43-29-01.1. Definitions

43-29-01.1. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Accepted livestock management practice" means a procedure that is commonly

performed as part of the routine management of livestock which includes vaccination,

implantation of growth hormones, branding, castration, dehorning, docking,

earmarking, semen collection, nonsurgical artificial insemination, and assisting in a

nonsurgical birthing process.

2. "Animal" means a member of the animal kingdom other than a human being whether

living or dead.

3. "Approved college of veterinary medicine" means a veterinary college or division of a

university or college which offers the degree of doctor of veterinary medicine or its

equivalent and which conforms to the standards required for accreditation by an

accrediting entity approved by the board, if the entity is nationally recognized and

develops and maintains accreditation standards for veterinary education.

4. "Approved program in veterinary technology" means any postsecondary educational

program that offers a degree in veterinary technology or its equivalent and has been

approved by the board by rule.

5. "Board" means the board of veterinary medical examiners.

6. "Client" means the patient's owner, owner's agent, or other individual presenting the

patient for care.

7. "Complementary, integrative, and alternative therapies" means a heterogeneous group

of preventative, diagnostic, and therapeutic philosophies and practices not considered

part of conventional veterinary medicine practiced by most veterinarians.

8. "Consent" means the veterinarian has informed the client of the diagnostic and

treatment options, risk assessment, and prognosis, and the client has authorized the

recommended services.

9. "Consultation" means advice or assistance received by a veterinarian in person, or by

any method of communication, from a veterinarian or other individual whose expertise,

in the opinion of the veterinarian, would benefit a patient.

10. "Direct supervision" means supervision by a veterinarian who is readily available on

the premises where the patient is being treated and has assumed responsibility for the

veterinary care given to the patient by an individual working under the direction of the

veterinarian.

11. "Foreign practitioner" has the same meaning as defined under section 43-51-01.

12. "Immediate supervision" means supervision by a veterinarian who is in the immediate

area and within audible and visual range of the patient and the individual treating the

patient and has assumed responsibility for the veterinary care given to the patient by

an individual working under the direction of the veterinarian.

13. "Impaired veterinarian" means a veterinarian who is unable to practice veterinary

medicine with reasonable skill and safety because of a physical or mental disability or

the use of alcohol, drugs, or other habit-forming chemicals.

14. "Impaired veterinary technician" means a veterinary technician who is unable to

practice veterinary technology with reasonable skill and safety because of a physical

or mental disability or the use of alcohol, drugs, or other habit-forming chemicals.

15. "Indirect supervision" means the supervision by a veterinarian who is not on the

premises where the patient is being treated but has given written or oral instructions

for the treatment of the patient, is readily available for communication, and has

assumed responsibility for the veterinary care given to the patient by an individual

working under the direction of the veterinarian.

16. "Jurisdiction" means any commonwealth, state, or territory of the United States of

America, including the District of Columbia, or any province of Canada.

17. "Patient" means an animal or group of animals examined or treated by a veterinarian.

18. "Practice of veterinary medicine" means the:

a. Diagnosis, prognosis, correction, supervision, recommendation, or performance

the veterinarian.

16. "Jurisdiction" means any commonwealth, state, or territory of the United States of

America, including the District of Columbia, or any province of Canada.

17. "Patient" means an animal or group of animals examined or treated by a veterinarian.

18. "Practice of veterinary medicine" means the:

a. Diagnosis, prognosis, correction, supervision, recommendation, or performance

of any medical or surgical treatment, including complementary, integrative or

alternative therapies, for the diagnosis, prevention, cure, or relief of a wound,

disease, deformity, defect, fracture, bodily injury, dental, physical, behavioral, or

mental condition of an animal;

b. Prescription, distribution, or administration of a drug, medicine, anesthetic,

biologic, appliance, apparatus, application, or treatment to an animal;

c. Provision of any manual or mechanical procedure for the diagnosis or treatment

of pregnancy, sterility, or infertility of an animal;

d. Determination of the health, fitness, or soundness of an animal;

e. Representation of oneself, directly or indirectly, as engaging in the practice of

veterinary medicine; or

f. Use of any title, word, abbreviation, or letter in a manner or under circumstances

that induce the belief that the individual using such title is authorized to practice

veterinary medicine under this chapter.

19. a. "Practice of veterinary technology" means the:

(1) Provision of professional medical care, monitoring, or treatment on the basis

of written or oral instructions from a veterinarian;

(2) Representation of oneself, directly or indirectly, as engaging in the practice

of veterinary technology; or

(3) Use of any title, word, abbreviation, or letter in a manner or under

circumstances inducing the belief the individual using such title is authorized

to practice veterinary technology under this chapter.

b. This section may not be construed to permit a veterinary technician to do the

following:

(1) Surgery, except when acting as a surgical assistant to a veterinarian;

(2) Diagnose;

(3) Prognose; or

(4) Prescribe.

20. "State board examination" means the jurisprudence examination administered by the

board.

21. "Supervising veterinarian" means a veterinarian who has a valid veterinarian-client-

patient relationship and assumes responsibility for the veterinary care provided to the

patient by an individual working under the direction of the veterinarian.

22. "Teleadvice" means the provision of any health information, opinion, or guidance that

is not specific to a particular animal's health, illness, or injury and is not intended to

diagnose, prognose, or treat an animal.

23. "Telehealth" means the use of technology to gather and deliver health information,

advice, education, or patient care remotely.

24. "Teletriage" means electronic communication with the client to determine urgency and

need for immediate referral to a veterinarian.

25. "Veterinarian" means an individual who is licensed to practice veterinary medicine

under this chapter.

26. "Veterinarian-client-patient relationship" means a relationship in which the veterinarian

has assumed responsibility for making medical judgments regarding the health of a

patient and the client has agreed to follow the instructions of the veterinarian.

27. "Veterinary medicine" includes all branches or specialties of veterinary medicine.

28. "Veterinary premises" means any premises or facility where the practice of veterinary

medicine is performed but may not include the premises of a client, research facility,

military base, or an approved college of veterinary medicine.

29. "Veterinary technician" means an individual who is licensed to practice veterinary

technology under this chapter.

30. "Veterinary technology" includes all branches or specialties of veterinary technology.

31. "Veterinary telemedicine" means the virtual practice of veterinary medicine over the

telecommunications infrastructure.