RULES AND REGULATIONS FOR THE LICENSURE OF VETERINARIANS (R5-25-VET) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Department of Health February 1987 As amended: March 1991 March 1993 INTRODUCTION These Rules and Regulations for the Licensure of Veterinarians (R5-25- VET) are promulgated pursuant to the authority conferred under section 5- 25-6 of the General Laws of Rhode Island, as amended, and are established for the purpose of adopting minimum requirements for the licensure of veterinarians in this state. Pursuant to the provisions of section 42-35-3 (c) of the General Laws of Rhode Island, as amended, consideration was given in arriving at the regulations to: (1) alternative approaches to the regulations; (2) duplication or overlap with state regulations; and (3) significant economic impact on small business as defined in Chapter 42-35 of the General Laws, which could result from the regulations. No known overlap or duplication, no alternative approach, nor any significant economic impact were identified. These amended rules and regulations shall supersede any other Rules and Regulations pertaining to Licensure of Veterinarians promulgated by the Department of Health and filed with the Secretary of State. TABLE OF CONTENTS Page PART I DEFINITIONS AND LICENSING REQUIREMENTS 1 Section R5-25-VET 1.0 Definitions 6.0 Issuance and Renewal of 2.0 License Requirements License/Fee 3.0 Qualifications 7.0 Temporary License 4.0 Application/Fee 8.0 Students 5.0 Examination and Initial 9.0 Denial, Suspension or License Fees Revocation of License PART II VIOLATIONS / SANCTIONS / SEVERABILITY 9 Section R5-25-VET 10.0 Violations / Sanctions 11.0 Practices and Procedures 12.0 Severability PART I DEFINITIONS AND LICENSURE REQUIREMENTS (R5-25-VET) Section 1.0 Definitions Wherever used in these rules and regulations, the terms listed below shall be construed as follows: 1.1 "Act" refers to Chapter 5-25 of the General Laws of Rhode Island, as amended, entitled, "Veterinary Practice Act". 1.2 "Animal" means any animal other than man and includes, by the way of illustration, not limitation, fowl, birds, fish, livestock and reptiles, wild or domestic, living or dead. 1.3 "Board" refers to the Board of Veterinary Medicine established under the provisions of section 5-25-1 of the Act. 1.4 "Division" refers to the Division of Professional Regulation, Rhode Island Department of Health. 1.5 "Director" refers to the Director, Rhode Island Department of Health. 1.6 "License" is synonymous with "registration". 1.7 "Practice of veterinary medicine" means any person who either directly or indirectly, diagnoses, prognoses, treats, administers, prescribes, operates on, manipulates or applies any drug, biologic or chemical or any apparatus or appliance for any disease, pain, deformity, defect, injury, wound or physical condition of any animal for the prevention of or to test the presence of any disease, or who cuts any tissue, muscle, organ or structure of any animal for the above described purpose or for the purpose of altering the natural condition of any animal or for any other purpose, cause or reason whatsoever or who holds himself or herself out as being able, available or legally authorized to do so pursuant to section 5-25-7 of the Act. 1.8 "Veterinarian" is a person who practices veterinary medicine and is licensed to practice veterinary medicine in this state pursuant to the provisions of Chapter 5-25 of the General Laws of Rhode Island, as amended. Section 2.0 License Requirement 2.1 No person unless licensed to practice veterinary medicine in this state shall practice veterinary medicine or attempt to practice veterinary medicine or hold himself or herself out to the public as a practitioner of veterinary medicine, surgery or dentistry, whether by sign, words, advertisements, listing in directories, or use of the title "doctor" or any abbreviation thereof or any title including "VS" or by the use of any other means, implying a practitioner of veterinary medicine or any of its branches, or fraudulently uses or posts any degree, diploma or certificate implying a practitioner of veterinary medicine or who opens an office or maintains an establishment or facility for the purpose of or with the intention of practicing veterinary medicine. 2.1.1 Notwithstanding the provisions of section 2.1 above, excluded from the application of the term "practice of veterinary medicine" are those individuals who under given circumstances are excluded from the provisions of the Act as set forth in section 5-25-7 of the Act, and consequently excluded from the licensure requirements herein. Section 3.0 Qualifications for Licensure 3.1 Graduates of Schools Located in the U.S.A. and Canada An applicant seeking licensure to practice veterinary medicine in this state must: a) be of good moral character; b) have graduated from a school or college of veterinary medicine accredited by the American Veterinary Medical Association and the Division; and c) have satisfactorily passed the National Board Examination for Veterinary Medicine approved by the American Veterinary Medical Association. and d) have satisfactorily passed the Clinical Competency Test approved by the American Veterinary Medical Association, if the applicant graduated from a school or college of veterinary medicine accredited by the American Veterinary Medical Association on and after 1 May 1979. e) the passing score for the National Board Examination (NBE) for Veterinary Medicine and the Clinical Competency Test (CCT) shall be (Minus one (-1.0) Standard Deviation of the Median Score as determined by the testing service for all applicants who were administered the NBE and the CCT prior to 1 December, 1992. For applicants administered the NBE and the CCT after 1 December 1992, the passing score shall be the criterion referenced passing score, as recommended by the National Board Examination Committee, Standard Setting Committee. Section 3.2 Graduates of Foreign Veterinary Medical Schools An applicant seeking licensure to practice medicine in this state and who is a graduate of a foreign veterinary medical school must: a) be of good moral character; b) have graduated from an "AVMA-listed" or "AVMA-approved "institution. c) have obtained certification by the Educational Council (Commission) for Foreign Veterinary Graduates pursuant to section 5-25-10 of the Act; and have satisfactorily passed the National Board Examination for Veterinary Medicine and the Clinical Competency Test approved by the American Veterinary Medical Association, as indicated in section 3.1 e. Section 4.0 APPLICATION FOR LICENSE AND FEES 4.1 Application for licensure shall be made on forms provided by the Division and shall be completed, notarized and submitted to the Board sixty (60) days prior to the scheduled date of the Board meeting by applicants seeking licensure. 4.2 Such application shall be accompanied by the following documents and fee (non-refundable and non-returnable); a) References: three (3) letters of reference from reputable individuals other than relatives and at least two (2) of which shall be from licensed veterinarians; b) Birth Certificate: For U.S. BORN Veterinarians: a certified copy of birth certificate; For FOREIGN BORN VETERINARIANS: Proof of lawful entry into the country. c) Photographs: a recent identification photograph of the applicant, head and shoulder front view approximately 2 x 3 inches in size; For GRADUATES OF ACCREDITED SCHOOLS IN THE U.S. AND CANADA: The photograph shall be signed on the reverse side by the dean or registrar of the veterinary school attesting to the likeness of the photograph to that of the applicant; For GRADUATES OF FOREIGN "LISTED OR APPROVED" SCHOOLS: the photograph shall be verified by the ECFVG attesting to the likeness of the photograph to that of the ap- plicant; d) Resume a chronological resume of experience from the time of graduation from school of veterinary medicine to the present; e) Verification: the Board of Veterinary Medicine in each state in which the applicant has held or holds licensure submits directly to the Board of this state, a statement attesting to the licensure status of the applicant during the time period the applicant held licensure in said state; f) Transcripts: FOR GRADUATES OF ACCREDITED SCHOOLS IN THE U.S. AND CANADA: supporting certified transcript of education credentials as required in the appropriate section of 3.0 herein, signed by the dean or registrar of the school of veterinary medicine, verifying the dates of attendance and completion of the veterinary program. Such documentation must consist of original statements and/or photocopies bearing the signature of the dean or registrar and the imprint of the school seal; For GRADUATES OF FOREIGN "LISTED OR APPROVED" SCHOOLS: A letter from the ECFVG attesting to the satisfactory completion of evaluation of credentials and Veterinary knowledge. g) The result of the National Board Examination for Veterinary Medicine and of the Clinical Competency Test approved by the American Veterinary Medical Association must be submitted directly to the Board. h) Fees: the application fee of twenty dollars ($20.00) made payable to the General Treasurer, State of Rhode Island (non-returnable nor non-refundable); i) Initial Licensure Fee: the initial licensure fee of two hundred dollars ($200 made payable to the General Treasurer, State of RHode Island. j) Interview: the Board at its discretion reserves the right to require any or all applicants to appear before the Board for an interview and oral jurisprudence examination. k) Other: such other information as may be deemed necessary and appropriate by the Board. Section 5.0 Examination 5.1 By Examination Applicants shall be required to pass the following examination as the Board deems necessary to practice veterinary medicine in this state pursuant to the statutory and regulatory provisions herein; 5.1.1 for written examination, the Board requires applicants to successfully pass the National Board Examination for Veterinary Medicine and the Clinical Competency Test approved by the American Veterinary Medical As- sociation; 5.1.2 the passing score for the National Board Examinat- ion for Veterinary Medicine and the Clinical Competency Test shall be -1.0 (minus one) Standard Deviation of the Median Score as determined by the testing service. 5.2 Without Examination (By Endorsement) A license to practice veterinary medicine may be issued without examination to an applicant who has been duly licensed by examination as a veterinarian under the laws of another state provided: a) the Board of Veterinary Medicine in each state in which the applicant has held or holds licensure submits directly to the Board of this state, a statement attesting to the licensure status of the applicant during the time period the applicant held licensure in said state; b) the applicant meets the qualifications to practice veterinary medicine in this state in accordance with section 3.0 herein; and c) the applicant submits the licensure application form with supporting certified documentation of credentials in accordance with section 4.0 herein. Section 6.0 Issuance and Renewal of License and Fee 6.1 Upon completion of the aforementioned requirements and at the recommendation of the Board, qualified applicants which the Division may accept or reject, the Division may issue an initial license to those applicants found to have satisfactorily met all the requirements herein and upon submission of an initial licensure fee of two hundred dollars ($200.00) made payable to the General Treasurer, State of Rhode Island. Said license unless sooner suspended or revoked shall expire on the first day of May of each even numbered year and may be renewed upon submission of licensure renewal fee of two hundred dollars ($200.00) made payable to the General Treasurer, State of Rhode Island. 6.2 On or before the first day of March of each two-year period, the administrator of the Division of Professional Regulation shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person so licensed who desires to renew his or her license shall file with the Division of Professional Regulation such renewal application duly executed, together with a renewal fee of two hundred dollars ($200.00) on or before the thirty-first day of March of each even year. 6.3 Upon receipt of such application, and payment of said fee, the administrator of Professional Regulation shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even-numbered year. 6.4 Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, may be reinstated by the administrator of Professional Regulation on payment of the current renewal fee, plus an additional fee of fifty dollars ($50.00) made payable to the General Treasurer, State of Rhode Island. Section 7.0 STUDENTS 7.1 Pursuant to section 5-25-7 (6), the term "practicing veterinary medicine" does not apply to a person who is a regular student in a legally chartered college or school of veterinary medicine while in the performance of such duties and activities assigned by his or her instructor, and provided, there is a licensed veterinarian to supervise such acts. Section 8.0 DENIAL, SUSPENSION, REVOCATION OF LICENSE 8.1 The division is authorized to deny, revoke or suspend any license issued under the statutory and regulatory provisions herein or otherwise discipline a licensee upon proof of the following: (1) Conviction of a crime involving moral turpitude; conviction of a felony; and conviction of a crime arising out of the practice of veterinary medicine; (2) Addiction to narcotics, habitual drunkenness or rendering professional services to a patient while the veterinarian is intoxicated or incapacitated by the use of drugs; (3) Rendering services while ill with disease in the communicable stage; (4) Fraud or misrepresentation in any phase of procuring or renewing a license; (5) Unprofessional conduct which shall include failure to comply with the statutory and regulatory provisions herein; (6) Advertising designed to mislead the public; (7) Representing certain procedures be performed with greater authority or expertise; (8) Fraud or misrepresentation of treatment procedures or statements regarding the ability to treat; (9) Fee splitting or kickbacks of any kind, except where services are provided jointly; (10) Failure to maintain acceptable sanitation standards; (11) Malpractice, gross negligence or wanton disregard of accepted professional standards; (12) Adjudication of mental incompetence; and (13) Lack of fitness to practice by reason of mental or physical impairment or otherwise. PART II VIOLATIONS / SANCTIONS / PRACTICES AND PROCEDURES / SEVER- ABILITY Section 10.0 VIOLATIONS AND SANCTIONS 10.1 Pursuant to the provisions of the Act, the Division is authorized to deny, revoke or suspend licenses to any person found to have violated any provisions of the rules and regulations herein, and to impose such other sanction pursuant to section 5-25-8 of the Act. The procedure for the discipline of veterinarians shall be in accordance with the provisions set forth in section 5-25-15 of the Act. Section 11.0 RULES AND REGULATIONS GOVERNING PRACTICES AND PROCEDURES 11.1 All hearings and reviews required under the provisions of the Act and the Rules and Regulations herein, shall be held in accordance with the provisions of section 5-25-15 of the Act and the rules and regulations of the Department of Health, entitled "Rules and Regulations Governing the Practices and Procedures Before the Rhode Island Department of Health (R42-35-PP)." Section 12.0 SEVERABILITY 12.1 If any provision of the rules and regulations herein or the application to any facility or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations which can be given effect, and to this end, the provisions of the rules and regulations are declared to be severable. .