State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter30

CHAPTER 30 - VETERINARIANS

 

ARTICLE 1 - IN GENERAL

 

33-30-101. Filing of forged or fictitious diploma.

 

Anyperson, filing, or attempting to file, as his own, the diploma of another, or aforged or fictitious diploma, or a fraudulently obtained diploma, certificate,license, or affidavit, upon conviction thereof shall be subject to the penaltyprovided by the statutes of the state of Wyoming for the crime of forgery.

 

33-30-102. Veterinary officers to be licensed.

 

Noperson shall hereafter in this state or in any county or city thereof beappointed or elected to any public position requiring veterinary skill orknowledge, who has not, prior to his appointment or election become a dulylicensed veterinarian.

 

ARTICLE 2 - MEDICAL PRACTICE

 

33-30-201. Citation and purpose of article.

 

 

(a) This act shall be known as the Wyoming Veterinary MedicalPractice Act.

 

(b) It is hereby declared that the practice of veterinarymedicine is a privilege which is granted by legislative authority in theinterest of the public health, safety and welfare, and to assure the public ofthe highest competency and professional standards by persons licensed topractice veterinary medicine.

 

33-30-202. Definitions.

 

 

(a) When used in this act, these words and phrases, unless thecontext otherwise indicates, shall be defined as follows:

 

(i) "Animal" is any animal other than man andincludes fowl, birds, fish and reptiles, wild or domestic, living or dead;

 

(ii) "Veterinary medicine" is that discipline ofmedicine, system, science and art devoted to preventing or alleviating illness,pain, disease and deformity of animals by diagnosing, treating, prescribing oroperating, and to preventing the spread to human beings of those diseasescapable of being contracted by human beings from animals, utilizing means andmethods which are taught and practiced in accredited colleges of veterinarymedicine. Veterinary dentistry, cosmetic surgery and physiological examinationof animals shall be considered a part of veterinary medicine;

 

(iii) "Practice of veterinary medicine" shall include,but not be limited to, the practice:

 

(A) To diagnose, prognose, treat, correct, change, relieve, orprevent disease, pain, deformity, defect, injury, or other physical or mentalconditions of any animal for a fee or other compensation; including theprescription or administration of any drug, medicine, biologic, apparatus,application, anesthetic, or other therapeutic or diagnostic substance ortechnique;

 

(B) To physiologically examine or to correct sterility orinfertility, or to render advice or recommendation with regard to any of theabove for any animal for a fee or other compensation;

 

(C) To represent, directly or indirectly, publicly orprivately, an ability and willingness to do any act described in paragraphs (A)and (B);

 

(D) To use any titles, words, abbreviations, or letters in amanner or under circumstances which induce the belief that the person usingthem is qualified to do any act described in subparagraphs (A) and (B) of thisparagraph except where such person is a veterinarian.

 

(iv) "Veterinarian" means a person who has received adoctor's degree in veterinary medicine from an accredited college of veterinarymedicine;

 

(v) "Licensed veterinarian" means a person who isvalidly and currently licensed to practice veterinary medicine in this state.For the purpose of this act such licensed veterinarian is also considered to bea practicing veterinarian;

 

(vi) "College of veterinary medicine" means anyveterinary college or school or division of a university or college that offersthe degree, doctor of veterinary medicine or its equivalent, and that conformsto the standards required for accreditation by the American Veterinary MedicalAssociation;

 

(vii) "Person" means any individual, firm, partnership,association, joint venture, cooperative and corporation, or any other group orcombination acting in concert; and whether or not acting as a principal,trustee, fiduciary, receiver, or as any other kind of legal or personalrepresentative, or as the successor in interest, assignee, agent, factor,servant, employee, director, officer, or any other representative of suchperson;

 

(viii) "Board" means the Wyoming board of veterinarymedicine.

 

33-30-203. License required; exceptions.

 

(a) No person may practice veterinary medicine in the state whois not a licensed veterinarian or the holder of a valid temporary permit issuedby the board. This act shall not be construed to prohibit:

 

(i) An employed veterinarian of the federal, state, or localgovernment from performing his official duties; provided, however, thisexemption shall not apply to such person when he is not engaged in carrying outhis official duties;

 

(ii) A person who is a regular student in a college ofveterinary medicine from performing duties or action assigned by hisinstructors, or from working under the responsible supervision of a licensedveterinarian during a school vacation period;

 

(iii) A veterinarian regularly licensed in another state fromconsulting with a licensed veterinarian in this state;

 

(iv) Any merchant or manufacturer from selling at his regularplace of business medicines, feed, appliances, or other products used in theprevention or treatment of animal diseases;

 

(v) The owner of an animal, the owner's employees or anylivestock operator and such operator's employees with whom the owner exchangeswork and assistance in connection with animals, from caring for and treatingany animal belonging to such owner, in any manner desired by said owner;

 

(vi) A member of the faculty of an accredited college ofveterinary medicine or a recognized division of veterinary science fromperforming his regular functions at such college or division by lecturing, orfrom giving instructions or demonstrations at such college or division or inconnection with a continuing education course or seminar;

 

(vii) Any person from engaging in bona fide scientific researchwhich requires experimentation involving animals; providing that procurementand care of such experimental animals shall conform to accepted methods andexisting law;

 

(viii) Any person approved by the board from performing artificialinsemination of animals as provided by W.S. 33-30-204(m)(iii);

 

(ix) Any veterinary aide, nurse, laboratory technician, intern,or other employee of a licensed veterinarian from administering medication orrendering auxiliary or supporting assistance under the responsible supervisionof such practicing veterinarian;

 

(x) Persons from gratuitously giving aid, assistance or reliefin emergency or accident cases if they do not represent themselves to beveterinarians or use any title or degree appertaining to the practice thereof;

 

(xi) Any person approved by the board from performing embryotransplants upon animals as provided by W.S. 33-30-204(m)(xiii).

 

33-30-204. Board of veterinary medicine.

 

(a) A Wyoming board of veterinary medicine shall be appointedby the governor, by and with the consent of the senate, and shall consist offive (5) members who shall hold office for a term of six (6) years. Four (4)members shall be licensed veterinarians, one (1) member shall be a consumer ofveterinary services. Members of the state board of veterinary examinerspreviously appointed under this act shall continue as members of the boarduntil the expiration of the term for which they were appointed. Initialappointments to the board may be for less than six (6) years so that the termsof not more than two (2) members shall expire in any one (1) biennium. Wheneverthe occasion arises for an appointment of a licensed veterinarian under thissection the Wyoming Veterinary Medical Association shall nominate three (3) ormore qualified persons and forward the nominations to the governor at leastthirty (30) days prior to the convening date of the senate. Vacancies due todeath, resignation or removal shall be filled by appointment by the governor inaccordance with W.S. 28-12-101 upon nominations being made as otherwiseprovided in this section for appointment. No person shall serve two (2)consecutive six (6) year terms, but a person appointed for a term of fewer thansix (6) years, or to fill a vacancy, may succeed himself. Effective July 1,1979, appointments and terms shall be made in accordance with W.S. 28-12-101through 28-12-103.

 

(b) Any member of the board who is required to be a licensedveterinarian shall be qualified to serve as a member of the board if he is agraduate of a college of veterinary medicine, a resident of this state, and hasbeen licensed to practice veterinary medicine in this state for the five (5)years immediately preceding the time of his appointment. No person may serve onthe board who is, or was during the two (2) years immediately preceding hisappointment, a member of the faculty, trustees or advisory board of a collegeof veterinary medicine.

 

(c) The governor may remove any board member from office asprovided in W.S. 9-1-202.

 

(d) Immediately and before entering upon the duties of saidoffice, the members of the board shall take the constitutional oath of officeand shall file the same in the office of the secretary of state; and thereshall thereupon be issued to said members certificates of their appointments.

 

(e) Each member of the board shall be paid twenty-five dollars($25.00) for each day or substantial portion thereof that he is engaged in thework of the board, in addition to such reimbursement for travel and per diemallowance as is normally allowed to state employees.

 

(f) The board shall meet at least once each year at the timeand place fixed by rule of the board. Other necessary meetings may be called bythe president of the board by giving notice as may be required by rule. Exceptas otherwise provided, a majority of the board, including one (1) officer,constitutes a quorum. Meetings shall be open and public except that the boardmay meet in closed session to prepare, approve, administer or gradeexaminations, or to deliberate the qualification of an applicant for license,or the disposition of a proceeding to discipline a licensed veterinarian. Theboard shall adopt a seal which shall be affixed to all licenses issued by theboard and to other papers requiring the same.

 

(g) At the annual meeting the board shall organize by electingfrom its membership a president and vice-president and such other officers asmay be prescribed by rules. Officers of the board shall serve for terms of one(1) year and until successors are elected, without limitation on the number ofterms an officer may serve. The president shall serve as chairman at the boardmeetings, except that in his absence the vice-president shall serve aschairman. The state veterinarian shall be ex officio member of the board andserve as secretary-treasurer of the board and shall receiveno compensation for any duties imposed upon him by the board, except that he isentitled to the normal travel expenses allowed to state employees.

 

(h) The duties of the secretary-treasurer shall include but notbe limited to carrying on the correspondence of the board, keeping permanentaccounts and records of all receipts and disbursements by the board and minutesof all board proceedings, including the disposition of all applications forlicenses, and keeping a register of all persons currently licensed by theboard. The secretary-treasurer shall, as required by W.S. 9-2-1014, report tothe governor and the Wyoming Veterinary Medical Association as to thetransactions of the board. In all court actions or proceedings pertaining tothis act, a transcript of any record or any part thereof, which is certified tobe a true copy by the secretary-treasurer, shall be entitled to admission inevidence.

 

(j) All board records shall be open to public inspection duringregular office hours of the secretary-treasurer; except, information receivedby the board through inspection and investigations involving the question oflicensure shall be confidential and shall not be disclosed except as may bejudicially required.

 

(k) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account. Allexpenses of the board and all expenses incurred in connection with theadministration of this act shall be paid from the account by requisition signedby the secretary-treasurer of the board in a manner provided by law for paymentof other state expenses. The account shall be a continuing account and shallnot be subject to reversion to the state's general fund.

 

(m) The board is empowered to:

 

(i) Examine and determine the qualifications and fitness ofapplicants for a license to practice veterinary medicine in the state;

 

(ii) Issue, renew, deny, suspend, or revoke licenses andtemporary permits to practice veterinary medicine in the state or otherwisediscipline licensed veterinarians consistent with the provisions of the act andthe rules and regulations adopted thereunder, provided that any denial,suspension or revocation of a license shall be preceded by notice and anopportunity for a hearing;

 

(iii) Regulate artificial insemination of animals by establishingstandards of practice by consultation with approved schools of artificialinsemination and issue permits to persons found qualified by the board;

 

(iv) Establish and publish annually a schedule of fees forlicensing and registration of veterinarians and the issuance of permits;

 

(v) Conduct investigations for the purpose of discoveringviolations of this act;

 

(vi) Hold hearings on all matters properly brought before theboard;

 

(vii) Employ full-time or part-time professional, clerical orspecial personnel necessary to effectuate the provisions of this act andpurchase or rent necessary office space, equipment and supplies;

 

(viii) Employ personnel and incur expenses as may be necessary forthe promotion of education and standards of veterinary medicine throughinstitutes, conferences, educational programs or any other means as may resultin improved services;

 

(ix) Accept any federal, state, county, city or private funds,grants or appropriations which shall be used to award scholarships, fellowshipsor assistantships to qualified persons to study veterinary medicine in anapproved school. The funds shall be deposited in the state treasury andcredited to a separate account. The funds shall be paid out upon request of theboard as provided by law. The above mentioned awards shall be granted underrules adopted by the board;

 

(x) Appoint from its own membership one (1) or more members toact as representatives of the board at any meeting within or without the statewhere such representation is deemed desirable;

 

(xi) Bring proceedings in the courts for the enforcement of thisact or any regulations made pursuant thereto;

 

(xii) Adopt, amend, or repeal all rules necessary for itsgovernment and all regulations necessary to carry into effect the provision ofthis act including the establishment and publication of standards ofprofessional conduct for the practice of veterinary medicine;

 

(xiii) Regulate the transplanting of embryos in animals byestablishing standards of practice and issue permits to persons found qualifiedby the board;

 

(xiv) Make recommendations regarding members of the animaleuthanasia technicians certification board to the governor pursuant to W.S.33-30-217(a).

 

(n) The powers enumerated are granted for the purpose ofenabling the board to supervise effectively the practice of veterinary medicineand are to be construed liberally to accomplish this objective. In the exerciseof its powers, the board shall be governed by the provisions of the WyomingAdministrative Procedure Act.

 

33-30-205. Veterinarians presently licensed.

 

Anyperson holding a valid license to practice veterinary medicine in this state onthe date when this act becomes effective shall be recognized as a licensedveterinarian and shall be entitled to retain this status so long as he complieswith the provisions of this act, including annual renewal of license.

 

33-30-206. Application for license; fee; determination ofqualifications.

 

 

(a) Any person desiring a license to practice veterinarymedicine in this state shall make written application to the board. Theapplication shall show that the applicant is an adult, subscribes to and willuphold the principles incorporated in the constitution of the United States, agraduate of a college of veterinary medicine, a person of good moral character,physical and mental health, and shall provide such other information and proofas the board may require by rule. The application shall be accompanied by a feein the amount established and published by the board.

 

(b) If the board determines that the applicant possesses theproper qualifications, it shall admit the applicant to the next examination, orif the applicant is eligible for a license without examination under W.S.33-30-208, the board may forthwith grant him a license. If an applicant isfound not qualified to take the examination or does not qualify for a licensewithout examination, the secretary-treasurer of the board shall immediatelynotify the applicant in writing of such finding and the grounds therefor. Alicensee whose license is revoked or an applicant found unqualified shall beafforded an opportunity for a hearing to be conducted in accordance with theWyoming Administrative Procedure Act. Any applicant who is found not qualifiedshall be allowed the return of his application fee.

 

33-30-207. Examinations generally.

 

 

(a) The board shall hold at least one (1) examination ofapplicants for license to practice veterinary medicine during each year and mayhold such additional examinations as are necessary.

 

(b) The preparation, administration, and grading ofexaminations shall be governed by rules prescribed by the board. Examinationsshall be designed to test the examinee's knowledge of and proficiency in the subjectsand techniques commonly taught in colleges of veterinary medicine. To pass theexamination, the examinee must demonstrate scientific and practical knowledgeof the highest competency to prove himself qualified to practice veterinarymedicine in the judgment of the board. All examinees shall be tested by awritten examination, supplemented by such oral interviews and practicaldemonstrations as the board may deem necessary. The board may adopt and use theexamination prepared by the national board of veterinary examiners.

 

(c) After each examination the secretary-treasurer shall notifyeach examinee of the result of his examination, and the board shall issuelicenses to the persons successfully completing the examination. Thesecretary-treasurer shall record the new licenses and issue certificates ofregistration to the new licensees. Any person failing an examination shall beadmitted to any subsequent examination on payment of the application fee.

 

(d) Each licensee shall be entitled to exercise all the rightsand privileges of a doctor of veterinary medicine; provided, however, anyperson practicing veterinary medicine shall be governed by the laws of thisstate and the rules adopted by the board.

 

33-30-208. When examination not required.

 

 

(a) The board may, but is not required to, issue a licensewithout a written examination to a qualified applicant who:

 

(i) Has for the five (5) years next prior to filing hisapplication been a practicing veterinarian licensed in a state, territory, ordistrict of the United States having license requirements at the time theapplicant was first licensed which were substantially equivalent to therequirements of this act, and who has the recommendation for Wyoming licensureby the examining board of his state of residence;

 

(ii) Has within the three (3) years next prior to filing hisapplication successfully completed the examination conducted by the nationalboard of veterinary examiners.

 

(b) At its discretion, the board may orally or practicallyexamine any person qualifying for licensing under this section.

 

33-30-209. Temporary permits.

 

 

(a) The board may issue without examination a temporary permitto practice veterinary medicine in this state to a qualified applicant forlicense pending examination, provided that such temporary permit shall expirethe day after the notice of results of the first examination given after thepermit is issued.

 

(b) A temporary permit may be summarily revoked by majorityvote of the board without a hearing.

 

(c) The board is under no obligation to issue a secondtemporary permit under this provision but may do so if circumstances warrantsuch issuance.

 

33-30-210. Display and exhibition of license; other licenses notrequired.

 

 

(a) Each person to whom a license is issued shall keep suchlicense conspicuously displayed in his office, place of business or place ofemployment, and shall, whenever required, exhibit said license to any member orauthorized representative of the board.

 

(b) No state, county, or city occupational license shall berequired to practice veterinary medicine when a veterinarian shall present tothe proper authority a valid current license issued by the board.

 

33-30-211. Expiration and renewal of licenses; fees; veterinarians onactive duty with armed services; duplicate licenses.

 

 

(a) All licenses shall expire annually on December 31 of eachyear and shall be renewed by registration with the board and payment of theregistration renewal fee established and published by the board. On December 1of each year, the secretary-treasurer shall mail a notice to each licensedveterinarian that his license will expire on December 31 and provide him with aform for reregistration. The secretary-treasurer shall issue annualcertificates of registration to all persons registering under this act.

 

(b) Any person who shall practice veterinary medicine after theexpiration of his license and wilfully or by neglect fail to renew such licenseshall be practicing in violation of this act; provided that, at the discretionof the board, any person not practicing in the state may renew an expiredlicense within five (5) years of the date of its expiration by making writtenapplication for renewal and paying the current renewal fee plus all delinquentrenewal fees. After five (5) years have elapsed since the date of theexpiration, a license may not be renewed, but the holder must make applicationfor a new license.

 

(c) The board may by rule waive the payment of the registrationrenewal fee of a licensed veterinarian during the period when he is on activeduty with any branch of the armed services of the United States, not to exceedthe longer of three (3) years or the duration of a national emergency.

 

(d) The board shall issue a duplicate license to replace onethat has been lost or otherwise rendered unusable upon payment of a fee set byrule of the board. Such duplicate license shall be so designated.

 

33-30-212. Denial, suspension and revocation of licenses.

 

(a) Upon written complaint sworn to by any person, the boardmay after a fair hearing and by a concurrence of all members, deny, revoke orsuspend for a certain time the license of, or reprimand, any applicant orlicensed veterinarian who upon proof to the satisfaction of the board:

 

(i) Has employed fraud, misrepresentation, or deception inobtaining a license;

 

(ii) Has been adjudicated insane;

 

(iii) Has habitually used drugs or intoxicants;

 

(iv) Has been convicted of a felony, involving moral turpitude,or has entered a plea of nolo contendere upon being charged with commission ofsuch a felony;

 

(v) Has been convicted of a violation of any federal or statelaw relating to narcotic drugs;

 

(vi) Has used advertising or solicitation deemed unprofessionalby the board;

 

(vii) Has been guilty of gross malpractice or gross neglect inthe practice of veterinary medicine which has endangered the health or life ofany person or animal;

 

(viii) Has had professional association with or employed anyperson practicing veterinary medicine unlawfully;

 

(ix) Has committed acts of fraud or dishonesty; especially inthe application or reporting of any test for disease in animals;

 

(x) Has failed to report, if required by law, or made falsereport of, any contagious or infectious disease;

 

(xi) Has been guilty of gross negligence in the inspection offoodstuffs or the issuance of health certificate, inspection certificate orvaccination certificate or other form used in the practice of veterinarymedicine contributing to the dissemination of animal disease, transportation ofdiseased animals, or the sale of products of animal origin not fit for humanconsumption;

 

(xii) Has had a license to practice veterinary medicine byanother state, territory, or district of the United States revoked or suspendedon grounds other than nonpayment of registration fee;

 

(xiii) Has been guilty of unprofessional conduct as defined inregulations adopted by the board;

 

(xiv) Has been guilty of willful or repeated violation of anyprovision of this act;

 

(xv) Has willfully failed to display a license to practiceveterinary medicine in the state of Wyoming;

 

(xvi) Has failed to keep the equipment and premises of thebusiness establishment in a clean and sanitary condition as established byrules of the board;

 

(xvii) Has refused to permit the board to inspect the businesspremises of the licensee during regular business hours;

 

(xviii) Has been convicted of a charge of cruelty to animals;

 

(xix) Has failed to answer to the board, when so requested in writing,in regard to information relating to any of the violations listed under thissection.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-30-213. Reinstatement of suspended or revoked licenses.

 

Anyperson whose license is suspended or revoked may, at the discretion of theboard, be relicensed or reinstated at any time without an examination bymajority vote of the board on written application made to the board showingcause justifying relicensing or reinstatement.

 

33-30-214. Penalty for violation; injunction.

 

 

(a) Any person who shall practice veterinary medicine without acurrently valid license or temporary permit shall be guilty of a misdemeanorand upon conviction for a first offense shall be fined not more than onehundred dollars ($100.00), or imprisoned for no more than ninety (90) days, orboth fined and imprisoned; provided that each act of such unlawful practiceshall constitute a distinct and separate offense.

 

(b) The board or any citizen of this state may bring an actionto enjoin any person from practicing veterinary medicine without a currently validlicense or temporary permit. If the court finds that the person is violating oris threatening to violate this act, it shall enter an injunction restraininghim from such unlawful acts.

 

33-30-215. Disposition of unclaimed animals in custody of veterinarians;notice to owner; liability of veterinarians; "abandoned animals".

 

 

(a) Any animal placed in the custody of a licensed veterinarianfor treatment, boarding, or other care, which shall be unclaimed by its owneror his agent for a period of more than ten (10) days after written notice isgiven to the owner or his agent at his last known address, shall be deemed tobe abandoned and may be turned over to the custody of the nearest humanesociety or dog pound in the area for the disposal as such custodian may deemproper.

 

(b) The giving of notice to the owner, or the agent of theowner, of such animal by the licensed veterinarian, as provided in theforegoing paragraph, shall relieve the licensed veterinarian and any custodianto whom such animal may be given of any further liability for disposal; it isfurther provided that such procedure by the licensed veterinarian shall notconstitute grounds for disciplinary procedure under this act.

 

(c) For the purpose of this act the term "abandoned"shall mean to forsake entirely, or to neglect or refuse to provide or performthe legal obligations for care and support of an animal by its owner, or hisagent; such abandonment shall constitute the relinquishment of all rights andclaim by the owner to such animal.

 

33-30-216. Definitions.

 

(a) As used in this act:

 

(i) "Animal tranquilizer" means any prescription druglabeled for veterinary use by the manufacturer for the purpose of immobilizingor sedating an animal to allow capture or handling and which is not acontrolled substance under the Wyoming Controlled Substances Act;

 

(ii) "Board" means the Wyoming animal euthanasiatechnician certification board;

 

(iii) "Certified animal euthanasia technician" means aperson who is employed or sponsored by a law enforcement agency whose dutiesinclude euthanizing unwanted, sick, injured or dangerous animals;

 

(iv) "Euthanasia" or "euthanizing" means theact or practice of providing a humane death for animals through the use ofeuthanizing drugs;

 

(v) "Euthanizing drugs" means any pentobarbital-baseddrug labeled by the manufacturer for the purpose of euthanizing animals, withthe exception of Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;

 

(vi) "This act" means W.S. 33-30-216 through33-30-222.

 

33-30-217. Animal euthanasia technician certification board created;composition; terms of office.

 

(a) There is created the animal euthanasia techniciancertification board. The board shall consist of five (5) members appointed bythe governor. Initial board members shall be appointed upon the recommendationof the Wyoming state board of veterinary medicine. Thereafter, the animaleuthanasia technician certification board shall make recommendations to thegovernor after receiving the recommendation of the Wyoming state board ofveterinary medicine.

 

(b) The initial membership of the board shall include at leastone (1) licensed veterinarian, one (1) actively employed animal controlofficer, one (1) law enforcement official whose duties include supervision ofanimal control and one (1) citizen from the public at large. Thereafter,members of the board shall be certified euthanasia technicians, veterinarianslicensed in this state or certified peace officers.

 

(c) Members of the board shall serve terms of three (3) years. The initial board shall have staggered terms of one (1) member for one (1)year, two (2) members for two (2) years and two (2) members for three (3)years.

 

33-30-218. Duties and powers of board.

 

(a) The board shall:

 

(i) Grant, suspend or revoke the certification of any animaleuthanasia technician. The board shall examine the credentials of applicantsfor certification and current certificate holders and may grant, suspend orrevoke certification on the basis of the credentials or upon other cause asspecified by the rules of the board. In addition, the board may require oralinterviews and practical demonstrations;

 

(ii) Examine and approve available animal euthanasia trainingand testing programs for use by applicants for certification. In the absenceof available animal euthanasia training and testing programs, the board shalldevelop a program for use by animal euthanasia technicians in this state. Aprogram approved or developed pursuant to this paragraph shall include:

 

(A) Methods of humanely euthanizing injured, sick, homeless orunwanted animals;

 

(B) Security precautions;

 

(C) Record keeping; and

 

(D) Other skills as determined necessary by the board.

 

(iii) Promulgate rules and regulations in accordance with theWyoming Administrative Procedure Act necessary for the implementation of thisact, including the establishment of fees provided for by this act and rulesrelating to professional conduct which establish ethical and professionalstandards of practice;

 

(iv) Conduct investigations and hearings pursuant to the WyomingAdministrative Procedure Act.

 

33-30-219. Certified animal euthanasia technicians; eligibility;surrender or revocation of certificate; fees; other requirements.

 

(a) Any person applying for a certification as an animaleuthanasia technician shall be employed or sponsored by a law enforcementagency. An applicant shall make a written application to the board which shallinclude:

 

(i) A fee in the amount established pursuant to W.S. 33-1-201;

 

(ii) Proof that the applicant:

 

(A) Is a citizen of the United States or is lawfully admittedto remain and work in the United States;

 

(B) Is employed or sponsored by a law enforcement agency;

 

(C) Has not been convicted of a felony or any criminalviolation relating to cruelty to animals or animal neglect; and

 

(D) Has completed an animal euthanasia training and testingprogram approved or developed by the board.

 

(iii) Proof that the employing sponsoring agency has obtained anyrequired federal permits;

 

(iv) A criminal history background check required pursuant toW.S. 7-19-106(a)(x);

 

(v) Any other information required by the board.

 

(b) A certification issued pursuant to this section shall befor a two (2) year period unless surrendered by the certified animal euthanasiatechnician or revoked or suspended by the board for cause. The certified animaleuthanasia technician shall renew the certificate every two (2) years.Application for renewal shall be accompanied by:

 

(i) A fee in the amount established pursuant to W.S. 33-1-201;

 

(ii) Proof of current employment or sponsorship by a lawenforcement agency; and

 

(iii) Proof of a minimum of eight (8) hours of board approvedtraining during the previous two (2) year period.

 

(c) The fees received under subsection (a) or (b) of thissection shall be deposited with the state treasurer who shall credit the moneyto a separate account. All monies credited to the account shall be expendedonly upon appropriation by the legislature to defray costs and expensesincurred in the administration of this act.

 

(d) In addition to other requirements of this act, a certifiedanimal euthanasia technician shall register with the Wyoming board of pharmacyto purchase, possess and administer euthanizing drugs. Certified animaleuthanasia technicians registered as provided in this section shall be allowedto purchase, possess and administer animal tranquilizers. Animal tranquilizersshall only be administered to animals.

 

(e) If at any time there is a change in employment orsponsorship of a certified animal euthanasia technician by a law enforcementagency, the law enforcement agency shall immediately notify the board of thechange. The board shall adopt rules relating to changes in employment orsponsorship by law enforcement agencies for the purposes of this act. For thepurposes of this subsection, "change" or "changes" includestransfer to another division or part of the law enforcement agency as well asfiring, termination or other release of employment or sponsorship by the lawenforcement agency.

 

33-30-220. Compensation of board members.

 

Board members shall receive no compensation for theirservices but shall receive per diem and travel expenses in the manner andamount provided for state employees by W.S. 9-3-102 and 9-3-103.

 

33-30-221. Prohibited acts; penalties.

 

Any person employed or sponsored by a law enforcementagency who euthanizes an animal by injection of euthanizing drugs as defined inthis act without being certified according to the provisions of this act isguilty of a misdemeanor punishable by a fine of not more that seven hundredfifty dollars ($750.00), imprisonment for not more than six (6) months, orboth.

 

33-30-222. Animal euthanasia technician certification; limitations.

 

Nothingin this act shall apply to veterinarians licensed pursuant to W.S. 33-30-101 etseq. or to any wildlife or predator control officer in the performance of theirduties.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter30

CHAPTER 30 - VETERINARIANS

 

ARTICLE 1 - IN GENERAL

 

33-30-101. Filing of forged or fictitious diploma.

 

Anyperson, filing, or attempting to file, as his own, the diploma of another, or aforged or fictitious diploma, or a fraudulently obtained diploma, certificate,license, or affidavit, upon conviction thereof shall be subject to the penaltyprovided by the statutes of the state of Wyoming for the crime of forgery.

 

33-30-102. Veterinary officers to be licensed.

 

Noperson shall hereafter in this state or in any county or city thereof beappointed or elected to any public position requiring veterinary skill orknowledge, who has not, prior to his appointment or election become a dulylicensed veterinarian.

 

ARTICLE 2 - MEDICAL PRACTICE

 

33-30-201. Citation and purpose of article.

 

 

(a) This act shall be known as the Wyoming Veterinary MedicalPractice Act.

 

(b) It is hereby declared that the practice of veterinarymedicine is a privilege which is granted by legislative authority in theinterest of the public health, safety and welfare, and to assure the public ofthe highest competency and professional standards by persons licensed topractice veterinary medicine.

 

33-30-202. Definitions.

 

 

(a) When used in this act, these words and phrases, unless thecontext otherwise indicates, shall be defined as follows:

 

(i) "Animal" is any animal other than man andincludes fowl, birds, fish and reptiles, wild or domestic, living or dead;

 

(ii) "Veterinary medicine" is that discipline ofmedicine, system, science and art devoted to preventing or alleviating illness,pain, disease and deformity of animals by diagnosing, treating, prescribing oroperating, and to preventing the spread to human beings of those diseasescapable of being contracted by human beings from animals, utilizing means andmethods which are taught and practiced in accredited colleges of veterinarymedicine. Veterinary dentistry, cosmetic surgery and physiological examinationof animals shall be considered a part of veterinary medicine;

 

(iii) "Practice of veterinary medicine" shall include,but not be limited to, the practice:

 

(A) To diagnose, prognose, treat, correct, change, relieve, orprevent disease, pain, deformity, defect, injury, or other physical or mentalconditions of any animal for a fee or other compensation; including theprescription or administration of any drug, medicine, biologic, apparatus,application, anesthetic, or other therapeutic or diagnostic substance ortechnique;

 

(B) To physiologically examine or to correct sterility orinfertility, or to render advice or recommendation with regard to any of theabove for any animal for a fee or other compensation;

 

(C) To represent, directly or indirectly, publicly orprivately, an ability and willingness to do any act described in paragraphs (A)and (B);

 

(D) To use any titles, words, abbreviations, or letters in amanner or under circumstances which induce the belief that the person usingthem is qualified to do any act described in subparagraphs (A) and (B) of thisparagraph except where such person is a veterinarian.

 

(iv) "Veterinarian" means a person who has received adoctor's degree in veterinary medicine from an accredited college of veterinarymedicine;

 

(v) "Licensed veterinarian" means a person who isvalidly and currently licensed to practice veterinary medicine in this state.For the purpose of this act such licensed veterinarian is also considered to bea practicing veterinarian;

 

(vi) "College of veterinary medicine" means anyveterinary college or school or division of a university or college that offersthe degree, doctor of veterinary medicine or its equivalent, and that conformsto the standards required for accreditation by the American Veterinary MedicalAssociation;

 

(vii) "Person" means any individual, firm, partnership,association, joint venture, cooperative and corporation, or any other group orcombination acting in concert; and whether or not acting as a principal,trustee, fiduciary, receiver, or as any other kind of legal or personalrepresentative, or as the successor in interest, assignee, agent, factor,servant, employee, director, officer, or any other representative of suchperson;

 

(viii) "Board" means the Wyoming board of veterinarymedicine.

 

33-30-203. License required; exceptions.

 

(a) No person may practice veterinary medicine in the state whois not a licensed veterinarian or the holder of a valid temporary permit issuedby the board. This act shall not be construed to prohibit:

 

(i) An employed veterinarian of the federal, state, or localgovernment from performing his official duties; provided, however, thisexemption shall not apply to such person when he is not engaged in carrying outhis official duties;

 

(ii) A person who is a regular student in a college ofveterinary medicine from performing duties or action assigned by hisinstructors, or from working under the responsible supervision of a licensedveterinarian during a school vacation period;

 

(iii) A veterinarian regularly licensed in another state fromconsulting with a licensed veterinarian in this state;

 

(iv) Any merchant or manufacturer from selling at his regularplace of business medicines, feed, appliances, or other products used in theprevention or treatment of animal diseases;

 

(v) The owner of an animal, the owner's employees or anylivestock operator and such operator's employees with whom the owner exchangeswork and assistance in connection with animals, from caring for and treatingany animal belonging to such owner, in any manner desired by said owner;

 

(vi) A member of the faculty of an accredited college ofveterinary medicine or a recognized division of veterinary science fromperforming his regular functions at such college or division by lecturing, orfrom giving instructions or demonstrations at such college or division or inconnection with a continuing education course or seminar;

 

(vii) Any person from engaging in bona fide scientific researchwhich requires experimentation involving animals; providing that procurementand care of such experimental animals shall conform to accepted methods andexisting law;

 

(viii) Any person approved by the board from performing artificialinsemination of animals as provided by W.S. 33-30-204(m)(iii);

 

(ix) Any veterinary aide, nurse, laboratory technician, intern,or other employee of a licensed veterinarian from administering medication orrendering auxiliary or supporting assistance under the responsible supervisionof such practicing veterinarian;

 

(x) Persons from gratuitously giving aid, assistance or reliefin emergency or accident cases if they do not represent themselves to beveterinarians or use any title or degree appertaining to the practice thereof;

 

(xi) Any person approved by the board from performing embryotransplants upon animals as provided by W.S. 33-30-204(m)(xiii).

 

33-30-204. Board of veterinary medicine.

 

(a) A Wyoming board of veterinary medicine shall be appointedby the governor, by and with the consent of the senate, and shall consist offive (5) members who shall hold office for a term of six (6) years. Four (4)members shall be licensed veterinarians, one (1) member shall be a consumer ofveterinary services. Members of the state board of veterinary examinerspreviously appointed under this act shall continue as members of the boarduntil the expiration of the term for which they were appointed. Initialappointments to the board may be for less than six (6) years so that the termsof not more than two (2) members shall expire in any one (1) biennium. Wheneverthe occasion arises for an appointment of a licensed veterinarian under thissection the Wyoming Veterinary Medical Association shall nominate three (3) ormore qualified persons and forward the nominations to the governor at leastthirty (30) days prior to the convening date of the senate. Vacancies due todeath, resignation or removal shall be filled by appointment by the governor inaccordance with W.S. 28-12-101 upon nominations being made as otherwiseprovided in this section for appointment. No person shall serve two (2)consecutive six (6) year terms, but a person appointed for a term of fewer thansix (6) years, or to fill a vacancy, may succeed himself. Effective July 1,1979, appointments and terms shall be made in accordance with W.S. 28-12-101through 28-12-103.

 

(b) Any member of the board who is required to be a licensedveterinarian shall be qualified to serve as a member of the board if he is agraduate of a college of veterinary medicine, a resident of this state, and hasbeen licensed to practice veterinary medicine in this state for the five (5)years immediately preceding the time of his appointment. No person may serve onthe board who is, or was during the two (2) years immediately preceding hisappointment, a member of the faculty, trustees or advisory board of a collegeof veterinary medicine.

 

(c) The governor may remove any board member from office asprovided in W.S. 9-1-202.

 

(d) Immediately and before entering upon the duties of saidoffice, the members of the board shall take the constitutional oath of officeand shall file the same in the office of the secretary of state; and thereshall thereupon be issued to said members certificates of their appointments.

 

(e) Each member of the board shall be paid twenty-five dollars($25.00) for each day or substantial portion thereof that he is engaged in thework of the board, in addition to such reimbursement for travel and per diemallowance as is normally allowed to state employees.

 

(f) The board shall meet at least once each year at the timeand place fixed by rule of the board. Other necessary meetings may be called bythe president of the board by giving notice as may be required by rule. Exceptas otherwise provided, a majority of the board, including one (1) officer,constitutes a quorum. Meetings shall be open and public except that the boardmay meet in closed session to prepare, approve, administer or gradeexaminations, or to deliberate the qualification of an applicant for license,or the disposition of a proceeding to discipline a licensed veterinarian. Theboard shall adopt a seal which shall be affixed to all licenses issued by theboard and to other papers requiring the same.

 

(g) At the annual meeting the board shall organize by electingfrom its membership a president and vice-president and such other officers asmay be prescribed by rules. Officers of the board shall serve for terms of one(1) year and until successors are elected, without limitation on the number ofterms an officer may serve. The president shall serve as chairman at the boardmeetings, except that in his absence the vice-president shall serve aschairman. The state veterinarian shall be ex officio member of the board andserve as secretary-treasurer of the board and shall receiveno compensation for any duties imposed upon him by the board, except that he isentitled to the normal travel expenses allowed to state employees.

 

(h) The duties of the secretary-treasurer shall include but notbe limited to carrying on the correspondence of the board, keeping permanentaccounts and records of all receipts and disbursements by the board and minutesof all board proceedings, including the disposition of all applications forlicenses, and keeping a register of all persons currently licensed by theboard. The secretary-treasurer shall, as required by W.S. 9-2-1014, report tothe governor and the Wyoming Veterinary Medical Association as to thetransactions of the board. In all court actions or proceedings pertaining tothis act, a transcript of any record or any part thereof, which is certified tobe a true copy by the secretary-treasurer, shall be entitled to admission inevidence.

 

(j) All board records shall be open to public inspection duringregular office hours of the secretary-treasurer; except, information receivedby the board through inspection and investigations involving the question oflicensure shall be confidential and shall not be disclosed except as may bejudicially required.

 

(k) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account. Allexpenses of the board and all expenses incurred in connection with theadministration of this act shall be paid from the account by requisition signedby the secretary-treasurer of the board in a manner provided by law for paymentof other state expenses. The account shall be a continuing account and shallnot be subject to reversion to the state's general fund.

 

(m) The board is empowered to:

 

(i) Examine and determine the qualifications and fitness ofapplicants for a license to practice veterinary medicine in the state;

 

(ii) Issue, renew, deny, suspend, or revoke licenses andtemporary permits to practice veterinary medicine in the state or otherwisediscipline licensed veterinarians consistent with the provisions of the act andthe rules and regulations adopted thereunder, provided that any denial,suspension or revocation of a license shall be preceded by notice and anopportunity for a hearing;

 

(iii) Regulate artificial insemination of animals by establishingstandards of practice by consultation with approved schools of artificialinsemination and issue permits to persons found qualified by the board;

 

(iv) Establish and publish annually a schedule of fees forlicensing and registration of veterinarians and the issuance of permits;

 

(v) Conduct investigations for the purpose of discoveringviolations of this act;

 

(vi) Hold hearings on all matters properly brought before theboard;

 

(vii) Employ full-time or part-time professional, clerical orspecial personnel necessary to effectuate the provisions of this act andpurchase or rent necessary office space, equipment and supplies;

 

(viii) Employ personnel and incur expenses as may be necessary forthe promotion of education and standards of veterinary medicine throughinstitutes, conferences, educational programs or any other means as may resultin improved services;

 

(ix) Accept any federal, state, county, city or private funds,grants or appropriations which shall be used to award scholarships, fellowshipsor assistantships to qualified persons to study veterinary medicine in anapproved school. The funds shall be deposited in the state treasury andcredited to a separate account. The funds shall be paid out upon request of theboard as provided by law. The above mentioned awards shall be granted underrules adopted by the board;

 

(x) Appoint from its own membership one (1) or more members toact as representatives of the board at any meeting within or without the statewhere such representation is deemed desirable;

 

(xi) Bring proceedings in the courts for the enforcement of thisact or any regulations made pursuant thereto;

 

(xii) Adopt, amend, or repeal all rules necessary for itsgovernment and all regulations necessary to carry into effect the provision ofthis act including the establishment and publication of standards ofprofessional conduct for the practice of veterinary medicine;

 

(xiii) Regulate the transplanting of embryos in animals byestablishing standards of practice and issue permits to persons found qualifiedby the board;

 

(xiv) Make recommendations regarding members of the animaleuthanasia technicians certification board to the governor pursuant to W.S.33-30-217(a).

 

(n) The powers enumerated are granted for the purpose ofenabling the board to supervise effectively the practice of veterinary medicineand are to be construed liberally to accomplish this objective. In the exerciseof its powers, the board shall be governed by the provisions of the WyomingAdministrative Procedure Act.

 

33-30-205. Veterinarians presently licensed.

 

Anyperson holding a valid license to practice veterinary medicine in this state onthe date when this act becomes effective shall be recognized as a licensedveterinarian and shall be entitled to retain this status so long as he complieswith the provisions of this act, including annual renewal of license.

 

33-30-206. Application for license; fee; determination ofqualifications.

 

 

(a) Any person desiring a license to practice veterinarymedicine in this state shall make written application to the board. Theapplication shall show that the applicant is an adult, subscribes to and willuphold the principles incorporated in the constitution of the United States, agraduate of a college of veterinary medicine, a person of good moral character,physical and mental health, and shall provide such other information and proofas the board may require by rule. The application shall be accompanied by a feein the amount established and published by the board.

 

(b) If the board determines that the applicant possesses theproper qualifications, it shall admit the applicant to the next examination, orif the applicant is eligible for a license without examination under W.S.33-30-208, the board may forthwith grant him a license. If an applicant isfound not qualified to take the examination or does not qualify for a licensewithout examination, the secretary-treasurer of the board shall immediatelynotify the applicant in writing of such finding and the grounds therefor. Alicensee whose license is revoked or an applicant found unqualified shall beafforded an opportunity for a hearing to be conducted in accordance with theWyoming Administrative Procedure Act. Any applicant who is found not qualifiedshall be allowed the return of his application fee.

 

33-30-207. Examinations generally.

 

 

(a) The board shall hold at least one (1) examination ofapplicants for license to practice veterinary medicine during each year and mayhold such additional examinations as are necessary.

 

(b) The preparation, administration, and grading ofexaminations shall be governed by rules prescribed by the board. Examinationsshall be designed to test the examinee's knowledge of and proficiency in the subjectsand techniques commonly taught in colleges of veterinary medicine. To pass theexamination, the examinee must demonstrate scientific and practical knowledgeof the highest competency to prove himself qualified to practice veterinarymedicine in the judgment of the board. All examinees shall be tested by awritten examination, supplemented by such oral interviews and practicaldemonstrations as the board may deem necessary. The board may adopt and use theexamination prepared by the national board of veterinary examiners.

 

(c) After each examination the secretary-treasurer shall notifyeach examinee of the result of his examination, and the board shall issuelicenses to the persons successfully completing the examination. Thesecretary-treasurer shall record the new licenses and issue certificates ofregistration to the new licensees. Any person failing an examination shall beadmitted to any subsequent examination on payment of the application fee.

 

(d) Each licensee shall be entitled to exercise all the rightsand privileges of a doctor of veterinary medicine; provided, however, anyperson practicing veterinary medicine shall be governed by the laws of thisstate and the rules adopted by the board.

 

33-30-208. When examination not required.

 

 

(a) The board may, but is not required to, issue a licensewithout a written examination to a qualified applicant who:

 

(i) Has for the five (5) years next prior to filing hisapplication been a practicing veterinarian licensed in a state, territory, ordistrict of the United States having license requirements at the time theapplicant was first licensed which were substantially equivalent to therequirements of this act, and who has the recommendation for Wyoming licensureby the examining board of his state of residence;

 

(ii) Has within the three (3) years next prior to filing hisapplication successfully completed the examination conducted by the nationalboard of veterinary examiners.

 

(b) At its discretion, the board may orally or practicallyexamine any person qualifying for licensing under this section.

 

33-30-209. Temporary permits.

 

 

(a) The board may issue without examination a temporary permitto practice veterinary medicine in this state to a qualified applicant forlicense pending examination, provided that such temporary permit shall expirethe day after the notice of results of the first examination given after thepermit is issued.

 

(b) A temporary permit may be summarily revoked by majorityvote of the board without a hearing.

 

(c) The board is under no obligation to issue a secondtemporary permit under this provision but may do so if circumstances warrantsuch issuance.

 

33-30-210. Display and exhibition of license; other licenses notrequired.

 

 

(a) Each person to whom a license is issued shall keep suchlicense conspicuously displayed in his office, place of business or place ofemployment, and shall, whenever required, exhibit said license to any member orauthorized representative of the board.

 

(b) No state, county, or city occupational license shall berequired to practice veterinary medicine when a veterinarian shall present tothe proper authority a valid current license issued by the board.

 

33-30-211. Expiration and renewal of licenses; fees; veterinarians onactive duty with armed services; duplicate licenses.

 

 

(a) All licenses shall expire annually on December 31 of eachyear and shall be renewed by registration with the board and payment of theregistration renewal fee established and published by the board. On December 1of each year, the secretary-treasurer shall mail a notice to each licensedveterinarian that his license will expire on December 31 and provide him with aform for reregistration. The secretary-treasurer shall issue annualcertificates of registration to all persons registering under this act.

 

(b) Any person who shall practice veterinary medicine after theexpiration of his license and wilfully or by neglect fail to renew such licenseshall be practicing in violation of this act; provided that, at the discretionof the board, any person not practicing in the state may renew an expiredlicense within five (5) years of the date of its expiration by making writtenapplication for renewal and paying the current renewal fee plus all delinquentrenewal fees. After five (5) years have elapsed since the date of theexpiration, a license may not be renewed, but the holder must make applicationfor a new license.

 

(c) The board may by rule waive the payment of the registrationrenewal fee of a licensed veterinarian during the period when he is on activeduty with any branch of the armed services of the United States, not to exceedthe longer of three (3) years or the duration of a national emergency.

 

(d) The board shall issue a duplicate license to replace onethat has been lost or otherwise rendered unusable upon payment of a fee set byrule of the board. Such duplicate license shall be so designated.

 

33-30-212. Denial, suspension and revocation of licenses.

 

(a) Upon written complaint sworn to by any person, the boardmay after a fair hearing and by a concurrence of all members, deny, revoke orsuspend for a certain time the license of, or reprimand, any applicant orlicensed veterinarian who upon proof to the satisfaction of the board:

 

(i) Has employed fraud, misrepresentation, or deception inobtaining a license;

 

(ii) Has been adjudicated insane;

 

(iii) Has habitually used drugs or intoxicants;

 

(iv) Has been convicted of a felony, involving moral turpitude,or has entered a plea of nolo contendere upon being charged with commission ofsuch a felony;

 

(v) Has been convicted of a violation of any federal or statelaw relating to narcotic drugs;

 

(vi) Has used advertising or solicitation deemed unprofessionalby the board;

 

(vii) Has been guilty of gross malpractice or gross neglect inthe practice of veterinary medicine which has endangered the health or life ofany person or animal;

 

(viii) Has had professional association with or employed anyperson practicing veterinary medicine unlawfully;

 

(ix) Has committed acts of fraud or dishonesty; especially inthe application or reporting of any test for disease in animals;

 

(x) Has failed to report, if required by law, or made falsereport of, any contagious or infectious disease;

 

(xi) Has been guilty of gross negligence in the inspection offoodstuffs or the issuance of health certificate, inspection certificate orvaccination certificate or other form used in the practice of veterinarymedicine contributing to the dissemination of animal disease, transportation ofdiseased animals, or the sale of products of animal origin not fit for humanconsumption;

 

(xii) Has had a license to practice veterinary medicine byanother state, territory, or district of the United States revoked or suspendedon grounds other than nonpayment of registration fee;

 

(xiii) Has been guilty of unprofessional conduct as defined inregulations adopted by the board;

 

(xiv) Has been guilty of willful or repeated violation of anyprovision of this act;

 

(xv) Has willfully failed to display a license to practiceveterinary medicine in the state of Wyoming;

 

(xvi) Has failed to keep the equipment and premises of thebusiness establishment in a clean and sanitary condition as established byrules of the board;

 

(xvii) Has refused to permit the board to inspect the businesspremises of the licensee during regular business hours;

 

(xviii) Has been convicted of a charge of cruelty to animals;

 

(xix) Has failed to answer to the board, when so requested in writing,in regard to information relating to any of the violations listed under thissection.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-30-213. Reinstatement of suspended or revoked licenses.

 

Anyperson whose license is suspended or revoked may, at the discretion of theboard, be relicensed or reinstated at any time without an examination bymajority vote of the board on written application made to the board showingcause justifying relicensing or reinstatement.

 

33-30-214. Penalty for violation; injunction.

 

 

(a) Any person who shall practice veterinary medicine without acurrently valid license or temporary permit shall be guilty of a misdemeanorand upon conviction for a first offense shall be fined not more than onehundred dollars ($100.00), or imprisoned for no more than ninety (90) days, orboth fined and imprisoned; provided that each act of such unlawful practiceshall constitute a distinct and separate offense.

 

(b) The board or any citizen of this state may bring an actionto enjoin any person from practicing veterinary medicine without a currently validlicense or temporary permit. If the court finds that the person is violating oris threatening to violate this act, it shall enter an injunction restraininghim from such unlawful acts.

 

33-30-215. Disposition of unclaimed animals in custody of veterinarians;notice to owner; liability of veterinarians; "abandoned animals".

 

 

(a) Any animal placed in the custody of a licensed veterinarianfor treatment, boarding, or other care, which shall be unclaimed by its owneror his agent for a period of more than ten (10) days after written notice isgiven to the owner or his agent at his last known address, shall be deemed tobe abandoned and may be turned over to the custody of the nearest humanesociety or dog pound in the area for the disposal as such custodian may deemproper.

 

(b) The giving of notice to the owner, or the agent of theowner, of such animal by the licensed veterinarian, as provided in theforegoing paragraph, shall relieve the licensed veterinarian and any custodianto whom such animal may be given of any further liability for disposal; it isfurther provided that such procedure by the licensed veterinarian shall notconstitute grounds for disciplinary procedure under this act.

 

(c) For the purpose of this act the term "abandoned"shall mean to forsake entirely, or to neglect or refuse to provide or performthe legal obligations for care and support of an animal by its owner, or hisagent; such abandonment shall constitute the relinquishment of all rights andclaim by the owner to such animal.

 

33-30-216. Definitions.

 

(a) As used in this act:

 

(i) "Animal tranquilizer" means any prescription druglabeled for veterinary use by the manufacturer for the purpose of immobilizingor sedating an animal to allow capture or handling and which is not acontrolled substance under the Wyoming Controlled Substances Act;

 

(ii) "Board" means the Wyoming animal euthanasiatechnician certification board;

 

(iii) "Certified animal euthanasia technician" means aperson who is employed or sponsored by a law enforcement agency whose dutiesinclude euthanizing unwanted, sick, injured or dangerous animals;

 

(iv) "Euthanasia" or "euthanizing" means theact or practice of providing a humane death for animals through the use ofeuthanizing drugs;

 

(v) "Euthanizing drugs" means any pentobarbital-baseddrug labeled by the manufacturer for the purpose of euthanizing animals, withthe exception of Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;

 

(vi) "This act" means W.S. 33-30-216 through33-30-222.

 

33-30-217. Animal euthanasia technician certification board created;composition; terms of office.

 

(a) There is created the animal euthanasia techniciancertification board. The board shall consist of five (5) members appointed bythe governor. Initial board members shall be appointed upon the recommendationof the Wyoming state board of veterinary medicine. Thereafter, the animaleuthanasia technician certification board shall make recommendations to thegovernor after receiving the recommendation of the Wyoming state board ofveterinary medicine.

 

(b) The initial membership of the board shall include at leastone (1) licensed veterinarian, one (1) actively employed animal controlofficer, one (1) law enforcement official whose duties include supervision ofanimal control and one (1) citizen from the public at large. Thereafter,members of the board shall be certified euthanasia technicians, veterinarianslicensed in this state or certified peace officers.

 

(c) Members of the board shall serve terms of three (3) years. The initial board shall have staggered terms of one (1) member for one (1)year, two (2) members for two (2) years and two (2) members for three (3)years.

 

33-30-218. Duties and powers of board.

 

(a) The board shall:

 

(i) Grant, suspend or revoke the certification of any animaleuthanasia technician. The board shall examine the credentials of applicantsfor certification and current certificate holders and may grant, suspend orrevoke certification on the basis of the credentials or upon other cause asspecified by the rules of the board. In addition, the board may require oralinterviews and practical demonstrations;

 

(ii) Examine and approve available animal euthanasia trainingand testing programs for use by applicants for certification. In the absenceof available animal euthanasia training and testing programs, the board shalldevelop a program for use by animal euthanasia technicians in this state. Aprogram approved or developed pursuant to this paragraph shall include:

 

(A) Methods of humanely euthanizing injured, sick, homeless orunwanted animals;

 

(B) Security precautions;

 

(C) Record keeping; and

 

(D) Other skills as determined necessary by the board.

 

(iii) Promulgate rules and regulations in accordance with theWyoming Administrative Procedure Act necessary for the implementation of thisact, including the establishment of fees provided for by this act and rulesrelating to professional conduct which establish ethical and professionalstandards of practice;

 

(iv) Conduct investigations and hearings pursuant to the WyomingAdministrative Procedure Act.

 

33-30-219. Certified animal euthanasia technicians; eligibility;surrender or revocation of certificate; fees; other requirements.

 

(a) Any person applying for a certification as an animaleuthanasia technician shall be employed or sponsored by a law enforcementagency. An applicant shall make a written application to the board which shallinclude:

 

(i) A fee in the amount established pursuant to W.S. 33-1-201;

 

(ii) Proof that the applicant:

 

(A) Is a citizen of the United States or is lawfully admittedto remain and work in the United States;

 

(B) Is employed or sponsored by a law enforcement agency;

 

(C) Has not been convicted of a felony or any criminalviolation relating to cruelty to animals or animal neglect; and

 

(D) Has completed an animal euthanasia training and testingprogram approved or developed by the board.

 

(iii) Proof that the employing sponsoring agency has obtained anyrequired federal permits;

 

(iv) A criminal history background check required pursuant toW.S. 7-19-106(a)(x);

 

(v) Any other information required by the board.

 

(b) A certification issued pursuant to this section shall befor a two (2) year period unless surrendered by the certified animal euthanasiatechnician or revoked or suspended by the board for cause. The certified animaleuthanasia technician shall renew the certificate every two (2) years.Application for renewal shall be accompanied by:

 

(i) A fee in the amount established pursuant to W.S. 33-1-201;

 

(ii) Proof of current employment or sponsorship by a lawenforcement agency; and

 

(iii) Proof of a minimum of eight (8) hours of board approvedtraining during the previous two (2) year period.

 

(c) The fees received under subsection (a) or (b) of thissection shall be deposited with the state treasurer who shall credit the moneyto a separate account. All monies credited to the account shall be expendedonly upon appropriation by the legislature to defray costs and expensesincurred in the administration of this act.

 

(d) In addition to other requirements of this act, a certifiedanimal euthanasia technician shall register with the Wyoming board of pharmacyto purchase, possess and administer euthanizing drugs. Certified animaleuthanasia technicians registered as provided in this section shall be allowedto purchase, possess and administer animal tranquilizers. Animal tranquilizersshall only be administered to animals.

 

(e) If at any time there is a change in employment orsponsorship of a certified animal euthanasia technician by a law enforcementagency, the law enforcement agency shall immediately notify the board of thechange. The board shall adopt rules relating to changes in employment orsponsorship by law enforcement agencies for the purposes of this act. For thepurposes of this subsection, "change" or "changes" includestransfer to another division or part of the law enforcement agency as well asfiring, termination or other release of employment or sponsorship by the lawenforcement agency.

 

33-30-220. Compensation of board members.

 

Board members shall receive no compensation for theirservices but shall receive per diem and travel expenses in the manner andamount provided for state employees by W.S. 9-3-102 and 9-3-103.

 

33-30-221. Prohibited acts; penalties.

 

Any person employed or sponsored by a law enforcementagency who euthanizes an animal by injection of euthanizing drugs as defined inthis act without being certified according to the provisions of this act isguilty of a misdemeanor punishable by a fine of not more that seven hundredfifty dollars ($750.00), imprisonment for not more than six (6) months, orboth.

 

33-30-222. Animal euthanasia technician certification; limitations.

 

Nothingin this act shall apply to veterinarians licensed pursuant to W.S. 33-30-101 etseq. or to any wildlife or predator control officer in the performance of theirduties.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter30

CHAPTER 30 - VETERINARIANS

 

ARTICLE 1 - IN GENERAL

 

33-30-101. Filing of forged or fictitious diploma.

 

Anyperson, filing, or attempting to file, as his own, the diploma of another, or aforged or fictitious diploma, or a fraudulently obtained diploma, certificate,license, or affidavit, upon conviction thereof shall be subject to the penaltyprovided by the statutes of the state of Wyoming for the crime of forgery.

 

33-30-102. Veterinary officers to be licensed.

 

Noperson shall hereafter in this state or in any county or city thereof beappointed or elected to any public position requiring veterinary skill orknowledge, who has not, prior to his appointment or election become a dulylicensed veterinarian.

 

ARTICLE 2 - MEDICAL PRACTICE

 

33-30-201. Citation and purpose of article.

 

 

(a) This act shall be known as the Wyoming Veterinary MedicalPractice Act.

 

(b) It is hereby declared that the practice of veterinarymedicine is a privilege which is granted by legislative authority in theinterest of the public health, safety and welfare, and to assure the public ofthe highest competency and professional standards by persons licensed topractice veterinary medicine.

 

33-30-202. Definitions.

 

 

(a) When used in this act, these words and phrases, unless thecontext otherwise indicates, shall be defined as follows:

 

(i) "Animal" is any animal other than man andincludes fowl, birds, fish and reptiles, wild or domestic, living or dead;

 

(ii) "Veterinary medicine" is that discipline ofmedicine, system, science and art devoted to preventing or alleviating illness,pain, disease and deformity of animals by diagnosing, treating, prescribing oroperating, and to preventing the spread to human beings of those diseasescapable of being contracted by human beings from animals, utilizing means andmethods which are taught and practiced in accredited colleges of veterinarymedicine. Veterinary dentistry, cosmetic surgery and physiological examinationof animals shall be considered a part of veterinary medicine;

 

(iii) "Practice of veterinary medicine" shall include,but not be limited to, the practice:

 

(A) To diagnose, prognose, treat, correct, change, relieve, orprevent disease, pain, deformity, defect, injury, or other physical or mentalconditions of any animal for a fee or other compensation; including theprescription or administration of any drug, medicine, biologic, apparatus,application, anesthetic, or other therapeutic or diagnostic substance ortechnique;

 

(B) To physiologically examine or to correct sterility orinfertility, or to render advice or recommendation with regard to any of theabove for any animal for a fee or other compensation;

 

(C) To represent, directly or indirectly, publicly orprivately, an ability and willingness to do any act described in paragraphs (A)and (B);

 

(D) To use any titles, words, abbreviations, or letters in amanner or under circumstances which induce the belief that the person usingthem is qualified to do any act described in subparagraphs (A) and (B) of thisparagraph except where such person is a veterinarian.

 

(iv) "Veterinarian" means a person who has received adoctor's degree in veterinary medicine from an accredited college of veterinarymedicine;

 

(v) "Licensed veterinarian" means a person who isvalidly and currently licensed to practice veterinary medicine in this state.For the purpose of this act such licensed veterinarian is also considered to bea practicing veterinarian;

 

(vi) "College of veterinary medicine" means anyveterinary college or school or division of a university or college that offersthe degree, doctor of veterinary medicine or its equivalent, and that conformsto the standards required for accreditation by the American Veterinary MedicalAssociation;

 

(vii) "Person" means any individual, firm, partnership,association, joint venture, cooperative and corporation, or any other group orcombination acting in concert; and whether or not acting as a principal,trustee, fiduciary, receiver, or as any other kind of legal or personalrepresentative, or as the successor in interest, assignee, agent, factor,servant, employee, director, officer, or any other representative of suchperson;

 

(viii) "Board" means the Wyoming board of veterinarymedicine.

 

33-30-203. License required; exceptions.

 

(a) No person may practice veterinary medicine in the state whois not a licensed veterinarian or the holder of a valid temporary permit issuedby the board. This act shall not be construed to prohibit:

 

(i) An employed veterinarian of the federal, state, or localgovernment from performing his official duties; provided, however, thisexemption shall not apply to such person when he is not engaged in carrying outhis official duties;

 

(ii) A person who is a regular student in a college ofveterinary medicine from performing duties or action assigned by hisinstructors, or from working under the responsible supervision of a licensedveterinarian during a school vacation period;

 

(iii) A veterinarian regularly licensed in another state fromconsulting with a licensed veterinarian in this state;

 

(iv) Any merchant or manufacturer from selling at his regularplace of business medicines, feed, appliances, or other products used in theprevention or treatment of animal diseases;

 

(v) The owner of an animal, the owner's employees or anylivestock operator and such operator's employees with whom the owner exchangeswork and assistance in connection with animals, from caring for and treatingany animal belonging to such owner, in any manner desired by said owner;

 

(vi) A member of the faculty of an accredited college ofveterinary medicine or a recognized division of veterinary science fromperforming his regular functions at such college or division by lecturing, orfrom giving instructions or demonstrations at such college or division or inconnection with a continuing education course or seminar;

 

(vii) Any person from engaging in bona fide scientific researchwhich requires experimentation involving animals; providing that procurementand care of such experimental animals shall conform to accepted methods andexisting law;

 

(viii) Any person approved by the board from performing artificialinsemination of animals as provided by W.S. 33-30-204(m)(iii);

 

(ix) Any veterinary aide, nurse, laboratory technician, intern,or other employee of a licensed veterinarian from administering medication orrendering auxiliary or supporting assistance under the responsible supervisionof such practicing veterinarian;

 

(x) Persons from gratuitously giving aid, assistance or reliefin emergency or accident cases if they do not represent themselves to beveterinarians or use any title or degree appertaining to the practice thereof;

 

(xi) Any person approved by the board from performing embryotransplants upon animals as provided by W.S. 33-30-204(m)(xiii).

 

33-30-204. Board of veterinary medicine.

 

(a) A Wyoming board of veterinary medicine shall be appointedby the governor, by and with the consent of the senate, and shall consist offive (5) members who shall hold office for a term of six (6) years. Four (4)members shall be licensed veterinarians, one (1) member shall be a consumer ofveterinary services. Members of the state board of veterinary examinerspreviously appointed under this act shall continue as members of the boarduntil the expiration of the term for which they were appointed. Initialappointments to the board may be for less than six (6) years so that the termsof not more than two (2) members shall expire in any one (1) biennium. Wheneverthe occasion arises for an appointment of a licensed veterinarian under thissection the Wyoming Veterinary Medical Association shall nominate three (3) ormore qualified persons and forward the nominations to the governor at leastthirty (30) days prior to the convening date of the senate. Vacancies due todeath, resignation or removal shall be filled by appointment by the governor inaccordance with W.S. 28-12-101 upon nominations being made as otherwiseprovided in this section for appointment. No person shall serve two (2)consecutive six (6) year terms, but a person appointed for a term of fewer thansix (6) years, or to fill a vacancy, may succeed himself. Effective July 1,1979, appointments and terms shall be made in accordance with W.S. 28-12-101through 28-12-103.

 

(b) Any member of the board who is required to be a licensedveterinarian shall be qualified to serve as a member of the board if he is agraduate of a college of veterinary medicine, a resident of this state, and hasbeen licensed to practice veterinary medicine in this state for the five (5)years immediately preceding the time of his appointment. No person may serve onthe board who is, or was during the two (2) years immediately preceding hisappointment, a member of the faculty, trustees or advisory board of a collegeof veterinary medicine.

 

(c) The governor may remove any board member from office asprovided in W.S. 9-1-202.

 

(d) Immediately and before entering upon the duties of saidoffice, the members of the board shall take the constitutional oath of officeand shall file the same in the office of the secretary of state; and thereshall thereupon be issued to said members certificates of their appointments.

 

(e) Each member of the board shall be paid twenty-five dollars($25.00) for each day or substantial portion thereof that he is engaged in thework of the board, in addition to such reimbursement for travel and per diemallowance as is normally allowed to state employees.

 

(f) The board shall meet at least once each year at the timeand place fixed by rule of the board. Other necessary meetings may be called bythe president of the board by giving notice as may be required by rule. Exceptas otherwise provided, a majority of the board, including one (1) officer,constitutes a quorum. Meetings shall be open and public except that the boardmay meet in closed session to prepare, approve, administer or gradeexaminations, or to deliberate the qualification of an applicant for license,or the disposition of a proceeding to discipline a licensed veterinarian. Theboard shall adopt a seal which shall be affixed to all licenses issued by theboard and to other papers requiring the same.

 

(g) At the annual meeting the board shall organize by electingfrom its membership a president and vice-president and such other officers asmay be prescribed by rules. Officers of the board shall serve for terms of one(1) year and until successors are elected, without limitation on the number ofterms an officer may serve. The president shall serve as chairman at the boardmeetings, except that in his absence the vice-president shall serve aschairman. The state veterinarian shall be ex officio member of the board andserve as secretary-treasurer of the board and shall receiveno compensation for any duties imposed upon him by the board, except that he isentitled to the normal travel expenses allowed to state employees.

 

(h) The duties of the secretary-treasurer shall include but notbe limited to carrying on the correspondence of the board, keeping permanentaccounts and records of all receipts and disbursements by the board and minutesof all board proceedings, including the disposition of all applications forlicenses, and keeping a register of all persons currently licensed by theboard. The secretary-treasurer shall, as required by W.S. 9-2-1014, report tothe governor and the Wyoming Veterinary Medical Association as to thetransactions of the board. In all court actions or proceedings pertaining tothis act, a transcript of any record or any part thereof, which is certified tobe a true copy by the secretary-treasurer, shall be entitled to admission inevidence.

 

(j) All board records shall be open to public inspection duringregular office hours of the secretary-treasurer; except, information receivedby the board through inspection and investigations involving the question oflicensure shall be confidential and shall not be disclosed except as may bejudicially required.

 

(k) All money shall be received and collected as provided bylaw. The state treasurer shall credit the money to a separate account. Allexpenses of the board and all expenses incurred in connection with theadministration of this act shall be paid from the account by requisition signedby the secretary-treasurer of the board in a manner provided by law for paymentof other state expenses. The account shall be a continuing account and shallnot be subject to reversion to the state's general fund.

 

(m) The board is empowered to:

 

(i) Examine and determine the qualifications and fitness ofapplicants for a license to practice veterinary medicine in the state;

 

(ii) Issue, renew, deny, suspend, or revoke licenses andtemporary permits to practice veterinary medicine in the state or otherwisediscipline licensed veterinarians consistent with the provisions of the act andthe rules and regulations adopted thereunder, provided that any denial,suspension or revocation of a license shall be preceded by notice and anopportunity for a hearing;

 

(iii) Regulate artificial insemination of animals by establishingstandards of practice by consultation with approved schools of artificialinsemination and issue permits to persons found qualified by the board;

 

(iv) Establish and publish annually a schedule of fees forlicensing and registration of veterinarians and the issuance of permits;

 

(v) Conduct investigations for the purpose of discoveringviolations of this act;

 

(vi) Hold hearings on all matters properly brought before theboard;

 

(vii) Employ full-time or part-time professional, clerical orspecial personnel necessary to effectuate the provisions of this act andpurchase or rent necessary office space, equipment and supplies;

 

(viii) Employ personnel and incur expenses as may be necessary forthe promotion of education and standards of veterinary medicine throughinstitutes, conferences, educational programs or any other means as may resultin improved services;

 

(ix) Accept any federal, state, county, city or private funds,grants or appropriations which shall be used to award scholarships, fellowshipsor assistantships to qualified persons to study veterinary medicine in anapproved school. The funds shall be deposited in the state treasury andcredited to a separate account. The funds shall be paid out upon request of theboard as provided by law. The above mentioned awards shall be granted underrules adopted by the board;

 

(x) Appoint from its own membership one (1) or more members toact as representatives of the board at any meeting within or without the statewhere such representation is deemed desirable;

 

(xi) Bring proceedings in the courts for the enforcement of thisact or any regulations made pursuant thereto;

 

(xii) Adopt, amend, or repeal all rules necessary for itsgovernment and all regulations necessary to carry into effect the provision ofthis act including the establishment and publication of standards ofprofessional conduct for the practice of veterinary medicine;

 

(xiii) Regulate the transplanting of embryos in animals byestablishing standards of practice and issue permits to persons found qualifiedby the board;

 

(xiv) Make recommendations regarding members of the animaleuthanasia technicians certification board to the governor pursuant to W.S.33-30-217(a).

 

(n) The powers enumerated are granted for the purpose ofenabling the board to supervise effectively the practice of veterinary medicineand are to be construed liberally to accomplish this objective. In the exerciseof its powers, the board shall be governed by the provisions of the WyomingAdministrative Procedure Act.

 

33-30-205. Veterinarians presently licensed.

 

Anyperson holding a valid license to practice veterinary medicine in this state onthe date when this act becomes effective shall be recognized as a licensedveterinarian and shall be entitled to retain this status so long as he complieswith the provisions of this act, including annual renewal of license.

 

33-30-206. Application for license; fee; determination ofqualifications.

 

 

(a) Any person desiring a license to practice veterinarymedicine in this state shall make written application to the board. Theapplication shall show that the applicant is an adult, subscribes to and willuphold the principles incorporated in the constitution of the United States, agraduate of a college of veterinary medicine, a person of good moral character,physical and mental health, and shall provide such other information and proofas the board may require by rule. The application shall be accompanied by a feein the amount established and published by the board.

 

(b) If the board determines that the applicant possesses theproper qualifications, it shall admit the applicant to the next examination, orif the applicant is eligible for a license without examination under W.S.33-30-208, the board may forthwith grant him a license. If an applicant isfound not qualified to take the examination or does not qualify for a licensewithout examination, the secretary-treasurer of the board shall immediatelynotify the applicant in writing of such finding and the grounds therefor. Alicensee whose license is revoked or an applicant found unqualified shall beafforded an opportunity for a hearing to be conducted in accordance with theWyoming Administrative Procedure Act. Any applicant who is found not qualifiedshall be allowed the return of his application fee.

 

33-30-207. Examinations generally.

 

 

(a) The board shall hold at least one (1) examination ofapplicants for license to practice veterinary medicine during each year and mayhold such additional examinations as are necessary.

 

(b) The preparation, administration, and grading ofexaminations shall be governed by rules prescribed by the board. Examinationsshall be designed to test the examinee's knowledge of and proficiency in the subjectsand techniques commonly taught in colleges of veterinary medicine. To pass theexamination, the examinee must demonstrate scientific and practical knowledgeof the highest competency to prove himself qualified to practice veterinarymedicine in the judgment of the board. All examinees shall be tested by awritten examination, supplemented by such oral interviews and practicaldemonstrations as the board may deem necessary. The board may adopt and use theexamination prepared by the national board of veterinary examiners.

 

(c) After each examination the secretary-treasurer shall notifyeach examinee of the result of his examination, and the board shall issuelicenses to the persons successfully completing the examination. Thesecretary-treasurer shall record the new licenses and issue certificates ofregistration to the new licensees. Any person failing an examination shall beadmitted to any subsequent examination on payment of the application fee.

 

(d) Each licensee shall be entitled to exercise all the rightsand privileges of a doctor of veterinary medicine; provided, however, anyperson practicing veterinary medicine shall be governed by the laws of thisstate and the rules adopted by the board.

 

33-30-208. When examination not required.

 

 

(a) The board may, but is not required to, issue a licensewithout a written examination to a qualified applicant who:

 

(i) Has for the five (5) years next prior to filing hisapplication been a practicing veterinarian licensed in a state, territory, ordistrict of the United States having license requirements at the time theapplicant was first licensed which were substantially equivalent to therequirements of this act, and who has the recommendation for Wyoming licensureby the examining board of his state of residence;

 

(ii) Has within the three (3) years next prior to filing hisapplication successfully completed the examination conducted by the nationalboard of veterinary examiners.

 

(b) At its discretion, the board may orally or practicallyexamine any person qualifying for licensing under this section.

 

33-30-209. Temporary permits.

 

 

(a) The board may issue without examination a temporary permitto practice veterinary medicine in this state to a qualified applicant forlicense pending examination, provided that such temporary permit shall expirethe day after the notice of results of the first examination given after thepermit is issued.

 

(b) A temporary permit may be summarily revoked by majorityvote of the board without a hearing.

 

(c) The board is under no obligation to issue a secondtemporary permit under this provision but may do so if circumstances warrantsuch issuance.

 

33-30-210. Display and exhibition of license; other licenses notrequired.

 

 

(a) Each person to whom a license is issued shall keep suchlicense conspicuously displayed in his office, place of business or place ofemployment, and shall, whenever required, exhibit said license to any member orauthorized representative of the board.

 

(b) No state, county, or city occupational license shall berequired to practice veterinary medicine when a veterinarian shall present tothe proper authority a valid current license issued by the board.

 

33-30-211. Expiration and renewal of licenses; fees; veterinarians onactive duty with armed services; duplicate licenses.

 

 

(a) All licenses shall expire annually on December 31 of eachyear and shall be renewed by registration with the board and payment of theregistration renewal fee established and published by the board. On December 1of each year, the secretary-treasurer shall mail a notice to each licensedveterinarian that his license will expire on December 31 and provide him with aform for reregistration. The secretary-treasurer shall issue annualcertificates of registration to all persons registering under this act.

 

(b) Any person who shall practice veterinary medicine after theexpiration of his license and wilfully or by neglect fail to renew such licenseshall be practicing in violation of this act; provided that, at the discretionof the board, any person not practicing in the state may renew an expiredlicense within five (5) years of the date of its expiration by making writtenapplication for renewal and paying the current renewal fee plus all delinquentrenewal fees. After five (5) years have elapsed since the date of theexpiration, a license may not be renewed, but the holder must make applicationfor a new license.

 

(c) The board may by rule waive the payment of the registrationrenewal fee of a licensed veterinarian during the period when he is on activeduty with any branch of the armed services of the United States, not to exceedthe longer of three (3) years or the duration of a national emergency.

 

(d) The board shall issue a duplicate license to replace onethat has been lost or otherwise rendered unusable upon payment of a fee set byrule of the board. Such duplicate license shall be so designated.

 

33-30-212. Denial, suspension and revocation of licenses.

 

(a) Upon written complaint sworn to by any person, the boardmay after a fair hearing and by a concurrence of all members, deny, revoke orsuspend for a certain time the license of, or reprimand, any applicant orlicensed veterinarian who upon proof to the satisfaction of the board:

 

(i) Has employed fraud, misrepresentation, or deception inobtaining a license;

 

(ii) Has been adjudicated insane;

 

(iii) Has habitually used drugs or intoxicants;

 

(iv) Has been convicted of a felony, involving moral turpitude,or has entered a plea of nolo contendere upon being charged with commission ofsuch a felony;

 

(v) Has been convicted of a violation of any federal or statelaw relating to narcotic drugs;

 

(vi) Has used advertising or solicitation deemed unprofessionalby the board;

 

(vii) Has been guilty of gross malpractice or gross neglect inthe practice of veterinary medicine which has endangered the health or life ofany person or animal;

 

(viii) Has had professional association with or employed anyperson practicing veterinary medicine unlawfully;

 

(ix) Has committed acts of fraud or dishonesty; especially inthe application or reporting of any test for disease in animals;

 

(x) Has failed to report, if required by law, or made falsereport of, any contagious or infectious disease;

 

(xi) Has been guilty of gross negligence in the inspection offoodstuffs or the issuance of health certificate, inspection certificate orvaccination certificate or other form used in the practice of veterinarymedicine contributing to the dissemination of animal disease, transportation ofdiseased animals, or the sale of products of animal origin not fit for humanconsumption;

 

(xii) Has had a license to practice veterinary medicine byanother state, territory, or district of the United States revoked or suspendedon grounds other than nonpayment of registration fee;

 

(xiii) Has been guilty of unprofessional conduct as defined inregulations adopted by the board;

 

(xiv) Has been guilty of willful or repeated violation of anyprovision of this act;

 

(xv) Has willfully failed to display a license to practiceveterinary medicine in the state of Wyoming;

 

(xvi) Has failed to keep the equipment and premises of thebusiness establishment in a clean and sanitary condition as established byrules of the board;

 

(xvii) Has refused to permit the board to inspect the businesspremises of the licensee during regular business hours;

 

(xviii) Has been convicted of a charge of cruelty to animals;

 

(xix) Has failed to answer to the board, when so requested in writing,in regard to information relating to any of the violations listed under thissection.

 

(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-30-213. Reinstatement of suspended or revoked licenses.

 

Anyperson whose license is suspended or revoked may, at the discretion of theboard, be relicensed or reinstated at any time without an examination bymajority vote of the board on written application made to the board showingcause justifying relicensing or reinstatement.

 

33-30-214. Penalty for violation; injunction.

 

 

(a) Any person who shall practice veterinary medicine without acurrently valid license or temporary permit shall be guilty of a misdemeanorand upon conviction for a first offense shall be fined not more than onehundred dollars ($100.00), or imprisoned for no more than ninety (90) days, orboth fined and imprisoned; provided that each act of such unlawful practiceshall constitute a distinct and separate offense.

 

(b) The board or any citizen of this state may bring an actionto enjoin any person from practicing veterinary medicine without a currently validlicense or temporary permit. If the court finds that the person is violating oris threatening to violate this act, it shall enter an injunction restraininghim from such unlawful acts.

 

33-30-215. Disposition of unclaimed animals in custody of veterinarians;notice to owner; liability of veterinarians; "abandoned animals".

 

 

(a) Any animal placed in the custody of a licensed veterinarianfor treatment, boarding, or other care, which shall be unclaimed by its owneror his agent for a period of more than ten (10) days after written notice isgiven to the owner or his agent at his last known address, shall be deemed tobe abandoned and may be turned over to the custody of the nearest humanesociety or dog pound in the area for the disposal as such custodian may deemproper.

 

(b) The giving of notice to the owner, or the agent of theowner, of such animal by the licensed veterinarian, as provided in theforegoing paragraph, shall relieve the licensed veterinarian and any custodianto whom such animal may be given of any further liability for disposal; it isfurther provided that such procedure by the licensed veterinarian shall notconstitute grounds for disciplinary procedure under this act.

 

(c) For the purpose of this act the term "abandoned"shall mean to forsake entirely, or to neglect or refuse to provide or performthe legal obligations for care and support of an animal by its owner, or hisagent; such abandonment shall constitute the relinquishment of all rights andclaim by the owner to such animal.

 

33-30-216. Definitions.

 

(a) As used in this act:

 

(i) "Animal tranquilizer" means any prescription druglabeled for veterinary use by the manufacturer for the purpose of immobilizingor sedating an animal to allow capture or handling and which is not acontrolled substance under the Wyoming Controlled Substances Act;

 

(ii) "Board" means the Wyoming animal euthanasiatechnician certification board;

 

(iii) "Certified animal euthanasia technician" means aperson who is employed or sponsored by a law enforcement agency whose dutiesinclude euthanizing unwanted, sick, injured or dangerous animals;

 

(iv) "Euthanasia" or "euthanizing" means theact or practice of providing a humane death for animals through the use ofeuthanizing drugs;

 

(v) "Euthanizing drugs" means any pentobarbital-baseddrug labeled by the manufacturer for the purpose of euthanizing animals, withthe exception of Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014;

 

(vi) "This act" means W.S. 33-30-216 through33-30-222.

 

33-30-217. Animal euthanasia technician certification board created;composition; terms of office.

 

(a) There is created the animal euthanasia techniciancertification board. The board shall consist of five (5) members appointed bythe governor. Initial board members shall be appointed upon the recommendationof the Wyoming state board of veterinary medicine. Thereafter, the animaleuthanasia technician certification board shall make recommendations to thegovernor after receiving the recommendation of the Wyoming state board ofveterinary medicine.

 

(b) The initial membership of the board shall include at leastone (1) licensed veterinarian, one (1) actively employed animal controlofficer, one (1) law enforcement official whose duties include supervision ofanimal control and one (1) citizen from the public at large. Thereafter,members of the board shall be certified euthanasia technicians, veterinarianslicensed in this state or certified peace officers.

 

(c) Members of the board shall serve terms of three (3) years. The initial board shall have staggered terms of one (1) member for one (1)year, two (2) members for two (2) years and two (2) members for three (3)years.

 

33-30-218. Duties and powers of board.

 

(a) The board shall:

 

(i) Grant, suspend or revoke the certification of any animaleuthanasia technician. The board shall examine the credentials of applicantsfor certification and current certificate holders and may grant, suspend orrevoke certification on the basis of the credentials or upon other cause asspecified by the rules of the board. In addition, the board may require oralinterviews and practical demonstrations;

 

(ii) Examine and approve available animal euthanasia trainingand testing programs for use by applicants for certification. In the absenceof available animal euthanasia training and testing programs, the board shalldevelop a program for use by animal euthanasia technicians in this state. Aprogram approved or developed pursuant to this paragraph shall include:

 

(A) Methods of humanely euthanizing injured, sick, homeless orunwanted animals;

 

(B) Security precautions;

 

(C) Record keeping; and

 

(D) Other skills as determined necessary by the board.

 

(iii) Promulgate rules and regulations in accordance with theWyoming Administrative Procedure Act necessary for the implementation of thisact, including the establishment of fees provided for by this act and rulesrelating to professional conduct which establish ethical and professionalstandards of practice;

 

(iv) Conduct investigations and hearings pursuant to the WyomingAdministrative Procedure Act.

 

33-30-219. Certified animal euthanasia technicians; eligibility;surrender or revocation of certificate; fees; other requirements.

 

(a) Any person applying for a certification as an animaleuthanasia technician shall be employed or sponsored by a law enforcementagency. An applicant shall make a written application to the board which shallinclude:

 

(i) A fee in the amount established pursuant to W.S. 33-1-201;

 

(ii) Proof that the applicant:

 

(A) Is a citizen of the United States or is lawfully admittedto remain and work in the United States;

 

(B) Is employed or sponsored by a law enforcement agency;

 

(C) Has not been convicted of a felony or any criminalviolation relating to cruelty to animals or animal neglect; and

 

(D) Has completed an animal euthanasia training and testingprogram approved or developed by the board.

 

(iii) Proof that the employing sponsoring agency has obtained anyrequired federal permits;

 

(iv) A criminal history background check required pursuant toW.S. 7-19-106(a)(x);

 

(v) Any other information required by the board.

 

(b) A certification issued pursuant to this section shall befor a two (2) year period unless surrendered by the certified animal euthanasiatechnician or revoked or suspended by the board for cause. The certified animaleuthanasia technician shall renew the certificate every two (2) years.Application for renewal shall be accompanied by:

 

(i) A fee in the amount established pursuant to W.S. 33-1-201;

 

(ii) Proof of current employment or sponsorship by a lawenforcement agency; and

 

(iii) Proof of a minimum of eight (8) hours of board approvedtraining during the previous two (2) year period.

 

(c) The fees received under subsection (a) or (b) of thissection shall be deposited with the state treasurer who shall credit the moneyto a separate account. All monies credited to the account shall be expendedonly upon appropriation by the legislature to defray costs and expensesincurred in the administration of this act.

 

(d) In addition to other requirements of this act, a certifiedanimal euthanasia technician shall register with the Wyoming board of pharmacyto purchase, possess and administer euthanizing drugs. Certified animaleuthanasia technicians registered as provided in this section shall be allowedto purchase, possess and administer animal tranquilizers. Animal tranquilizersshall only be administered to animals.

 

(e) If at any time there is a change in employment orsponsorship of a certified animal euthanasia technician by a law enforcementagency, the law enforcement agency shall immediately notify the board of thechange. The board shall adopt rules relating to changes in employment orsponsorship by law enforcement agencies for the purposes of this act. For thepurposes of this subsection, "change" or "changes" includestransfer to another division or part of the law enforcement agency as well asfiring, termination or other release of employment or sponsorship by the lawenforcement agency.

 

33-30-220. Compensation of board members.

 

Board members shall receive no compensation for theirservices but shall receive per diem and travel expenses in the manner andamount provided for state employees by W.S. 9-3-102 and 9-3-103.

 

33-30-221. Prohibited acts; penalties.

 

Any person employed or sponsored by a law enforcementagency who euthanizes an animal by injection of euthanizing drugs as defined inthis act without being certified according to the provisions of this act isguilty of a misdemeanor punishable by a fine of not more that seven hundredfifty dollars ($750.00), imprisonment for not more than six (6) months, orboth.

 

33-30-222. Animal euthanasia technician certification; limitations.

 

Nothingin this act shall apply to veterinarians licensed pursuant to W.S. 33-30-101 etseq. or to any wildlife or predator control officer in the performance of theirduties.

 

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