet 304.01 Reciprocity Application Procedures.
(a) The candidate for reciprocity shall:
(1) Have been licensed in another jurisdiction for at least 5 years; and
(2) Have practiced clinical veterinary medicine for at least 1,000
hours during 3 of the previous 5 calendar years with a minimum of 3,000
practice hours.
(b) An applicant seeking
reciprocity shall apply by submitting the application described in Vet
301.01(a) and comply with the requirement for completion of the submission
described in Vet 301.01(c);
(c) An applicant seeking to
qualify through reciprocity shall submit
all documents described in Vet 301.01(f) except for letters of recommendation described in Vet 301.01(f)(6);
(d) The documents required by (c)
above shall be submitted by the applicant as described in Vet 301.01(f) (1)
through (7) or the applicant shall have the required documents submitted
through the Association of Veterinary State Board’s VAULT portal.
Source. #1887, eff 12-14-81; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #6859, eff 9-30-98; ss
by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13467, eff 12-19-22
PART
Vet 305 TEMPORARY PERMIT
Vet 305.01 Definitions.
(a)
"Direct supervision" means that there is a licensed
veterinarian on the premises of the animal treatment facility or in a
physically related structure who is available for in-person consultation on an immediate
basis if necessary.
(b)
"Indirect supervision" means there is no licensed veterinarian
on the premises of the animal treatment facility, but a licensed veterinarian
has given written or oral instructions for treatment of the animal patients
involved and has arranged for telephone consultation with a licensed
veterinarian, if necessary.
(c)
"Permittee" means a person holding a temporary permit pursuant
to RSA 332-B:12. A permittee is not a
"licensed veterinarian" for purposes of these rules.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20
Vet
305.02 Application for Temporary
Permit.
(a) An application for a temporary permit shall
submit the following:
(1) A
complete application as defined in Vet 301.01 and all supporting documents
except for Vet 301.01(f)(1);
(2) A
written statement sent directly to the board from the New Hampshire licensed
veterinarian agreeing to supervise the applicant’s practice in accordance with
these rules and stating the practice where the permittee will be working; and
(3)
The payment for the application fee set forth in Plc 1002.44.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13467, eff 12-19-22 (formerly Vet 305.03)
Vet 305.03 Obligations of Temporary Permit.
(a) The
permittee shall:
(1) Practice under the supervising
veterinarian recognized in Vet 305.01;
(2) Notify the board, in
writing, within 5 days if employment is terminated;
(3)
Meet all the requirements of Vet 302 except Vet 302.01(d); and
(4)
Take and pass the New Hampshire jurisprudence examination described in
Vet 303.
(b) The temporary permit shall:
(1)
Be valid for no more than one year from the date issued; and
(2)
Not be renewable.
(c) The temporary permit holder shall be
supervised by a supervising veterinarian who shall:
(1)
Be responsible for the permittee’s actions;
(2)
Provide a written statement to the board and the permittee within 5 days
of early termination of the agreement to supervise.
(d) The temporary permit holder shall sit for the
first available set of examinations described in Vet 301.02(d) following the
date the temporary permit is issued.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13467, eff 12-19-22 (formerly Vet 305.02)
Vet
305.04 Approval or Denial of a
Temporary Permit.
(a) If the board, after receiving and reviewing a
completed application for temporary permit packet requires further information
or documents to determine the eligibility for the temporary permit, the board
shall:
(1)
So notify the applicant in writing within 30 days; and
(2)
Specify the information or documents it requires.
(b) Within 60 days of the date the renewal
application is completed, the board shall issue written approval or, intent to
deny, the application.
(c) Any applicant
wishing to challenge the board's denial of an application for temporary permit
shall:
(1) Make a written request for a
hearing of the applicant's challenge; and
(2) Submit this request to the
board within 60 days of the board's notification of license denial.
Source. #13467, eff
12-19-22
PART
Vet 306 FEES
Vet 306.01 Fees.
(a)
Fees shall be assessed pursuant to RSA 332-B:7, III according to the
following schedule:
(1) The examination and initial licensing fee
including a temporary permit shall be $175.00;
(2) The fee for annual license renewal applied
for before December 31 shall be $150.00;
(3) The fee for annual license renewal applied
for after December 31 shall be $200.00;
(4) The fee for copies of laws and rules shall be
$25.00;
(5) The fee for replacement of license
certificate shall be $10.00;
(6) The fee for a mailing list on paper shall be
$25.00; an e-mailed list shall be $15.00; general information shall be $.50 per
page; and
(7) The fee for verification of licensure shall
be $20.
Source. #7418, eff 12-21-00; ss by #7792, eff
11-22-02; ss by #9023, eff 11-8-07; ss by #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20
Vet 306.02 Insufficient Funds. The applicant and/or renewing veterinarian
shall be charged a fee of $25 or 5 percent of the face amount of the check,
whichever is greater, plus all bank fees, in addition to the amount of the
check, for any check returned due to insufficient funds.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20
Vet 306.03 Refunds. No refunds shall be granted once the
application or the renewal process is initiated.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20
CHAPTER
Vet 400 CONTINUED STATUS
PART
Vet 401 RENEWAL
Vet 401.01
Application for Renewal.
(a) All applicants for renewal of their license
shall file the “Application for Renewal of Licensure to Practice Veterinary
Medicine” form, revised 10/2022.
(b) The application shall:
(1)
Be supplied by the board; and
(2)
Contain the following preprinted statement:
“I acknowledge that knowingly making a false
statement on this application form is a misdemeanor under RSA 641:2, I. I
certify that the information I have provided on all parts of the application
form and in the documents that I have personally submitted or caused to be
submitted to support my application is complete and accurate to the best of my
knowledge and belief.
I also certify that I have read the statute
and the rules of the Board and promise that, if I am licensed, I will abide by
them. Based on the statute and rules
governing the profession for which I am applying I have not committed any acts
that would be grounds for disciplinary action in this or any other State.”
(c) The effect of the renewal applicant’s
signature on the application form for renewal of license described in (a) above
shall be:
(1)
The applicant’s acknowledgement that knowingly making a false statement
on the application form is a misdemeanor under RSA 641:2, I;
(2)
The applicant’s certification that:
a.
The information provided on all of the parts of
the application form and in the documents personally submitted to support the
application is complete and accurate to the best of the applicant’s knowledge
and belief; and
b.
The applicant has read the statutes and administrative rules of the
board; and
(3)
The applicant’s promise to abide by the statutes and administrative
rules of the board.
(c)
Each applicant for renewal of their license shall meet all requirements of Vet
302.
Source. #1887, eff 12-14-81; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
Vet
401.02 Extension of Time.
(a) The board shall grant an extension of time
for obtaining continuing education hours provided that the board finds there is good cause for the
extension and the licensee complies with the following:
(1) A request for an extension
is made in writing prior to expiration date of the license;
(2) The licensee states what
form of continuing education they are attending and when; and
(3) The licensee notifies the
board when the continuing education hours have been accumulated.
(b) Good cause under (a) above shall include, but
not be limited to, illness, death of a family member, or other reason beyond
the control of the petitioner.
(c) The board’s consideration of whether good
cause exists shall include whether:
(1)
The licensee’s adherence to the rules would cause hardship;
(2)
The request for an extension is necessary because of any neglect or
misfeasance on the part of the petitioner; and
(3)
The extension might be detrimental to public welfare and safety.
(d) Continuing education credits shall not be
required for new graduates of a veterinary education program for their first
renewal after graduation.
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
PART Vet 402 REVOCATION,
SUSPENSION, AND OTHER SANCTIONS
Vet 402.01 Misconduct. Misconduct sufficient to support disciplinary
proceedings shall be:
(a) The practice of fraud or deceit in procuring
or attempting to procure a license to practice;
(b) Conviction of a felony or any offense
involving moral turpitude in accordance with RSA 332 G:10;
(c) Any unprofessional conduct, or dishonorable
conduct unworthy of, and affecting the practice of, the profession including
but not limited to;
(1) Animal abuse or cruelty; or
(2) Insurance fraud;
(d) Unfitness or incompetency to practice the
profession or any particular aspect or specialty
thereof as evidenced by negligent or willful acts performed in a manner
inconsistent with the health or safety of animals under the care of the
licensee, the intentional injury of an animal or human in a context related to
the profession, or a pattern of conduct inconsistent with the basic skills and
knowledge required to practice the profession;
(e) Addiction to the use of alcohol or other
habit-forming drugs to a degree which renders the person unfit to practice;
(f) Mental or physical incompetency to practice;
(g) Willful or repeated violation of the
provisions of RSA 332-B;
(h) Suspension or revocation of a license, in a
jurisdiction with license requirements comparable to those of this state, and
not reinstated;
(i) The use of advertising or solicitation which
is false, misleading, or fraudulent;
(j) Having professional association with or
employing any person practicing veterinary medicine unlawfully;
(k) Fraud or dishonesty in the application or
reporting of any test disease in animals;
(l) Failure to keep the veterinary premises and
equipment in a safe, clean, and sanitary condition;
(m) Failure to report as required by law, or
making false report of any contagious or infectious disease;
(n) Dishonesty or gross negligence in the
inspection of foodstuffs, maintenance of medical records, or the issuance of
health, vaccination, or inspection certificates;
(o) The violation of the board’s
administrative rules or board practice act RSA 332-B; or
(p) Practice without a currently valid license or
permit.
Source. #1887, eff 12-14-81; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
Vet 402.02 Sanctions.
(a) Pursuant to RSA 332-B:14, III, disciplinary
measures available to the board to sanction misconduct shall be:
(1) By reprimand;
(2) By suspension, limitation,
or restriction of license;
(3) By revocation of license;
(4) By requiring the person to
participate in a program of continuing education in the area or areas in which
the person has been found deficient; or
(5) By the imposition of civil
penalties of up to $2,000 per violation, or in the case of continuing
violations, not more than $200 per day, whichever is greater.
Source. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
Vet 402.03 Procedure for Imposition of Sanctions. Other than immediate license suspension
authorized by RSA 541-A:30, III and RSA 332-B:15-a, the board shall impose
disciplinary sanctions only:
(a)
After prior notice to the licensee and the opportunity for the licensee
to be heard; or
(b)
By agreement in a settlement between the board and the licensee made
pursuant to RSA 328-B:14, IV.
Source. #13557, eff 3-1-23
Vet 402.04 Determinations Required for Sanctions.
(a) In determining which sanction or combination
of sanctions to impose, the board shall:
(1) First determine the nature
of the act or omission constituting the misconduct done by the licensee;
(2) Next determine whether the
misconduct has one or more of the characteristics listed in (b) below; and
(3) Finally, apply the
standards in Vet 402.05.
(b) The characteristics the board shall consider
are whether:
(1) The misconduct actually caused physical or mental harm;
(2) The misconduct had the
potential to cause physical or mental harm; or
(3) The misconduct repeated
earlier misconduct done by the licensee, as determined by:
a. An earlier hearing;
b. An earlier settlement
agreement predicated on the same misconduct by the licensee;
c. Any previous board actions;
or
d. An admission by the
licensee;
(4) The misconduct was not the
first misconduct by the licensee, as determined by:
a. An earlier hearing;
b. An earlier settlement
agreement predicated on the same misconduct by the licensee; or
c. An admission by the
licensee; and
(5) The misconduct was
intentional rather than the result of negligence or inadvertence.
Source. #13557, eff 3-1-23
Vet 402.05 Standards for the Selection of Sanctions. The board shall select appropriate
sanction(s):
(a) From the list in Vet 402.02; and
(b) By choosing, in light of
the characteristics determined pursuant to Vet 402.04, the sanction or
combination of sanctions:
(1) Most likely to protect public health and
safety;
(2) Most likely to prevent future misconduct by
the licensee;
(3) Takes into account any acknowledgement of
fault by the licensee and any cooperation by the licensee with the board's
investigation of misconduct;
(4) Takes into account the licensee’s state of mind at the time of the offense
(5) Most likely to correct any attitudinal,
educational, or other deficiencies which led to the licensee's misconduct;
(6) That encourages the responsible practice of
veterinary medicine; and
(7) That demonstrates to the licensee and the
public the board's intention to ensure that its licensees practice in
accordance with applicable law and to promote public welfare.
Source. #13557, eff 3-1-23
Vet 402.06 Disciplinary Action in Another
Jurisdiction.
(a) Failure of a
licensee to notify the board within 15 days of disciplinary action in another
jurisdiction shall result in disciplinary action of up to and including
revocation of New Hampshire veterinary license if the same offense would result
in disciplinary action in New Hampshire.
(b) The licensee shall
have details of the disciplinary action forwarded to the board directly from
that jurisdiction within 30 days of the action.
Source. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23 (formerly Vet 402.02)
Vet
402.07 Unauthorized Practice. When the board determines that one of the
following measures is likely to be the most effective way to stop unauthorized
practice as defined in RSA 332-B:1-a, the board shall:
(a) Issue a cease and desist order against the
person or entity engaged in the unauthorized practice; or
(b) Seek an injunction against such person or
entity.
Source. #13557, eff 3-1-23
Vet
402.08 Notification of American
Association of Veterinary State Boards (AAVSB). The board shall report to Veterinary Information Verifying Agency (VIVA) any disciplinary actions or findings of misconduct in this state.
Source. #13557, eff 3-1-23
PART Vet 403 CONTINUING EDUCATION
Vet 403.01 Continuing Education Requirements.
(a) The licensee shall obtain a minimum of 30
hours of continuing education during the immediately preceding 24 months of the
date of renewal as set forth in RSA 332-B:13, III with a minimum of 6 hours
earned per each 12-month period preceding the renewal.
(b) Continuing education courses shall be a
course sponsored or approved by one of the following organizations:
(1) The American Association of
Veterinary State Boards, Registry of Approved Continuing Education (RACE);
(2) American Animal Hospital
Association (AAHA);
(3) American Association of
Avian Pathologists (AAAP);
(4) American Association of
Bovine Practitioners (AABP);
(5) American Association of
Equine Practitioners (AAEP);
(6) American Association of
Feline Practitioners (AAFP);
(7) American Association of
Food Hygiene Veterinarians (AAFHV);
(8) American Association of
Industrial Veterinarians (AAIV);
(9) American Association of
Rehabilitative Veterinarians (AARV);
(10) American Association of
Small Ruminant practitioners (AASRP);
(11) American Association of
Swine Veterinarians (AASV);
(12) American Association of
Veterinary Clinicians (AAVC);
(13) American Board of
Veterinary Practitioners (ABVP);
(14) American Board of
Veterinary Toxicology (ABVT);
(15) American College of
Laboratory Animal Medicine (ACLAM);
(16) American College of
Poultry Veterinarians (ACPV);
(17) American College of
Theriogenologists (ACT);
(18) American College of
Veterinary Anesthesia and Analgesia (ACRAA);
(19) American College of
Veterinary Behaviorists (ACVB);
(20) American College of
Veterinary Clinical Pharmacology (ACVCP);
(21) American College of
Veterinary Dermatology (ACVD);
(22) American College of
Veterinary Emergency and Critical Care (ACVCC);
(23) American College of
Veterinary lnternal Medicine (ACVIM);
(24) American College of
Veterinary Microbiologists (ACVM);
(25) American College of
Veterinary Nutrition (ACVN);
(26) American College of
Veterinary Ophthalmologists (ACVO);
(27) American College of
Veterinary Pathologists (ACVP);
(28) American College of Veterinary Preventive Medicine (ACVPM);
(29) American College of
Veterinary Radiology (ACVR);
(30) American College of
Veterinary Surgeons (ACVS);
(31) American College of
Zoological Medicine (ACVZM);
(32) American Embryo Transfer
Association (AETA);
(33) American Society of
Laboratory Animal Practitioners (ASLAP);
(34) American Veterinary Dental
College (AVDC);
(35) American Veterinary
Medical Association (AVMA);
(36) Association of Avian
Veterinarians (AAV);
(37) Atlantic Coast Veterinary
Conference (ACVC);
(38) Fetch dvm360 Conference;
(39) International Association
for Aquatic Animal Medicine (IAAAM);
(40) National Association of
State Public Health Veterinarians;
(41) North American Veterinary
Community (NAVC), including Veterinary Meeting and Expo (VMX);
(42) Penn State Dairy
Production Medicine (certificate programs);
(43) State and Regional
Veterinary Medical Associations;
(44) US Animal Health
Association (USAHA);
(45) Veterinary Emergency
Critical Care Society (VECCS);
(46) Veterinary Orthopedic
Society (VOS); and
(47) Western Veterinary
Conference (WVC).
(c) A minimum of 24 hours per renewal shall be
medical courses with a maximum of 6 hours earned in non-medical courses
including practice management, professional development, and professional
wellness.
(d) A maximum of 6 credits shall be from programs
accredited by the United States Department of Agriculture (USDA).
(e) A maximum of 4 hours shall be in
complementary and alternative veterinary therapies.
(f) At least one hour shall be in the content
area of medical records, law, or ethics.
(g) At least one hour shall be in
the area of opioid use or prescribing of opioids.
(h) A maximum of one contact hour of
continuing education for professional wellness per biennium.
(i) A minimum of 50% of continuing education
hours shall be obtained through in person or simultaneously interactive remote
learning.
(j) No more than 50% of the required continuing
education shall be through passive prerecorded learning.
(k) Documentation of continuing education courses
shall be:
(1) A certificate of attendance
containing the following information:
a. Name of organization
providing or sponsoring the course;
b. Date of the course;
c. Title of the course;
d. Name of speaker; and
e. Number of hours earned at
the course;
(2) Proof of completion of a
course approved by the American Association of Veterinary State Boards, RACE
shall have the RACE number printed on it in addition to the information
described in (1) above; and
(3) Maintained for no less than
3 years.
(l) Continuing education courses not approved by organizations listed in (c) above shall
be submitted to the board for preapproval and be considered appropriate for
approval if the course is:
(1)
Specific to the licensee’s practice type or location; and
(2)
Designed to enhance the licensee’s veterinary skills;
(m) Requests for approval of continuing education
described in (k) above shall be submitted to the board a minimum of 10 weeks in
advance of attendance.
(n) Requests for continuing education credits for
international conferences that are not RACE approved shall be submitted to the
board a minimum of 10 weeks in advance of attendance accompanied by proof of
the host country’s certification organization showing that the organization is
equivalent to RACE.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
Vet 403.02 Audit Procedure.
(a)
The board shall select on a random basis a minimum of 3% of the renewal
applications submitted in each renewal year for an audit of completion of the
continuing education required by Vet 403.01.
(b)
Audited renewal applicants who reported on the renewal application form
that they completed continuing education shall respond to the board’s request
no later than the date indicated on the letter informing them that they have
been audited and do so by:
(1) Providing a list of continuing education
earned on the “Veterinary Board Continuing Education Audit Form” dated 10/2022;
and
(2) Attaching to the “Veterinary Board Continuing
Education Audit Form” proof in the form of the documentation described in Vet
403.01(j).
(c)
If the board observes that the documents submitted pursuant to (b)(1)
above do not support the renewal applicant's claim of continuing education, the
board shall review the possibility that the renewal applicant made an error on
the renewal application form or in submitting documents.
(d)
In making the review called for by (c) above, the board shall seek
further information from the renewal applicant if doing so will aid in the
review.
(e)
If, having completed the review required by (c) above, the board
believes that the renewal applicant made an error in reporting or in submitting
documents and did not intentionally falsely report continuing education, the
board shall:
(1) Require correction of the error; or
(2) If the error cannot be corrected issue a
notice of hearing to determine if the license violated the rules governing
continuing education.
(f)
If, having completed the review required by (d) above, the board
believes that the renewal applicant has intentionally falsely reported
continuing education, the board shall commence a disciplinary adjudicative proceeding.
Source. #13557, eff 3-1-23
PART Vet 404 ONGOING REQUIREMENTS
Vet 404.01 Change of Address. Each licensed veterinarian shall notify the
board of any change of his or her address within 30 days of the change.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
Vet 404.02 Change of Name. Each licensed veterinarian shall in practice
situations use their name, which shall be the name in which the licensee’s
license is issued and the licensee shall notify the board in writing within 30
days of a name change and provide the board with a copy of the legal
documentation.
Source. #13557, eff 3-1-23
Vet 405.01 Veterinary Nurses, Veterinary Technicians,
or Veterinary Assistants’ Acts and Conduct.
(a) All
veterinary nurses, veterinary technicians, and veterinarian assistants who
assist a licensed veterinarian in the care and treatment of
animals shall be the professional responsibility of the licensed veterinarian being assisted. The
licensed veterinarian shall supervise the veterinary nurses, veterinary technicians, and veterinary assistants.
(b) The veterinary
nurses, veterinary technicians, or veterinary assistants’ acts and
conduct shall be deemed at all times to be the acts
and conduct of the supervising
licensed veterinarian.
(c) Licensees shall refer to Vet 800 which
describes the training and scope of activity allowed to be performed by a
veterinary nurses, veterinary technicians, and veterinary assistants in the
practice of veterinary medicine.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13557, eff 3-1-23
PART Vet 406 REINSTATEMENT OF AN EXPIRED LICENSE
Vet 406.01 Application for Reinstatement.
(a)
Applicants for reinstatement who have allowed their license to lapse for
non-renewal for no more than 5 years shall apply by:
(1) Submitting an “Application for Reinstatement
of Licensure to Practice Veterinary Medicine” form, revised 10/2022;
(2) Placing
their signature on the “Application for Reinstatement of Licensure to Practice
Veterinary Medicine” form after the following statement:
“I acknowledge that
knowingly making a false statement on this application form is a misdemeanor
under RSA 641:2, I. I certify that the information I have provided on all parts
of the application form, and in the documents that I have personally submitted
to support my application, is complete and accurate to the best of my knowledge
and belief. I also certify that I have
read and understood the statute and the rules of the Board of Veterinary Medicine and promise that, if I am
licensed, I will abide by them.”
(3) Pay the fee required by Plc 1002.44;
(4) Show proof of having completed 30 hours of
continuing education, as described in Vet 403, within the immediately preceding
2 years of the date the application for reinstatement was submitted; and
(5) Be of good professional character as
described in Vet 302.
(b)
Applicants for reinstatement who
allowed their license to lapse for non-renewal for more than 5 years and have
been active in the profession by practicing as a veterinarian for at least
1,000 hours per year in a jurisdiction outside of New Hampshire for 3 years or
more shall apply by:
(1) Submitting an “Application for Reinstatement
of Licensure to Practice Veterinary Medicine” form, revised 10/2022;
(2) Pay the fee required by Plc 1002.44;
(3) Show proof of having completed 30 hours of
continuing education, as described in Vet 403, within the immediately preceding
2 years of the date the application for reinstatement was submitted; and
(4) Be of good professional character as
described in Vet 302.
(c) Applicants for reinstatement who allowed
their license to lapse for non-renewal for more than 5 years and have not been
active in the profession by practicing as a veterinarian for at least 1,000
hours per year in any jurisdiction for 3 years or more shall apply by:
(1) Submitting an “Application for Reinstatement
of Licensure to Practice Veterinary Medicine” form, revised 10/2022;
(2) Pay the fee required by Plc 1002.44; and
(3) Show proof of having completed 30 hours of
continuing education, as described in Vet 403, within the immediately preceding
2 years of the date the application for reinstatement was submitted.
(4) Submitting verification of licensure directly
to the board from each state or jurisdiction where the applicant has ever been
licensed;
(5) Submitting a current curriculum vitae (CV) or
resume;
(6) Submitting 2 letters of recommendation sent
directly to the board from practicing veterinarians who can attest to the
veterinary abilities of the applicant within the last 5 years;
(7) Submitting detailed information of pending
complaints or disciplinary action taken in another state or jurisdiction
relating in any way to the practice of veterinary medicine; and
(8) Be of good professional character as
described in Vet 302.
Source. #13557, eff 3-1-23
CHAPTER Vet 500 ETHICAL STANDARDS
PART Vet 501 UNPROFESSIONAL CONDUCT
Vet 501.01 Adoption
of Principles of Veterinary Medical Ethics.
All licensed veterinarians shall comply with the Principles of
Veterinary Medical Ethics of the AVMA as revised August 2019 and available as
noted in Appendix II except where the
vet rules have a stricter requirement.
Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09; ss by #12080, eff
12-30-16; ss by #13466, eff 10-21-22
Vet
501.02 Violations of Principles of
Veterinary Medical Ethics. Conduct
which violates the Principles of Veterinary Medical Ethics of the AVMA as
revised April 2016 shall constitute unprofessional or dishonorable conduct
pursuant to RSA 332-B:14, II(c).
Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09; ss by #12080, eff
12-30-16
Vet 501.03 Veterinary Specialists.
(a)
No veterinarian shall identify him or herself as a member of an
AVMA-recognized specialty organization if such certification has not been
awarded and maintained. Only those
veterinarians who have been certified by an AVMA-recognized veterinary
specialty organization shall refer to themselves as specialists.
(b)
All licensees shall clearly identify their level of veterinary degree
and expertise, whether they are specialists or not, to the client to avoid
confusion so that the client may seek an appropriate level of care.
Source..
#13466, eff 10-21-22
Vet 501.04 Specialty Facilities
Naming Guidelines.
(a)
A facility that provides services by AVMA-recognized board-certified
veterinary specialist(s) shall be referred to as a specialty referral facility.
(b)
In order to use the term specialty or referral in the name of a
facility, more than half of the total average veterinary hours worked per week
shall be worked by AVMA-recognized board-certified veterinary specialists as
described in Vet 501.03.
(c)
In order to use the terms “specialty”, “specialist”, “referral”, or
similar in the facilities name, a facility shall offer AVMA recognized
specialty services provided by an AVMA board-certified veterinary specialist(s)
and shall not provide general practice services on a regular basis.
Source..
#13466, eff 10-21-22
PART Vet 502 EMERGENCY COVERAGE AND AFTER HOURS CARE
Vet 502.01 Emergency
Coverage.
(a)
The licensed veterinarian shall be available for follow-up evaluation or
provide guidance to clients for veterinary emergency coverage, and continuing
care and treatment.
(b)
The licensed veterinarian shall disclose what his or her usual and customary
business hours are when establishing a veterinarian-client-patient-relationship
(VCPR).
Source. #5311, eff 1-21-92, EXPIRED: 1-21-98
New. #6859, eff
9-30-98; ss by #7418, eff 12-21-00, EXPIRED:
12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13466, eff 10-21-22
Vet 502.02 After
Hours Care. The licensed
veterinarian shall disclose to the client who will be providing the supervision
of the patient at any time a patient is on the premises, including, but not
limited to, overnight hospitalization.
Source. #13466, eff
10-21-22
PART Vet 503 EUTHANASIA
Vet
503.01 Adoption of AVMA Guidelines for the Euthanasia of Animals: 2020
Edition. All licensed veterinarians
shall comply with the AVMA Guidelines for the Euthanasia of Animals: 2020
Edition, available as noted in Appendix II and except where vet rules have a
stricter requirement.
Source. #13466, eff
10-21-22
CHAPTER Vet 600 PRACTICE OF
VETERINARY MEDICINE
PART Vet 601 ACUPUNCTURE
Vet 601.01 Acupuncture Defined. "Acupuncture" means inserting
needles into the tissue of living animals for the production
of counter-irritation.
Source. #1697, eff 1-1-81; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. 13453, eff 9-29-22
Vet 601.02 License Required.
(a) Acupuncture performed on an animal shall be
considered the practice of veterinary medicine and shall be performed only by
persons authorized to practice under RSA 332-B and the rules of this title.
(b) The terms "application" and
"technique" shall include acupuncture.
Source. #1697, eff 1-1-81; ss by #2294, eff 2-1-83;
ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00,
EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13453, eff 9-29-22
PART Vet 602 EMBRYO TRANSFERS
Vet 602.01 Surgical Embryo Transfers. Surgical embryo transfers in animals shall be
considered the practice of veterinary medicine and shall be performed only by
persons authorized to practice under RSA 332-B and the rules of this title.
Source. #2413, eff 7-5-83; ss by #2892, eff 10-26-84;
ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss
by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. 13453, eff 9-29-22
PART Vet 603 TELEMEDICINE
Vet 603.01 Practice
of Telemedicine.
(a) The
practice of veterinary medicine includes telemedicine and shall be conducted
within a veterinarian-client-patient relationship (VCPR). Persons who are not licensed in New Hampshire
as veterinarians, shall not provide remote veterinary telemedicine services to
a client or patient in New Hampshire through telephonic, electronic, or another
technological method.
(b) The
requirement in (a) above shall not prohibit the following:
(1) Provision of consulting services to an
attending veterinarian who has established a valid VCPR; and
(2) On-call or other coverage arrangements among
veterinarians who regularly practice at the same physical location and within the practice of the veterinarian who
initially established the VCPR, when the veterinarian has current access to the
patient’s current and prior medical record.
Source. #13453, eff 9-29-22
PART Vet 604 VETERINARY CLIENT
PATIENT RELATIONSHIP (VCPR)
Vet 604.01 Establishing a VCPR. A VCPR shall be established only through an
in-person physical examination by the licensed veterinarian or an in-person
site visit by the licensed veterinarian.
Source. #13453, eff 9-29-22
Vet 604.02 Maintaining a VCPR. A VCPR shall expire unless an in-person
physical examination or an in-person site visit has been completed by the
licensed veterinarian in the prior 365 days.
Source. #13453, eff 9-29-22
CHAPTER Vet 700 VETERINARY
MEDICAL RECORDS
PART Vet 701 RECORD MAKING AND KEEPING
Vet 701.01 Daily Reports.
(a) Every licensed
veterinarian shall make daily
written reports in the medical records
of the animals he or she treats as
follows:
(1) Records for companion animals and horses
shall be kept for each animal, but records for livestock, as defined in RSA 21:34-a excluding
horses, may be maintained on a group or client basis;
(2) The records shall be readily retrievable and
shall be kept by the veterinary
facility, practice owner, or licensed veterinarian medical director in the event that the veterinary practice owner is not a
licensed veterinarian, for a period of at least 5 years following the
last treatment or examination; and
(3) This
record-making and keeping requirement in (1) and (2) above shall apply to any
practice of veterinary medicine regardless of when, where, and how it was done
or the reason the services were performed.
(b) The records required by Vet 701.01(a) shall include, but not
be limited to, the following:
(1) Name, address, and
telephone number of the animal’s
owner on each page of the medical
record;
(2) Name, number, or other identification, such as microchip, tattoo, or ear tag,
of the animal or group on each page of
the medical record;
(3) Species, breed, age, sex, and color of the animal;
(4) Immunization record;
(5) Beginning and ending dates
of custody of the animal;
(6) Date and time of visits and treatments;
(7) Reason for visit;
(8) An pertinent history of the animal’s condition as it pertains to its
medical status;
(9) Physical examination including:
(a)
Whether within normal limits, abnormal, or not examined; and
(b)
Absolute data as applicable, including, but not limited to:
a. Weight;
b. Temperature;
c. Heart rate; and
d. Respiratory rate;
(10) Laboratory, radiology and imaging, and ancillary
services or data and interpretation;
(11) Assessment, prognosis, and provisional or final
diagnosis;
(12)
Plan for testing, diagnostics, and treatment;
(13)
All treatments and medications administered, prescribed, or dispensed:
a. Including time, dose, and
route of administration; and
b. Response to treatment;
(14) Surgery and anesthesia,
including but not limited, to medications, materials, and vital signs;
(15) Progress of the case;
(16)
Documented authorization by the client consenting to or declining of
recommendations, and their associated risks, benefits, and costs;
(17)
Cage charts,
dental charts, surgical reports, and anesthesia monitoring records;
(18)
All communications with clients whether in person, over the phone, in written or electronic
form or via another method;
(19)
An accurate description of dental procedures, including duration and
identity of the practice team members involved in the procedure; and
(20) Discharge instructions.
(c) Computerized records shall be locked down
every 24 hours so they shall not
be altered.
(d) Medical records shall be
legible.
(e) The author of medical record entries shall be
permanently and uniquely identified, by code numbers or letters, initials, or
signatures, in a manner that is understood by anyone examining such records.
(f) Sufficient information shall be entered in
the history and examination portions of the record to justify the tentative
diagnosis, problems, and treatment.
Source. #7418, eff 12-21-00; amd by #7710, eff
6-21-02, paras. (b)(c) EXPIRED: 12-21-08; ss by #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13454, eff 9-28-22
Vet 701.02 Transfer of Records.
(a) The original physical records shall be the
property of the practice, shelter, or facility at which care was provided
except that the licensed veterinarian
shall comply with any request by the animal’s owner for a copy of the records
within one week. A minimal fee may be charged but the sending
of the copies shall not be contingent upon payment of any prior outstanding
balance or this fee.
(b) All previous veterinary medical records
relating to the animal, not the owner, shall become available to the new owner
of an animal.
(c) Unique,
non-digital radiographs and ultrasonographic images shall be transferred
to the new veterinarian if requested by the animal’s owner but shall be
returned to the original veterinarian. The new veterinarian may make copies of
the images if needed.
(d)
Medical records exclude financial and billing information.
Source. #7418, eff 12-21-00, EXPIRED: 12-21-08
New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17
New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20
New. #13454, eff 9-28-22
CHAPTER Vet 800 NON-VETERINARIANS
PART Vet
801 VETERINARY NURSES, VETERINARY TECHNICIANS, AND VETERINARY ASSISTANTS
Vet 801.01 Definitions.
(a) “Non-veterinarian” means a veterinary nurse,
a veterinary technician, or a veterinary assistant employed and who is under
the direction and responsibility of a licensed veterinarian.
Source. #13577, eff 5-15-23
Vet 801.02 Testing.
(a) Anyone who has graduated from an AVMA
accredited veterinary technology or veterinary nursing program shall be
eligible to take the VTNE offered by the American Association of Veterinary
State Boards (AAVSB).
(b) Anyone who has a bachelor’s degree with a
concentration in pre-veterinary medicine and has 2 years of on-the-job training
covering the tasks listed in Vet 802 and verified by a letter from a licensed
supervising veterinarian shall be eligible to take the VTNE offered by the
AAVSB until May 1, 2026. Anyone who
wishes to take the VTNE after May 1, 2026 shall comply
with (a) above.
(c) Anyone who has obtained 4 years of on-the-job
training covering the tasks listed in Vet 802 and verified by a letter from a
supervising veterinarian shall be eligible to take the VTNE offered by the
AAVSB until May 1, 2026. Anyone who
wishes to take the VTNE after May 1, 2026 shall comply
with (a) above.
Source. #13577, eff 5-15-23
PART Vet 802 TASKS ALLOWED TO BE PERFORMED BY A VETERINARY NURSE OR
VETERINARY TECHNICIAN
Vet 802.01 Veterinary Nurse or Veterinary Technician.
(a) Under the immediate supervision of the
licensed veterinarian, the veterinary nurse and veterinary technician shall be
authorized to assist during surgical procedures.
(b) Under direct supervision the following tasks
may be delegated to a veterinary nurse or veterinary technician:
(1) Induction and maintenance
of anesthesia, by inhalant gas or intravenous method, including placing of
endotracheal tube;
(2) Euthanasia;
(3) Administration of
parenteral sedatives, including those intended as a premedication for
anesthesia;
(4) Blood or blood component
collection, preparation, or administration for the purpose of blood banking or
transfusion;
(5) Application of bandages and
splints;
(6) Dental procedures limited
to the removal of calculus and plaque, polishing, and application of barrier
sealants; and
(7) Central intravenous or
arterial catheterization.
(c) Under indirect supervision, the following
tasks may be delegated:
(1) Administration and
application of treatments, drugs, medications, and immunological agents by oral
and parenteral routes with the exception of:
a. Intra-cardiac or epidural
routes; and
b. Medications intended to
induce sedation as a premedication to anesthesia;
(2) Intravenous
catheterizations except central venous or arterial catheters;
(3) Initiation of parenteral
fluid administration;
(4) Radiography including
settings, positioning, processing, and safety procedures;
(5) Collection of blood;
(6) Collection of urine by
expression, catheterization, or cystocentesis;
(7) Collection and preparation
of tissue, cellular or microbiological samples by skin scrapings, impressions,
or other non-surgical methods;
(8) Tonometry;
(9) Routine laboratory test
procedures;
(10) Handling of biohazardous
waste material; and
(11) Measurement of blood
pressure.
(d) Other services shall only be delegated by the
supervising to a veterinary nurse or veterinary technician if they are
competent to perform them based on the veterinary technician’s or veterinary
nurses’ skill level and shall include, at a minimum, indirect supervision
unless those services are prohibited by this chapter or RSA 332-B.
(e) Under conditions of emergency, a veterinary
nurse or veterinary technician may render the following aid and treatment:
(1) Without a direct order from
a licensed veterinarian:
a. Application of a tourniquet
or pressure bandage to control hemorrhage;
b. Resuscitative procedures not
to include administration of drugs or defibrillation;
c. Application of splints,
wound dressings or bandages to prevent further damage of or to bones or soft
tissue;
d. Peripheral intravenous
catheterization; and
e. Oxygen therapy.
(2) After a direct order from a
licensed veterinarian, a veterinary nurse or technician may perform the
administration of pharmacological agents or parenteral fluids.
(f) No
veterinary nurse or veterinary technician shall:
(1) Make any diagnosis or
prognosis;
(2) Prescribe any treatments,
drugs, medications, or appliances; or
(3) Perform surgery.
(g) Any veterinary nurse or veterinary
technician, working for an animal shelter as defined in RSA 437:1, I, shall be
exempt from the requirement to have direct supervision by a licensed
veterinarian while performing euthanasia during their work at that animal
shelter.
Source. #13577, eff 5-15-23; ss by #13826, eff
2-18-24
Vet 803.01 Students in a Veterinary Technician
Program. A person who is a student
in an AVMA accredited veterinary technology program or a post-secondary
pre-veterinary program may perform the tasks described in Vet 802.01 while working under the direct supervision
of a credentialed veterinary nurse or veterinary technician assuming the
appropriate level of veterinary supervision as outlined in Vet 802.
Source. #13577, eff 5-15-23
PART Vet 804 VETERINARY
ASSISTANTS
Vet 804.01 Tasks Allowed to be Performed
by Veterinary Assistants. On order of the supervising veterinarian and
as appropriate to the level of the veterinarian assistant’s skill as determined
by the supervising veterinarian, a veterinary assistant under indirect
supervision, may:
(a) Monitor anesthesia under immediate
supervision;
(b) Obtain and prepare blood samples;
(c) Perform laboratory services for which an
assistant has been trained and shall be conducted under indirect supervision as
defined in Vet 102.01(u);
(d) Administer oral medication, subcutaneous
injections, and fluids, except those intended to induce sedation prior to
anesthesia which shall only be administered under immediate supervision;
(e) Connect and disconnect intravenous fluids; and
(f) Restrain
the animal.
Source. #13577, eff 5-15-23
CHAPTER Vet 900 ANIMAL DENTAL CARE
PART Vet 901 DENTAL CARE
Vet 901.01 Dental Care Performed by a Licensed Veterinarian.
(a) Veterinary dentistry is a discipline of
veterinary medicine and surgery and includes the diagnosis, treatment, and
management of the oral health for companion animals, equines, livestock, and
various exotic species.
(b) Surgical procedure of the head or oral cavity
shall include the following:
(1) The administration of
prescription of sedatives, tranquilizers, analgesics, or anesthetics;
(2) Invasive procedures of the
tissues of the oral cavity such as, but not limited to, the following:
a. Removal of sharp enamel
points, except as permitted by Vet 101.02(b)(4);
b. Treatment of malocclusions
of premolars, molars, canine teeth, and incisors;
c. Odontoplasty;
d. Extraction of first
premolars and deciduous premolars and incisors;
e. Extraction of damaged or
diseased teeth;
f. Treatment of diseased teeth
via restorations or endodontic procedures;
g. Periodontal and orthodontic
treatments; and
h. Endoscopy of the oral
cavity; and
(3) Interpretation of dental
radiography.
(c) A veterinarian shall perform operative
dentistry and oral surgery for companion animals, equines, livestock, and
various exotic species.
Source. #13657, eff 8-13-23
Vet 901.02 Anesthesia or Sedation.
(a) A small animal patient shall be anesthetized
using an endotracheal tube for a complete oral examination, intraoral
radiography, and dental scaling to be performed.
(b) Large animals and exotic patients shall be
administered sedatives, tranquilizers, analgesics, or anesthetics based on the
veterinarian’s judgement and best practice.
(c) The veterinarian shall use the following
criteria to determine if referral to a veterinary dental specialist or a
practice with a veterinary anesthesiologist is appropriate:
(1) When the dental procedure
requires skills, equipment, and expertise beyond the level of capabilities of
the primary care veterinarian;
(2) When the client expressed
the desire for a higher level of care that exceeds the capabilities of the
primary care veterinarian; or
(3) When there is significant
anesthetic risk factors and comorbidities.
Source. #13657, eff 8-13-23
Vet 901.03 Medical Records of Dental Procedures:
(a) The following information shall be included
in the dental chart or medical record described in Vet 701.01(b)(19):
(1) A complete description of
all dental, oral, or other disease present during the examination;
(2) A complete description of
all abnormal findings; and
(3) Documentation of
communication with the client with regards to any dental disease or abnormal
dental findings.
Source. #13657, eff 8-13-23
CHAPTER Vet 1000 PRESCRIPTION
DRUG MONITORING PROGRAM
PART Vet 1001 OPIOID MANAGEMENT
Vet 1001.01 Opioid Management by Veterinarians.
Veterinarians shall not be obligated to prescribe opioids, and as
required by RSA 318-B:10 I and II, licensees
shall adhere to the following rules regarding prescribing of opioids for pain:
(a) Conduct and document a detailed patient
history and physical exam in response to a complaint of pain or anticipated
pain;
(b) Complete and document a risk assessment to
determine whether a patient is a medically appropriate candidate for a schedule
II, III, or IV opioid. Examples of
acceptable risk assessment processes may
be found in the 2022 AAHA/AAFP Pain Management Guidelines for Dogs and
Cats, and the WSAVA Guidelines
for Recognition, Assessment, and Treatment of Pain, June 2014 edition which are
both available as noted in Appendix II;
(c) Establish and document a pain treatment plan
for the patient that includes the lowest effective dosage of opioids for the
fewest days possible as well as consideration of non-pharmacological modalities
and non-opioid therapy. Examples of
acceptable treatment plan considerations may be found in the 2022 AAHA/AAFP
Pain Management Guidelines for Dogs and Cats, and the WSAVA Guidelines for Recognition, Assessment, and
Treatment of Pain, June 2014 edition which are both available as noted in
Appendix II;
(d) Document informed consent of the owner
including:
(1) The risk of side effects
for the patient;
(2) The risks of keeping unused
medication;
(3) Options for safely securing
and disposing of unused medication; and
(4) That
prior to any query of the prescription
drug monitoring program (PDMP) as required, the owner’s personal history
of prescription access may be checked by the veterinarian, pursuant to RSA
126-A:92, in addition to the prescribing history for the patient;
(e) Prescribers required to register with the
PDMP pursuant to RSA 126-A:91,
or their designee, shall query the PDMP
to obtain a history of schedule II-IV controlled substances dispensed to a
patient, prior to the prescriber prescribing an initial schedule II, III, and
IV opioids for the management or treatment of the patient’s pain,
and then periodically, and but no less than twice per year,
except when:
(1) Opioids are administered to
patients in a health care setting;
(2) Treating acute pain
associated with serious traumatic injury, post-operatively, or with an acute
medical condition, with clear objective findings by the licensee, for no more
than 7 days supply of schedule III, IV, or V
substances; or
(3) When the PDMP database is
inaccessible or not functioning properly the specific reason why there was no
query of the database shall be documented in the patient’s medical record;
(f) If opioids are indicated and appropriate for
prescription for acute pain, in addition to the requirements in Vet 501.04 (b),
prescribing licensees shall not prescribe for more than 7 days
supply of schedule III, IV, or V substances; and
(g) If opioids are indicated and appropriate for
prescription for chronic pain, in addition to the requirements in Vet 501.04
(b) when opioids are prescribed for more than 90 days within any 6-month
period, the prescribing veterinarian shall create and discuss
a written treatment plan with the owner which includes but not be limited to:
(1) The goals of treatment, in
terms of pain management and restoration of function;
(2) The owner's agreement to
give the medications to the patient at the dose and frequency prescribed;
(3) The risk of side effects
for the patient;
(4) Time course for treatment,
including periodic evaluation of the patient by the veterinarian to ascertain whether or not a change to, or discontinuance of, opioid
therapy, is warranted;
(5) Specific conduct that
triggers the discontinuation or tapering of opioids;
(6) The owner’s obligation to
provide safe medication use and storage;
(7) The owner’s legal
requirement of obtaining opioid prescriptions from a single veterinary practice
which shall be dispensed by a single pharmacy, if possible; and
(8) Any other provisions to
which the owner and the veterinarian agree.
Source. #13576, eff 5-15-23
APPENDIX I
Rule |
Specific State Statute Which the
Rule Implements |
Vet 101.01 thru
101.02 |
RSA 332-B:1-a;
RSA 332-B:7, I, II, & IV |
Vet 102.01 |
RSA 332-B:1 |
Vet 103.01 |
RSA 332-B:3, I |
Vet 103.02 thru
103.03 |
RSA 332-B:5; RSA
332-B:7, VI |
Vet 103.04 |
RSA 332-B:7, VI |
Vet 104.01 |
RSA 91-A:4 |
Vet 104.02 |
RSA 332-B:7-a,
VII |
|
|
Vet 201.01 |
RSA 332-B:7, IV,
and RSA 332-B:14 |
Vet 201.02 thru
201.05 |
RSA 332-B:15, I,
II, & III |
Vet 202.05 |
RSA 332-B:16,
III(a),(b) |
Vet 202.06 |
RSA 541-A:30,
III |
Vet 202.07 |
RSA 332-B:16, IV |
Vet 202.08 thru
202.09 |
RSA 541-A:30,
III |
Vet 202.01 thru
202.04 |
RSA 541-A:30,
III |
|
|
Vet 202.05 |
RSA 332-B:16,
III(a)(b) |
Vet 202.06 |
RSA 541-A:30,
III |
Vet 202.07 |
RSA 332-B:16, IV |
Vet 202.08 thru
202.09 |
RSA 541-A:30,
III |
Vet 202.10 |
RSA 332-B:16, I,
II(a), & VI |
Vet 202.11 thru
202.12 |
RSA 541-A:32 |
Vet 202.13 thru
202.14 |
RSA 541-A:30,
III |
Vet 202.15 |
RSA 332-B:7, IV |
Vet 202.16 |
RSA 91-A:2, II |
Vet 203.01 thru
203.02 |
RSA 541-A:4 |
Vet 204.01 thru
204.05 |
RSA 541-A:11,
I-V; RSA 541-A:16, I (b) (3) |
Vet 205.01 thru
205.05 |
RSA 541-A:16, I
(a) and (d) |
Vet 206.01 thru
206.02 |
RSA 541-A:11,
VII |
|
|
Vet
207.01 |
RSA
541-A:16, I(b) |
|
|
Vet 301.01 |
RSA 332-B:9; RSA
318-B:41 |
Vet 301.02 |
RSA 332-B:7-a, I |
Vet 302.01 and
302.02 |
RSA 332-B:9
& RSA 332-B:11 |
Vet 303.01 and
303.02 |
RSA 332-B:10 |
Vet 304.01 |
RSA 332-B:11 |
|
|
Vet 305.01 thru
305.03 |
RSA 332-B:12 |
|
|
Vet 304.01 and
304.02 |
RSA 332-B:12 |
Vet 305.01 thru
305.03 |
RSA 332-B:7, III |
Vet 306.01 |
RSA 332-B:13, I |
Vet 306.02 thru
306.03 |
RSA 332-B:7, III |
|
|
Vet 401.01 |
RSA 332-B:7-a,
V, RSA 332-B:13, I, II, & III |
Vet 401.02 |
RSA 332-B:13,
III |
Vet 402.01
through 402.08 |
RSA 332-B:14,
II, & III |
Vet 403.01 |
RSA 332-B:13,
III |
Vet 403.02 |
RSA 332-B:13,
III |
Vet 404.01 and
404.02 |
RSA 332-B:13, I |
Vet
405.01 |
RSA
332-B:7-a, X |
Vet
406 |
RSA
332-B:7-a, II, RSA 332-B:17 |
|
|
Vet 501.01 |
RSA 332-B:9 |
Vet 501.02 |
RSA 332-B:9 |
Vet 501.03 |
RSA 332-B:7-a,
II |
Vet 501.04 |
RSA 332-B:7-a,
XII |
Vet 502.01 |
RSA 332-B:7-a,
VI |
Vet
502.02 |
RSA
332-B:7-a, XII |
Vet 503.01 |
RSA 332-B:7-a,
VI |
|
|
Vet 601 thru 604 |
RSA 332-B:1, III |
|
|
Vet 700 |
RSA 332-B:7-a,
XII |
|
|
Vet 800 |
RSA 332-B:7-a,
X, RSA 541-A:16,I(b) |
Vet
802.01 |
RSA
332-B:7-a, X |
|
|
Vet 901.01 |
RSA 332-B:7-a,
II |
Vet 901.02 |
RSA 332-B:7-a,
II |
Vet 901.03 |
RSA 332-B:7-a,
II |
|
|
Vet 1000 |
RSA 332-B:7-a,
XV |
APPENDIX II
Rule |
Material Incorporated |
How Materials May Be Obtained |
Vet 501.01 thru
501.02 |
Principles of
Veterinary Medical Ethics of the AVMA, August 2019 |
Electronic
via AVMA website, https://www.avma.org/resources-tools/avma-policies/principles-veterinary-medical-ethics-avma |
Vet 503.01 |
AVMA Guidelines
for the Euthanasia of Animals: 2020 Edition |
Electronic
via AVMA website, https://olaw.nih.gov/avma-guidelines-2020.htm
|
Vet 1001.01, (b)
+ (c) |
2022 AAHA Pain
Management Guidelines for Dogs and Cats, Mar/April 2022 |
The
document is available for download at no cost at AAHA/AAFP https://www.aaha.org/globalassets/02-guidelines/2022-pain-management/resources/2022-aaha-pain-management-guidelines-for-dog-and-cats_updated_060622.pdf
|
Vet 1001.01, (b)
+ (c) |
WSAVA Guidelines
for Recognition, Assessment, and Treatment of Pain, June 2014 |
Electronic
via https://ivapm.org/wp-content/uploads/2017/03/Mathews_et_al-2014-Journal_of_Small_Animal_Practice-WSAVA-03.10.17.pdf
|