THE SENATE	S.B. NO.	8
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO VETERINARY MEDICINE.

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

     SECTION 1.  Section 471-2, Hawaii Revised Statutes, is amended to read as follows:

     "§471-2  License required.  No person shall practice veterinary medicine, either gratuitously or for pay, or shall offer to so practice, or shall announce or advertise, publicly or privately, as prepared or qualified to so practice, or shall append the letters "Dr." or affix any other letters to the person's name, with the intent [thereby] to imply that the person is a practitioner of veterinary medicine, without having a valid unrevoked license obtained from the board of veterinary examiners; provided that nothing in this chapter prevents or prohibits the following:

     (1)  Any person from gratuitously treating animals in case of emergency;

     (2)  The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner; provided that the owner of a pet animal and the owner's employees shall not perform any surgical procedures on the pet animal, including but not limited to surgical birth, tail docking, dewclaw removal, ear cropping, and debarking; and provided further that persons residing on any island with a resident population of less than five thousand may conduct tail docking and dewclaw removal procedures on pet animals within five days of the pet animal's birth.  For purposes of this paragraph, "pet animal" shall have the same meaning as in section 711‑1100;

     (3)  Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;

     (4)  Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;

     (5)  Any person licensed to practice veterinary medicine in any state, or any certified scientist or professional in animal care, from practicing in this State when in actual consultation with or under the sponsorship of veterinarians of this State; provided that the person licensed from another state, or the certified scientist or professional in animal care, shall not open an office, or appoint a place to meet patients, or receive calls within the limits of the State;

     (6)  Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry; or

     (7)  Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by permit; provided the applicant applies for and takes the first examination scheduled by the board.  A permit shall not be renewed."

     SECTION 2.  Section 471-15, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§471-15[]]  Criminal penalties. (a)  Any person convicted of violating section 471-2 shall [have committed] be guilty of a misdemeanor and shall be subject to a fine not to exceed $500 [or], imprisoned not more than six months, or both.

     [Additionally,] (b)  Any person convicted of violating section 471-2 and who, in the course of that violation, intentionally or knowingly performs any surgical procedure, including but not limited to surgical birth, ear cropping, tail docking, dewclaw removal, and debarking, on a pet animal shall be guilty of a misdemeanor.  For purposes of this subsection, "pet animal" shall have the same meaning as in section 711-1100.

(c)  In addition to the penalties provided in subsections (a) and (b), all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for disposition as it may choose to make."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112.

Report Title:

Veterinary Medicine; Criminal Penalties; Pet Animals

Description:

Prohibits pet animal owners and owners' employees from performing surgical procedures on pet animals, with certain exceptions.  Effective July 1, 2112.  (SB8 HD2)

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