17-101-102. Definitions.

17-101-102. Definitions. As used in this chapter: (1) “Accredited or approved college of veterinary medicine” means any veterinary college or any division of a university or college that offers the degree of Doctor of Veterinary Medicine, or its equivalent, and that conforms to the standards required for accreditation or approval by the American Veterinary Medical Association; (2) “Animal” means any member of the animal kingdom, other than humans, whether living or dead; (3) “Direct supervision” or “direct personal supervision” means the licensed veterinarian must be on-site and instantly available for consultation; (4) “Educational Commission for Foreign Veterinary Graduates Certificate” means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates indicating that the holder has demonstrated knowledge and skills equivalent to those possessed by a graduate of an accredited or approved college of veterinary medicine; (5) “Immediate supervision” means observation, in the immediate vicinity, with the opportunity for the licensed veterinarian to advise or physically intervene in each procedure; (6)(A) “Indirect supervision” means the licensed veterinarian is not physically present but has given written or oral instructions for the treatment of the animal and is readily available for communication either in person or through use of electronic information and communication technology. (B) “Indirect supervision” does not include the administration of a Schedule II controlled substance. (C) A veterinarian shall retain control of and authority over the care of the animal during indirect supervision; (7) “Licensed veterinarian” means a person who is validly and currently licensed to practice veterinary medicine in this state as a general practitioner or in a specialty area as the Veterinary Medical Examining Board may by rule provide; (8) “Person” means any individual, firm, partnership, association, joint venture, cooperative, or corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assigning agent, factor, servant, employee, director, officer, or any other representative of such a person; (9) “Practice of veterinary medicine” means: (A) The diagnosis, treatment, correction, change, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental condition, including the prescribing or administration of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on any animal, including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to tender service or recommendations with regard to any of the above; (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (9)(A) of this section; (C) The use of any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subdivision (9)(A) of this section. Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; and (D) Collecting blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (i) Unlicensed personnel employed by the United States Department of Agriculture or the Arkansas Livestock and Poultry Commission in disease control programs carried out under the authority of the United States Department of Agriculture or the State of Arkansas; and (ii) Veterinary technicians or veterinary technologists acting under the indirect supervision of a veterinarian as set forth in § 17-101-306(d) except for collecting samples for state or federal tests requiring that the licensed veterinarian draw the sample; (10) “Veterinarian” means a person who has received a professional degree from a college of veterinary medicine or any person who is licensed to practice veterinary medicine in this state; (11) “Veterinarian-client-patient relationship” means: (A) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the client, that is, the owner or caretaker, has agreed to follow the instruction of the veterinarian; (B)(i) There is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. (ii) This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal, by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and (C) The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen or therapy; (12) “Veterinary medicine” includes veterinary surgery, theriogenology, dentistry, acupuncture, animal psychology, chiropractic, and all other branches or specialties of veterinary practice; (13) “Veterinary premises” means any place or unit from which the practice of veterinary medicine is conducted; (14) “Veterinary technician” means a person who: (A) Has received an associate degree or its equivalent from a college-level program accredited by the American Veterinary Medical Association; and (B) Provides veterinary services under the supervision and direction of a licensed veterinarian who is responsible for the performance of that veterinary technician; (15) “Veterinary technician specialist” means a veterinary technician or veterinary technologist who has completed a formal process of education, training, experience, and testing through a specialty academy approved by the Committee on Veterinary Technician Specialties of the National Association of Veterinary Technicians in America; (16) “Veterinary technologist” means a person who performs veterinary technology services and is a graduate of a four-year baccalaureate program accredited by the American Veterinary Medical Association; and (17)(A) “Veterinary technology” means the performance of all aspects of medical care, services, and treatment of an animal where a veterinary-client-patient relationship has been established. (B) “Veterinary technology” does not include diagnosis, prognosis, surgery, or the prescription of appliances, drugs, medications, or treatment unless otherwise determined by the board. (C) A veterinarian shall retain control of and authority over the care of the animal during the practice of veterinary technology.