CHAPTER 66 – VETERINARY MEDICAL BOARD
SECTION .0100 ‑ STATUTORY AND ADMINISTRATIVE PROVISIONS
21 NCAC 66 .0101 AUTHORITY: NAME AND LOCATION OF
BOARD
The "North Carolina Veterinary Practice Act,"
Article 11, Chapter 90, of the General Statutes of North Carolina, establishes
and authorizes the "North Carolina Veterinary Medical Board,"
hereafter referred to as the "Board." Unless otherwise directed, all
communications shall be addressed to the Board at Office of the Executive
Director, 1611 Jones Franklin Road, Suite 106, Raleigh, North Carolina 27606.
History Note: Authority G.S. 90-182; 90‑185(6);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. June 1, 2014; January 1, 2006; May 1, 1996;
May 1, 1989.
21 NCAC 66 .0102 DEFINITIONS
The definitions as found in G.S. 90‑181 are
incorporated in this Chapter by reference in accordance with G.S. 150B‑14(c).
History Note: Authority G.S. 90‑185(6); 150B‑14;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0103 ORGANIZATION OF BOARD: OFFICERS
21 NCAC 66 .0104 STATUTORY POWERS OF THE BOARD
History Note: Authority G.S. 90‑183; 90‑185(6);
90‑186;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
21 NCAC 66 .0105 APPLICABILITY OF BOARD RULES
The Executive Director shall mail a copy of Article 11 of
Chapter 90 of the North Carolina General Statutes and the rules of the Board
adopted under Chapter 90 to all applicants applying for licensure. Additional
copies are available from the Executive Director at the Board office. Rules
adopted and published by the Board under the provisions of Article 11 of
Chapter 90 and G.S. 150B shall be binding upon every individual holding a
license from the Board, and upon all professional corporations and entities
legally authorized to offer or to perform veterinary services in this state.
All licensees of the Board are charged with having knowledge of the existence
of the Board rules and shall be deemed to be familiar with their several
provisions and to understand them.
History Note: Authority G.S. 90‑185(6);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0106 CURRENT INFORMATION REQUIRED BY THE
BOARD
Each licensee shall keep the Board currently advised as to
his or her proper and current mailing address. All changes of professional
association, or dissolution of a professional relationship, shall be reported
within 60 days to the Executive Director together with the new status and
addresses of the individuals or firm.
History Note: Authority G.S. 90‑185(6);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0107 FORMS
Forms used by the Board are available from the Board office
upon request.
History Note: Authority G.S. 90‑185(6);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0108 FEES
The following fees established by the Board shall be paid in
advance to the Executive Director of the Board:
(1) Veterinary License
(a) Issuance or Renewal $150.00
(b) North Carolina License Examination $250.00
(c) Late Renewal Fee $50.00
(d) Reinstatement $100.00
(2) Veterinary Technician Registration
(a) Issuance or Renewal $50.00
(b) North Carolina Veterinary Technician
Examination $50.00
(c) Late Renewal Fee $50.00
(d) Reinstatement $100.00
(3) Professional Corporation Certificate of
Registration
(a) Issuance or Renewal $160.00
(b) Late Renewal Fee $50.00
(c) Reinstatement $100.00
(4) Limited Veterinary License
(a) Issuance or Renewal $150.00
(b) Late Renewal Fee $50.00
(c) Reinstatement $100.00
(5) Veterinary Faculty Certificate
(a) Issuance or Renewal $150.00
(b) Late Renewal Fee $50.00
(c) Reinstatement $100.00
(6) Zoo Veterinary Certificate
(a) Issuance or Renewal $150.00
(b) Late Renewal Fee $50.00
(c) Reinstatement $100.00
(7) Temporary Permit: Issuance $150.00
(8) Veterinary Student Intern Registration: Issuance
$25.00
(9) Veterinary Student Preceptee Registration: Issuance
$25.00
(10) Veterinary Practice Facility Inspection $125.00
(11) Copies of Board publications, rosters, or other
materials available for distribution from the Board shall be free or at a
minimal cost unless otherwise specifically provided by law. As used herein,
"minimal cost" shall mean the actual cost of reproducing the public
record or public information.
History Note: Authority 90‑185(6); 90-186(6); 90‑187(b);
90‑187.5; 132-6.2;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. January 1, 2016; January 1, 2015; May 1,
1996; May 1, 1989.
SECTION .0200 ‑ PRACTICE OF VETERINARY MEDICINE
21 NCAC 66 .0201 FORMS OF PRACTICE
(a) The phrase "veterinary practice" or
"veterinary medical practice" shall be deemed to be the delivery of
veterinary medical services by a licensed veterinarian through a sole
proprietorship or a legal entity authorized by law to engage in the delivery of
veterinary medical services.
(b) Veterinary practice may be by sole proprietors,
partnerships, or duly registered professional corporations, limited liability companies,
or limited liability partnerships. Only licensees may form a partnership or
other entities described herein authorized for the practice of veterinary
medicine. Partnerships of registered corporations are not permitted.
(c) No professional corporation may practice or offer to
practice veterinary medicine unless it complies with G.S. 55B‑10. No
professional corporation may do any act which individual licensees are
prohibited from doing, and every professional corporation practicing veterinary
medicine shall be subject to the disciplinary powers of the Board as prescribed
in G.S. 90‑187.8 and Rules .0205, .0206, .0207 and .0208 of this Section
as well as all other rules of the Board pertaining to individual or partnership
practice.
(d) The services of any veterinary medical professional
corporation or limited liability company shall be limited to veterinary
services as defined in G.S. 90‑181(6) and "such services as may be
ancillary thereto" as determined by the Board.
History Note: Authority G.S. 55B‑10; 55B‑12;
90‑185(6); 90‑187.11; 90‑187.12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0202 NAME OF PRACTICE
(a) The adoption or use of a name for the entity authorized
by law through which the licensed veterinarian practices and delivers
veterinary services shall have prior Board approval in order to avoid
duplication or confusion of names and to prevent use of names which might be
misleading. No proper names of persons other than licensees may be included in
the name. If the veterinary medical practice uses the name or names of the
veterinarians owning or operating the facility in the name of the practice, the
name shall conform to the requirements of G.S. 90-181.1(c), and Board approval
shall be obtained prior to the use of that name. The use of the word
"facility" is not required in the name of those facilities offering
the services described in G.S. 90-181.1(b)(2) and (b)(3) unless required by the
context for clarification.
(b) A facility where the practice of veterinary medicine is
conducted shall use in its name one of the descriptive terms as set forth in
G.S. 90-181.1(b), or descriptive terms that are substantially equivalent, in a
manner so as to accurately inform the public of the levels of service offered
at the facility.
History Note: Authority G.S. 55B‑5; 90‑185(6);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0203 LICENSE
REQUIRED TO PRACTICE; FACULTY CERTIFICATE; ZOO VETERINARY CERTIFICATE
(a) Upon written application, the Board may issue a
veterinary faculty certificate to a faculty member in the College of Veterinary
Medicine at North Carolina State University which certifies that the holder
thereof is exempt from the requirements of licensing under G.S. 90‑187.10(3).
To be a faculty member in the College of Veterinary Medicine, the faculty
member shall be a graduate of a "recognized school of veterinary
medicine" as defined by the American Veterinary Medical Association and a
member of the faculty or staff of the College of Veterinary Medicine. The
faculty member's certificate shall indicate that the holder is exempt from the
requirements for licensing provided that the practice of veterinary medicine is
confined to the faculty member's duties in the hospital or field service unit
of the College of Veterinary Medicine. Such exemption certificate shall
automatically expire when the holder's relationship is terminated with the
school and university.
(b) Upon written application, the Board may issue a zoo
veterinary certificate in lieu of the license that otherwise would be required
by G.S. 90-187.10 to a veterinarian not licensed by the Board who is employed
by the North Carolina State Zoo. The requirements for and criteria governing
the zoo veterinary certificate shall be the same as for the faculty
certificate, to the extent applicable and practical. In determining whether to
issue a zoo veterinary certificate, the board shall, in addition, consider the
applicant=s zoo employment history, the applicant=s job description and duties
with the N.C. State Zoo, and the reasons the applicant seeks exemption from the
licensure requirements for veterinarians.
(c) The request for either the faculty certificate or zoo
veterinary certificate shall be in writing upon application form furnished by
the Board. All fees for issuance, renewal, re-instatement, as well as criteria
for continuing education and discipline shall be as set forth in Article 11,
G.S. 90 and the rules of the Board. The zoo veterinary certificates shall be
annually renewed each calendar year, and the faculty certificates also shall be
for the duration of one year, but the Board may determine a beginning date
other than January 1 if necessary to conform to academic appointments or the
academic calendar of the College of Veterinary Medicine.
(d) The Board may consider a written application for a
faculty certificate by a person who is a graduate of a "recognized school
of veterinary medicine" as defined in Paragraph (a) of this Rule and who
is a member of the faculty or staff of a college or university in this State
other than the College of Veterinary Medicine of North Carolina State University,
provided that the application sets forth the qualifications of the faculty
member; the reasons that the faculty member seeks to be exempt from the
requirements for licensing as a veterinarian in North Carolina, and the duties
of the faculty member at the college or university where he or she is
employed. A faculty certificate shall be issued under this Paragraph if the
applicant shows to the satisfaction of the Board that his or her duties as a
faculty member involve the practice of veterinary medicine at the college or
university and that there are valid reasons that the applicant should be exempt
from the licensure requirements for veterinarians. If a faculty certificate is
issued under this Paragraph, all other application requirements, fee requirements,
and expiration conditions apply it as to those issued to faculty members at the
College of Veterinary Medicine at North Carolina State University.
History Note: Authority G.S. 90‑185(6); 90‑187.10;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989; October 1, 1982;
November 9, 1979.
21 NCAC 66 .0204 USE OF THE TITLE: VETERINARIAN
History Note: Authority G.S. 90‑181; 90‑185(6);
90‑187.12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
21 NCAC 66 .0205 DISCIPLINE
OF LICENSEES; PERMITTEES; REGISTRANTS: MANDATORY STANDARDS OF CONDUCT
Grounds for disciplinary action shall include those as
stated in G.S. 90‑187.8, in addition to (but not limited to), the
following:
(1) making untrue and deceitful statements in any
application or representation to the Board, or in any professional
relationship, or in a veterinarian-client-patient relationship as that
relationship is defined in G.S. 90-181(7a);
(2) acting in such a manner as to enable others to
evade the animal and public health requirements related to the practice of
veterinary medicine, as administered by the North Carolina or U.S. Departments
of Agriculture or the North Carolina Department of Human Resources, or to the
provisions of the North Carolina Veterinary Practice Act;
(3) making, promising to make or accepting
contributions of money, goods or services for purposes of bribing any person
with whom the person licensed has a professional association, or has a
veterinarian-client-patient relationship as defined in G.S. 90-181(7a), or to
whom the person holding a license renders or offers to render professional
services to the extent allowed under the license;
(4) defrauding or willfully misleading the Board or any
person with whom he or she has a professional association, or has a
veterinarian-client-patient relationship as defined in G.S. 90-181(7a), or to
whom the person holding the license renders or offers to render professional
services to the extent allowed under the license;
(5) violating the laws of North Carolina or any other
state related to the practice of veterinary medicine or the delivery of
services as allowed by the license issued by the Board, or violating any
veterinary licensing Board rule in this or another state; and
(6) communicating verbally or in writing information
which tends to discredit the reputation, integrity or professional competence
of a veterinarian, permittee or registrant, and which information is false, or
done in reckless disregard of the truth of falsity of the information
communicated.
History Note: Authority G.S. 90‑185(6); 90‑187.8;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 ncac 66 .0206 MINIMUM STANDARDS FOR CONTINUING
EDUCATION
Each person holding a veterinary license, a faculty
certificate, a zoo veterinary certificate or a veterinary technician
registration issued by the Board shall comply with the standards in this Rule,
which standards shall be a condition precedent to the renewal of a license
certificate or registration, respectively. Except as otherwise qualified, the
criteria with respect to continuing veterinary medical education of a person
holding a certificate of registration as a veterinary technician shall be the
same as that for a licensed veterinarian. The standards are as follows:
(1) Veterinarians shall earn 20 credit hours each
calendar year.
(2) Veterinary technicians registered with the Board
shall earn 12 credit hours every two calendar years.
(3) Veterinarians may request and be granted an
extension of time, not to exceed six months, to satisfy the continuing
education requirement if the veterinarian provides evidence of an
incapacitating illness or evidence of other circumstance which constituted a
severe and verifiable hardship such that to comply with the continuing
education requirement would have been impossible or unreasonably burdensome.
If the incapacitating illness or circumstance is likely to result in loss of
life of the veterinarian the Board shall exempt the veterinarian from the
unearned portion of the continuing education requirement for that renewal
period.
(4) Credit hours may be earned as follows: one hour
credit for each hour of attendance at in‑depth seminars such as seminars
sponsored by the American Veterinary Medical Association (AVMA), the American
Animal Hospital Association (AAHA), the North Carolina Veterinary Medical
Association (NCVMA), and academies and schools of veterinary medicine. Only
one hour credit may be acquired for attendance at a local sectional association
meeting. The Board shall consider additional course offerings for approval for
continuing education credit, provided that the Board is furnished sufficient
information to establish that the course content and quality is substantially
comparable to the course offerings by those seminars sponsored by the
organizations or institutions listed in this Subparagraph. Approval for
continuing education credit for courses other than those specified herein shall
be obtained prior to attendance at a course; however, the Board may waive the
requirement of approval prior to attendance at the course if circumstances
beyond the veterinarian's or registrant's control prevented obtaining the prior
approval. Only three hours credit per year may be acquired from review of an
audio or video cassette or computer-based training. The audio or video
cassette or computer-based training must be approved by the Board, and the veterinarian
shall furnish a copy, or substantially the equivalent of it, and sufficient
documentation for the Board to make an appropriate evaluation for approval.
(5) Each veterinarian shall keep a record of credit
hours earned. Each year he or she shall certify on a form provided by the
Board the number of credit hours earned. The Board shall mail the form to each
veterinarian at the time of annual renewal.
(6) During the calendar year in which a veterinarian
graduates from veterinary college or during the calendar year in which a
veterinary technician graduates from veterinary technician school, a
veterinarian or veterinary technician, respectively, shall not be required to
earn continuing education credits for that portion of the calendar year
remaining from the date when the license or registration was issued to the end
of the calendar year.
History Note: Authority G.S. 90‑185(6); 90‑186(1);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. June 1, 2003; May 1, 1996; May 1, 1989;
January 1, 1987.
21 NCAC 66 .0207 MINIMUM FACILITY AND PRACTICE
STANDARDS
(a) All locations where veterinary medicine is practiced
shall be adequate for the maintenance of good hygiene at all times. All areas
of the premises shall be maintained in a clean, odor free, and orderly
condition at all times.
(b) The minimum standards for all facilities where
veterinary medicine is practiced shall be:
(1) The facility shall provide heating, cooling
and ventilation sufficient for the comfort and safety of the animals, the employees
and clients.
(2) All rooms utilized for the practice of
veterinary medicine shall have lighting sufficient for the tasks and activities
conducted in the rooms.
(3) Hot and cold running water shall be
provided along with toilets and lavatories for the personnel and for the
clients.
(4) The facility shall have an area dedicated
for storage of equipment and supplies, which area shall be of a size
commensurate with the nature of the practice and the size of the facility, and
which storage area shall be clean and, as required by the nature of the
products or materials stored, shall be sanitary.
(5) The facility shall have interior and
exterior receptacles for waste disposal which shall comply with state, county
and municipal health laws, ordinances and regulations.
(6) The facilities shall employ a procedure for
the prompt and sanitary disposal of dead animals which complies with all state,
county and municipal laws, ordinances, rules and regulations. Dead animals
held on premises shall be refrigerated.
(7) All interior spaces in the facility shall
be clean and orderly.
(8) The facilities' examination rooms shall
have the following:
(A) lined waste receptacles or chutes;
(B) a sink with disposable towels either in the
examination room, or adjacent or reasonably convenient to the examination room,
so as to facilitate necessary and required use of the sink for maintaining
sanitation and hygiene in connection with examinations; and
(C) a table with an impervious surface which shall be
sanitized between patients.
(9) Surgery shall be performed in a manner
compatible with current veterinary medical practice with regard to anesthesia,
asepsis, life support and monitoring procedures as well as recovery care. The
minimum standards for surgery shall be:
(A) Surgery shall be performed in a room designated and
reserved for surgery.
(B) The surgery room shall be clean, orderly and well
lighted.
(C) Sterilization shall include a steam pressure
sterilizer or autoclave equipment. Cold sterilization may be used for field or
septic conditions.
(D) Instruments and equipment utilized in the surgery
room shall be commensurate with the type of surgical service being provided.
(E) Storage in the surgery room shall be limited to
only items and equipment normally related to surgery and surgical procedures.
(F) Emergency drugs shall be readily available to the
surgery area.
(G) The operating table shall be constructed of a smooth
and impervious material.
(H) There shall be a separate surgical preparation area.
(I) There shall be available for surgery sterilized
instruments, gowns, towels, drapes, gloves, caps and masks.
(J) Regulated oxygen under positive pressure shall be
available.
(10) The facilities shall have the capability for
use of either in‑house or consultant laboratory service for blood
chemistry, cultures and antibiotic sensitivity examinations, complete blood
counts, histopathological examinations and complete necropsies. An in‑house
laboratory facility shall meet the following minimum standards:
(A) The laboratory room shall have storage space
sufficient for the equipment and materials necessary for the laboratory room;
(B) The facility shall have refrigeration with a
capacity sufficient for drugs and medicines required to be refrigerated, as
well as capacity for the refrigeration of dead animals held on the premises
prior to disposal;
(C) All facilities shall have, as a minimum, in‑house
capability for the following tests:
(i) urine tests,
(ii) micro‑hematocrit determination,
(iii) flotation tests for ova of internal parasites,
(iv) skin scrapings for external parasite diagnosis,
and
(v) exams for circulating blood microfilaria or
heartworm antigen assays.
(11) The minimum standards for drug procedures
shall be:
(A) All controlled substances shall be stored,
maintained, administered, dispensed and prescribed in compliance with federal
and state laws, rules and regulations.
(B) Except for labeled manufactured drugs with
instructions, all drugs dispensed shall be labeled with:
(i) name, address and telephone number of the
facility,
(ii) name of client,
(iii) animal identification,
(iv) date dispensed,
(v) directions for use,
(vi) name and strength of the drug, and
(vii) name of prescribing veterinarian.
(C) A record of all drugs administered or dispensed
shall be kept in the records of the individual animal, if the animal is a
companion animal, or in the client's record, if the animal is an economic
animal.
(12) The following minimum standards shall apply
to recordkeeping:
(A) Every veterinarian shall keep written records or
records stored via computer/word processing and easily retrievable of the
animals treated. These records shall include but not be limited to pertinent
medical data such as dates and type of vaccinations and all medical and
surgical procedures on a daily basis, radiographs and laboratory data.
(B) Records shall be kept for a period of three years
following the last office visit or discharge of such animal from a veterinary
facility.
(C) Records shall be maintained by individual animal for
companion pet animals examined or treated.
(D) The recordkeeping requirement shall not apply to the
treatment of economic animals except as provided in Paragraph (11)(C) of this
Rule.
(13) The following minimum standards shall apply
to radiography:
(A) The facility shall have the capability of obtaining
diagnostic quality radiographs through radiology equipment at the facility or
through consultant services;
(B) The facility shall use and maintain radiology
equipment in accordance with all federal and state laws, rules and regulations;
(C) all personnel using radiology equipment shall wear
radiation badges.
(14) Cages, exercise areas, pens and stalls shall
be kept in a clean and orderly condition, in a well‑lighted area, and in
good repair to prevent injury to animals and to promote physical comfort.
(15) All new veterinary facilities and all
existing facilities changing ownership shall be inspected and approved by the
Board prior to the practice of veterinary medicine within the facility.
(16) The Board shall make periodic inspections of
veterinary premises. Such inspection shall include, but not be limited to,
verification of compliance with this Rule. The Board shall make reinspections
as necessary to ensure compliance with this Rule.
(17) Violation of the standards for all
veterinary facilities covered by this Rule shall be grounds for disciplinary
action as provided in G.S. 90‑186, 90‑187.8 and these Rules.
(18) The facility shall comply with all federal,
state and municipal laws, rules and regulations regarding disposal of medical
wastes.
(19) The following minimum standards shall apply
to after hours emergency services. The veterinarian who is the owner, as well
as the veterinarian who is in charge of the facility, shall provide after hours
emergency service by one or more of the methods listed below in Parts
(b)(19)(A) through (D) of this Rule. If after hours emergency services shall
be provided other than by the veterinarian who is the owner or who is the
veterinarian in charge of the facility, the name, address and telephone numbers
of the provider of the after hours emergency service shall be posted
prominently at the facility in areas where this information is likely to be
seen by persons coming to the entrances of the facility, and the names,
addresses and telephone numbers of the provider shall be accessible through a
telephone answering machine or similar device.
(A) Availability by telephone, pager or answering
machine; or
(B) Membership in an after hours emergency services
facility or organization that agrees with the veterinarian to assume the
responsibility for this care; or
(C) An agreement for this care with another facility
located in the same general community, area or region served by the primary
facility and which provides after hours emergency service; or
(D) Notification of the name, address and telephone
numbers of an emergency veterinary service facility, open to the public, which
provides after hours emergency service, located in the same general community,
area or region served by the primary facility.
(20) All facilities where veterinary medicine is
practiced other than facilities providing limited veterinary services shall
maintain the minimum standards as required by this Rule, unless specifically
exempted by statute or Board rule in facilities providing limited veterinary
services.
History Note: Authority G.S. 90‑185(6); 90‑186(2);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989; October 1, 1982.
21 NCAC 66 .0208 FACILITIES PROVIDING LIMITED
VETERINARY SERVICES
(a) If complete veterinary medical services are not offered
in a mobile or satellite veterinary clinic, an emergency veterinary hospital,
or a house‑call practice the public shall be so informed of the services
which are not available by way of a posted notice, in plain view. The notice
shall list all facilities in the area which offer the services not available in
the facility. With respect to a mobile practice, including but not limited to
a house-call or farm-call practice, members of the public who are or may become
clients of the veterinary practice shall be informed in writing of the services
which are not available at the mobile practice in a manner reasonably
calculated to clearly communicate this information, at the first opportunity of
inquiry or contact concerning delivery of veterinary services.
(b) The minimum standards set in Rule .0207 for all
veterinary premises apply equally to a facility covered by this Rule, except
the standards that apply to services that are not available in the facility and
of which the public is notified in the posted notice.
(c) If emergency services are not available in the facility
on a 24 hour basis, the veterinarians in charge of the facility shall have a
written agreement with a local clinic or hospital for the provision of
emergency services. The name and address of the local clinic or hospital
offering emergency services under the agreement shall be posted. The facility
must also comply with the minimum standards set forth in Rule .0207(b)(19) of
this Section.
(d) If either hospitalization or radiology services are not
available in the facility, the veterinarians in charge of the facility shall
have a written agreement with a local clinic or hospital for the provision of
these services. The name and address of the local clinic or hospital offering
hospitalization or radiology services under the agreement shall be posted.
(e) No animal technician, veterinary student intern,
employee or other assistant shall operate any facility covered by this Rule
without the direct supervision of a licensed veterinarian on the premises.
(f) If for any reason the veterinarian who is the owner, as
well as the veterinarian who is in charge of the facility, does not obtain a
written agreement or agreements as required by this Rule, the veterinarian
shall provide any or all of the services that would have been covered by the
agreement or agreements.
(g) Violation of this Rule shall be grounds for
disciplinary action as provided in G.S. 90‑186 and 90‑187.8.
History Note: Authority G.S. 90‑185(6); 90‑186(2);
90‑186(3);
Eff. October 1, 1982;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0209 LIMITED LIABILITY COMPANIES
(a) Veterinary medical services may be provided through a
limited liability company that complies with this Rule, Article 11, G.S. 90,
the rules of the Board, and statutes governing limited liability companies,
including G.S. 57D-2-01.
(b) The name of a limited liability company organized to
practice veterinary medicine shall not include any adjectives or other words
not in accordance with Article 11, G.S. 90 and the rules of the Board.
(c) The corporate name of a professional limited liability
company registered under these Rules shall contain the wording
"professional limited liability company," "professional ltd.
liability co.," "professional limited liability co.," or
"professional ltd. liability company," or an abbreviation of one of
the foregoing: "P.L.L.C." or "PLLC."
(d) Domestic professional limited liability companies shall
be formed and all limited liability companies shall be operated in accordance
with the requirements set out in G.S. 57D.
(e) Before filing the articles of organization for a
professional limited liability company organized to practice veterinary
medicine with the Secretary of State, the organizing members shall submit the
following to the Board:
(1) A registration fee as set by Rule .0108 of
this Chapter; and
(2) A certificate certified by all organizing
members:
(A) setting forth the names and addresses of each person
who will be employed by the professional limited liability company to practice
veterinary medicine;
(B) stating that all such persons are duly licensed to
practice veterinary medicine in North Carolina; and
(C) representing that the company will be conducted in
compliance with the North Carolina Limited Liability Company Act (G.S. 57D),
this Chapter, Article 11, G.S. 90 and the rules of the Board.
(f) A certification that each of the organizing members is
licensed to practice veterinary medicine in North Carolina shall be returned by
the Board to the organizer of the professional limited liability company for
filing with the Secretary of State.
(g) A Certificate of Registration for a professional
limited liability company shall be renewed annually. The Certificate of
Registration shall expire on the last day of December following its issuance by
the Board and shall become invalid on that date unless renewed. Upon written
application signed by its manager on a renewal form prescribed by the Board
accompanied by the prescribed fee as set by Rule .0108 of this Chapter, the
Board shall renew the Certificate of Registration providing that the
professional limited liability company has complied with Article 11, G.S. 90,
the rules of the Board and applicable General Statutes of North Carolina. The
renewal form shall require the applicant to set forth:
(1) the legal name, address and telephone
number of the company;
(2) the legal names of all members;
(3) the legal names of all officers; and
(4) the veterinary practice facilities operated
by the company.
(h) If the Board determines that the reports filed in Paragraph
(e) or (g) of this Rule, are unclear or incomplete the Board may request in
writing such supplemental reports as it deems appropriate from any professional
limited liability companies registered with the Board pursuant to G.S. 57D,
Article 11, G.S. 90, and these Rules. The professional limited liability
company shall file such reports with the Board's office within 30 days from the
date it receives the request.
(i) Professional limited liability companies registered
with the Board pursuant to G.S. 57D shall file a certified copy of all
amendments to the articles of organization within 30 days after the effective
date of each amendment. They shall also file a copy of any amendment to the
bylaws, certified to be a true copy by the manager(s) of the professional
limited liability company within 30 days after adoption of the amendment.
(j) The Board shall issue a certificate authorizing
transfer of membership when membership is transferred in the professional
limited liability company. This certificate of transfer shall be permanently
retained by the company. The membership books of the company shall be kept at
the principal office of the company and shall be subject to inspection by
authorized agents of the Board. Transfer of membership shall only be to a
person licensed to practice veterinary medicine in this State.
(k) All documents required by these Rules to be submitted
to the Board by the professional limited liability company shall be executed by
the manager(s) of the professional limited liability company, and duly
acknowledged before a notary public or some other officer qualified to
administer oaths.
History Note: Authority G.S. 57D-2-01; 90-181.1;
90-186; 90-187.11;
Eff. May 1, 1996;
Amended Eff. September 1, 2015.
21 NCAC 66 .0210 REGISTERED LIMITED LIABILITY
PARTNERSHIPS
(a) Any registered limited liability partnership created to
deliver veterinary medical services shall be created pursuant to and in
compliance with G.S. 59 and Article 11, G.S. 90 and the rules of the Board.
(b) All partners of a registered limited liability
partnership organized under this Rules shall hold a license to practice
veterinary medicine issued by the Board.
(c) A veterinarian who engages in the practice of
veterinary medicine through a limited liability partnership shall comply with
the registration and other requirements of this Chapter, Article 11, G.S. 90,
and the rules of the Board.
(d) A registered limited liability partnership created to
deliver veterinary medical services and each of its partners shall comply with
Article 11, G.S. 90 and the rules of the Board with respect to the prior
approval of the name of the partnership, including the provisions of G.S.
90-181.1.
(e) Limited liability partnerships organized under this Rule
shall be organized and operated in accordance with the requirements of G.S.
59. A limited liability partnership organized under this Rule to deliver
veterinary medical services shall register with the Board both prior to the
delivery of any professional services and prior to registration with the office
of the Secretary of State of North Carolina as required by G.S. 59-84.2.
(f) To register the limited liability partnership with the
Board, the partners of a veterinary limited liability partnership shall submit
to the Board:
(1) A registration fee as required by Rule
.0108 of this Chapter; and
(2) A certificate setting forth the names and
addresses of each veterinarian who is a partner of the limited liability
partnership, a representation that the partnership will be conducted in
compliance with G.S. 59 as well as Article 11, G.S. 90 and the rules of the
Board, as well as bearing the notarized signatures of the partners subscribing
to the documents certifying to the accuracy of the statements made therein.
(g) The Board shall furnish the limited liability
partnership a Certificate of Registration from the Board certifying that each
of the organizing partners is licensed to practice veterinary medicine in North
Carolina, said Certificate to be filed by the limited liability partnership
with the Secretary of State.
(h) The Certificate of Registration for a limited liability
partnership shall be renewed annually in order to continue to be effective.
(i) The Board may request in writing such supplemental reports
as it deems appropriate from any limited liability partnership registered with
the Board pursuant to G.S. 59 and these Rules. The limited liability
partnership shall file such reports with the Board's office within 30 days from
the date it receives the request.
(j) Limited liability partnerships registered with the
Board pursuant to G.S. 59 shall file a certified copy of all amendments to the
partnership agreement within 30 days after the effective date of each
amendment. They shall also file a copy of any amendment to the bylaws,
certified to be a true copy by the managing partner of the limited liability
partnership within 30 days after adoption of the amendments.
History Note: Authority G.S. 59-84.2; 59-84.3;
90-181.1; 90-186;
Eff. May 1, 1996.
SECTION .0300 ‑ EXAMINATION AND LICENSING PROCEDURES
21 NCAC 66 .0301 APPLICATION AND EXAMINATION
(a) All applicants for a license to practice veterinary
medicine shall complete, sign and return the application form for veterinary
license available from the Board.
(b) All applicants for license by examination shall
successfully pass the licensure examinations. The Board shall review and
evaluate the validity and accuracy of information contained in an application
for licensure. If the prerequisites of G.S. 90‑187 and G.S. 90‑187.1
are met, the Board shall admit the applicant to the examinations.
(c) The nature of the examinations is to determine the
applicant's minimum competency to practice veterinary medicine within the state
of North Carolina. The Board shall administer, in conformity with the testing
service criteria, the North American Veterinary Licensing Examination (NAVLE)
as prepared by the Board or a licensure examination service contracted with by
the Board.
(d) The Board shall also administer a special North
Carolina Examination to evaluate the applicant's knowledge of Article 11 of
Chapter 90 and 21 NCAC 66 of the North Carolina Administrative Code.
(e) Pursuant to G.S. 90-187.1, the Board shall establish
the passing score for the current NAVLE and the North Carolina Examination,
which shall include examination on the statutes and administrative rules
governing the practice of veterinary medicine in the State.
(f) The Executive Director shall notify all applicants of
the score received on the examinations. Thereafter, if all information has
been verified as correct and truthful, and if the requirements of G.S. 90-187
and G.S. 90-187.1 have been met, he shall issue a license to those successfully
passing the examinations.
(g) This Section does not apply to the licensure,
relicensure or reinstatement of a veterinarian whose license has been suspended
or revoked by the Board or who presently has a complaint or other matter
pending in this or another state or jurisdiction that has or may result in
discipline against the applicant's license to practice veterinary medicine in
that State.
(h) In determining whether to issue a license to practice
veterinary medicine, the Board may consider all information obtained as a
result of the application, including but not limited to all testing
information, including examination scores of the examinations identified
herein; and information obtained pursuant to the requirements of Rule .0310 of
this Section or information obtained about the applicant which the applicant
was required to have furnished.
History Note: Authority G.S. 90‑185(1); 90‑185(6);
90‑187; 90‑187.1;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 2006; May 1, 1996; May 1, 1989.
21 NCAC 66 .0302 LICENSE RENEWAL
History Note: Authority G.S. 90‑185(6); 90‑187.5;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
21 NCAC 66 .0303 SPECIAL REGISTRATION OF VETERINARY
TECHNICIANS, INTERNS AND PRECEPTEES; RENEWAL OF TECHNICIAN REGISTRATION
(a) Applications for registration as a veterinary
technician, veterinary student intern, or veterinary student preceptee shall be
on application forms provided by the Board, accompanied by the required
application fee. Applicants shall be at least 18 years of age and shall
furnish to the Board as requested information from which the Board can
determine whether the applicant is a person of honesty and integrity.
(b) To become registered as a veterinary technician, the
applicant shall meet the qualification requirements of G.S. 90‑181(11).
All applicants shall successfully pass the North Carolina Veterinary Technician
Examination administered by the Board. Applicants who meet the criteria of
G.S. 90-181(11)a shall also successfully pass the Veterinary Technician
National Examination (VTNE) as prepared by the Board or a licensure examination
service contracted with by the Board.
(c) To become registered as a veterinary student intern or
veterinary student preceptee, no examination is required but the applicant
shall demonstrate to the satisfaction of the Board that he meets the
qualification requirements of G.S. 90‑181(9) or (10) and is currently
employed by a licensed veterinarian who directs and supervises his work.
(d) All registrations of veterinary technicians shall be
renewed every 24 months upon payment by the registrant of the renewal fee
adopted by the Board, provided the registrant is otherwise eligible for
renewal.
History Note: Authority G.S. 90‑185(6); 90-186(4);
90‑187.6;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. February 1, 2006; May 1, 1996; May 1, 1989;
October 1, 1982.
21 NCAC 66 .0304 DISCIPLINE
OF VETERINARY TECHNICIANS, INTERNS/PRECEPTEES: MANDATORY STANDARDS OF CONDUCT
Upon information or complaint, the Board may revoke or
suspend the registration of, or otherwise discipline, any veterinary
technician, veterinary student intern or veterinarian student preceptee upon
any of the following grounds:
(1) The unlawful practice of veterinary medicine,
except as permitted by and within the limits of the registration as defined
herein and in G.S. 90‑187.6. The veterinary medical services of a
technician, intern, or other veterinary employee shall be limited to those
services permitted by G.S. 90-187.6 under the direction and supervision of a
licensed veterinarian. Such supervision and direction shall be construed to
require the physical presence of the veterinarian in the facility at a
proximity close enough to conduct the appropriate level of supervision for the
particular task being performed by the employee. The rendering of veterinary
medical services in a satellite clinic, mobile clinic, emergency clinic or
other facility where the supervising veterinarian is not on the premises shall
subject the registrant to revocation of registration.
(2) The violation of G.S. 90‑187.6(b) concerning
the acceptance of a fee or compensation.
(3) Representing to members of the public that the
registrant is a licensed veterinarian or otherwise misleading the public in the
belief that the registrant is a licensed veterinarian.
(4) Any other grounds for disciplinary action
applicable to licensed veterinarians as defined in G.S. 90‑187.8 or the
rules of the Board.
History Note: Authority G.S. 90‑185(6); 90‑186(3);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989; November 9, 1979.
21 NCAC 66 .0305 TEMPORARY PERMITS
(a) Applicants for temporary permits shall apply to the
Board utilizing the application form for a temporary permit. The Board or its
designee shall not act upon the application until fully completed. The Board
may independently verify the information provided on the form by the applicant.
(b) Applicants for temporary permits shall meet the
qualifications as established in G.S. 90‑187.4. No temporary permits
shall be issued to applicants who are not graduates of an accredited school of
veterinary medicine as defined by the American Veterinary Medical Association.
At the time of submission of an application for a temporary permit, the
applicant shall provide to the Board the name(s) and location(s) of the
licensed veterinarian(s) within the state who shall be the supervising
veterinarian(s). The supervising veterinarian(s) shall be in good standing
with the Board and an active practitioner(s) within the State. The Board, or
its designee, shall approve the application and notify the applicant before the
applicant shall be authorized to engage in the supervised practice of
veterinary medicine within the state.
(c) A temporary permit shall expire or be revoked as
provided in G.S. 90‑187.4 and no official notification of the revocation
or expiration shall be given to the permittee. Temporary permits may not be
renewed but may be reissued, within the discretion of the Board, after
submission of a new application.
(d) The Board shall determine the restrictions for the temporary
permit, which restrictions shall be recorded on the permit. In addition to any
other restrictions or conditions imposed by the Board, the supervising
veterinarian shall ensure that another veterinarian is available to supervise
the holder of the temporary permit on those occasions when the supervising
veterinarian is unable to be available for supervision.
History Note: Authority G.S. 90‑185(6); 90‑187.4;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0306 LICENSE WITHOUT EXAMINATION
(a) The Board may issue a license without written
examination other than the North Carolina License Examination to an applicant
who meets the criteria as established in G.S. 90‑187.3.
(b) An applicant shall certify that he is currently an
active, competent practitioner in good standing and this certification shall be
verified by the state licensing Board from the applicant's most recent clinical
practice. An applicant is deemed to have practiced in another state at least
three of the last five years immediately preceding his application if the
applicant certifies that he has engaged in the unexempt practice of veterinary
medicine as defined in the North Carolina Practice Act for that length of
time. The licensure requirements in the other state are deemed substantially
equivalent to those required by this state if the other state administered the
same standardized licensing tests (excluding the North Carolina Practice Act
Test) as were administered in North Carolina at the time of the applicant's
original licensing in the other state and the tests were graded in accordance
with North Carolina grading criteria.
History Note: Authority G.S. 90‑185(6); 90‑187.3;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0307 REVOCATION/SUSPENSION/TEMPORARY
PERMITS/SPECIAL REGISTRATIONS
The registration of a veterinary technician may be suspended
or revoked, and the technician may be disciplined, in accordance with the same
due process procedures as are provided for individual licenses and corporate
registrants under the provisions of G.S. 150B or G.S. 90, Article 11, or Board
Rules.
History Note: Authority G.S. 90‑185(6); 90‑187.4(b);
90‑187.8;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0308 REINSTATEMENT AFTER REVOCATION
Any person whose license or registration has been suspended
or revoked may apply for reinstatement without written examination subject to
any terms and conditions as contained in the final agency decision issued by
the Board upon revoking or suspending the person's license or registration.
The Board, at its discretion, may conduct a fact‑finding hearing to
determine whether sufficient cause exists to justify, in the discretion of the
Board, the reinstatement of the license or registration.
History Note: Authority G.S. 90‑185(6); 90‑187.9;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0309 PETITION FOR INACTIVE STATUS
(a) Any licensed veterinarian who is in good standing with
the Board and who has ceased the practice of veterinary medicine may apply for
inactive status. The Board, in its discretion, may place the licensed
veterinarian on an inactive list of members and thereafter the licensed
veterinarian who has obtained the inactive status shall not practice veterinary
medicine or be required to pay the annual license renewal as prescribed in G.S.
90‑187.5 and Board Rule .0302 or required to earn continuing education
credits.
(b) Any veterinarian who has been placed on inactive status
and who desires to be reinstated or to resume the practice of veterinary
medicine may be reinstated within the discretion of the Board upon the
determination by the Board that the inactive veterinarian is competent to
practice veterinary medicine; that the veterinarian pay the required license
renewal fee for the current year in which the application is filed; and that
the veterinarian earn the required continuing education credits in the year
preceding reinstatement.
History Note: Authority G.S. 90‑185(2); 90‑185(6);
Eff. June 1, 1987.
21 NCAC 66 .0310 PENDING
COMPLAINT OR DISCIPLINE AGAINST APPLICANTS LICENSED OR REGISTERED IN OTHER
STATES
(a) Upon complaint or information, and within the Board's
discretion, the Board may deny a license required by Article 11, G.S. 90.
(b) Applicants for a license to practice veterinary
medicine may be required upon initial application to inform the Board in
writing of any prior discipline or administrative action, or the equivalent
thereof, against the applicant's license to practice veterinary medicine in
another state or jurisdiction; or any pending complaint or unresolved
disciplinary or administrative action, or the equivalent thereof, against the
applicant's license to practice veterinary medicine in another state.
(c) The applicant shall furnish or give the Board
permission to obtain true and accurate copies of documents relevant to
consideration of the prior or pending disciplinary action.
(d) In reviewing an applicant's application, the Board may
consider information determined to be reliable, including but not limited to
information from the National Disciplinary Data Base about the licensee, or
information obtained from other state veterinary medical boards, or other
federal or state agencies.
(e) The applicant for license to practice veterinary
medicine may be required to furnish all facts relating to the existence of any
pending charges alleging violation of a federal or state criminal statute or
law, in this or any other country.
History Note: Authority G.S. 90-185(2); 90-185(6);
90-186(3); 90-187; 90-187.3;
Eff. May 1, 1996.
21 NCAC 66 .0311 LIMITED VETERINARY LICENSE
(a) A "limited veterinary license" or
"limited license" is a license as defined in G.S. 90-181(4).
(b) The terms and restrictions of the scope or areas of
practice of veterinary medicine of the holder of the limited veterinary license
shall be determined by the Board upon consideration of all criteria deemed
relevant by the Board in its discretion to effectuate the purposes of the
limited license, including but not limited to:
(1) whether the applicant is licensed to
practice veterinary medicine in other states of the United States, or other
countries or jurisdictions, and whether those licenses are in good standing at
the time of the consideration of the application; and
(2) the length of time the applicant has been
licensed in good standing to practice veterinary medicine; and
(3) the reasons which the applicant offers for
requesting a limited veterinary license; and
(4) whether facts available to the Board
indicate the applicant's application has merit; and
(5) any other criteria bearing directly upon
applicant's capability and need for a limited veterinary license.
History Note: Authority G.S. 90-185(1); 90-185(6);
90-181(4);
Eff. May 1, 1996.
SECTION .0400 ‑ RULES: PETITIONS: HEARINGS
21 NCAC 66 .0401 RULE‑MAKING PETITIONS
(a) A person may petition the Board to adopt a new rule or
change or amend an existing rule by sending a rule‑making petition to the
Board at the Board's address set out in Rule .0101 of this Chapter. The
petition must be titled "Petition for Rule‑making" and must
include the following information:
(1) the name and address of the person
submitting the petition;
(2) a citation to any rule for which a change
or repeal is requested;
(3) a draft of any proposed rule or amended
rule;
(4) an explanation of why the new rule,
amendment, or repeal is requested and the effects of the new rule, amendment,
or repeal on the Board's procedure or the persons regulated by the Board;
(5) any other information the person submitting
the petition considers relevant.
(b) The Board must decide whether to grant or deny a
petition for rule‑making within 120 days of receiving the petition. In
making its decision, the Board will consider the information submitted with the
petition and any other relevant information.
(c) When the Board denies a petition for rule‑making,
it must send written notice of the denial to the person who submitted the
request. The notice must state the reason for the denial. When the Board
grants a rule‑making petition, it must initiate rule‑making
proceedings and send written notice of the proceedings to the person who
submitted the request.
History Note: Authority G.S. 90‑185(6); 150B‑16;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0402 NOTICE OF RULE‑MAKING HEARINGS
Upon a determination to hold a rule‑making proceeding,
either in response to a petition or otherwise, the Board shall give notice to
all interested persons pursuant to the procedure established in Article 2 of
Chapter 150B of the North Carolina General Statutes.
History Note: Authority G.S. 90‑185; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0403 NOTICE MAILING LIST
Any person desiring to be placed on the mailing list for
Board rule‑making notices may file such request in writing, furnishing
his name and mailing address to the Board. The letter of request should state
those subject areas within the authority of the Board for which the person
wants notice. The Board may require reasonable postage and stationery costs to
be paid by a person who is mailed a rule‑making notice.
History Note: Authority G.S. 90‑185; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0404 SUBMISSION OF DATA
Any person desiring to present data, views or arguments on a
proposed rule must comply with the statement of procedure as contained in the
Notice of Hearing for the rule. Any person desiring to make an oral presentation
to the Board prior to or at the hearing is encouraged to submit a written copy
of the presentation to the Board prior to or at the hearing.
History Note: Authority G.S. 90‑185; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0405 PRESIDING OFFICER: POWERS AND DUTIES
The presiding officer at a rule‑making hearing shall
have complete control of the proceedings, including recognition of the
speakers, time allotments for presentations, the right to question speakers, direction
of the discussion and management of the hearing. The presiding officer, at all
times, will take care that each person participating in the hearing is given a
fair opportunity to present views, data and comments. The presiding officer
shall conduct the rule‑making hearing pursuant to the procedure
established in Article 2 of Chapter 150B of the North Carolina General
Statutes.
History Note: Authority G.S. 90‑185; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0406 RECORD OF PROCEEDINGS
A record of all rule‑making proceedings will be
maintained in the Board office for as long as the rule is in effect. This
record shall contain: the original petition (if any), the notice, all written
comments submitted, any statement of explanation made to an interested party,
and the minutes of the proceedings.
History Note: Authority G.S. 90‑185; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0407 REQUEST TO PARTICIPATE
21 NCAC 66 .0408 CONTENTS OF REQUEST: GENERAL TIME
LIMITATIONS
21 NCAC 66 .0409 RECEIPT OF REQUEST: SPECIFIC TIME
LIMITS
21 NCAC 66 .0410 WRITTEN SUBMISSIONS
21 NCAC 66 .0411 PRESIDING OFFICER: POWER AND DUTIES
21 NCAC 66 .0412 STATEMENT OF REASONS FOR DECISION
21 NCAC 66 .0413 RECORD OF PROCEEDINGS
21 NCAC 66 .0414 EMERGENCY RULES
History Note: Authority G.S. 90‑185(6); 150A‑11;
150A‑12(a),(d),(e); 150A‑13;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
SECTION .0500 ‑ DECLARATORY RULINGS
21 NCAC 66 .0501 PROCEDURE FOR DECLARATORY RULING
(a) The Board shall decide whether to grant or deny a
request to make a declaratory ruling on the validity of a rule or on the
applicability of particular facts to a statute or to a rule or order of the
Board within 60 days of receiving the petition. The Board shall deny a request
for a declaratory ruling when the Board deems the petition undesirable. The
Board will ordinarily refuse to grant a petition for a declaratory ruling when
there has been a similar factual determination in a contested case or one is
likely to be made in a pending contested case or investigation.
(b) The Board will presume that its current rules are valid
unless this presumption is rebutted by persuasive evidence as offered in the
petition for the declaratory ruling. When the Board determines that a rule is
invalid, the Board shall initiate rule‑making proceedings and send
written notice of the proceeding to the person who submitted the request.
History Note: Authority G.S. 90‑185; 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0502 SUBMISSION OF REQUEST FOR RULING
21 NCAC 66 .0503 DISPOSITION OF REQUESTS
21 NCAC 66 .0504 RECORD OF DECISION
21 NCAC 66 .0505 EFFECTIVE DATE
History Note: Authority G.S. 90‑185(6); 150A‑11;
150A‑17;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: PROCEDURES
21 NCAC 66 .0601 COMMITTEE ON INVESTIGATIONS
(a) Upon receipt of a charge alleging misconduct against a
licensee or registrant of the Board, the Executive Director shall inform the
accused party of the nature of the charges as filed with the Board.
(b) The accused party shall respond to the charges by
filing a written answer with the Board within 20 days of the receipt of the
notification of charges.
(c) The complaining party shall be provided with a copy of
the accused party's answer and within 20 days from receipt thereof shall file a
reply to the accused party's answer.
(d) The charges as filed with the Board, the answer and
reply may be referred to the Committee on Investigations (hereinafter referred
to as "Committee"). The Committee shall consist of three members of
the Board, one of whom shall serve as chairman.
(e) The Committee shall investigate the complaint referred
to it by the Board and as part of the investigation may:
(1) Assign the complaint to the Board's
investigator who shall submit a written report to the Committee.
(2) Invite the complaining party and the
accused party before the Committee to receive their oral statements, but
neither party shall be compelled to attend.
(3) Conduct any other type of investigation as
is deemed appropriate by the Committee.
(f) Upon the completion of the investigation, the Committee
shall determine whether or not there is probable cause to believe that the
accused party has violated any standard of misconduct which would justify a
disciplinary hearing based upon the grounds as specified in Article 11 of
Chapter 90 of the North Carolina General Statutes or this Chapter.
(g) If probable cause is found, the Committee shall direct
the legal counsel for the Board to file a Notice of Hearing.
(h) If probable cause is found, but it is determined that a
disciplinary hearing is not warranted, the Committee may issue a reprimand to
the accused party. A statement of such reprimand shall be mailed to the accused
party. Within 15 days after receipt of the reprimand, the accused party may
refuse the reprimand and request that Notice of Hearing be issued pursuant to
Chapter 150B of the North Carolina General Statutes or this Chapter. Such
refusal and request shall be addressed to the Committee and filed with the
Executive Director for the Board. The legal counsel for the Board shall
thereafter prepare and file a Notice of Hearing. If the letter of reprimand is
accepted, a record of the reprimand shall be maintained in the office of the
Board.
(i) If no probable cause is found, the Committee
shall dismiss the charges and prepare a statement of the reasons therefore
which shall be mailed to the accused party and the complaining party.
(j) If no probable cause is found, but it is determined by
the Committee that the conduct of the accused party is not in accord with
accepted professional practice or may be the subject of discipline if continued
or repeated, the Committee may issue a letter of caution to the accused party
stating that the conduct, while not the basis for a disciplinary hearing, is
not professionally acceptable or may be the basis for a disciplinary hearing if
repeated. A record of such letter of caution shall be maintained in the office
of the Board.
(k) A Board member who has served on the Committee is
deemed disqualified to act as a presiding officer or member of the Board
assigned to render a decision in any administrative disciplinary proceeding
brought pursuant to a Notice of Hearing for which that member has sat in an
investigative capacity as a member or chairman of the Committee.
(l) The Board may assess and recover against persons
holding licenses, limited licenses, temporary permits, faculty certificates,
Zoo veterinary certificates or any certificates of registration issued by the
Board, costs incurred by the Board for the following expenses, respectively,
that have been incurred by the Board in the investigation, prosecution, hearing
or other administrative action in final decisions or orders where those persons
are found to have violated the Veterinary Practice Act or Administrative Rules
of the Board:
(1) legal expenses, including reasonable
attorney fees, incurred by the Board; and
(2) witness fees and statutorily-allowed
expenses for witnesses; and
(3) direct costs of the Board in taking or
obtaining of depositions of witnesses; and
(4) costs incurred by reason of administrative
or staff time of employees of the Board directly attributable to the action
leading to the final decision or order.
The costs assessed may be assessed pursuant to final
decision or orders entered with or without the consent of the person holding
the respective license, registration permit or certificate; no costs referred
to in this Paragraph shall be assessed against a person holding a respective
license, permit registration or certificate for an investigation or action in
the nature of disciplinary action other than a final decision or order of the
Board, unless and except expressly consented to by said person in a Consent
Order approved by the Board.
(m) A civil monetary penalty of up to five thousand dollars
($5,000) for each violation of Article 11, G.S. 90 or Board rule may be imposed
and collected from a person holding a license (the word "license" is
as defined in G.S. 90-187.8(a)) upon a finding by the Board of the relevant
factor or factors in G.S. 90-187.8(b)(1) through (6). With respect to this
subsection, the phrase "violation of Article 11, G.S. 90 or Board
rule" shall be deemed to mean Article 11, G.S. 90, the Veterinary Practice
Act, or the rules of the Board, and shall include final decisions, orders, and
consent orders, letters of reprimand and other permitted disciplinary actions,
but it expressly excludes letters of caution issued by the Board.
History Note: Authority G.S. 90‑185(3); 90‑185(6);
Eff. January 1, 1987;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0602 RIGHT TO HEARING
When the Board acts or proposes to act, other than in rule‑making
or declaratory ruling proceedings, in a manner which will affect the rights,
duties, or privileges of a specific, identifiable person, such person has the right
to an administrative hearing. When the Board proposes to act in such manner,
it shall give all such affected persons notice of their right to a hearing by
mailing by certified mail to them at their last known address a notice of the
proposed action and a notice of a right to a hearing.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0603 REQUEST FOR HEARING
(a) Any time an individual believes that individual's
rights, duties, or privileges have been affected by the Board's administrative
action, but has not received notice of a right to an administrative hearing,
that individual may file a formal request for a hearing.
(b) Before an individual may file a request, that
individual is encouraged to exhaust all reasonable efforts to resolve the issue
informally with the Board.
(c) Subsequent to such informal action, if still
dissatisfied, the individual must submit a request to the Board's office, with
the request bearing the notation: REQUEST FOR ADMINISTRATIVE HEARING. The
request must contain the following information:
(1) Name and address of the petitioner;
(2) A concise statement of the action taken by
the Board which is challenged;
(3) A concise statement of the way in which the
petitioner has been aggrieved; and
(4) A clear and specific statement of request
for a hearing.
(d) The request will be acknowledged promptly and, if
deemed appropriate by the Board in accordance with Rule .0604 of this Section,
a hearing will be scheduled.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0604 GRANTING OR DENYING HEARING REQUESTS
(a) The Board shall grant a request for a hearing if it
determines that the party requesting the hearing is a "person
aggrieved" within the meaning of G.S. 150B‑2(6).
(b) The denial of request for a hearing shall be issued no
later than 60 days after the submission of the request. Such denial shall
contain a statement of the reasons for the denial of the request.
(c) Approval of a request for a hearing will be signified
by the issuing of a notice as required by G.S. 150B‑38(b) and explained
in Rule .0605 of this Section.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0605 NOTICE OF HEARING
(a) The Board shall give the party or parties in a
contested case a notice of hearing not less than 15 days before the hearing.
Said notice shall contain the following information, in addition to the items
specified in G.S. 150B‑38(b):
(1) the name, position, address and telephone
number of a person at the offices of the Board to contact for further
information or discussion;
(2) the date, time, and place for a pre‑hearing
conference, if any; and
(3) any other information deemed relevant to
informing the parties as to the procedure of the hearing.
(b) The Board shall give notice to all parties with a
notice of hearing either personally or by certified mail or, if those methods
are unavailable, in accordance with G.S. 1A‑1, Rule 4(j1). In the event
that notice is accomplished by certified mail, the delivery date on the return
receipt shall be the date of the service of notice.
(c) If the Board determines that the public health, safety
or welfare requires such action, it may issue an order summarily suspending a
license or registration. Upon service of the order, the licensee or registrant
to whom the order is directed shall immediately cease the practice of
veterinary medicine in North Carolina. The Board shall promptly give notice of
hearing pursuant to G.S. 150B‑38 following service of the order. The
suspension shall remain in effect pending issuance by the Board of a final
agency decision pursuant to G.S. 150B‑42.
History Note: Authority G.S. 90‑185; 150B‑3(c);
150B‑11; 150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0606 WHO SHALL HEAR CONTESTED CASES
All contested case hearings shall be conducted by the full
Board or by a panel consisting of at least a majority of the members of the
Board provided, however, the term "members" shall not be deemed to include
a vacant position of a board member, whether the vacancy is the result of
resignation, non-appointment, or other cause. When required by Chapter 150B of
the North Carolina Statutes the Board shall apply to the Office of
Administrative Hearings for the designation of an administrative law judge to
hear the case pursuant to G.S. 150B‑40(e).
History Note: Authority G.S. 90‑185; 150B‑38;
150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0607 PETITION FOR INTERVENTION
(a) A person desiring to intervene in a contested case must
file a written petition with the Board's office. The request must bear the
notation: PETITION TO INTERVENE IN THE CASE OF (Name of Case).
(b) The petition must include the following information:
(1) the name and address of petitioner;
(2) the business or occupation of petitioner,
where relevant;
(3) a full identification of the hearing in
which petitioner is seeking to intervene;
(4) the statutory or non‑statutory
grounds for intervention;
(5) any claim or defense in respect of which
intervention is sought; and
(6) a summary of the arguments or evidence
petitioner seeks to present.
(c) If the Board determines to allow intervention, notice
of that decision will be issued promptly to all parties and to the petitioner.
In cases of discretionary intervention, such notification will include a
statement of any limitations of time, subject matter, evidence, or whatever
else is deemed necessary that are imposed on the intervenor.
(d) If the Board's decision is to deny intervention, the
petitioner shall be notified promptly. Such notice shall be in writing,
identifying the reasons for the denial, and shall be issued to the petitioner
and all parties.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0608 TYPES OF INTERVENTION
(a) Intervention of Right. A petition to intervene as of
right, as provided in the North Carolina Rules of Civil Procedure, Rule 24,
will be granted if the petitioner meets the criteria of that rule and the petition
is timely.
(b) Permissive Intervention. A petition to intervene
permissively as provided in the North Carolina Rules of Civil Procedure, Rule
24, will be granted if the petitioner meets the criteria of that rule and the
Board determines that:
(1) There is sufficient legal or factual
similarity between the petitioner's claimed rights, privileges, or duties and
those of the parties to the hearings; and
(2) Permitting intervention by the petitioner
as a party would aid the purpose of the hearing.
(c) Discretionary Intervention. The Board may allow
discretionary intervention, with whatever limits and restrictions are deemed
appropriate.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0609 INFORMAL PROCEDURES
(a) The Board and the other party or parties may agree in
advance to simplify the hearing by: decreasing the number of issues to be
contested at the hearing; accepting the validity of certain proposed evidence; accepting
the findings in some other case with relevance to the case at hand; or agreeing
to such other matters as may expedite the hearing.
(b) Informal disposition may be made of any contested case
or any issue therein by stipulation, agreement, or consent order at any time
after Notice of Hearing or during the proceedings.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0610 DISQUALIFICATION OF BOARD MEMBERS
(a) Self‑disqualification. If for any reason a Board
member determines that personal bias or other factors render that member unable
to conduct the hearing and perform all duties in an impartial manner, that
Board member shall voluntarily decline to participate in the hearing or
decision.
(b) Petition for Disqualification. If for any reason any
party in a contested case believes that a Board member is personally biased or
otherwise unable to conduct the hearing and perform all duties in an impartial
manner, the party may file a sworn, notarized affidavit with the Board. The
title of such affidavit must bear the notation: AFFIDAVIT OF DISQUALIFICATION
OF BOARD MEMBER IN THE CASE OF (Name of Case).
(c) Contents of Affidavit. The affidavit must state all
facts the party deems to be relevant to the disqualification of the Board
member.
(d) Timeliness of Affidavit. An affidavit of
disqualification will be considered timely if filed ten days before commencement
of the hearing. Any other affidavit will be considered timely provided it is
filed at the first opportunity after the party becomes aware of facts which
give rise to a reasonable belief that a Board member may be disqualified under
this Rule.
(e) Procedure for Determining Disqualification:
(1) The Board will appoint a Board member to
investigate the allegations of the affidavit.
(2) The investigator will report to the Board
the findings of the investigation.
(3) The Board shall decide whether to disqualify
the challenged individual.
(4) The person whose disqualification is to be
determined will not participate in the decision but may be called upon to
furnish information to the other members of the Board.
(5) A record of proceedings and the reasons for
any decision reached will be maintained as part of the contested case record.
(6) When a Board member is disqualified prior
to the commencement of the hearing or after the hearing has begun, such hearing
will continue with the remaining members sitting provided that the remaining
members still constitute a majority of the Board.
(7) If disqualification of a Board member
leaves less than a majority of the Board, the Board shall petition the Office
of Administrative Hearings to appoint an administrative law judge to hear the
contested case pursuant to G.S. 150B‑40(e).
(8) Where a petition for disqualification is
filed less than ten days before or during the course of a hearing, the hearing
shall continue with the challenged Board member sitting. Petitioner shall have
the opportunity to present evidence supporting his petition, and the petition
and any evidence relative thereto presented at the hearing shall be made a part
of the record. The Board, before rendering its decision, shall decide whether
the evidence justifies disqualification. In the event of disqualification, the
disqualified member will not participate in further deliberation or decision of
the case.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
SECTION .0700 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:
RELATED RIGHTS
21 NCAC 66 .0701 FAILURE TO APPEAR
(a) Continuances and adjournments will be granted only in
compelling circumstances.
(b) Should a party fail to appear at a hearing or fail to
appear following the granting of a continuance or adjournment, the hearing will
be conducted in the party's absence.
(c) If a hearing is conducted and a decision is reached in
an administrative hearing in the absence of a party, that party may file a
written petition with the Board for a reopening of the case.
(d) Petitions for reopening a case will not be granted
except when the petitioner can show that the reasons for his failure to appear
were justifiable and unavoidable and that fairness requires reopening the
case. Such petitions, however, will have no effect on the running of the 30‑day
period for seeking judicial review, which starts from the day the party is
served with the final decision.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0702 WITNESSES
Any party may be a witness and may present witnesses on the
party's behalf at the hearing. All oral testimony at the hearing shall be
under oath or affirmation and shall be recorded or transcribed. At the request
of a party or upon the Board's own motion, the presiding officer may exclude
witnesses from the hearing room so that they cannot hear the testimony of other
witnesses.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0703 SUBPOENAS
(a) Any person receiving a subpoena from the Board may
object thereto by filing a written objection to the subpoena with the Board's
office.
(b) Such objection shall include a concise, but complete,
statement of reasons why the subpoena should be revoked or modified.
(c) Any such objection to a subpoena shall be served on the
party who requested the subpoena simultaneously with the filing of the
objection with the Board.
(d) The party who requested the subpoena, in such time as
may be granted by the Board, may file a written response to the objection. The
written response shall be served by the requesting party on the objecting
witness simultaneously with filing the response with the Board.
(e) After receipt of the objection and response thereto, if
any, the Board shall issue a notice to the party who requested the subpoena and
the party challenging the subpoena, and may notify any other party or parties
of an open hearing, to be scheduled as soon as practicable, at which time
evidence and testimony may be presented, limited to the narrow questions raised
by the objection and response.
(f) Promptly after the close of such hearing, the majority
of the Board members hearing the contested case shall rule on the challenge and
issue a written decision. A copy of the decision shall be issued to all
parties and made a part of the record.
History Note: Authority G.S. 90‑185; 150B‑38;
150B‑39;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1996; May 1, 1989.
21 NCAC 66 .0704 FINAL DECISION
In all cases heard by the Veterinary Medical Board, the
Board will issue its decision within 60 days after its next regularly scheduled
meeting following the close of the hearing. This decision will be the
prerequisite "final agency decision" for the right to judicial
review.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38; 150B‑42;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
21 NCAC 66 .0705 PROPOSALS FOR DECISIONS
(a) When an administrative law judge conducts a hearing
pursuant to G.S. 150B‑40(e), a "proposal for decision" shall be
rendered within 45 days of the hearing pursuant to the Rules of the Office of
Administrative Hearings. The parties may file written exceptions to this
"proposal for decision" and submit their own proposed findings of
fact and conclusions of law. The exceptions and alternative proposals must be
filed within ten days after the party has received the "proposal for
decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during the hearing, the
handling of the hearing by the administrative law judge, rulings on evidence,
or any other matter must be written and refer specifically to pages of the
record or otherwise precisely identify the occurrence to which exception is
taken. The exceptions must be filed with the Board within ten days of the
receipt of the proposal for decision. The written exceptions must bear the notation:
EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (Name of Case).
(c) Any party may present oral argument to the Board upon
request. The request must be included with the written exceptions.
(d) Upon receipt of request for further oral argument, notice
will be issued promptly to all parties designating the time and place for such
oral argument.
(e) Giving due consideration to the proposal for decision
and the exceptions and arguments of the parties, the Board may adopt the
proposal for decision or may modify it as the Board deems necessary. The
decision rendered will be a part of the record and a copy thereof given to all
parties. The decision as adopted or modified becomes the "final agency
decision" for the right to judicial review. Said decision will be
rendered by the Board within 60 days of the next regularly scheduled meeting
following the oral arguments, if any. If there are no oral arguments
presented, the decision will be rendered within 60 days of the next regularly
scheduled Board meeting following receipt of the written exceptions.
History Note: Authority G.S. 90‑185; 150B‑11;
150B‑38; 150B‑40;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. May 1, 1989.
SECTION .0800 ‑ JUDICIAL REVIEW
21 NCAC 66 .0801 RIGHT TO JUDICIAL REVIEW
21 NCAC 66 .0802 MANNER OF SEEKING REVIEW: TIME FOR
FILING PETITION: WAIVER
History Note: Authority G.S. 90‑185(6); 150A‑43;
150A‑45;
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1989.
