CHAPTER 4. PRACTICE; DISCIPLINE; PROHIBITIONS
IC 25-38.1-4
Chapter 4. Practice; Discipline; Prohibitions
IC 25-38.1-4-1
Veterinary technician identification; use of title or abbreviation;advertising
Sec. 1. (a) During working hours or when actively performing theregistered veterinary technician's duties, a registered veterinarytechnician must wear a unique mark of identification on thetechnician's clothing that is approved by the board and that identifiesthe technician as a registered veterinary technician.
(b) An individual who is not a registered veterinary technicianmay not use the title "registered veterinary technician", "veterinarytechnician", or the abbreviation "R.V.T.".
(c) An individual who is not a registered veterinary technicianmay not advertise or offer the individual's services in a mannercalculated to lead others to believe that the individual is a registeredveterinary technician.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.37.
IC 25-38.1-4-2
Restrictions on veterinary technicians and veterinary assistants
Sec. 2. A:
(1) registered veterinary technician; or
(2) veterinary assistant;
may not diagnose, make a prognosis, prescribe medical or surgicaltreatment, or perform as a surgeon. However, the registeredveterinary technician may perform routine procedures defined byboard rules while under the direct or indirect supervision of alicensed veterinarian responsible for the technician's performance.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.38.
IC 25-38.1-4-3
Supervision of veterinary employees; compensation; duties
Sec. 3. (a) A supervising veterinarian shall determine and isresponsible for determining the appropriate level of supervision,except where prohibited by law, if the tasks being delegated arecommensurate with employee's training, experience, and skills.
(b) Registered veterinary technicians may, under direct or indirectsupervision, perform routine food animal management practices if avalid veterinarian-client-patient relationship exists.
(c) A registered veterinary technician or veterinary assistant maynot receive a fee or compensation for veterinary services other thansalary or compensation paid by the establishment where theindividual is employed.
(d) In the performance of delegated veterinary tasks, a registeredveterinary technician and veterinary assistant shall do the following:
(1) Accept only those delegated veterinary tasks for which thereare mutually approved protocols, written standing orders, orverbal directions. (2) Accept only those delegated veterinary tasks that:
(A) the registered veterinary technician or veterinaryassistant is competent to perform based on education,training, or experience; and
(B) are not prohibited by law.
(3) Consult with the supervising veterinarian in cases where theregistered veterinary technician or veterinary assistant knows orshould have known that a delegated veterinary task may harman animal.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.39.
IC 25-38.1-4-4
Repealed
(Repealed by P.L.58-2008, SEC.51.)
IC 25-38.1-4-5
Prescriptions
Sec. 5. (a) A licensed veterinarian may write prescriptions.Pharmacists shall give the prescriptions written by a licensedveterinarian the same recognition given the prescriptions of personsholding an unlimited license to practice medicine or osteopathicmedicine.
(b) A valid veterinarian-client-patient relationship must existbefore a licensed veterinarian dispenses or prescribes a prescriptionproduct.
(c) Veterinary prescription products, including drugs andimmunizing products restricted by state and federal law for use bylicensed veterinarians, may not be diverted or transferred to anindividual for use on an animal if there is not a currentveterinarian-client-patient relationship with the original prescribingveterinarian.
(d) If a veterinarian prescribes a drug for the client's animal, uponrequest, the veterinarian shall provide the prescription to the client,unless prohibited by state or federal law or to prevent inappropriateuse.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.40.
IC 25-38.1-4-5.5
Maintenance of veterinary medical records; copies; confidentiality
Sec. 5.5. (a) Each person who provides veterinary medicalservices shall maintain medical records, as defined by rules adoptedby the board.
(b) Veterinary medical records include the following:
(1) Written records and notes, radiographs, sonographic images,video recordings, photographs or other images, and laboratoryreports.
(2) Other information received as the result of consultation.
(3) Identification of any designated agent of the owner for thepurpose of authorizing veterinary medical or animal health caredecisions. (4) Any authorizations, releases, waivers, or other relateddocuments.
(c) The client is entitled to a copy or summary of the veterinarymedical records. A veterinarian may charge a reasonable fee forcopying or summarizing the requested veterinary medical record. Theveterinarian may require that the request be in writing.
(d) Except as provided in subsection (e) or upon writtenauthorization of the client, an animal's veterinary medical record andmedical condition is confidential and may not be:
(1) furnished to; or
(2) discussed with;
any person other than the client or other veterinarians involved in thecare or treatment of the animal.
(e) An animal's veterinary medical records and medical conditionmay be furnished without written client authorization under thefollowing circumstances:
(1) Access to the records is specifically required by a state orfederal statute.
(2) An order by a court with jurisdiction in a civil or criminalaction upon the court's issuance of a subpoena and notice to theclient or the client's legal representative.
(3) For statistical and scientific research, if the information isabstracted in a way as to protect the identity of the animal andthe client.
(4) As part of an inspection or investigation conducted by theboard or an agent of the board.
(5) As part of a request from a regulatory or health authority,physician, or veterinarian:
(A) to verify a rabies vaccination of an animal; or
(B) to investigate a threat to human or animal health, or forthe protection of animal or public health and welfare.
(6) As a part of an animal cruelty report and associatedapplicable records that are part of an abuse investigation by lawenforcement or a governmental agency.
(7) To a law enforcement agency as part of a criminalinvestigation.
(8) To the School of Veterinary Medicine at Purdue University,the animal disease diagnostic laboratory, or a state agency orcommission. However, an animal's veterinary medical recordsremain confidential unless the information is disclosed in amanner allowed under this section.
(9) Veterinary medical records that are released by the board ofanimal health when in the judgment of the state veterinarian thedisclosure is necessary or helpful in advancing animal health orprotecting public health.
(f) An animal's veterinary medical records must be kept andmaintained by the veterinarian for at least three (3) years after theveterinarian's last encounter with the animal.
As added by P.L.58-2008, SEC.41.
IC 25-38.1-4-6
Emergencies
Sec. 6. Notwithstanding this chapter, in an emergency, in theabsence of the licensed veterinarian employer, an employee of alicensed veterinarian may perform the duties it is lawful for theemployee to perform under the direct supervision of the licensedveterinarian according to the rules of the board and the writtenauthority of the licensed veterinary employer.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.42.
IC 25-38.1-4-7
Immunity in emergencies; euthanasia
Sec. 7. A licensed veterinarian or a registered veterinarytechnician who, on the veterinarian's or technician's own initiative,gives emergency treatment to a sick or injured animal is not liable indamages to the owner of the animal in the absence of grossnegligence. If a licensed veterinarian performs euthanasia on theanimal, there is a presumption that performing euthanasia was ahumane act, necessary to relieve the animal of pain and suffering.
As added by P.L.2-2008, SEC.12.
IC 25-38.1-4-8
Abandoned animals
Sec. 8. (a) An animal placed in the custody of a veterinarian isconsidered to be abandoned five (5) days after the veterinarian hasgiven written notice to the individual who delivered the animal to theveterinarian that the animal should be reclaimed by the individual.Written notice must be delivered by certified mail to the place givenby the individual as the individual's mailing address at the time theindividual delivered the animal to the veterinarian.
(b) Abandonment of an animal under this section constitutes therelinquishment of all rights and claims by the owner of the animal.An abandoned animal may be sold or otherwise disposed of as theveterinarian may see fit. The purchaser or recipient of an abandonedanimal shall receive full and clear title to the animal.
(c) The giving of notice as provided in this section relieves theveterinarian and all persons who receive an abandoned animal fromthe veterinarian of criminal or civil liability.
(d) The individual who delivered an animal abandoned under thissection is liable for all reasonable and customary expenses incurredfor diagnosis, treatment, hospitalization, surgery, board, euthanasia,and disposal of the abandoned animal.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.43.
IC 25-38.1-4-8.5
Immunity for reporting suspected animal cruelty
Sec. 8.5. A veterinarian or registered veterinary technician whoreports in good faith and in the normal course of business a suspectedincident of animal cruelty under IC 35-46-3 to a law enforcementofficer is immune from liability in any civil or criminal action
brought for reporting the incident.
As added by P.L.58-2008, SEC.44. Amended by P.L.111-2009,SEC.5.
IC 25-38.1-4-9
Discipline of registered veterinary technicians
Sec. 9. Upon written complaint sworn to by any individual, theboard may, by the concurrence of four (4) members, after a hearingand based upon findings of fact, discipline a registered veterinarytechnician by revoking or suspending the technician's registration fora time certain, by placing the technician on probation, or by anyother appropriate means for any of the following reasons:
(1) The use of fraud, misrepresentation, or deception inobtaining a registration.
(2) Intoxication or the unlawful use of a controlled substance.
(3) The use of advertising or solicitation that is false ormisleading or is considered unprofessional under rules adoptedby the board.
(4) Conviction of or a plea of guilty to the charge of a felony ormisdemeanor involving moral turpitude.
(5) Incompetence, gross negligence, or malpractice inperforming as a registered veterinary technician.
(6) Cruelty to animals.
(7) Representing the technician as a veterinarian.
(8) Disciplinary action taken against the technician'sregistration by the board or by the licensing agency of any otherstate or jurisdiction by reason of the technician's inability topractice safely as a registered veterinary technician, if thereason is valid in the opinion of the board.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.45.
IC 25-38.1-4-10
Offenses; practice without a license; false information
Sec. 10. A person who knowingly:
(1) practices veterinary medicine without a license or specialpermit to practice veterinary medicine issued by the board; or
(2) supplies false information on an application for a license asa veterinarian;
commits a Class A misdemeanor.
As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.46.
IC 25-38.1-4-11
Offenses; veterinary technicians
Sec. 11. A person who knowingly:
(1) acts as a registered veterinary technician without beingregistered as a veterinary technician with the board or having aspecial permit issued by the board; or
(2) supplies false information on an application for registrationas a veterinary technician;
commits a Class A misdemeanor.As added by P.L.2-2008, SEC.12. Amended by P.L.58-2008, SEC.47.
IC 25-38.1-4-11.5
Offenses; general
Sec. 11.5. Except as provided in sections 10 and 11 of thischapter, a person who violates this chapter commits a Class Ainfraction.
As added by P.L.58-2008, SEC.48.
IC 25-38.1-4-12
Injunction for practice without a license or certificate
Sec. 12. (a) If a person engages in the practice of veterinarymedicine without a license or certificate issued under this article:
(1) the attorney general;
(2) a prosecuting attorney;
(3) the board; or
(4) a citizen;
may maintain an action in the name of the state to enjoin the personfrom engaging in the practice of veterinary medicine.
(b) In charging a person under subsection (a) in an affidavit,information, or indictment with a violation of this article, it issufficient to charge that the person did, on a certain date and in acertain county, engage in the practice of veterinary medicine withouta license or permit issued under this article.
As added by P.L.2-2008, SEC.12.