SB2502.DOC

SECTION 1. The purpose of this Act is to improve the level of care of animals in the State by establishing registration requirements for veterinary technicians.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Veterinary technicians

§ -1 Definitions. As used in this chapter:

"Board" means the board of veterinary examiners, as defined in section 471-1.

"Veterinary technician" means an individual, whether registered under this chapter, who is formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine or who represents oneself to be a veterinary technician.

§ -2 Registration required; exceptions. (a) No person shall practice or offer to practice as a veterinary technician, either gratuitously or for pay, or shall announce or advertise either publicly or privately as prepared or qualified to so practice, or affix any letters to the person's name with the intent thereby to imply that the person is a registered veterinary technician, without having a valid unrevoked certificate of registration from the board of veterinary examiners.

(b) Nothing in this chapter shall prevent or prohibit:

(1) Any person from treating any animal without expectation or receipt of compensation 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 animal belonging to the owner;

(3) Students in an educational program for veterinary technicians from participating in activities conducted as part of the educational program under the supervision and guidance of a licensed veterinarian or registered veterinary technician;

(4) Individuals who are employed by a licensed veterinarian and are trained to do only a very limited number of diagnostic or therapeutic procedures from carrying out those procedures under the direction of the licensed veterinarian;

(5) Any person from practicing as a veterinary technician in the employ of the United States government while engaged in the performance of the person's official duties;

(6) Any person licensed to practice as a veterinarian 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 a licensed veterinarian 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, appoint a place to meet patients, or receive calls within the limits of the State; or

(7) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry.

(c) The board shall establish educational and training standards with which a person applying for a certificate of registration as a veterinary technician shall comply.

§ -3 Power to investigate. The board or any member thereof, or any person designated by the board for the purpose, may investigate any violation or suspected violation of this chapter. Each member of the board may administer oaths in connection with any such investigation.

§ -4 Registration. (a) Except as otherwise provided in this chapter or in rules adopted by the board, the board shall issue a certificate of registration to engage in the practice as a veterinary technician to all applicants who meet the requirements of this chapter and any rules adopted by the board, and who pay the required registration fee.

(b) All certificates of registration issued by the board shall expire on June 30 of each even-numbered year next following the date of issuance. Failure to renew the certificate of registration on or before June 30 of each even-numbered year shall automatically constitute a forfeiture of the certificate of registration; provided that the certificate of registration shall be restored upon compliance with rules adopted by the board.

(c) Notwithstanding any other provision to the contrary, no registration shall expire while the registered individual is serving on active duty in the armed forces of the United States during any emergency declared by the President or Congress and six months after the termination thereof.

§ -5 Refusal to grant, revocation, and suspension of a registration. (a) In addition to any other actions authorized by law, the board may refuse to grant, renew, reinstate or restore a registration for any cause that would be ground for revocation of a certificate registration under the law or rules adopted by the board.

(b) In addition to any other actions authorized by law, the board may revoke or suspend the certificate of registration of any veterinary technician, fine a registered individual, or both, for any cause authorized by law or rules adopted by the board.

§ -6 Hearings. In every case where it is proposed to refuse to grant, renew, reinstate, or restore a certificate of registration or to revoke or suspend the certificate of registration for cause, the person concerned shall be given notice and opportunity for hearing in conformity with chapter 91.

In all proceedings before it, the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order or subpoena of the board or any member thereof or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, any circuit judge, on application by the board or any member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein.

§ -7 Violations; penalties. Any person who violates or fails to comply with any provision of this chapter shall be fined not more than $1,000 for each violation.

§ -8 Rules and regulations. The board of veterinary examiners shall adopt, amend, or repeal rules pursuant to chapter 91 to establish the requirements for the registration of veterinary technicians, including basic educational and examination requirements, and to otherwise effectuate the purposes of this chapter."

SECTION 3. This Act shall take effect on July 1, 2014; provided that section 2 shall take effect on July 1, 2017.

INTRODUCED BY:

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THE SENATE	S.B. NO.	2502
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII