House Bill text for HB0222

HOUSE BILL 222

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Al Park

AN ACT

RELATING TO GOVERNMENT REORGANIZATION; CREATING THE VETERINARY MEDICINE AND ANIMAL SHELTERING BOARD; TRANSFERRING THE POWERS AND DUTIES OF THE BOARD OF VETERINARY MEDICINE AND THE ANIMAL SHELTERING BOARD TO THE VETERINARY MEDICINE AND ANIMAL SHELTERING BOARD; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2009.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-14-2 NMSA 1978 (being Laws 1967, Chapter 62, Section 2, as amended) is amended to read:

"61-14-2. DEFINITIONS.--As used in the Veterinary Practice Act:

A. "animal" means any animal other than man;

B. "animal shelter":

(1) means:

(a) a county or municipal facility that provides shelter to animals on a regular basis, including a dog pound; and

(b) a private humane society or a private animal shelter that temporarily houses stray, unwanted or injured animals through administrative or contractual arrangements with a local government agency; and

(2) does not include a municipal zoological park;

C. "euthanasia" means to produce a humane death of an animal by standards deemed acceptable by the board as set forth in its rules;

D. "euthanasia agency" means a facility that provides shelter to animals on a regular basis, including a dog pound, a humane society or a public or private shelter facility that temporarily houses stray, unwanted or injured animals, and that performs euthanasia;

[B.] E. "practice of veterinary medicine" means:

(1) the diagnosis, treatment, correction, change, relief or prevention of animal disease, deformity, defect, injury or other physical or mental condition, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique and the use of any procedure for artificial insemination, testing for pregnancy, diagnosing and treating sterility or infertility or rendering advice with regard to any of these;

(2) the representation, directly or indirectly, publicly or privately, of an ability and willingness to do any act mentioned in Paragraph (1) of this subsection; or

(3) the use of any title, words, abbreviation or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act mentioned in Paragraph (1) of this subsection;

[C.] F. "veterinarian" means a person having the degree of doctor of veterinary medicine or its equivalent from a veterinary school or a person who has received a medical education in veterinary medicine in a foreign country and has thereafter entered the United States and fulfilled the requirements and standards set forth by the American veterinary medical association and has passed all examinations required by the board prior to being issued any license to practice veterinary medicine in this state;

[D.] G. "licensed veterinarian" means a person licensed to practice veterinary medicine in this state;

[E.] H. "veterinary school" means any veterinary college or any division of a university or college [which] that is approved for accreditation by the American veterinary medical association;

[F.] I. "board" means [board of] the veterinary medicine and animal sheltering board;

[G.] J. "veterinary technician" means a skilled person certified by the board as being qualified by academic and practical training to provide veterinary services under the supervision and direction of the licensed veterinarian who is responsible for the performance of that technician;

[H.] K. "committee" means the veterinary technician examining committee;

[I.] L. "direct supervision" means the treatment of animals on the direction, order or prescription of a licensed veterinarian who is available on the premises and who has established a valid veterinarian-client-patient relationship;

[J.] M. "valid veterinarian-client-patient relationship" means:

(1) the veterinarian has assumed responsibility for making medical judgments regarding the health of an animal being treated and the need for and the course of the animal's medical treatment;

(2) the client has agreed to follow the instructions of the veterinarian;

(3) the veterinarian is sufficiently acquainted with an animal being treated, whether through examination of the animal or timely visits to the animal's habitat for purposes of assessing the condition in which the animal is kept, to be capable of making a preliminary or general diagnosis of the medical condition of the animal being treated; and

(4) the veterinarian is reasonably available for follow-up treatment; and

[K.] N. "veterinary medicine" means veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine."

Section 2. Section 61-14-4 NMSA 1978 (being Laws 1967, Chapter 62, Section 3, as amended) is amended to read:

"61-14-4. BOARD CREATED--TERMS--COMPENSATION--FINANCE.--

A. The "[board of] veterinary medicine and animal sheltering board" is created. The board shall consist of [seven] nine members who are citizens of the United States and residents of New Mexico. Veterinary members shall have been licensed to practice veterinary medicine in the state for five years preceding their appointment to the board.

B. Members of the board and their successors shall be appointed by the governor. [Five of the members shall be licensed veterinarians, and these appointments may be made from a list of five names for each professional vacancy, submitted to the governor by the New Mexico veterinary medical association. Two members shall represent the public and shall not have been licensed as veterinarians or have any significant financial interest, whether direct or indirect, in the occupation regulated.] The board shall consist of the following members:

(1) five licensed veterinarians, one of whom shall have provided paid or unpaid service to an animal shelter, appointments of which may be made from a list of five names for each vacancy, submitted to the governor by the New Mexico veterinary medical association;

(2) one euthanasia agency employee with training and education in euthanasia;

(3) one representative from a nonprofit animal advocacy group;

(4) one manager or director of a New Mexico facility that provides shelter to animals on a regular basis, provided that the manager or director selected is trained in animal shelter standards; and

(5) one member of the public.

C. Members shall be appointed to staggered terms of four years each. Appointments shall be made in such manner that the terms of no more than [two] three board members expire on July 1 of each year. All board members shall hold office until their successors are appointed and qualified. Appointments to vacancies shall be for the unexpired terms. Board members shall not serve more than two consecutive four-year terms.

D. A majority of the members of the board constitutes a quorum for the transaction of business, except that the vote of [four] five members is required for suspension or revocation of a license. The board shall elect a [chairman] chair and other necessary officers prescribed by regulation of the board.

E. Members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. This reimbursement and all other expenses involved in carrying out the Veterinary Practice Act shall be paid exclusively from fees received pursuant to provisions of the Veterinary Practice Act. The board shall deposit all fees received pursuant to provisions of the Veterinary Practice Act with the state treasurer for the exclusive use of the board, and money shall be expended only upon vouchers certified by a majority of the board.

F. Any board member failing to attend, after proper notice, three consecutive meetings, either regular or special, shall automatically be removed as a member of the board."

Section 3. Section 61-14-5 NMSA 1978 (being Laws 1967, Chapter 62, Section 4, as amended) is amended to read:

"61-14-5. BOARD--DUTIES.--The board shall:

A. examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in New Mexico and issue, renew, deny, suspend or revoke licenses;

B. regulate artificial insemination and pregnancy diagnosis by establishing standards of practice and issuing permits to persons found qualified;

C. establish a schedule of license and permit fees based on the board's financial requirements for the ensuing year;

D. conduct investigations necessary to determine violations of the Veterinary Practice Act and discipline persons found in violation;

E. employ personnel necessary to carry out its duties;

F. promulgate and enforce [regulations] rules necessary to establish recognized standards for the practice of veterinary medicine and to carry out the provisions of the Veterinary Practice Act. The board shall make available to interested members of the public copies of the Veterinary Practice Act and all [regulations] rules promulgated by the board;

G. examine applicants for veterinary technician certification purposes. Such examination shall be held at least once a year at the times and places designated by the board;

H. establish a five-member veterinary technician examining committee;

I. adopt [regulations] rules establishing continuing education requirements as a condition for license renewal; [and]

J. regulate the operation of veterinary facilities, including:

(1) establishing requirements for operation of a veterinary facility in accordance with recognized standards for the practice of veterinary medicine;

(2) issuing permits to qualified veterinary facilities; and

(3) adopting standards for inspection of veterinary facilities.

For purposes of this subsection, "veterinary facility" means [any] a building, mobile unit, vehicle or other location where services included within the practice of veterinary medicine are provided; and

K. perform the duties imposed on the board pursuant to the Animal Sheltering Act."

Section 4. Section 61-14-6 NMSA 1978 (being Laws 1975, Chapter 96, Section 4, as amended) is amended to read:

"61-14-6. VETERINARY TECHNICIAN EXAMINING COMMITTEE--MEMBERSHIP--TERMS--COMPENSATION.--

A. The "veterinary technician examining committee" shall consist of five members appointed by the [board of] veterinary medicine and animal sheltering board. The committee shall consist of two licensed veterinarians, one member of the board and two registered veterinary technicians.

B. Committee members shall serve for terms of four years, except the veterinary medicine and animal sheltering board member on the committee shall be appointed for one year. With the exception of the board member on the committee, the terms of committee members shall be staggered by one year. Committee members shall serve until their successors have been appointed and qualified. Any vacancy shall be filled by appointment by the [board of] veterinary medicine and animal sheltering board for the remainder of the unexpired term.

C. Members of the committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 5. Section 61-14-11 NMSA 1978 (being Laws 1975, Chapter 96, Section 7, as amended) is amended to read:

"61-14-11. CERTIFICATION AS VETERINARY TECHNICIAN--ANNUAL REGISTRATION OF EMPLOYMENT--EMPLOYMENT CHANGE--FEES.--

A. No person shall perform or attempt to perform as a veterinary technician without first applying for and obtaining a certificate of qualification from the [board of] veterinary medicine and animal sheltering board as a veterinary technician and having [his] the person's employment registered in accordance with board regulation.

B. A veterinary technician shall perform only those acts and duties assigned [him] the technician by a supervising licensed veterinarian that are within the scope of practice of such supervising veterinarian, not to include diagnosis, prescription or surgery.

C. An applicant for a certificate of qualification as a veterinary technician shall complete application forms as supplied by the [board of] veterinary medicine and animal sheltering board, successfully complete an examination conducted by the board and pay a fee to defray the cost of processing the application and administering the examination, which fee is not returnable.

D. Each certified veterinary technician shall annually register [his] the technician's employment with the [board of] veterinary medicine and animal sheltering board, stating [his] the technician's name and current address, the name and office address of both [his] the technician's employer and supervising licensed veterinarian and such additional information as the board deems necessary. Upon any change of employment as a veterinary technician, such registration shall automatically be void. Each annual registration or registration of new employment shall be accompanied by fees set by the board for use by the board in defraying the cost of administering the Veterinary Practice Act."

Section 6. Section 61-14-20 NMSA 1978 (being Laws 1979, Chapter 76, Section 2, as amended) is amended to read:

"61-14-20. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The [board of] veterinary medicine and animal sheltering board is terminated on July 1, 2011 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of Chapter 61, Article 14 NMSA 1978 until July 1, 2012. Effective July 1, 2012, Chapter 61, Article 14 NMSA 1978 is repealed."

Section 7. Section 77-1B-2 NMSA 1978 (being Laws 2007, Chapter 60, Section 2, as amended) is amended to read:

"77-1B-2. DEFINITIONS.--As used in the Animal Sheltering Act:

A. "animal" means any animal, except humans, not defined as "livestock" in Subsection [L] K of this section;

B. "animal shelter":

(1) means:

(a) a county or municipal facility that provides shelter to animals on a regular basis, including a dog pound; and

(2) does not include a municipal zoological park;

C. "board" means the veterinary medicine and animal sheltering board;

[D. "department" means the regulation and licensing department;

E.] D. "disposition" means adoption of an animal; return of an animal to the owner; release of an animal to a rescue organization; release of an animal to another animal shelter or to a rehabilitator licensed by the department of game and fish or the United States fish and wildlife service; or euthanasia of an animal;

[F.] E. "emergency field euthanasia" means the process defined by rule of the board to cause the death of an animal in an emergency situation when safe and humane transport of the animal is not possible;

[G.] F. "euthanasia" means to produce a humane death of an animal by standards deemed acceptable by the board as set forth in its rules;

[H.] G. "euthanasia agency" means a facility that provides shelter to animals on a regular basis, including a dog pound, a humane society or a public or private shelter facility that temporarily houses stray, unwanted or injured animals, and that performs euthanasia;

[I.] H. "euthanasia drugs" means non-narcotic schedule II or schedule III substances and chemicals as set forth in the Controlled Substances Act that are used for the purposes of euthanasia and pre-euthanasia of animals;

[J.] I. "euthanasia instructor" means a veterinarian or a euthanasia technician certified by the board to instruct other individuals in euthanasia techniques;

[K.] J. "euthanasia technician" means a person licensed by the board to euthanize animals for a euthanasia agency;

[L.] K. "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals;

[M.] L. "rescue organization" means an organization that rescues animals and is not involved in the breeding of animals;

[N.] M. "supervising veterinarian" means a person who is a veterinarian, who holds both a valid New Mexico controlled substance license and a valid federal drug enforcement agency license and who approves the drug protocols and the procurement and administration of all pharmaceuticals; and

[O.] N. "veterinarian" means a person who is licensed as a doctor of veterinary medicine by the board [of veterinary medicine] pursuant to the Veterinary Practice Act."

Section 8. Section 77-1B-3 NMSA 1978 (being Laws 2007, Chapter 60, Section 3, as amended) is amended to read:

"77-1B-3. [ANIMAL SHELTERING BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--VACANCIES--REMOVAL] APPLICATION OF UNIFORM LICENSING ACT.--

[A. The "animal sheltering board" is created. The board shall consist of nine members as follows:

(1) one euthanasia agency employee with training and education in euthanasia;

(2) one veterinarian who has provided paid or unpaid services to an animal shelter;

(3) one representative from a nonprofit animal advocacy group;

(4) one member of the public;

(5) a manager or director of a New Mexico facility that provides shelter to animals on a regular basis, provided that the manager or director selected is trained in animal shelter standards;

(6) one representative of the New Mexico association of counties;

(7) one representative of the New Mexico municipal league;

(8) one member of a rescue organization; and

(9) one member of the domestic pet breeder community.

B. No more than two board members shall be appointed from any one county within the state. Appointments shall be made in such manner that the terms of no more than three board members expire on July 1 of each year.

C. The board is administratively attached to the department.

D.] The board and its operations are governed by the Uniform Licensing Act. If the provisions of the Uniform Licensing Act conflict with the provisions of the Animal Sheltering Act, the provisions of the Animal Sheltering Act shall prevail.

[E. The governor shall appoint board members for terms of four years, except in the first year of the enactment of the Animal Sheltering Act, when board members shall be appointed for staggered terms. Of the first appointments, three board members shall be appointed for four-year terms, two board members shall be appointed for three-year terms, two board members shall be appointed for two-year terms and two board members shall be appointed for one-year terms. Subsequent appointments shall be made to fill vacancies created in unexpired terms, but only until the term ends or for a full four-year term when the term of a board member expires. Board members shall hold office until their successors are duly qualified and appointed. Vacancies shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy to maintain the required composition of the board.

F. Members of the board shall be reimbursed for per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance, but shall be permitted to attend at least one conference or seminar per year relevant to their board positions as the board's budget will allow.

G. A simple majority of the appointed board members constitutes a quorum.

H. The board shall hold at least one regular meeting each year and may meet at such other times as it deems necessary.

I. A board member shall not serve more than two full or partial terms, consecutive or otherwise.

J. A board member failing to attend three duly noticed meetings, regular or special, within a twelve-month period, without an excuse acceptable to the board, may be removed as a board member.

K. The board shall elect a chair and other officers as it deems necessary to administer its duties.

L. The department shall hire employees to execute the daily operations of the board.]"

Section 9. Section 77-1B-4 NMSA 1978 (being Laws 2007, Chapter 60, Section 4, as amended by Laws 2009, Chapter 102, Section 6 and by Laws 2009, Chapter 192, Section 2) is amended to read:

"77-1B-4. ANIMAL CARE AND FACILITY FUND CREATED--ADMINISTRATION.--

A. The "animal care and facility fund" is created in the state treasury. All fees collected pursuant to the Animal Sheltering Act shall be deposited in the fund.

B. The animal care and facility fund shall consist of money collected by the board pursuant to the Animal Sheltering Act; income from investment of the fund; and money appropriated to the fund or accruing to it through fees or administrative penalties, cooperative research agreements, income, gifts, grants, donations, bequests, sales of promotional items, handbooks or educational materials or any other source. Money in the fund shall not be transferred to another fund or encumbered or expended except for expenditures authorized pursuant to the Animal Sheltering Act.

C. Money in the fund is subject to appropriation by the legislature to the [department] board to be used to help animal shelters and communities defray the cost of implementing the board's initiatives conducted pursuant to the Animal Sheltering Act. The fund shall be administered by the [department] board to carry out the purposes of the Animal Sheltering Act.

D. Each fiscal year, an amount of money in the fund appropriated pursuant to this section that is equal to the total amount of money credited to the fund for that fiscal year from special registration plates issued pursuant to Section

66-3-424.3 NMSA 1978 shall be administered so that spay and neuter programs in a county receive money attributable to the number of those special registration plates issued in that county.

E. A disbursement from the fund shall be made only upon a warrant drawn by the secretary of finance and administration pursuant to a voucher signed by [the superintendent of regulation and licensing or the superintendent's designee] a majority of the board.

F. Unexpended and unencumbered balances in the fund at the end of a fiscal year shall not revert to the general fund."

Section 10. Section 77-1B-9 NMSA 1978 (being Laws 2007, Chapter 60, Section 9, as amended) is amended to read:

"77-1B-9. VIOLATIONS.--

A. Unless otherwise provided in the Animal Sheltering Act, it is a violation of that act for a person to:

(1) perform euthanasia for a euthanasia agency or an animal shelter in this state without possessing a valid license pursuant to the Animal Sheltering Act;

(2) solicit, advertise or offer to perform an act for which licensure or certification is required pursuant to the Animal Sheltering Act, unless the person holds a license or certification;

(3) refuse to comply with a cease and desist order issued by the board;

(4) refuse or fail to comply with the provisions of the Animal Sheltering Act;

(5) make a material misstatement in an application for licensure or certification;

(6) intentionally make a material misstatement to the [department] board during an official investigation;

(7) impersonate an official or inspector;

(8) refuse or fail to comply with rules adopted by the board or with a lawful order issued by the board;

(9) aid or abet another in violating provisions of the Animal Sheltering Act, or a rule adopted by the board;

(10) alter or falsify a certificate of inspection, license or certification issued by the board;

(11) fail to carry out the duties of a euthanasia technician in a professional manner;

(12) abuse the use of a chemical substance or be guilty of habitual or excessive use of intoxicants or drugs;

(13) sell or give chemical substances used in euthanasia procedures to an unlicensed person; and

(14) assist an unlicensed or unauthorized person in euthanizing animals, except during a board-approved course in euthanasia.

B. It is a violation of the Animal Sheltering Act for a euthanasia agency or an animal shelter to:

(1) refuse to permit entry or inspection of its facilities by the board or its designees;

(2) sell, offer for sale, barter, exchange or otherwise transfer animals that are prohibited by the department of game and fish, the United States department of agriculture or any other regulatory agency to be kept unless the sale, offer for sale, bartering, exchanging or transferring of the animal is to a facility employing permitted rehabilitators or an individual that is a permitted rehabilitator pursuant to the rules adopted by the department of game and fish or another agency that has authority over people who are permitted to receive and provide care for such animals;

(3) allow a license or certificate issued pursuant to the Animal Sheltering Act to be used by an unlicensed or uncertified person; or

(4) make a misrepresentation or false promise through advertisements, employees, agents or other mechanisms in connection with the euthanasia of an animal.

C. It is a violation of the Animal Sheltering Act for an employee or official of the board [or a person in the department] to disclose or use for that person's own advantage information derived from reports or records submitted to the [department or the] board pursuant to that act."

Section 11. Section 77-1B-12 NMSA 1978 (being Laws 2007, Chapter 60, Section 12, as amended) is amended to read:

"77-1B-12. TERMINATION OF AGENCY LIFE--DELAYED

REPEAL.--The veterinary medicine and animal sheltering board is terminated on July 1, 2011 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Animal Sheltering Act until July 1, 2012. Effective July 1, 2012, the Animal Sheltering Act is repealed."

Section 12. TEMPORARY PROVISION--INITIAL APPOINTMENTS TO THE VETERINARY MEDICINE AND ANIMAL SHELTERING BOARD.--In making the initial appointments to the veterinary medicine and animal sheltering board, the governor:

A. shall assign members to one-, two-, three- or four-year terms to accomplish the staggered terms required pursuant to the Veterinary Practice Act; and

B. may appoint a person who was a member of the board of veterinary medicine or the animal sheltering board, provided that, if the person is serving the person's second consecutive term on the board of veterinary medicine or the animal sheltering board on June 30, 2010, the person shall be considered to be beginning the person's second consecutive term on the veterinary medicine and animal sheltering board and shall not be appointed to a third consecutive term.

Section 13. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On July 1, 2010:

A. all personnel, appropriations, money, records, equipment, supplies and other property of the board of veterinary medicine and the animal sheltering board shall be transferred to the veterinary medicine and animal sheltering board;

B. all contracts of the board of veterinary medicine and the animal sheltering board shall be binding and effective on the veterinary medicine and animal sheltering board; and

C. all references in law to the board of veterinary medicine or the animal sheltering board shall be deemed to be references to the veterinary medicine and animal sheltering board.

Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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