HOUSE BILL 88

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Candy Spence Ezzell

AN ACT

RELATING TO LICENSURE; AMENDING SECTIONS OF THE VETERINARY PRACTICE ACT TO PROVIDE THE BOARD OF VETERINARY MEDICINE WITH OVERSIGHT OF VETERINARIANS EMPLOYED BY LOCAL GOVERNMENTS AND TO ALLOW THE BOARD TO COLLECT ADMINISTRATIVE FEES IN DISCIPLINARY ACTIONS.

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

     SECTION 1. Section 61-14-14 NMSA 1978 (being Laws 1967, Chapter 62, Section 10, as amended) is amended to read:

     "61-14-14. EXEMPTIONS.--Provisions of the Veterinary Practice Act do not apply to:

          A. employees of federal or state [or local] governments performing official duties;

          B. regular students in a veterinary school performing duties or actions assigned by an instructor or working under direct supervision of a licensed veterinarian during a school vacation period;

          C. reciprocal aid of neighbors in performing routine accepted livestock management practices;

          D. [any] a veterinarian licensed in [any] a foreign jurisdiction consulting with a licensed veterinarian;

          E. [any] a merchant or manufacturer selling at [his] the merchant's or manufacturer's regular place of business any medicine, feed, appliance or other product used in the prevention or treatment of animal disease;

          F. the owner of an animal [his] and the owner's consignees and their employees while performing routine accepted livestock management practices in the care of animals belonging to the owner;

          G. a member of the faculty of a veterinary school performing [his] the member's regular functions or a person lecturing or giving instruction or demonstration at a veterinary school or in connection with a continuing education course or seminar for licensed veterinarians, veterinary technicians or persons holding or training for valid permits for artificial insemination or diagnosing pregnancy;

          H. a person selling or applying any pesticide, insecticide or herbicide; or

          I. a person engaging in bona fide scientific research that reasonably requires experimentation involving animals."

     SECTION 2. Section 61-14-18 NMSA 1978 (being Laws 1967, Chapter 62, Section 13, as amended) is amended to read:

     "61-14-18. PRACTICING WITHOUT LICENSE--PENALTY.--

          A. It is a misdemeanor for [any] a person to practice veterinary medicine without complying with the provisions of the Veterinary Practice Act and without being the holder of a license entitling [him] the person to practice veterinary medicine in New Mexico.

          B. If the board finds that a person or entity has practiced veterinary medicine without a license, the board may:

                (1) impose a fine not to exceed five thousand dollars ($5,000);

                (2) assess the person or entity for administrative costs, including investigative costs and the cost of conducting a hearing; and

                (3) impose any other sanction as provided pursuant to board rules."

- 3 -