State Codes and Statutes

Statutes > Kansas > Chapter47 > Article8 > Statutes_20180

47-834

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 8.--REGISTRATION OF VETERINARIANS

      47-834.   Prohibition against practice withoutlicense; unlawful practice of veterinary medicine; unlawful operation ormanagement by a person of veterinary premises; criminal penalties; remedies ofboard; actions by board against persons other than licensees, registrants orveterinarians.(a) Unlawful practice of veterinary medicine is thepractice of veterinary medicine by a person without a license unless thatperson is exempt from such requirement pursuant to the provisions of K.S.A.47-817 and amendments thereto.

      (b)   Unlawful operation or management of veterinary premises is the operationor management by a person of a veterinary premises that is not registeredpursuant to the provisions of K.S.A. 47-840, and amendments thereto.

      (c) (1)   Unlawful practice of veterinary medicine is a class B nonpersonmisdemeanor.

      (2)   Unlawful operation or management of veterinary premises is a class Bnonperson misdemeanor.

      (3)   Each act thatviolates the provisions of subsection (a) or (b) constitutes a distinct andseparate offense.

      (d)   The board may order the remedying of any violations ofany provision of this act or any rules and regulations of the board. The boardmay issue a cease and desist order upon board determination that a licensee,registrant or any veterinarian has violated any provision of this act, anorder of the board or any rules and regulations of the board.

      (e)   If the board determines that a person is practicing veterinarymedicine without a license on a companion animal or is operating or managing aveterinary premises that is not registered pursuant to K.S.A. 47-480, andamendments thereto, in addition to any other penalties imposed by law, theboard may take any or all of the following actions:

      (1)   Issue a cease and desist order;

      (2)   issue a citation and fine in accordance with the procedures in K.S.A.47-843 and 47-844, and amendments thereto; and

      (3)   bring an injunction action in its own name in a court of competentjurisdiction.

      (f)   For purposes of investigations and proceedings conducted by the board,the board may issue subpoenas compelling the attendance and testimony of anyperson or the production for examination or copying of documents or any otherphysical evidence according to the procedures in subsection (a)(19) of K.S.A.47-821, and amendments thereto, if such evidence relates to practicingveterinary medicine without a license on a companion animal or operating ormanaging a veterinary premises that is not registered pursuant to K.S.A.47-840, and amendments thereto.

      (g)   The successful maintenance of an action based on any one of theremedies set forth in this section shall in no way prejudice the prosecution ofan action based on any other of the remedies.

      History:   L. 1969, ch. 261, § 21;L. 1980, ch. 155, § 16;L. 1993, ch. 129, § 15;L. 1999, ch. 25, § 11;L. 2006, ch. 112, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter47 > Article8 > Statutes_20180

47-834

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 8.--REGISTRATION OF VETERINARIANS

      47-834.   Prohibition against practice withoutlicense; unlawful practice of veterinary medicine; unlawful operation ormanagement by a person of veterinary premises; criminal penalties; remedies ofboard; actions by board against persons other than licensees, registrants orveterinarians.(a) Unlawful practice of veterinary medicine is thepractice of veterinary medicine by a person without a license unless thatperson is exempt from such requirement pursuant to the provisions of K.S.A.47-817 and amendments thereto.

      (b)   Unlawful operation or management of veterinary premises is the operationor management by a person of a veterinary premises that is not registeredpursuant to the provisions of K.S.A. 47-840, and amendments thereto.

      (c) (1)   Unlawful practice of veterinary medicine is a class B nonpersonmisdemeanor.

      (2)   Unlawful operation or management of veterinary premises is a class Bnonperson misdemeanor.

      (3)   Each act thatviolates the provisions of subsection (a) or (b) constitutes a distinct andseparate offense.

      (d)   The board may order the remedying of any violations ofany provision of this act or any rules and regulations of the board. The boardmay issue a cease and desist order upon board determination that a licensee,registrant or any veterinarian has violated any provision of this act, anorder of the board or any rules and regulations of the board.

      (e)   If the board determines that a person is practicing veterinarymedicine without a license on a companion animal or is operating or managing aveterinary premises that is not registered pursuant to K.S.A. 47-480, andamendments thereto, in addition to any other penalties imposed by law, theboard may take any or all of the following actions:

      (1)   Issue a cease and desist order;

      (2)   issue a citation and fine in accordance with the procedures in K.S.A.47-843 and 47-844, and amendments thereto; and

      (3)   bring an injunction action in its own name in a court of competentjurisdiction.

      (f)   For purposes of investigations and proceedings conducted by the board,the board may issue subpoenas compelling the attendance and testimony of anyperson or the production for examination or copying of documents or any otherphysical evidence according to the procedures in subsection (a)(19) of K.S.A.47-821, and amendments thereto, if such evidence relates to practicingveterinary medicine without a license on a companion animal or operating ormanaging a veterinary premises that is not registered pursuant to K.S.A.47-840, and amendments thereto.

      (g)   The successful maintenance of an action based on any one of theremedies set forth in this section shall in no way prejudice the prosecution ofan action based on any other of the remedies.

      History:   L. 1969, ch. 261, § 21;L. 1980, ch. 155, § 16;L. 1993, ch. 129, § 15;L. 1999, ch. 25, § 11;L. 2006, ch. 112, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter47 > Article8 > Statutes_20180

47-834

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 8.--REGISTRATION OF VETERINARIANS

      47-834.   Prohibition against practice withoutlicense; unlawful practice of veterinary medicine; unlawful operation ormanagement by a person of veterinary premises; criminal penalties; remedies ofboard; actions by board against persons other than licensees, registrants orveterinarians.(a) Unlawful practice of veterinary medicine is thepractice of veterinary medicine by a person without a license unless thatperson is exempt from such requirement pursuant to the provisions of K.S.A.47-817 and amendments thereto.

      (b)   Unlawful operation or management of veterinary premises is the operationor management by a person of a veterinary premises that is not registeredpursuant to the provisions of K.S.A. 47-840, and amendments thereto.

      (c) (1)   Unlawful practice of veterinary medicine is a class B nonpersonmisdemeanor.

      (2)   Unlawful operation or management of veterinary premises is a class Bnonperson misdemeanor.

      (3)   Each act thatviolates the provisions of subsection (a) or (b) constitutes a distinct andseparate offense.

      (d)   The board may order the remedying of any violations ofany provision of this act or any rules and regulations of the board. The boardmay issue a cease and desist order upon board determination that a licensee,registrant or any veterinarian has violated any provision of this act, anorder of the board or any rules and regulations of the board.

      (e)   If the board determines that a person is practicing veterinarymedicine without a license on a companion animal or is operating or managing aveterinary premises that is not registered pursuant to K.S.A. 47-480, andamendments thereto, in addition to any other penalties imposed by law, theboard may take any or all of the following actions:

      (1)   Issue a cease and desist order;

      (2)   issue a citation and fine in accordance with the procedures in K.S.A.47-843 and 47-844, and amendments thereto; and

      (3)   bring an injunction action in its own name in a court of competentjurisdiction.

      (f)   For purposes of investigations and proceedings conducted by the board,the board may issue subpoenas compelling the attendance and testimony of anyperson or the production for examination or copying of documents or any otherphysical evidence according to the procedures in subsection (a)(19) of K.S.A.47-821, and amendments thereto, if such evidence relates to practicingveterinary medicine without a license on a companion animal or operating ormanaging a veterinary premises that is not registered pursuant to K.S.A.47-840, and amendments thereto.

      (g)   The successful maintenance of an action based on any one of theremedies set forth in this section shall in no way prejudice the prosecution ofan action based on any other of the remedies.

      History:   L. 1969, ch. 261, § 21;L. 1980, ch. 155, § 16;L. 1993, ch. 129, § 15;L. 1999, ch. 25, § 11;L. 2006, ch. 112, § 4; July 1.