CHAPTER 2. INDIANA BOARD OF VETERINARY MEDICAL EXAMINERS
IC 25-38.1-2
Chapter 2. Indiana Board of Veterinary Medical Examiners
IC 25-38.1-2-1
Board of veterinary medical examiners
Sec. 1. (a) The Indiana board of veterinary medical examiners isestablished.
(b) The board consists of seven (7) members appointed by thegovernor from the districts described in section 3 of this chapter. Notmore than one (1) veterinarian member may be domiciled in the samedistrict.
(c) One (1) of the board members must be a registered veterinarytechnician.
(d) One (1) of the board members must be appointed to representthe general public.
(e) Not more than four (4) board members may be affiliated withthe same political party.
(f) If there is a vacancy on the board, the governor shall appointa successor to complete the unexpired term.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.16.
IC 25-38.1-2-2
Terms of board members
Sec. 2. (a) The term of each member of the board is four (4) yearsbeginning on September 1 of the appropriate year. Each membershall serve until the member's successor is appointed and qualified.Members of the board may be appointed for more than one (1) term,but an individual may not be a member of the board for more thaneight (8) years out of any twelve (12) year period.
(b) The terms of the board members expire as follows:
(1) The term of the member from the first district expires onAugust 31, 2008, and every four (4) years thereafter.
(2) The term of the member from the second district expires onAugust 31, 2009, and every four (4) years thereafter.
(3) The term of the member from the third district expires onAugust 31, 2010, and every four (4) years thereafter.
(4) The term of the member from the fourth district expires onAugust 31, 2011, and every four (4) years thereafter.
(5) The term of the member from the fifth district expires onAugust 31, 2008, and every four (4) years thereafter.
(6) The term of the member appointed to represent the generalpublic expires on August 31, 2009, and every four (4) yearsthereafter.
(7) The term of the registered technician member expires onAugust 31, 2012, and every four (4) years thereafter.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.17.
IC 25-38.1-2-3
Districts
Sec. 3. (a) District 1 consists of the following counties: Clay,
Crawford, Daviess, Dubois, Fountain, Gibson, Greene, Knox,Lawrence, Martin, Monroe, Montgomery, Morgan, Orange, Owen,Parke, Perry, Pike, Posey, Putnam, Spencer, Sullivan, Tippecanoe,Vanderburgh, Vermillion, Vigo, Warren, and Warrick.
(b) District 2 consists of the following counties: Bartholomew,Brown, Clark, Dearborn, Decatur, Delaware, Fayette, Floyd,Franklin, Hancock, Harrison, Henry, Jackson, Jefferson, Jennings,Johnson, Madison, Ohio, Randolph, Ripley, Rush, Scott, Shelby,Switzerland, Union, Washington, and Wayne.
(c) District 3 consists of the following counties: Boone, Clinton,Hamilton, Hendricks, Howard, Marion, and Tipton.
(d) District 4 consists of the following counties: Lake, LaPorte,Marshall, Porter, St. Joseph, and Starke.
(e) District 5 consists of the following counties: Adams, Allen,Benton, Blackford, Carroll, Cass, DeKalb, Elkhart, Fulton, Grant,Huntington, Jasper, Jay, Kosciusko, LaGrange, Miami, Newton,Noble, Pulaski, Steuben, Wabash, Wells, White, and Whitley.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-4
Eligibility of board members
Sec. 4. (a) Each member of the board must have been a residentof Indiana for at least five (5) years continuously before appointmentand must have been a:
(1) licensed veterinarian in the private practice of veterinarymedicine; or
(2) registered veterinary technician;
in Indiana for at least three (3) of those years.
(b) Each member of the board must be a graduate of a school orcollege of veterinary medicine or an accredited veterinary technologyprogram generally recognized as approved, according to theprevailing standard for recognition as a school or college ofveterinary medicine at the time of the member's graduation.
(c) Each member of the board must be a person of good reputationwithin the profession and within the community in which themember resides.
(d) A member of the board may not be an officer, a director, or anemployee in any manufacturing, wholesaling, or retail enterprisedealing in drugs, supplies, instruments, or equipment used or usefulin the practice of veterinary medicine, which might constitute or tendto create a conflict of interest between the member's businessassociation and membership on the board.
(e) A member of the board may not be a member of the faculty,board of trustees, or advisory board of a school of veterinarymedicine or school of veterinary technology.
(f) Notwithstanding the other provisions of this section, one (1)member of the board, appointed to represent the general public, mustbe an Indiana resident who has never been associated with veterinarymedicine in any way other than as a consumer.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.18.
IC 25-38.1-2-5
Board meetings
Sec. 5. (a) The board shall hold an annual meeting in Indianapolisand other regular meetings during the year at places the board sets.
(b) The board may hold special meetings as necessary. Thechairperson or two (2) members of the board may call a specialmeeting.
(c) Four (4) members of the board constitute a quorum.
(d) All meetings must be open and public. However, the boardmay meet in closed session:
(1) to prepare, approve, administer, or grade examinations;
(2) to deliberate the qualifications of an applicant for license orregistration; or
(3) to deliberate the disposition of a proceeding to discipline alicensed veterinarian or registered veterinary technician.
(e) Minutes of each regular and special meeting shall be compiledand kept as a permanent record in the same office as other records ofthe board are kept. The agency is responsible for the care andsafekeeping of the minutes.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-6
Travel reimbursement
Sec. 6. Each member of the board is entitled to reimbursement fortraveling and other expenses as provided in the state travel policiesand procedures established by the Indiana department ofadministration and approved by the budget agency.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-7
Officers; duties of the Indiana professional licensing agency
Sec. 7. (a) At its annual meeting, the board shall elect achairperson and vice chairperson and other necessary officersdetermined by the board. Officers shall serve for a term of one (1)year or until a successor is elected. There is no limitation on thenumber of terms an officer may serve.
(b) The state veterinarian shall be the technical adviser of theboard.
(c) The duties of the agency include:
(1) corresponding for the board;
(2) keeping accounts and records of all receipts anddisbursements by the board;
(3) keeping records of all applications for license orregistration;
(4) keeping a register of all persons currently licensed orregistered by the board;
(5) keeping permanent records of all board proceedings; and
(6) administering the veterinary investigative fund establishedby section 25 of this chapter.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.19.
IC 25-38.1-2-8
Liberal construction of supervisory powers
Sec. 8. The powers granted to the board in this chapter are toenable the board to effectively supervise the practice of veterinarymedicine and are to be construed liberally to accomplish thisobjective.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-9
Board powers; qualifications of applicants
Sec. 9. The board is vested with the sole authority to determinethe qualifications of applicants for:
(1) a license to practice veterinary medicine; and
(2) registration to practice as a registered veterinary technician;
in Indiana.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.20.
IC 25-38.1-2-10
Board powers; licenses and permits
Sec. 10. The board is vested with the sole authority to issue,renew, deny, suspend, or revoke:
(1) licenses and special permits to practice veterinary medicine;and
(2) registrations or special permits to practice as a registeredveterinary technician;
in Indiana.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.21.
IC 25-38.1-2-11
Board powers; authority to discipline
Sec. 11. The board is vested with sole authority to disciplinelicensed veterinarians and registered veterinary techniciansconsistent with this article and the rules adopted under this chapter.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-12
Board powers; examinations
Sec. 12. The board is vested with the sole authority to determinethe following:
(1) The examinations applicants are required to take.
(2) The subjects to be covered on the examinations.
(3) The places where and the dates on which examinations willbe given.
(4) The deadlines for applying to take the examinations.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.22.
IC 25-38.1-2-13
Continuing education
Sec. 13. The board may establish by rule minimum standards ofcontinuing education for the renewal of licenses to practice
veterinary medicine and for the renewal of registrations as aregistered veterinary technician. The rules adopted under this sectionmust comply with IC 25-1-4-3.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.23.
IC 25-38.1-2-14
Standards of professional conduct
Sec. 14. The board shall adopt by rule standards of professionalconduct for the competent practice of veterinary medicine and thecompetent practice of a registered veterinary technician.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.24.
IC 25-38.1-2-15
Investigations
Sec. 15. Subject to IC 25-1-7, the board may conductinvestigations for the purpose of discovering violations of this articleby:
(1) licensed veterinarians or registered veterinary technicians;or
(2) persons practicing veterinary medicine without a license orpersons practicing as a registered veterinary technician withoutbeing registered.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-16
Inspections
Sec. 16. The board may inspect, without notice and during normalworking hours, veterinary hospitals, clinics, or other establishmentsto determine if the veterinary hospitals, clinics, or otherestablishments meet the board's standards of cleanliness andsanitation as defined by the board's rules.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-17
Hearings
Sec. 17. The board may hold hearings on all matters properlybrought before the board. When conducting hearings, the board mayadminister oaths, receive evidence, make findings, and enter ordersconsistent with the findings. The board may require by subpoena theattendance and testimony of witnesses and the production of papers,records, or other documentary evidence and commission depositions.The board may designate one (1) or more of its members to serve asthe board's hearing officer.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-18
Court enforcement
Sec. 18. The board may bring proceedings in the courts for theenforcement of this article or any rules adopted under this chapter.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-19
Fees
Sec. 19. (a) The board shall establish by rule under IC 25-1-8 feessufficient to implement this article, including fees for examining andlicensing veterinarians and for examining and registering veterinarytechnicians.
(b) In addition to the fee to issue or renew a license, registration,or permit, the board may establish a fee of not more than ten dollars($10) per year for a person who holds a license or special permit asa veterinarian or a registration or special permit as a veterinarytechnician to provide funds for administering and enforcing theprovisions of this article, including investigating and taking actionagainst persons who violate this article. All funds collected underthis subsection shall be deposited in the veterinary investigative fundestablished by section 25 of this chapter.
(c) The fees established under this section shall be charged andcollected by the agency.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.25.
IC 25-38.1-2-20
Reciprocal agreements
Sec. 20. The board may enter into reciprocal agreements with itscounterpart boards in other states and may effect agreements by rule.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-21
Board representation at meetings
Sec. 21. The board may appoint one (1) or more board membersto act as representatives of the board at any meeting inside or outsideIndiana where representation is desirable.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-22
Support personnel and supplies
Sec. 22. The agency shall provide the board with full or part-timeprofessional and clerical personnel and supplies, including printedmatter and equipment, necessary to implement this article.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-23
Rules
Sec. 23. The board may adopt rules under IC 4-22-2 that the boardconsiders necessary to carry out the board's duties.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-24
Seal
Sec. 24. The board may adopt an appropriate seal, which may beaffixed to all license and registration certificates and other officialdocuments of the board.As added by P.L.2-2008, SEC.12.
IC 25-38.1-2-25
Veterinary investigation fund
Sec. 25. (a) The veterinary investigative fund is established toprovide funds for administering and enforcing the provisions of thisarticle, including investigating and taking enforcement action againstviolators of this article. The fund shall be administered by theagency.
(b) The expenses of administering the fund shall be paid from themoney in the fund. The fund consists of money from the fee imposedunder section 19(b) of this chapter.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. However, if the total amount in thefund exceeds seven hundred fifty thousand dollars ($750,000) at theend of a state fiscal year after payment of all claims and expenses,the amount that exceeds seven hundred fifty thousand dollars($750,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated to the agencyfor its use in administering and enforcing this article, conductinginvestigations, and taking enforcement action against personsviolating this article.
(f) The attorney general and the agency may enter into amemorandum of understanding to provide the attorney general withfunds to conduct investigations and pursue enforcement actionagainst violators of this article.
(g) The attorney general and the agency shall present thememorandum of understanding annually to the board for review.
As added by P.L.58-2008, SEC.26.