House Bill 805

AN ACT TO AMEND SECTION 73-39-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF VETERINARY MEDICINE TO INSPECT THE PREMISES AND EQUIPMENT OF VETERINARIANS AND SANCTION THEM FOR FAILURE TO KEEP THE PREMISES AND EQUIPMENT IN A CLEAN AND SANITARY CONDITION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-39-19, Mississippi Code of 1972, is amended as follows:

73-39-19. (1) After a hearing held as set out in this chapter, the board, on concurrence of three (3) members, shall have the right and power to revoke or suspend the license of a veterinarian, or the certificate of an animal technician and may place said veterinarian or technician on probation conditioned on future good conduct and compliance with this chapter, and may impose an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each such separate offense, for any of the following reasons:

(a) Insanity or mental incompetence or an adjudication of insanity or mental incompetence by a court of competent jurisdiction.

(b) Chronic inebriety or habitual use of drugs, or any adjudication by a court of competent jurisdiction that such veterinarian is an alcoholic or habitual user of drugs. Decrees of divorce shall not be construed as an adjudication that a veterinarian is an alcoholic or habitual user of drugs.

(d) Fraud or dishonesty in the application or reporting of any test for disease in animals, including intentional misrepresentation on any forms filed with any governmental agency.

(e) Failure to report or making a false report of any contagious or infectious disease required by state or federal law to be reported.

(f) Dishonesty, intentional misrepresentation or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates.

(g) The refusal of licensing authority of another state to issue or renew a license, permit or certificate to practice veterinary medicine in that state or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by such licensing authority which prevents or restricts practice in that state; further, any probationary status imposed by another state which had the offense occurred in this state would have been a violation of this chapter.

(h) The employment of fraud, misrepresentation or deception in obtaining a license.

(i) The use of advertising or solicitation which is false or misleading or is deemed unprofessional under rules or regulations adopted by the board.

(j) Incompetence, gross negligence, cruelty or gross malpractice in the practice of veterinary medicine.

(k) Employing any person practicing veterinary medicine unlawfully with the knowledge of such illegal practice by said employee.

(l) Failure to keep veterinary premises and equipment in a clean and sanitary condition. The board shall inspect such premises and equipment at least annually and shall promulgate rules and standards by which the conditions of the premises and equipment may be evaluated. Further, the board shall establish sanctions for failure to keep the premises and equipment in accordance with its rules and standards.

(m) Cruelty to animals in the practice of veterinary medicine.

(n) Unprofessional or unethical conduct as defined in regulations adopted by the board.

(o) Administering, dispensing or prescribing any narcotic drug having addiction-forming, addiction-sustaining or habituating liability otherwise than in the course of legitimate professional practice.

(p) Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law.

(q) Obtaining or procuring, or attempting to obtain or procure by misrepresentation, fraud, deception or subterfuge, any narcotic or drug classified as a controlled substance.

(r) Making or causing to be made any false claims concerning the licensee's professional excellence.

(s) Being guilty of any dishonorable or unethical conduct likely to deceive, defraud or harm the public.

(t) Refusing to permit the board or any legal representative of the board to inspect the business premises of the licensee during regular business hours.

(u) Failure to complete requirement of continuing education.

(2) A certified copy of any judgment of conviction or finding of guilt by a court of competent jurisdiction or by a governmental board or agency authorized to issue licenses or permits, including the United States Department of Agriculture, Animal and Plant Health Inspection Service, the Mississippi Board of Animal Health and the Mississippi State Board of Health, of a veterinarian or animal technician of any of the matters listed in paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1)shall be admissible in evidence in any hearing held by the board to discipline such veterinarian and shall constitute prima facie evidence of the commission of any such act.

(3) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license or certificate of any licensee or certificate holder for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license or certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.