Vet 100-700

CHAPTER Vet 100 ORGANIZATIONAL RULES

PART Vet 101 PURPOSE AND SCOPE

Vet 101.01 Purpose. The rules of this title implement the statutory responsibilities of the board of veterinary medicine under RSA 332-B, the New Hampshire Veterinary Practice Act, which include but are not limited to:

(a) Examination and licensing of veterinarians;

(b) Oversight and discipline of licensees and permittees;

(d) Development of continuing professional education requirements and other prerequisites for the renewal or reinstatement of licenses;

(e) Study and preservation of information concerning the practice of veterinary medicine and the practice of allied occupations; and

(f) Identification and prevention of the unauthorized practice of veterinary medicine.

Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by 5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6480, eff
3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21

Vet 101.02 Scope.

(a) These rules shall apply to all persons regulated by the board.

(b) The following shall be deemed by the board, pursuant to RSA 332-B:2, to be accepted livestock management practices and not the practice of veterinary medicine:

(1) Equine farrier services;

(2) Hoof trimming;

(3) Equine massage; and

(4) Equine filing or “floating” of teeth by non-motorized hand tools without sedation.

Source. #7417, eff 12-21-00; ss by #9386, eff 2-11-09

PART Vet 102 DEFINITIONS

Vet 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

(a) “Animal” means “animal” as defined in RSA 332-B:1, I;

(b) “Animal shelter” means a public or private humane society, animal shelter, society for the prevention of cruelty to animals, animal protection or control agency, or animal rescue group that provides shelter and care for homeless animals;

(c) “Approved provider of continuing education” means any person, professional association, university or college, corporation, or other entity that has met the requirements of the board to provide educational courses that are designed to assure continued competence in the practice of veterinary medicine or veterinary technology;

(d) “Approved program of continuing education” means an educational program approved by the board or offered by an approved provider of continuing education;

(e) “Accredited veterinary medical program” means a school of veterinary medicine or a veterinary medical education program that has been approved by the American Veterinary Medical Association (AVMA);

(f) “Accredited veterinary technology program” means a school of veterinary technology or a veterinary technology education program or a veterinary nursing program that has been approved by the AVMA;

(g) “Board of veterinary medicine (Board)” means “Board” as defined in RSA 332-B:1, VIII;

(h) “Client” means an entity, person, group, or corporation that has entered into an agreement with a licensed veterinarian for the purposes of obtaining veterinary medical services;

(i) “Clinical Competency Test (CCT)” means the national clinical examination given prior to November 2000;

(j) “Complainant” means the individual(s) submitting written allegations of professional misconduct against a person licensed by the board;

(k) “Complementary and alternative veterinary medicine or therapies” means a heterogeneous group of preventive, diagnostic, and therapeutic philosophies and practices that are not considered part of conventional veterinary medicine. These therapies include but are not limited to:

(1) Veterinary acupuncture, acutherapy, and acupressure;

(2) Veterinary homeopathy;

(3) Veterinary manual or manipulative therapy such as therapies based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy;

(4) Veterinary nutraceutical therapy; and

(5) Veterinary phytotherapy;

(l) “Consultation” means when a licensed veterinarian receives advice or assistance in person, telephonically, electronically, or by any other method of communication, from a licensed veterinarian or other person whose expertise, in the opinion of the licensed veterinarian, would benefit an animal;

(m) “Continuing education” means training which is designed to assure continued competence in the practice of veterinary medicine or veterinary technology;

(n) “Continuing education contact hour” means a 50 to 60-minute clock hour of instruction, not including breaks or meals;

(o) “Conviction” means conviction of a crime by a court of competent jurisdiction and includes a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered on admission of guilt, a consent plea, a plea of nolo contendere, or a guilty plea;

(p) “Direct supervision” means supervision where the supervising veterinarian is on the premises of the animal treatment facility and is available on an immediate basis and has given written or oral instructions for treatment of the animal patients involved;

(q) “Educational Commission for Foreign Veterinary Graduates (ECFVG)” means a program to test educational equivalency of graduates of non-AVMA accredited schools;

(r) “Examination” means a written or oral test approved by the board and given to a veterinarian;

(s) “Felony” means a criminal act as defined by this state or any other state under federal law;

(t) “Immediate supervision” means the supervising veterinarian is in the immediate area and within audible and visual range of the animal patient and the person treating the patient;

(u) “Indirect supervision” means supervision where the supervising veterinarian is not required to be in the same facility or in close proximity to the individual being supervised but the supervising veterinarian:

(1) Has given written or oral instructions for treatment of the animal patients involved; and

(2) Is available to provide supervision by electronic or telephonic means; and

(3) Has arranged for telephonic consultation with a licensed veterinarian, if necessary.

(v) “Informed consent” means the licensed veterinarian has informed the client or the client’s authorized representative, in a manner understood by the client or representative, of the diagnostic and treatment options, risk assessment, and prognosis, and has provided the client with an estimate of the charges for veterinary services to be rendered and the client has consented to the recommended treatment;

(w) “Jurisdiction” means any commonwealth, state, or territory, including the District of Columbia, of the United States of America, or any province of Canada;

(x) “Licensed veterinarian” means “licensed veterinarian” as defined in RSA 332-B:1, V;

(y) “Licensure transfer” means the method whereby a veterinarian or a veterinary technician currently licensed in another jurisdiction can also become licensed as a veterinarian or veterinary technician in New Hampshire;

(z) “Medical records” means all written or electronic progress notes, laboratory results, documentation of informed client consent, cage charts, dental charts, surgical reports, anesthesia reports, and diagnostic imaging including, but not limited to, radiographs, ultrasound, and other images. The term excludes invoices and financial documentation;

(aa) “National Board Examination (NBE)” means the national examination given prior to November 2000;

(ab) “National Board of Veterinary Medical Examiners (NBVME)” means the national board that establishes examinations for use by state veterinary boards;

(ac) “New Hampshire Professionals’ Health Program (NH PHP)” means the program for substance abuse disorders, behavioral/mental health conditions and other issues impacting the health and well-being of the licensee;

(ad) “North American Veterinary Licensing Examination (NAVLE)” means the national board examination first given in November 2000;

(ae) “Permittee” means a person holding a temporary permit pursuant to RSA 332-B:12 and this term excludes licensed veterinarians;

(af) “Person” means “person” as defined in RSA 332-B:1, VII;

(ag) “Practice of Veterinary Medicine” means “practice of veterinarian medicine” as defined in RSA 332-B:1, III;

(ah) “Premises” means veterinary facility as defined below;

(ai) “Program for the Assessment of Veterinary Education” means “PAVE” as defined in RSA 332-B:1, XII;

(aj) “Respondent” means a licensee, permittee, or other person holding a right or privilege issued by the board who is the subject of a board investigation or hearing;

(ak) “Specialist” means AVMA-recognized board-certified veterinary specialist;

(al) “Supervising veterinarian” means a licensed veterinarian who assumes responsibility for the professional veterinary care performed by a person working under his or her direction;

(am) “Telemedicine” means the practice of veterinary medicine by any electronic or telephonic or similar means;

(an) “Veterinarian” means “veterinarian” as defined in RSA 332-B:1;

(ao) “Veterinarian manager” is a licensed veterinarian who supervises the management and operation of a veterinary facility. This term includes medical director;

(ap) “Veterinary facility” means any premises, place, or facility where the practice of veterinary medicine is performed, including but not limited to, a mobile clinic, outpatient clinic, humane society, rescue, shelter, breeder, satellite clinic, or veterinary hospital or clinic, or premises of a client;

(aq) “Veterinary Information Verifying Agency (VIVA)” means the agency that keeps the national disciplinary database;

(ar) “Veterinarian-Client-Patient Relationship (VCPR)” means the licensed veterinarian has assumed responsibility for making medical judgements regarding the health of the animal(s) and the need for medical treatment;

(as) “Veterinary technician” means an individual who is credentialed to practice veterinary technology, and the term includes “veterinary nurse”.

(at) “Veterinary assistant” means a person who aids a veterinarian or veterinary technician in patient care who is not qualified as a veterinary technician.

Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6480, eff
3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21 (formerly Vet 102.02)

PART Vet 103 AGENCY ORGANIZATION

Vet 103.01 Composition of the Board. Pursuant to RSA 332-B:3, I, the board shall consist of 7 members who meet the eligibility requirements of RSA 332-B:3, I and II. There are 5 practicing licensed veterinarians, one representative of the general public unconnected with the veterinary profession, and the state veterinarian, ex officio.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21

Vet 103.02 Officers.

(a) The board elects a president for a one-year term commencing in March. The president chairs the board's meetings, establishes the order of its business and directs the activities of its staff, consistent with the formal actions of the board.

(b) The board elects a vice president for a one-year term commencing in March. The vice president performs the duties specified in RSA 332-B:5 and performs the duties of the president in the absence of the president.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21

Vet 103.03 Office Location, Mailing Address and Telephone.

(a) The board's office is located at 7 Eagle Square, Concord, New Hampshire 03301 and is part of the Office of Professional licensure and Certification. The office is open to the public Monday through Friday, excluding holidays, during regular business hours.

(b) Correspondence shall be sent to the Office of Professional Licensure and Certification at 7 Eagle Square, Concord New Hampshire 03301.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21 (formerly Vet 103.04)

PART Vet 104 REQUESTS FOR INFORMATION

Vet 104.01 Requests. The public may make requests for information which shall be in writing, such as requests pursuant to RSA 91-A:4, the New Hampshire Right to Know Law.

Source. #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21

Vet 104.02 Fees. The Office of Professional Licensure and Certification shall charge the fees listed in Plc 1001.01 for the copying of documents.

Source. #6480, eff 3-29-97; ss by #7417, eff 12-21-00; ss by #9386, eff 2-11-09; ss by #13269, eff 9-29-21

CHAPTER Vet 200 RULES OF PROCEDURE

PART Vet 201 FILING OF COMPLAINTS

Vet 201.01 Commencement of Proceedings.

(a) The board shall consider all written complaints alleging misconduct by licensees and permittees.

(b) Should the majority of the board determine that a violation pursuant to RSA 332-B:14 might have occurred based on any information that comes to its attention, and an inquiry into the conduct of any licensee is warranted, the board shall initiate a disciplinary investigation. If the board believes there is credible evidence that a violation has occurred pursuant to RSA 332-B:14, II, it shall take action pursuant to RSA 332-B:14, III.

Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #4430, eff 6-02-88; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES:
6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.02)

Vet 201.02 Appointment of Investigator.

(a) The president shall appoint a board member, or other person who has expertise in the area of the alleged complaint and hired pursuant to RSA 332-B:7, V-a, to investigate a written complaint or to conduct a board initiated-investigation.

(b) When a board member is appointed to act as investigator, said member shall take no part in any subsequent decision of the board regarding the matter.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.03)

Vet 201.03 Settlement During Investigation.

(a) When consistent with the board's instructions, and the nature of the allegations involved, an investigator shall engage a licensee or permittee, and a complainant, if any, in discussions which might result in a mutually satisfactory settlement of the misconduct allegations being investigated.

(b) If an agreement can be reached, the investigator shall file a report with the board recommending that it approve the settlement agreement.

(c) The board shall evaluate the nature and severity of the complaint and consider the investigation settlement agreement to see if the final action is appropriate for the seriousness of the complaint, as agreed by the majority of the board.

(d) If the board declines to accept the recommendation, the investigation shall continue or a hearing order shall be issued.

Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.04)

Vet 201.04 Obligation to Answer Allegations.

(a) At any time during an investigation or disciplinary hearing the investigator or, if no investigator has been appointed, the board, shall direct the respondent to reply to specific allegations in writing by mailing the respondent a written statement of allegations.

(b) In addition to what is required by RSA 332-B:15, VII, the statement of allegations shall include the following information:

(1) A summary of each act of unprofessional conduct, incompetency, gross negligence, or other misconduct, or any other act in violation of RSA 332-B:14 which the complainant claims the respondent to be guilty of in connection with his or her business as a veterinarian; and

(2) A list of presently known witnesses to the relevant events.

Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; amd by #4430, eff 6-02-88; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES:
6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.05)

Vet 201.05 Answer to Statement of Allegations. Within 30 days from the receipt of statement of allegations, the respondent shall provide the investigator with a written reply which contains the following information:

(a) Licensee’s legal name, any aliases, physical home address, phone number, email (if applicable), and work address(es) regardless whether the location is where the complaint occurred, and the phone number to contact or another preference for contact;

(b) The name of the attorney, if any, representing the respondent;

(d) A summary of each defense to each allegation of misconduct or any other act in violation of RSA 332-B:14; and

(e) A list of presently known witnesses to the relevant events.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.06)

Vet 201.06 Investigator's Report to the Board.

(a) The investigator shall prepare a report to the board summarizing the position of the parties and shall include a recommendation as to whether a disciplinary hearing should be held and the issues to be included in said hearing.

(b) The report shall include:

(1) Complainant name, address, phone number, and other contact information;

(2) Respondent name, legal home address and phone number;

(3) Case number;

(4) List of interviews;

(5) List of documents;

(6) List of prior letters of concern with summary of content or attached as appendices; and

(7) List of prior settlements and discipline or attached as appendices.

(1) Dismiss the complaint if the investigation discloses no credible evidence that a violation has occurred;

(2) Commence a hearing if the investigator does disclose credible evidence that a violation has occurred; or

(3) Investigate further if:

a. The investigator’s report does not provide enough information to reach a decision; or

b. The investigator discovers other potential acts of misconduct.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.07)

Vet 201.07 Action Without Investigation.

(a) When the board possesses facts that public health, safety, or welfare is at risk, the board shall take emergency action under RSA 332-B:15-a or schedule a disciplinary hearing under RSA 332-B:15 without further investigation.

(b) The licensee shall be notified immediately, in writing, of the suspension and shall be provided a hearing within 10 days of the effective date of suspension.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21 (formerly Vet 201.08)

Vet 201.08 Action Without Investigation. When the board possesses facts that public health, safety or welfare is at risk, the board shall take emergency action under RSA 332-B:15-a or schedule a disciplinary hearing under RSA 332-B:15 without further investigation. The licensee shall be notified immediately, in writing, of the suspension and shall be provided a hearing within 10 days of the effective date of suspension.

New. #9464-A, eff 4-23-09

PART Vet 202 DISCIPLINARY HEARINGS

Vet 202.01 Date of Issuance or Filing. All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.02 Format of Documents.

(a) All correspondence, pleadings, motions, or other documents filed under these rules shall:

(1) Be on the board’s letterhead;

(2) Include the title and docket number of the proceeding, if known;

(3) Be typewritten or clearly printed on durable paper 8 1⁄2 by 11 inches in size;

(4) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(5) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Vet 202.03.

(b) A party’s or representative’s signature on a document filed with the board shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information, and belief, there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.03 Delivery of Documents.

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions, or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party.

(d) When a party appears by a representative, delivery of a document to the party’s representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.04 Computation of Time.

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday, or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday, or legal holiday.

Source. #4430, eff 6-2-88; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.05 Notice.

(a) Whenever the board determines that a disciplinary hearing shall be held, the parties shall be given at least 15 days’ written notice of such hearing. The notice shall be served on the parties either personally or by certified mail, return receipt requested.

(b) The notice shall include:

(1) The time, place, and nature of the hearing;

(2) A statement of the legal authority under which the hearing is held;

(3) A reference to the particular sections of the statutes and rules involved;

(4) A short and plain statement of the issues involved;

(5) A statement that each party has the right to have an attorney present to represent the party at the party’s expense; and

(6) A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.06 Appearances and Representation. A party or the party’s representative shall file an appearance that includes the following information:

(a) A brief identification of the matter;

(b) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.07 Pre-hearing Conferences.

(a) The board may hold a pre-hearing conference at any time prior to a hearing. The parties or their counsel shall be requested to attend the conference. A representative of the board shall be designated as the presiding officer.

(b) The parties attending the pre-hearing conference shall consider the following:

(1) Stipulations, admissions, and settlement;

(2) Identification, clarification, and simplification of the issues;

(3) Identification of and limitations on the number of witnesses and exhibits either party may seek to introduce at the hearing; and

(4) Such other matters as might aid in the disposition of the complaint.

(c) The presiding officer shall issue and serve upon all parties a pre-hearing order incorporating all actions taken and agreements reached at the pre-hearing conference.

(d) Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause, withdraw from any hearing.

(e) Good cause under (d) above shall exist if a presiding officer or agency official:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, with any party; or

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

(f) Mere knowledge of the issues, the parties, or any witness shall not constitute good cause for withdrawal.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.08 Waiver of Rules by Presiding Officer. The presiding officer, upon his or her own initiative or upon the motion of any party, shall waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver appears to be lawful, and would be more likely to promote the fair, accurate, and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.09 Postponements.

(a) Any party or intervenor to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses, or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement, or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time, and place are known at the time of the hearing that is being postponed, the date, time, and place shall be stated on the record. If the later date, time, and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time, and place of the postponed hearing as soon as practicable.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.10 Hearing Procedures.

(a) Board hearings shall be open to the public.

(b) The investigator shall open the proceedings through production of witnesses and exhibits, and shall be followed by the witnesses and exhibits of the respondent. Members of the board shall ask questions of witnesses during or subsequent to direct or cross-examination, and each party shall produce such additional evidence as the board deems necessary to an understanding and determination of the issues.

(c) Any oral, documentary, tangible, or demonstrative evidence shall be received. The board shall exclude irrelevant, immaterial, or unduly repetitious evidence and shall apply evidentiary privileges recognized by law.

(d) The board shall direct the parties to submit legal memoranda or other written statements whenever such submissions will assist the board in reaching a decision and would not unduly delay the proceedings.

(e) No party and no person acting on behalf of a party shall make ex parte communications to the board.

(f) The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

(g) Subsequent to the hearing, the board shall meet and reach its decision by majority vote based solely upon the evidence presented at the hearing. The board's decision shall be based on a preponderance of the evidence, taking into consideration the fact that the burden of proof is on the complainant.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.11 Effect of Intervention and Rights of an Intervenor.

(a) Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.

(b) Notwithstanding the provisions of this chapter, an intervenor’s right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.12 Role of Complainants and Board Staff.

(a) Complainants shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene.

(b) Unless called as witnesses, board staff shall have no role in any hearing.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 202.13 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09 (from Vet 202.11); ss by #13269, eff 9-29-21

Vet 202.14 Retention of Written Decisions. The board shall keep a decision on file in its records for at least 6 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09 (from Vet 202.12); ss by #13269, eff 9-29-21

Vet 202.15 Hearing Officers. Pursuant to RSA 332-B:7, IV, the board shall designate one of its members, other than the investigator, to act as a hearing officer in an adjudicatory proceeding.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09 (formerly Vet 202.13); ss by #13269, eff 9-29-21

Vet 202.16 Public Notice of Disciplinary Action. When the board takes disciplinary action due to misconduct pursuant to RSA 332-B:14, II, (a)-(p) and RSA 332-B:14, III, (a)-(e), the board shall post a copy of the board's decision in at least 2 places which would be suitable for posting public meeting notices under RSA 91-A:2, II. This rule shall apply to disciplinary actions taken with and without the agreement of the licensee, and it shall not be waived.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09 (formerly Vet 202.14); ss by #13269, eff 9-29-21

PART Vet 203 PETITIONS FOR RULEMAKING

Vet 203.01 Petitions for Rulemaking.

(a) Any person may seek the adoption, amendment, or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4.

(b) Each petition for rulemaking shall contain:

(1) The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity, and the name and address of the representative authorized by the entity to file the petition;

(2) A statement of the purpose of the petition, whether the adoption, amendment, or repeal of a rule;

(3) If amendment or adoption of a rule is sought, the text proposed;

(4) If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed;

(5) Reference to the statutory provision that authorizes or supports the rulemaking petition; and

(6) Information or argument useful to the board when deciding whether to begin the rulemaking process.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 203.02 Disposition of Petitions for Rulemaking.

(a) The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

(b) The board shall grant the petition for rulemaking if the adoption, amendment, or repeal sought would not result in:

(1) A rule that is not within the rulemaking authority of the board;

(2) Duplication of a rule or of a statutory provision;

(3) Inconsistency between the existing rules and the statutory mandate of the board;

(4) Inconsistency of administrative rules one with another; or

(5) Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness.

(c) The board shall within 30 days of the Board meeting following the receipt of a sufficient petition dispose of it in the following manner:

(1) By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

(2) By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

(d) The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

PART Vet 204 PUBLIC COMMENT HEARINGS

Vet 204.01 Purpose. The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 204.02 Public Access and Participation.

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Vet 204.03.

(b) People who wish to testify shall be asked to write on the speaker's list:

(1) Their full names and addresses; and

(2) The names and addresses of organizations, entities, or other persons whom they represent, if any.

(c) Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for the time period specified in the notice published in the state’s rulemaking register.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 204.03 Limitations on Public Participation. The board's chair or other person designated by the board to preside over a hearing shall:

(a) Refuse to recognize for speaking or revoke the recognition of any person who:

(1) Speaks or acts in an abusive or disruptive manner;

(2) Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

(3) Is unduly repetitious with their testimony; and

(b) Limit presentations on behalf of the same organization or entity to no more than 3 individuals, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 204.04 Conduct of Public Comment Hearings.

(a) Public comment hearings shall be attended by a quorum of the board.

(b) Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing.

(1) Call the hearing to order;

(2) Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

(3) Recognize those who wish to be heard;

(4) If necessary, establish limits pursuant to Vet 204.03 and Vet 204.04;

(5) If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

(6) If necessary, postpone or move the hearing to another physical location or, if allowed by law or the governor’s emergency order, to a remote hearing; and

(7) Adjourn or continue the hearing.

(d) A hearing shall be postponed in accordance with RSA 541-A:11, IV when:

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

(2) The board chair or other person designated by the board to preside over the hearing is ill or unavoidably absent; or

(3) Postponement will facilitate greater participation by the public.

(e) A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

(f) A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

PART Vet 205 DECLARATORY RULINGS

Vet 205.01 Requests for Declaratory Rulings.

(a) Any person may request a declaratory ruling by the board if that person is directly affected by RSA 332-B or by any administrative rule.

(b) A request for a declaratory ruling shall be in a writing containing:

(1) The name and address of the individual or entity making the request;

(2) The text of the ruling being requested;

(3) The reasons for the request; and

(4) The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 205.02 Documents Required to Support Requests for Declaratory Rulings.

(a) A request for a declaratory ruling shall be accompanied by:

(1) A statement citing the statutory law, regulatory law, and orders believed to support the ruling being requested;

(2) A statement of the facts believed to support the ruling being requested; and

(3) Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

(b) A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 205.03 Processing Requests for Declaratory Rulings.

(a) Within 30 days of receiving a request for a declaratory ruling, the board shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

(b) If additional information should be needed, the board shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Vet 205.01(b)(4) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 205.04 Issuance and Publication of Declaratory Rulings.

(a) When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts.

(b) When the established facts show that the board lacks subject matter or personal jurisdiction to issue a declaratory ruling, the board shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction.

(c) Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

Vet 205.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the board and to the person requesting it and shall be confined to the facts presented pursuant to Vet 205.02 (a)(2) - (a)(3) and in response to a request of the board made pursuant to Vet 205.03 (b).

Source. #9464-A, eff 4-23-09; ss by #13269, eff 9-29-21

PART Vet 206 EXPLANATION OF ADOPTED RULES

Vet 206.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:

(a) The name and address of the person making the request; or

(b) If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

Source. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13269, eff 9-29-21

Vet 206.02 Contents of Explanation. The board shall, within 90 days of receiving a request in accordance with Vet 206.01, provide a written response which:

(a) Concisely states the meaning of the rule adopted;

(b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

Source. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13269, eff 9-29-21

PART Vet 207 WAIVER OF SUBSTANTIVE RULES

Vet 207.01 Petitions for Waiver.

(a) Any interested person may request the board to waive any rule not covered by Vet 202.08 by filing an original and 2 copies of a petition pursuant to Vet 203.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver. No statutory requirements shall be waived.

(b) Petitions for waivers of substantive rules shall address whether:

(1) Adherence to the rule would cause the petitioner hardship;

(2) The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

(3) Waiver of the rule would be consistent with the statues and regulatory programs administered by the board;

(4) Waiver of the rule would injure third persons; and

(c) If examination of the petition reveals that the proposed relief might substantially affect other persons, the board shall require service of the petition on such persons and advise them that they may file a reply to the petition which includes the following:

(1) The name and address of the respondent;

(2) The name and address of the representative of the respondent, if any;

(3) A concise statement of any additional or different facts which warrant the board acting in the manner requested by the respondent;

(4) A citation to any statutes, rules, orders or other authority, not identified in the petition, having a bearing upon the subject matter of the petition;

(5) The action which the respondent wishes the board to take; and

(6) The respondent’s signature and date.

(d) The petitioner shall provide such further information or participate in such evidentiary or other proceedings, as ordered by the board after reviewing the petition and any replies received.

(e) A petition for waiver of a rule which does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without prior notice or further hearing.

(f) The board shall initiate a waiver or suspension of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard and issuing an order which finds that waiver would be consistent with the criteria of (b), above.

(g) For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:

(1) Adherence to the rule would cause the petitioner hardship;

(2) Waiver or suspension of the rule would be consistent with the statutes and regulatory programs administered by the department;

(3) Waiver or suspension of the rule would not injure third persons; and

(4) Waiver or suspension is necessary due to factors outside the control of the petitioner.

(h) The board shall approve a waiver of an administrative rule request, for the time period requested, only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 332-B; and

(2) The petitioner shows or has shown good cause exists, as described in (g) above, to waive the rule.

Source. #13522, eff 1-19-23

CHAPTER Vet 300 REGISTRATION OR LICENSING REQUIREMENTS

PART Vet 301 APPLICATION PROCEDURES

Vet 301.01 Application Procedures.

(a) Each applicant for a license to practice veterinary medicine shall complete and submit the form “Application for Veterinary Licensure” revised 8/2022.

(b) The form shall:

(1) Require the applicant’s social security number for the purpose of child support enforcement in compliance with RSA 161-B:11.

(2) Be signed and dated by the applicant; and

(3) Be accompanied by the application fee described in Vet 305.01.

(d) The applicant for licensure shall submit the application and all supporting documentation to complete the licensing application process within 6 months of the board’s receipt of the application or any of the required documents. If the applicant fails to provide the documentation within 6 months, the application shall be considered abandoned, and the board will notify the applicant.

(e) If the board, after receiving and reviewing a completed license application packet requires further information or documents to determine the eligibility for licensure, the board shall:

(1) So notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(f) Within 60 days of the date the initial application is completed, the board shall issue written approval, or intent to deny, the application.

(g) The applicant shall submit or cause to have submitted through the American Association of Veterinary State Board’s Veterinary Application for Uniform Licensure Transfer (VAULT) portal the following documents in addition to the application:

(1) Scores forwarded directly from Veterinary Information Verifying Agency (VIVA) that prove the applicant has passed both the National Board Exam (NBE) and the Clinical Competency Test (CCT), or the North American Veterinary Licensing Exam (NAVLE);

(2) Verification of licensure submitted directly to the board from each state or jurisdiction where the applicant has ever been licensed;

(3) Certified transcripts shall be sent directly to the board from the veterinary school. If transcripts are not in English, an officially translated copy shall be forwarded to the board;

(4) An applicant who graduated from a veterinary school not accredited by the American Veterinary Medical Association (AVMA) shall have the AVMA submit a letter to the board verifying that the Educational Commission for Foreign Veterinary Graduates (ECFVG) certification program was completed; or, if applicable, a certified copy of the Certificate of Qualification issued by the Canadian Veterinary Medical Association shall be forwarded to the board;

(5) A current curriculum vitae (CV) or resume;

(6) Two letters of recommendation sent directly to the board from practicing veterinarians who can attest to the veterinary abilities of the applicant within the last 5 years. Applicants who have graduated in the current calendar year and who have not been practicing shall be exempt from this requirement; and

(7) Detailed information of pending complaints or disciplinary action taken in another state or jurisdiction relating in any way to the practice of veterinary medicine.

(h) Any material misrepresentation on such application shall disqualify the applicant.

(i) An applicant applying through this state to take the NAVLE may access both the National Board of Veterinary Medical Examiners (NBVME) NAVLE application and the NAVLE online approval form via the NBVME website. The applicant shall submit both directly to the NBVME by the deadlines posted on that website.

(j) If an applicant possesses a United States Department of Justice Drug Enforcement Administration (DEA) number to prescribe schedules II-IV controlled substances pursuant to RSA 318-B:33, the applicant for licensure shall register with the NH prescription drug monitoring program (PDMP), pursuant to RSA 318-B:33, II and Ph 1503.01 (a). Failure to register within 90 days of the initial issuance of a license shall constitute professional misconduct and shall be grounds for disciplinary action. A licensee shall not engage in the prescribing or dispensing of controlled substances in schedules II-IV without having registered with the PDMP.

(k) The license shall be issued under the legal name of the licensee and that shall be the name used by the licensed veterinarian in all practice publications, advertising, and billing material.

Source. #1557, eff 4-1-80; amd by #1887, eff 12-14-81; ss by #2294, eff 2-1-83; amd by #2558, eff 12-27-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; amd by #5834, eff
6-2-94; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09; ss by #12080, eff 12-30-16; ss by #13467, eff 12-19-22

Vet 301.02 Abandonment of Application. An application shall be deemed abandoned when the applicant fails to complete the application/licensure process within 6 months of the board’s initial receipt of any required information.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

PART Vet 302 QUALIFICATIONS

Vet 302.01 Qualifications. Each applicant for licensure by the board shall:

(a) Be 18 years of age or more;

(b) Have graduated from an AVMA accredited veterinary school or any other veterinary school that meets the minimum standards established by the AVMA for its approval, or have obtained an ECFVG or PAVE certificate or other certification program completed by the applicant that meets the ECFVG or PAVE program minimum standards in the view of the board in the application review;

(d) Have a passing grade of 70% or higher for both the NBE and the CCT, or the NAVLE.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13467, eff 12-19-22

Vet 302.02 Good Professional Character.

(a) Good professional character shall include but not be limited to:

(1) Traits including honesty, trustworthiness, diligence, and reliability that are relevant to and have a rational connection with the applicant’s present fitness to practice veterinary medicine;

(2) No conviction for any crime which would impair the individual’s worthiness and ability to serve as a professional licensed veterinarian pursuant to RSA 332-G:10;

(3) No behavioral problem which endangers the welfare or personal safety of clients, patients, or other veterinary personnel; and

(4) No practice within the state of New Hampshire within the previous 5 years without an active license.

(b) If the applicant has had a criminal conviction, suspended license, or revoked license the board shall consider the following when determining good professional character:

(1) Age and maturity at the time the criminal act was committed;

(2) The degree of culpability required for conviction of the crime, license suspension, or license revocation and any mitigating factors including motive for commission of the crime or licensing offense;

(3) The classification of the criminal act and the seriousness of actual and potential harm to persons or property;

(4) Criminal and licensure history and the likelihood that conduct will be repeated;

(5) The permissibility of service as a professional licensed veterinarian within the terms of any parole or probation;

(6) Proximity or remoteness in time of the criminal conviction, license suspension, or license revocation;

(7) Whether the criminal history or suspension or revocation of a license to practice impaired the applicant’s ability to practice; and

(8) Any evidence offered which would support good professional character.

Source. #9464-B, eff 4-23-09

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13467, eff 12-22

PART Vet 303 JURISPRUDENCE EXAMINATION

Vet 303.01 Examination Subjects. Applicants shall be prepared to be examined in the laws and rules affecting the practice of veterinary medicine in New Hampshire.

New. #9464-B, eff 4-23-09 (from Vet 303.02), EXPIRED:
4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13467, eff 12-19-22

Vet 303.02 Passing Grade and Retention of Examination. A passing score on the examination shall be 90%. All examinations shall be retained at the board office for a period of 3 years and destroyed thereafter.

Source. #1887, eff 12-14-81; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00; ss by #7710, eff 6-21-02; ss by #9464-B, eff 4-23-09 (from Vet 303.03), EXPIRED:
4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13567, eff 12-19-22

PART Vet 304 RECIPROCITY

Vet 304.01 Reciprocity Application Procedures.

(a) The candidate for reciprocity shall:

(1) Have been licensed in another jurisdiction for at least 5 years; and

(2) Have practiced clinical veterinary medicine for at least 1,000 hours during 3 of the previous 5 calendar years with a minimum of 3,000 practice hours.

(b) An applicant seeking reciprocity shall apply by submitting the application described in Vet 301.01(a) and comply with the requirement for completion of the submission described in Vet 301.01(c);

(c) An applicant seeking to qualify through reciprocity shall submit all documents described in Vet 301.01(f) except for letters of recommendation described in Vet 301.01(f)(6);

(d) The documents required by (c) above shall be submitted by the applicant as described in Vet 301.01(f) (1) through (7) or the applicant shall have the required documents submitted through the Association of Veterinary State Board’s VAULT portal.

Source. #1887, eff 12-14-81; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #6859, eff 9-30-98; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13467, eff 12-19-22

PART Vet 305 TEMPORARY PERMIT

Vet 305.01 Definitions.

(a) "Direct supervision" means that there is a licensed veterinarian on the premises of the animal treatment facility or in a physically related structure who is available for in-person consultation on an immediate basis if necessary.

(b) "Indirect supervision" means there is no licensed veterinarian on the premises of the animal treatment facility, but a licensed veterinarian has given written or oral instructions for treatment of the animal patients involved and has arranged for telephone consultation with a licensed veterinarian, if necessary.

(c) "Permittee" means a person holding a temporary permit pursuant to RSA 332-B:12. A permittee is not a "licensed veterinarian" for purposes of these rules.

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

Vet 305.02 Application for Temporary Permit.

(a) An application for a temporary permit shall submit the following:

(1) A complete application as defined in Vet 301.01 and all supporting documents except for Vet 301.01(f)(1);

(2) A written statement sent directly to the board from the New Hampshire licensed veterinarian agreeing to supervise the applicant’s practice in accordance with these rules and stating the practice where the permittee will be working; and

(3) The payment for the application fee set forth in Plc 1002.44.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13467, eff 12-19-22 (formerly Vet 305.03)

Vet 305.03 Obligations of Temporary Permit.

(a) The permittee shall:

(1) Practice under the supervising veterinarian recognized in Vet 305.01;

(2) Notify the board, in writing, within 5 days if employment is terminated;

(3) Meet all the requirements of Vet 302 except Vet 302.01(d); and

(4) Take and pass the New Hampshire jurisprudence examination described in Vet 303.

(b) The temporary permit shall:

(1) Be valid for no more than one year from the date issued; and

(2) Not be renewable.

(1) Be responsible for the permittee’s actions;

(2) Provide a written statement to the board and the permittee within 5 days of early termination of the agreement to supervise.

(d) The temporary permit holder shall sit for the first available set of examinations described in Vet 301.02(d) following the date the temporary permit is issued.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13467, eff 12-19-22 (formerly Vet 305.02)

Vet 305.04 Approval or Denial of a Temporary Permit.

(a) If the board, after receiving and reviewing a completed application for temporary permit packet requires further information or documents to determine the eligibility for the temporary permit, the board shall:

(1) So notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(b) Within 60 days of the date the renewal application is completed, the board shall issue written approval or, intent to deny, the application.

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board within 60 days of the board's notification of license denial.

Source. #13467, eff 12-19-22

PART Vet 306 FEES

Vet 306.01 Fees.

(a) Fees shall be assessed pursuant to RSA 332-B:7, III according to the following schedule:

(1) The examination and initial licensing fee including a temporary permit shall be $175.00;

(2) The fee for annual license renewal applied for before December 31 shall be $150.00;

(3) The fee for annual license renewal applied for after December 31 shall be $200.00;

(4) The fee for copies of laws and rules shall be $25.00;

(5) The fee for replacement of license certificate shall be $10.00;

(6) The fee for a mailing list on paper shall be $25.00; an e-mailed list shall be $15.00; general information shall be $.50 per page; and

(7) The fee for verification of licensure shall be $20.

Source. #7418, eff 12-21-00; ss by #7792, eff 11-22-02; ss by #9023, eff 11-8-07; ss by #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

Vet 306.02 Insufficient Funds. The applicant and/or renewing veterinarian shall be charged a fee of $25 or 5 percent of the face amount of the check, whichever is greater, plus all bank fees, in addition to the amount of the check, for any check returned due to insufficient funds.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

Vet 306.03 Refunds. No refunds shall be granted once the application or the renewal process is initiated.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

CHAPTER Vet 400 CONTINUED STATUS

PART Vet 401 RENEWAL

Vet 401.01 Application for Renewal. Each applicant for license renewal under RSA 332-B:13 shall file an application on a form provided by the board.

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

Vet 401.02 Extension of Time.

(a) The board shall grant an extension of time for obtaining continuing education hours providing the licensee complies with the following:

(1) A request for an extension shall be made in writing prior to expiration date of license;

(2) The licensee states what form of continuing education he or she is attending and when; and

(3) The licensee notifies the board when the continuing education hours have been accumulated.

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff
2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

PART Vet 402 REVOCATION, SUSPENSION AND OTHER SANCTIONS

Vet 402.01 Disciplinary Sanctions.

(a) Upon finding misconduct the board shall determine which sanctions to impose by considering the:

(1) Severity of the offense;

(2) Licensee’s history of misconduct;

(3) Licensee’s state of mind at the time of the offense;

(4) Licensee’s acknowledgment of his or her wrongdoing;

(5) Licensee’s willingness to cooperate with the board’s investigation;

(6) Purpose of the rule or statute violated;

(7) Potential harm to public health and safety; and

(8) Nature and extent of the enforcement activities required of the board as a result of the offense.

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

Vet 402.02 Disciplinary Action in Another Jurisdiction.

(a) Failure of a licensee to notify the board within 15 days of disciplinary action in another jurisdiction shall result in disciplinary action of up to and including revocation of New Hampshire veterinary license if the same offense would result in disciplinary action in New Hampshire.

(b) The licensee shall have details of the disciplinary action forwarded to the board directly from that jurisdiction within 30 days of the action.

Source. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

PART Vet 403 CONTINUING EDUCATION

Vet 403.01 Continuing Education Requirements. The applicant shall provide the name and date of Board approved continuing education programs attended during the previous calendar year, and the number of hours of attendance at each program on the renewal application to demonstrate compliance with the 12 hour minimum continuing education requirements set forth in RSA 332-B:13, III.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

PART Vet 404 ONGOING REQUIREMENTS

Vet 404.01 Change of Address. Each licensed veterinarian shall notify the board of any change of his or her address within 30 days of the change.

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

PART Vet 405 VETERINARY ASSISTANT/TECHNICIAN

Vet 405.01 Assistant's/Technician’s Acts and Conduct. Any person, not a licensed veterinarian, who assists a veterinarian in the care and treatment of animals shall be the professional responsibility of the veterinarian being assisted, who shall personally train and supervise the assistant/technician. The assistant's/technician’s acts and conduct shall be deemed at all times to be the acts and conduct of the licensed veterinarian employing her or him. For the purpose of this rule, assistant and technician shall be deemed equivalent.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRES: 1-28-20

CHAPTER Vet 500 ETHICAL STANDARDS

PART Vet 501 UNPROFESSIONAL CONDUCT

Vet 501.01 Adoption of Principles of Veterinary Medical Ethics. All licensed veterinarians shall comply with the Principles of Veterinary Medical Ethics of the AVMA as revised August 2019 and available as noted in Appendix II except where the vet rules have a stricter requirement.

Source. #1557, eff 4-1-80; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09; ss by #12080, eff 12-30-16; ss by #13466, eff 10-21-22

Vet 501.02 Violations of Principles of Veterinary Medical Ethics. Conduct which violates the Principles of Veterinary Medical Ethics of the AVMA as revised April 2016 shall constitute unprofessional or dishonorable conduct pursuant to RSA 332-B:14, II(c).

Source. #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09; ss by #12080, eff 12-30-16

Vet 501.03 Veterinary Specialists.

(a) No veterinarian shall identify him or herself as a member of an AVMA-recognized specialty organization if such certification has not been awarded and maintained. Only those veterinarians who have been certified by an AVMA-recognized veterinary specialty organization shall refer to themselves as specialists.

(b) All licensees shall clearly identify their level of veterinary degree and expertise, whether they are specialists or not, to the client to avoid confusion so that the client may seek an appropriate level of care.

Source.. #13466, eff 10-21-22

Vet 501.04 Specialty Facilities Naming Guidelines.

(a) A facility that provides services by AVMA-recognized board-certified veterinary specialist(s) shall be referred to as a specialty referral facility.

(b) In order to use the term specialty or referral in the name of a facility, more than half of the total average veterinary hours worked per week shall be worked by AVMA-recognized board-certified veterinary specialists as described in Vet 501.03.

(c) In order to use the terms “specialty”, “specialist”, “referral”, or similar in the facilities name, a facility shall offer AVMA recognized specialty services provided by an AVMA board-certified veterinary specialist(s) and shall not provide general practice services on a regular basis.

Source.. #13466, eff 10-21-22

PART Vet 502 EMERGENCY COVERAGE AND AFTER HOURS CARE

Vet 502.01 Emergency Coverage.

(a) The licensed veterinarian shall be available for follow-up evaluation or provide guidance to clients for veterinary emergency coverage, and continuing care and treatment.

(b) The licensed veterinarian shall disclose what his or her usual and customary business hours are when establishing a veterinarian-client-patient-relationship (VCPR).

Source. #5311, eff 1-21-92, EXPIRED: 1-21-98

New. #6859, eff 9-30-98; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13466, eff 10-21-22

Vet 502.02 After Hours Care. The licensed veterinarian shall disclose to the client who will be providing the supervision of the patient at any time a patient is on the premises, including, but not limited to, overnight hospitalization.

Source. #13466, eff 10-21-22

PART Vet 503 EUTHANASIA

Vet 503.01 Adoption of AVMA Guidelines for the Euthanasia of Animals: 2020 Edition. All licensed veterinarians shall comply with the AVMA Guidelines for the Euthanasia of Animals: 2020 Edition, available as noted in Appendix II and except where vet rules have a stricter requirement.

Source. #13466, eff 10-21-22

CHAPTER Vet 600 PRACTICE OF VETERINARY MEDICINE

PART Vet 601 ACUPUNCTURE

Vet 601.01 Acupuncture Defined. "Acupuncture" means inserting needles into the tissue of living animals for the production of counter-irritation.

Source. #1697, eff 1-1-81; ss by #2294, eff 2-1-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff
3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. 13453, eff 9-29-22

Vet 601.02 License Required.

(a) Acupuncture performed on an animal shall be considered the practice of veterinary medicine and shall be performed only by persons authorized to practice under RSA 332-B and the rules of this title.

(b) The terms "application" and "technique" shall include acupuncture.

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13453, eff 9-29-22

PART Vet 602 EMBRYO TRANSFERS

Vet 602.01 Surgical Embryo Transfers. Surgical embryo transfers in animals shall be considered the practice of veterinary medicine and shall be performed only by persons authorized to practice under RSA 332-B and the rules of this title.

Source. #2413, eff 7-5-83; ss by #2892, eff 10-26-84; ss by #5024, eff 12-4-90; ss by #6450, INTERIM, eff 2-8-97, EXPIRES: 6-8-97; ss by #6481, eff 3-29-97; ss by #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. 13453, eff 9-29-22

PART Vet 603 TELEMEDICINE

Vet 603.01 Practice of Telemedicine.

(a) The practice of veterinary medicine includes telemedicine and shall be conducted within a veterinarian-client-patient relationship (VCPR). Persons who are not licensed in New Hampshire as veterinarians, shall not provide remote veterinary telemedicine services to a client or patient in New Hampshire through telephonic, electronic, or another technological method.

(b) The requirement in (a) above shall not prohibit the following:

(1) Provision of consulting services to an attending veterinarian who has established a valid VCPR; and

(2) On-call or other coverage arrangements among veterinarians who regularly practice at the same physical location and within the practice of the veterinarian who initially established the VCPR, when the veterinarian has current access to the patient’s current and prior medical record.

Source. #13453, eff 9-29-22

PART Vet 604 VETERINARY CLIENT PATIENT RELATIONSHIP (VCPR)

Vet 604.01 Establishing a VCPR. A VCPR shall be established only through an in-person physical examination by the licensed veterinarian or an in-person site visit by the licensed veterinarian.

Source. #13453, eff 9-29-22

Vet 604.02 Maintaining a VCPR. A VCPR shall expire unless an in-person physical examination or an in-person site visit has been completed by the licensed veterinarian in the prior 365 days.

Source. #13453, eff 9-29-22

CHAPTER Vet 700 VETERINARY MEDICAL RECORDS

PART Vet 701 RECORD MAKING AND KEEPING

Vet 701.01 Daily Reports.

(a) Every licensed veterinarian shall make daily written reports in the medical records of the animals he or she treats as follows:

(1) Records for companion animals and horses shall be kept for each animal, but records for livestock, as defined in RSA 21:34-a excluding horses, may be maintained on a group or client basis;

(2) The records shall be readily retrievable and shall be kept by the veterinary facility, practice owner, or licensed veterinarian medical director in the event that the veterinary practice owner is not a licensed veterinarian, for a period of at least 5 years following the last treatment or examination; and

(3) This record-making and keeping requirement in (1) and (2) above shall apply to any practice of veterinary medicine regardless of when, where, and how it was done or the reason the services were performed.

(b) The records required by Vet 701.01(a) shall include, but not be limited to, the following:

(1) Name, address, and telephone number of the animal’s owner on each page of the medical record;

(2) Name, number, or other identification, such as microchip, tattoo, or ear tag, of the animal or group on each page of the medical record;

(3) Species, breed, age, sex, and color of the animal;

(4) Immunization record;

(5) Beginning and ending dates of custody of the animal;

(6) Date and time of visits and treatments;

(7) Reason for visit;

(8) An pertinent history of the animal’s condition as it pertains to its medical status;

(9) Physical examination including:

(a) Whether within normal limits, abnormal, or not examined; and

(b) Absolute data as applicable, including, but not limited to:

a. Weight;

b. Temperature;

c. Heart rate; and

d. Respiratory rate;

(10) Laboratory, radiology and imaging, and ancillary services or data and interpretation;

(11) Assessment, prognosis, and provisional or final diagnosis;

(12) Plan for testing, diagnostics, and treatment;

(13) All treatments and medications administered, prescribed, or dispensed:

a. Including time, dose, and route of administration; and

b. Response to treatment;

(14) Surgery and anesthesia, including but not limited, to medications, materials, and vital signs;

(15) Progress of the case;

(16) Documented authorization by the client consenting to or declining of recommendations, and their associated risks, benefits, and costs;

(17) Cage charts, dental charts, surgical reports, and anesthesia monitoring records;

(18) All communications with clients whether in person, over the phone, in written or electronic form or via another method;

(19) An accurate description of dental procedures, including duration and identity of the practice team members involved in the procedure; and

(20) Discharge instructions.

(d) Medical records shall be legible.

(e) The author of medical record entries shall be permanently and uniquely identified, by code numbers or letters, initials, or signatures, in a manner that is understood by anyone examining such records.

(f) Sufficient information shall be entered in the history and examination portions of the record to justify the tentative diagnosis, problems, and treatment.

Source. #7418, eff 12-21-00; amd by #7710, eff 6-21-02, paras. (b)(c) EXPIRED: 12-21-08; ss by #9464-B, eff
4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13454, eff 9-28-22

Vet 701.02 Transfer of Records.

(a) The original physical records shall be the property of the practice, shelter, or facility at which care was provided except that the licensed veterinarian shall comply with any request by the animal’s owner for a copy of the records within one week. A minimal fee may be charged but the sending of the copies shall not be contingent upon payment of any prior outstanding balance or this fee.

(b) All previous veterinary medical records relating to the animal, not the owner, shall become available to the new owner of an animal.

(c) Unique, non-digital radiographs and ultrasonographic images shall be transferred to the new veterinarian if requested by the animal’s owner but shall be returned to the original veterinarian. The new veterinarian may make copies of the images if needed.

(d) Medical records exclude financial and billing information.

Source. #7418, eff 12-21-00, EXPIRED: 12-21-08

New. #9464-B, eff 4-23-09, EXPIRED: 4-23-17

New. #12842, INTERIM, eff 8-1-19, EXPIRED: 1-28-20

New. #13454, eff 9-28-22

APPENDIX I

Rule	Specific State Statute Which the Rule Implements
Vet 101.01 thru 101.02	RSA 332-B:1-a; RSA 332-B:7, I, II, & IV
Vet 102.01	RSA 332-B:1
Vet 103.01	RSA 332-B:3, I
Vet 103.02 thru 103.03	RSA 332-B:5; RSA 332-B:7, VI
Vet 103.04	RSA 332-B:7, VI
Vet 104.01	RSA 91-A:4
Vet 104.02	RSA 332-B:7-a, VII

Vet 201.01	RSA 332-B:7, IV, and RSA 332-B:14
Vet 201.02 thru 201.05	RSA 332-B:15, I, II, & III
Vet 202.05	RSA 332-B:16, III(a),(b)
Vet 202.06	RSA 541-A:30, III
Vet 202.07	RSA 332-B:16, IV
Vet 202.08 thru 202.09	RSA 541-A:30, III
Vet 202.01 thru 202.04	RSA 541-A:30, III

Vet 202.05	RSA 332-B:16, III(a)(b)
Vet 202.06	RSA 541-A:30, III
Vet 202.07	RSA 332-B:16, IV
Vet 202.08 thru 202.09	RSA 541-A:30, III
Vet 202.10	RSA 332-B:16, I, II(a), & VI
Vet 202.11 thru 202.12	RSA 541-A:32
Vet 202.13 thru 202.14	RSA 541-A:30, III
Vet 202.15	RSA 332-B:7, IV
Vet 202.16	RSA 91-A:2, II
Vet 203.01 thru 203.02	RSA 541-A:4
Vet 204.01 thru 204.05	RSA 541-A:11, I-V; RSA 541-A:16, I (b) (3)
Vet 205.01 thru 205.05	RSA 541-A:16, I (a) and (d)
Vet 206.01 thru 206.02	RSA 541-A:11, VII

Vet 207.01	RSA 541-A:16, I(b)

Vet 301.01	RSA 332-B:9; RSA 318-B:41
Vet 301.02	RSA 332-B:7-a, I
Vet 302.01 and 302.02	RSA 332-B:9 & RSA 332-B:11
Vet 303.01 and 303.02	RSA 332-B:10
Vet 304.01	RSA 332-B:11

Vet 305.01 thru 305.03	RSA 332-B:12

Vet 304.01 and 304.02	RSA 332-B:12
Vet 305.01 thru 305.03	RSA 332-B:7, III
Vet 306.01	RSA 332-B:13, I
Vet 306.02 thru 306.03	RSA 332-B:7, III
Vet 401.01	RSA 332-B:13, I, II, & III
Vet 401.02	RSA 332-B:13, III
Vet 402.01 thru 402.02	RSA 332-B:14, II, & III
Vet 403.01	RSA 332-B:13, III
Vet 404.01	RSA 332-B:13, I
Vet 405.01	RSA 332-B:7-a, X

Vet 501.01	RSA 332-B:9
Vet 501.02	RSA 332-B:9
Vet 501.03	RSA 332-B:7-a, II
Vet 501.04	RSA 332-B:7-a, XII
Vet 502.01	RSA 332-B:7-a, VI
Vet 502.02	RSA 332-B:7-a, XII
Vet 503.01	RSA 332-B:7-a, VI

Vet 601 thru 604	RSA 332-B:1, III
Vet 700	RSA 332-B:7-a, XII

APPENDIX II

Rule	Material Incorporated	How Materials May Be Obtained
Vet 501.01 thru 501.02	Principles of Veterinary Medical Ethics of the AVMA, August 2019	Electronic via AVMA website, https://www.avma.org/resources-tools/avma-policies/principles-veterinary-medical-ethics-avma
Vet 503.01	AVMA Guidelines for the Euthanasia of Animals: 2020 Edition	Electronic via AVMA website, https://olaw.nih.gov/avma-guidelines-2020.htm