Section 73-39-53 - DefinitionsWhen used in this chapter, these words and phrases shall be defined as follows:
(a) "Abandoned" means to forsake entirely, to neglect or refuse to provide or perform legal obligations for the care and support of an animal or to refuse to pay for treatment or other services without an assertion of good cause.(b) "Accredited college of veterinary medicine" means any veterinary college, school or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and that is accredited by the Council on Education of the American Veterinary Medical Association (AVMA).(c) "Accredited program in veterinary technology/technician" means any postsecondary educational program that is accredited by the Committee on Veterinary Technician Education and Activities of the AVMA.(d) "Animal" means any animal other than a human.(e) "Board" means the Board of Veterinary Medicine.(f) "Client" means the patient's owner, owner's agent or other person responsible for the patient.(g) "Complementary, alternative and integrative therapies" means a heterogeneous group of preventive, diagnostic, and therapeutic philosophies and practices, which at the time they are performed may differ from current scientific knowledge, or whose theoretical basis and techniques may diverge from veterinary medicine routinely taught in accredited veterinary medical colleges, or both. These therapies include, but are not limited to, veterinary acupuncture, acutherapy and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy (therapies based on techniques practiced in osteopathy, chiropractic medicine or physical medicine and therapy); veterinary nutraceutical therapy; and veterinary phytotherapy.(h) "Consultation" means when a licensed veterinarian receives advice in person, telephonically, electronically or by any other method of communication, from a veterinarian licensed in this or any other state or other person whose expertise, in the opinion of the licensed veterinarian, would benefit a patient.(i) "Certified veterinary technician" means a veterinary technician certified by the board.(j) "Direct supervision" means a licensed veterinarian is readily available on the premises where the patient is being treated.(k) "Educational equivalence" means the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine.(l) "Extralabel use" means actual use or intended use of a drug in an animal in a manner that is not in accordance with the approved labeling. This includes, but is not limited to, use in species not listed in the labeling, use for indications (disease or other conditions) not listed in the labeling, use at dosage levels, frequencies, or routes of administration other than those stated in the labeling, and deviation from the labeled withdrawal time based on these different uses.(m) "Impaired veterinarian" means a veterinarian who is unable to practice veterinary medicine with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination from a competent authority or written consent based on clinical evidence, including deterioration of mental capacity, loss of motor skills, or abuse of drugs or alcohol of sufficient degree to diminish the person's ability to deliver competent patient care.(n) "Indirect supervision" means a veterinarian has given either written or oral instructions for treatment of the patient and is readily available by telephone or other form of communication.(o) "Informed consent" means the veterinarian has informed the client, in a manner that would be understood by a reasonable person, of the diagnostic and treatment options, risk assessment and prognosis and has provided the client with an estimate of the charges for veterinary services to be rendered and the client has consented to the recommended treatment.(p) "Licensed veterinarian" means a person licensed to practice veterinary medicine in this state.(q) "Patient" means an animal that is examined or treated by a veterinarian.(r) "Person" means any individual, firm, partnership (general, limited or limited liability), association, joint venture, cooperative, corporation, limited liability company or any other group or combination acting in concert and whether or not acting as a principal, partner, member, trustee, fiduciary, receiver or as any other kind of legal or personal representative or as the successor in interest, assignee, agent, factor, servant, employee, director, officer or any other representative of such person.(s) "Practice of veterinary medicine" means: (i) To diagnose, treat, correct, change, alleviate or prevent animal disease, illness, pain, deformity, defect, injury or other physical, dental or mental conditions by any method or mode, including: 1. The prescribing, dispensing, administering or applying of any drug, medicine, biologic, apparatus, anesthetic or other therapeutic or diagnostic substance or medical or surgical technique; or2. The using of complementary, alternative and integrative therapies; or3. The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to any of the above.(ii) To represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in this paragraph.(iii) To use any title, words, abbreviation or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in this paragraph.(t) "Practice of veterinary technology" means to perform patient care or other services that require a technical understanding of veterinary medicine on the basis of written or oral instruction of a veterinarian, excluding diagnosing, prognosing, performing surgery or prescribing drugs, medicine or appliances.(u) "Veterinarian" means a person who has received a professional veterinary medical degree from a college of veterinary medicine.(v) "Veterinarian-client-patient relationship" means that all of the following are required: (i) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions.(ii) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal because the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal either by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept.(w) "Veterinary medicine" means all branches and specialties included within the practice of veterinary medicine.(x) "Veterinary premises" means any premises or facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile clinic, outpatient clinic, satellite clinic or veterinary hospital or clinic, but shall not include the premises of a veterinary client, research facility, a federal military base or an accredited college of veterinary medicine.(y) "Veterinary prescription drug" means a drug that may not be dispensed without the prescription of a veterinarian and that bears the label statement: "CAUTION: Federal law restricts this drug to use by or on the order of a licensed veterinarian."(z) "Veterinary technician" means a person certified by the board as a veterinary technician.(aa) "Veterinary technologist" means a graduate of a four-year accredited program in veterinary technology. Laws, 2005, ch. 421, § 2; reenacted without change, Laws, 2008, ch. 447, § 2, eff. 4/8/2008.