CHAPTER 1. PREAMBLE; DEFINITIONS
IC 25-38.1
ARTICLE 38.1. VETERINARIANS
IC 25-38.1-1
Chapter 1. Preamble; Definitions
IC 25-38.1-1-1
Preamble
Sec. 1. This article is an exercise of the police powers of the stateto promote the public health, safety, and welfare of the people ofIndiana to safeguard against the incompetent, dishonest, orunprincipled practice of veterinary medicine. The practice ofveterinary medicine is a privilege conferred by the general assemblyto individuals qualified under this article.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.1.
IC 25-38.1-1-1.5
Application of article
Sec. 1.5. This article does not apply to the manufacture,distribution, storage, transportation, sale, or use of a veterinary drug,including antibiotics and immunization products, if federal or statelaw does not restrict the drug to:
(1) use by; or
(2) use on the order of;
a licensed veterinarian.
As added by P.L.58-2008, SEC.2.
IC 25-38.1-1-2
Application of definitions
Sec. 2. The definitions in this chapter apply throughout thisarticle.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-3
"Accredited college of veterinary medicine"
Sec. 3. "Accredited college of veterinary medicine" means aveterinary college or division of a university or college that:
(1) offers the degree doctor of veterinary medicine or itsequivalent;
(2) conforms to the standards required for accreditation by theAmerican Veterinary Medical Association; and
(3) is accredited by the American Veterinary MedicalAssociation or an accrediting agency that has been approved bythe United States Department of Education or its successor.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-3.5
"Accredited veterinary technology program"
Sec. 3.5. "Accredited veterinary technology program" means aprogram in veterinary technology that: (1) conforms to the standards required for accreditation by theAmerican Veterinary Medical Association; and
(2) is accredited by the American Veterinary MedicalAssociation or an accrediting agency that has been approved bythe United States Department of Education or its successor.
As added by P.L.58-2008, SEC.3.
IC 25-38.1-1-4
"Agency"
Sec. 4. "Agency" refers to the Indiana professional licensingagency established by IC 25-1-5-3.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-5
"Animal"
Sec. 5. "Animal" means any animal other than humans. The termincludes:
(1) birds;
(2) fish;
(3) mammals; and
(4) reptiles;
wild or domestic.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-6
Repealed
(Repealed by P.L.58-2008, SEC.51.)
IC 25-38.1-1-7
"Board"
Sec. 7. "Board" means the Indiana board of veterinary medicalexaminers established by IC 25-38.1-2-1.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-7.3
"Client"
Sec. 7.3. "Client" means the owner, the owner's agent, or otherperson who is responsible for an animal that is examined or treatedby a veterinarian.
As added by P.L.58-2008, SEC.4.
IC 25-38.1-1-7.5
"Consultation"
Sec. 7.5. "Consultation" means a licensed veterinarian receivingadvice by any means from:
(1) a veterinarian licensed in Indiana or another jurisdiction; or
(2) a person whose expertise, in the opinion of the licensedveterinarian, would benefit an animal.
As added by P.L.58-2008, SEC.5.
IC 25-38.1-1-7.6
"Contract operator"
Sec. 7.6. "Contract operator" means an individual who contractswith the owner of an animal to provide complete care for the animaltwenty-four (24) hours a day, seven (7) days a week.
As added by P.L.58-2008, SEC.6.
IC 25-38.1-1-7.7
"Direct supervision"
Sec. 7.7. "Direct supervision" means a supervisor is readilyavailable on the premises where the animal is being treated.
As added by P.L.58-2008, SEC.7.
IC 25-38.1-1-8
"ECFVG certificate"
Sec. 8. "ECFVG certificate" means a certificate issued by theAmerican Veterinary Medical Association Educational Commissionfor Foreign Veterinary Graduates, indicating that the holder hasdemonstrated knowledge and skill equivalent to that possessed by agraduate of an accredited college of veterinary medicine.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-9
"Extern"
Sec. 9. "Extern" means a:
(1) senior veterinary student enrolled in an accredited collegeof veterinary medicine; or
(2) second year student enrolled in an accredited veterinarytechnology program;
employed by or working with a licensed veterinarian and under thelicensed veterinarian's direct supervision.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.8.
IC 25-38.1-1-9.3
"Impaired veterinary health care provider"
Sec. 9.3. "Impaired veterinary health care provider" means aveterinarian or registered veterinary technician who has beenaffected by the use or abuse of alcohol or other drugs.
As added by P.L.58-2008, SEC.9.
IC 25-38.1-1-9.5
"Indirect supervision"
Sec. 9.5. "Indirect supervision" means a supervising veterinarianis not on the premises but:
(1) is present within the veterinarian's usual practice area;
(2) has given written protocols or oral instructions for thetreatment of an animal for which a veterinarian-client-patientrelationship exists; and
(3) is readily available by telephone or other means ofimmediate communication.As added by P.L.58-2008, SEC.10.
IC 25-38.1-1-10
"Licensed veterinarian"
Sec. 10. "Licensed veterinarian" means an individual who islicensed under this article to practice veterinary medicine in Indiana.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-10.5
"Patient"
Sec. 10.5. "Patient" means an animal that is examined or treatedby a veterinarian.
As added by P.L.58-2008, SEC.11.
IC 25-38.1-1-11
"Person"
Sec. 11. "Person" means an individual, an incorporated orunincorporated organization or association, or a group of personsacting in concert.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-12
"Practice of veterinary medicine"
Sec. 12. "Practice of veterinary medicine" means:
(1) representing oneself as engaged in the practice of veterinarymedicine, veterinary surgery, or veterinary dentistry or any oftheir branches or specialties;
(2) using words, letters, or titles in a connection or undercircumstances that may induce another person to believe thatthe person using them is engaged in the practice of veterinarymedicine, veterinary surgery, or veterinary dentistry;
(3) accepting compensation for doing any of the thingsdescribed in subdivisions (4) through (8);
(4) providing the diagnosis, treatment, correction, or preventionof any disease, defect, injury, deformity, pain, or condition ofanimals;
(5) prescribing, dispensing, or ordering the administration of adrug, a medicine, a biologic, a medical appliance, anapplication, or treatment of whatever nature for the prevention,cure, or relief of any disease, ailment, defect, injury, deformity,pain, or other condition of animals;
(6) performing a:
(A) surgical or dental operation; or
(B) complimentary or alternative therapy;
upon an animal;
(7) certifying the health, fitness, or soundness of an animal; or
(8) performing any procedure for the diagnosis of pregnancy,sterility, or infertility upon animals.
However, the term does not include administering a drug, medicine,appliance, application, or treatment that is administered at the
direction and under the direct supervision of a veterinarian licensedunder this article.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.12.
IC 25-38.1-1-13
"Registered veterinary technician"
Sec. 13. "Registered veterinary technician" means a veterinarytechnician registered under this article to work under the direct orindirect supervision of a licensed veterinarian.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.13.
IC 25-38.1-1-14
"Veterinarian"
Sec. 14. "Veterinarian" means an individual who was a licensedveterinarian on August 31, 1979, or who has received a professionaldegree from an accredited college of veterinary medicine.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-14.5
"Veterinarian-client-patient relationship"
Sec. 14.5. "Veterinarian-client-patient relationship" means arelationship between a veterinarian and client that meets thefollowing conditions:
(1) The veterinarian has assumed the responsibility for makingclinical judgments regarding the health of the animal and theneed for medical treatment, and the client has agreed to followthe veterinarian's instructions.
(2) The veterinarian has sufficient knowledge of the animal toinitiate a diagnosis of the medical condition of the animal. Theveterinarian has recently seen and is personally acquainted withthe keeping and care of the animal by either of the following:
(A) An examination of the animal.
(B) By recently seeing and being personally acquainted withthe keeping and care of representative animals andassociated husbandry practices by making medicallyappropriate and timely visits to the premises where theanimal is kept.
(3) The veterinarian is readily available or has arranged foremergency coverage for follow-up evaluation if there is anadverse reaction or failure of the treatment regimen.
(4) When appropriate, the veterinarian has arranged forcontinuing care with another licensed veterinarian who hasaccess to the animal's medical record.
As added by P.L.58-2008, SEC.14.
IC 25-38.1-1-14.7
"Veterinary assistant"
Sec. 14.7. "Veterinary assistant" means an individual who is nota licensed veterinarian or registered veterinary technician whoperforms tasks related to animal health care under the direct
supervision of a licensed veterinarian or registered veterinarytechnician.
As added by P.L.58-2008, SEC.15.
IC 25-38.1-1-15
"Veterinary medicine"
Sec. 15. "Veterinary medicine" includes veterinary surgery,obstetrics, dentistry, acupuncture, and all other branches orspecialties of veterinary medicine.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-1-16
Repealed
(Repealed by P.L.58-2008, SEC.51.)