MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Creekmore IV
AN ACT TO AMEND SECTION 73-39-53, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "VETERINARIAN-CLIENT-PATIENT RELATIONSHIP" AS USED IN THE MISSISSIPPI VETERINARY PRACTICE ACT; TO AMEND SECTION 73-39-55, MISSISSIPPI CODE OF 1972, TO ADD ONE CERTIFIED VETERINARY TECHNICIAN AND ONE PUBLIC MEMBER TO THE BOARD OF VETERINARY MEDICINE; TO AMEND SECTION 73-39-57, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE AMOUNT OF INSPECTION FEES TO BE PAID BY EACH LICENSED VETERINARIAN EMPLOYED BY THE INSPECTED VETERINARY ESTABLISHMENT; TO AMEND SECTION 73-39-63, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM USING THE TITLE OF VETERINARY TECHNOLOGIST OR TECHNICIAN UNLESS CREDENTIALED BY THE BOARD; TO AMEND SECTION 73-39-69, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR THE BOARD TO PROVIDE AT LEAST ONE EXAMINATION FOR LICENSING EACH YEAR AND TO GIVE PUBLIC NOTICE OF THE TIME AND PLACE OF EACH EXAMINATION; TO AMEND SECTION 73-39-71, MISSISSIPPI CODE OF 1972, TO REMOVE PROVISIONS AUTHORIZING THE BOARD TO ISSUE A LICENSE BY ENDORSEMENT; TO AMEND SECTION 73-39-75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE AMOUNT OF THE FEE FOR LICENSE RENEWAL; TO INCREASE THE AGE OF LICENSED VETERINARIANS EXEMPT FROM PAYMENT OF THE RENEWAL FEE FROM SIXTY-FIVE YEARS OF AGE OR OLDER TO SEVENTY YEARS OF AGE OR OLDER; TO AMEND SECTION 73-39-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO REVOKE OR SUSPEND THE CERTIFICATION OF A VETERINARY TECHNICIAN OR TECHNOLOGIST; TO AMEND SECTION 73-39-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE AMOUNT OF THE FINE FOR A PERSON WHO PRACTICES VETERINARY MEDICINE WITHOUT A VALID LICENSE OR USING THE TITLE CERTIFIED VETERINARY TECHNICIAN OR CERTIFIED VETERINARY TECHNOLOGIST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-39-53, Mississippi Code of 1972, is amended as follows:
73-39-53. When 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; or
2. The using of complementary, alternative and integrative therapies; or
3. 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 * * * seen the animal within the twelve
(12) months immediately preceding the diagnosis 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.
SECTION 2. Section 73-39-55, Mississippi Code of 1972, is amended as follows:
73-39-55. (1)
A Board of Veterinary Medicine shall
be appointed by the Governor and shall consist of five (5) licensed
veterinarians, one (1) Certified Veterinary Technician, and one (1) public
member with at least one (1) member from each of the Supreme Court
districts of the state and not more than * * * three (3) members from the same
Supreme Court district. All professional members of the Board of
Veterinary Medicine shall * * * be veterinarians who have * * * been licensed to practice in
this state for a period of not less than five (5) years * * *.
Appointments shall be for a five-year term or to fill an unexpired term. The
Governor shall fill all vacancies on the board as they shall occur by
appointment from a list of three (3) eligible * * * individuals submitted by
the Mississippi Veterinary Medical Association for each vacancy. If the
vacancy to be filled is caused by expiration of the term, death, resignation or
inability to serve as a board member whose residence is in a Supreme Court
district having two (2) members on the board, the Mississippi Veterinary
Medical Association shall submit six (6) names: three (3) from the Supreme
Court district in which the former board member resided and three (3) from the
Supreme Court district which had only one (1) member on the board, and the
Governor shall fill the vacancy by appointment of one (1) of the six (6)
nominees. All appointments shall be with the advice and consent of the Senate.
Members of the board serving on the predecessor board under Section
73-39-5 on July 1, * * *
2008, may continue as members of the board until the expiration of the
term for which they were appointed. Vacancies due to death, resignation or
removal shall be filled for the remainder of the unexpired term in the same
manner as regular appointments.
(a) A licensed veterinarian and certified veterinary technician shall be qualified to serve as a member of the board if he or she has been licensed to practice veterinary medicine or certified to practice veterinary technology, respectively, in this state for the five (5) years immediately preceding the time of his or her appointment.
(b) Each member of the board shall be paid in accordance with Section 25-3-69 for each day or substantial portion thereof if he or she is engaged in the work of the board, in addition to such reimbursement for travel and other expenses as is allowed under Section 25-3-41.
(2) The board shall meet at least once each year at the time and place fixed by rule of the board. Other necessary meetings may be called by the board by giving notice as may be required by rule. Except as may otherwise be provided, a majority of the board constitutes a quorum. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer or grade examinations or to deliberate the qualification of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian in accordance with Section 25-41-7.
(3) The board annually shall elect officers from its membership as may be prescribed by rule. Officers of the board serve for terms of one (1) year and until a successor is elected, without limitation on the number of terms an officer may serve. The duties of officers shall be prescribed by rule.
SECTION 3. Section 73-39-57, Mississippi Code of 1972, is amended as follows:
73-39-57. The board may:
(a) Adopt, amend or repeal all rules necessary for its government and all regulations necessary to implement this chapter, including the establishment and publication of standards of practice and professional conduct for the practice of veterinary medicine.
(b) Adopt, promulgate and enforce rules and regulations relating to specific duties and responsibilities; certification, registration or licensure; and other matters pertaining to veterinary technicians or nonlicensed persons consistent with this chapter.
(c) Initiate disciplinary procedures, hold hearings, reprimand, suspend, revoke or refuse to issue or renew credentials and perform any other acts that may be necessary to regulate veterinary technicians and technologists.
(d) Examine by established protocol the qualifications and fitness of applicants for a license to practice veterinary medicine in this state.
(e) Issue, renew or deny the licenses and temporary permits to practice veterinary medicine.
(f) Limit, suspend or revoke the licenses of disciplined veterinarians or otherwise discipline licensed veterinarians consistent with this chapter and applicable rules and regulations.
(g) Establish and publish annually a schedule of fees for licensing and certification.
(h) Conduct investigations of suspected violations of this chapter to determine whether there are sufficient grounds to initiate disciplinary proceedings.
(i) Inspect veterinary premises and equipment, including
practice vehicles, on a * * *triennial basis regular basis to be determined by the board
and assess an inspection fee * * * to be determined by the board and an additional
fee * * * to be determined by the board for each licensed
veterinarian employed by the inspected veterinary establishment.
(j) Hold hearings on all matters properly brought before the board, to administer oaths, receive evidence, make necessary determinations and enter orders consistent with the findings. The board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence and commission depositions. The board may designate one or more of its members to serve as its hearing officer. The board shall adopt rules and regulations for hearings before the board and the rules shall afford any person appearing before the board the safeguards of procedural due process. Formal rules of evidence shall not apply.
(k) Employ full- or part-time personnel necessary to implement this chapter and purchase or rent necessary office space, equipment and supplies.
(l) Appoint from its own membership one or more members to act as representatives of the board at any meeting within or outside the state.
(m) Bring proceedings in the courts against any person for the enforcement of this chapter or any regulations made pursuant thereto.
The powers enumerated herein are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and veterinary technology and are to be construed liberally to accomplish this objective.
SECTION 4. Section 73-39-63, Mississippi Code of 1972, is amended as follows:
73-39-63. (1) The practice of veterinary technology is a privilege granted by legislative authority to maintain public health, safety and welfare and to protect the public from being misled by unauthorized individuals.
(2) An individual who has graduated from a veterinary technology or technician program that is accredited according to the standards adopted by the American Veterinary Medical Association's Committee on Veterinary Technician/Technology Education and Activities, and who has filed the application and the requisite fees shall be eligible to take the examination for certification as an animal technician.
(3) Veterinary technicians and technologists applying for certification shall be required to pass the Veterinary Technician National Examination, with scores as set by the board, before receiving certification.
(4) All certified veterinary technicians and technologists shall be required to complete continuing professional education as prescribed by rule to renew their credentials.
(5) * * * The board may suspend, revoke or deny the issuance or
renewal of certification of any veterinary technician or technologist who is
found guilty of any of the following:
(a) Fraud or misrepresentation in applying for certification.
(b) Criminal offense relating to veterinary medicine.
(c) Any violation of the Uniform Controlled Substances Law.
(d) Convicted of cruelty to animals.
(e) Violation of any of the rules or regulations of the board.
(6) A certified veterinary technician or technologist is an individual who has been credentialed to practice veterinary technology in the State of Mississippi. A person shall not use the title "veterinary technologist", "veterinary technician", "vet tech" or the abbreviation "CVT" unless credentialed by the board.
SECTION 5. Section 73-39-69, Mississippi Code of 1972, is amended as follows:
73-39-69. * * *
( * * *1)
The preparation, administration, grading and criterion for passing examinations
shall be governed by * * * an agency approved by the board. Examinations for
veterinary * * *
credentials shall be designed to test the examinee's knowledge of and
proficiency in the subjects and techniques pertaining to the practice of
veterinary medicine commonly taught in an accredited college of veterinary
medicine. The passing score shall be determined by the testing entity. The
board may adopt and use the results of a nationally recognized testing entity
such as the * * * International
Council for Veterinary Assessment or American Association of Veterinary State
Boards.
( * * *2)
Any person, not licensed to practice veterinary medicine under the laws of
Mississippi, shall be required to take the state board examination. This
examination shall be designed to test the applicant's knowledge of the
Mississippi Veterinary Practice Act and Principles of Veterinary Medical Ethics
as set forth by the American Veterinary Medical Association. * * * The application fee and time and
location of the examination shall be determined by the board.
( * * *3)
After examination, each examinee shall be notified of the result of the
examination, and the board shall issue a license signed by members of the
board. Any person who fails an examination may be admitted to any subsequent
examination on payment of the application fee.
SECTION 6. Section 73-39-71, Mississippi Code of 1972, is amended as follows:
73-39-71. * * *
The issuance of a license * * *to a military-trained applicant,
military spouse or person who establishes residence in this state shall be
subject to the provisions of Section 73-50-1 or 73-50-2, as applicable. An
applicant seeking licensure in this state who is licensed to practice
veterinary medicine in another jurisdiction must show that he or she is a
person of good moral character and is licensed to practice veterinary medicine
in at least one (1) state, territory or district and has practiced veterinary
medicine in all of those same named jurisdictions without disciplinary action
by any state or federal agency immediately before filing the application.
SECTION 7. Section 73-39-75, Mississippi Code of 1972, is amended as follows:
73-39-75. (1) All licenses shall expire August 1 of each year but may be renewed by registration with the board and payment of the license renewal fee. At least thirty (30) days in advance, the board shall mail an expiration notice to each licensed veterinarian and include a form for renewal.
(2) The board shall establish the continuing education requirements that must be met for license renewal.
(3) Any person may renew an expired license within five (5) years
of the date of its expiration by making written application for renewal, paying
the current renewal fee and a reinstatement fee * * * as
determined by the board, plus all delinquent renewal fees and complying
with continuing education requirements.
(4) The board may waive the payment of the registration renewal fee of a licensed veterinarian during the period when he is on active duty with any branch of the armed services of the United States.
(5) Any licensed veterinarian who is * * * seventy (70) years
of age or older and who is employed as a veterinarian on a part-time basis * * * (less than twenty (20) hours per week)
shall be exempt from payment of such renewal fee.
* * *
SECTION 8. Section 73-39-77, Mississippi Code of 1972, is amended as follows:
73-39-77. (1)
Upon a written complaint sworn
to by any person, the board, in its sole discretion, may * * * revoke, suspend or limit for
a certain time a license or certification, impose an administrative fine * * * to be determined by the board, or otherwise
discipline any licensed veterinarian or certified veterinary technician or
technologist for any of the following reasons:
(a) The employment of fraud, misrepresentation or deception in obtaining a license or certification.
(b) The inability to practice veterinary medicine or veterinary technology with reasonable skill and safety because of a physical or mental disability, 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.
(c) The use of advertising or solicitation that is false or misleading.
(d) Conviction of the following in any federal court or in the courts of this state or any other jurisdiction, regardless of whether the sentence is deferred:
(i) Any felony;
(ii) Any crime involving cruelty, abuse or neglect of animals, including bestiality;
(iii) Any crime of moral turpitude;
(iv) Any crime involving unlawful sexual contact, child abuse, the use or threatened use of a weapon, the infliction of injury, indecent exposure, perjury, false reporting, criminal impersonation, forgery and any other crime involving a lack of truthfulness, veracity or honesty, intimidation of a victim or witness, larceny, or alcohol or drugs.
For the purposes of this paragraph, a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.
(e) Incompetence, gross negligence or other malpractice in the practice of veterinary medicine or veterinary technology.
(f) Aiding the unlawful practice of veterinary medicine or veterinary technology.
(g) Fraud or dishonesty in the application or reporting of any test for disease in animals.
(h) Failure to report, as required by law, or making false or misleading report of, any contagious or infectious disease.
(i) Failure to keep accurate patient records.
(j) Dishonesty or gross negligence in the performance of food safety inspections or in the issuance of any health or inspection certificates.
(k) Failure to keep veterinary premises and equipment, including practice vehicles, in a clean and sanitary condition.
(l) Failure to permit the board or its agents to enter and inspect veterinary premises and equipment, including practice vehicles, as set by rules promulgated by the board.
(m) Revocation, suspension or limitation of a license to practice veterinary medicine or certification as a veterinary technician or technologist by another state, territory or district of the United States.
(n) Loss or suspension of accreditation by any federal or state agency.
(o) Unprofessional conduct as defined in regulations adopted by the board.
(p) The dispensing, distribution, prescription or administration of any veterinary prescription drug, or the extralabel use of any drug in the absence of a veterinarian-client-patient relationship.
(q) Violations of state or federal drug laws.
(r) Violations of any order of the board.
(s) Violations of this chapter or of the rules promulgated under this chapter.
(t) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.
(2) A certified copy of any judgment of conviction or finding of guilt by a court of competent jurisdiction or by a governmental agency, or agency authorized to issue licenses, certification or permits, including the United States Department of Agriculture, Animal and Plant Health Inspection Service, the Mississippi Board of Animal Health and the Mississippi Board of Health, of a veterinarian or veterinary technician of any matters listed in this section shall be admissible in evidence in any hearing held by the board to discipline such veterinarian or technician and shall constitute prima facie evidence of the commission of any such act.
SECTION 9. Section 73-39-91, Mississippi Code of 1972, is amended as follows:
73-39-91. (1)
Any person who practices veterinary medicine without a valid license * * * issued by the board or
using the title Certified Veterinary Technician or Certified Veterinary
Technologist is guilty of a misdemeanor and, upon conviction, shall be
fined an amount * * * to be determined by the board.
(2) Any person not licensed under this chapter is considered to have violated this chapter and may be subject to all the penalties provided for such violations if he:
(a) Performs any of the functions described as the practice of veterinary medicine as defined in this chapter;
(b) Represents, directly or indirectly, publicly or privately, an ability and willingness to perform any of the functions described as the practice of veterinary medicine as defined in this chapter; or
(c) Uses any title, words, abbreviation or letters in a manner or under circumstances that induces the belief that the person using them is qualified to perform any of the functions described as the practice of veterinary medicine as defined in this chapter.
(3) The board may bring an action to enjoin any person from
practicing veterinary medicine without a valid license * * * issued by the board. If
the court finds that the person is violating or is threatening to violate this
chapter, it shall enter an injunction restraining him from the unlawful acts.
(4) Notwithstanding any other provisions of this chapter, the board may take immediate action if there is an imminent threat to the health, safety or welfare of the public. The board shall find that this action is necessary for the protection of the public and necessary to effectively enforce this chapter. If the board takes immediate action under this subsection, efforts shall be made as soon as possible to proceed in accordance with a hearing under Section 73-39-81.
(5) In addition to any other penalty or remedy provided by law, the
board may implement a system of cite and fine procedures for licensed and nonlicensed
persons who violate the state veterinary practice act. The board may also
impose a civil penalty, upon conviction, for each separate violation. This
civil penalty shall be in an amount * * * to be determined by the board and shall be assessed
by the board in accordance with the provisions set forth in Section 73-39-81.
(6) The success or failure of an action based on any one (1) of the remedies set forth in this section shall in no way prejudice the prosecution of an action based on any other of the remedies.
SECTION 10. This act shall take effect and be in force from and after July 1, 2026.