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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2014

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24 DE Admin. Code 3300
Pursuant to 24 Del.C. §3306(a)(1), the Board of Veterinary Medicine has proposed revisions to its rules and regulations.
A public hearing will be held on March 11, 2014 at 1:15 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Board of Veterinary Medicine, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be March 26, 2014, which is 15 days following the public hearing. The Board will deliberate on all of the public comments at its regularly scheduled meeting on April 8, 2014 at 1:15 p.m., at which time the Board will decide whether to adopt the revisions as proposed.
The Board proposes amendments to Rule 11.0, addressing licensure of veterinary technicians. The revisions strike all references to licensure by educational and/or experiential alternatives. Pursuant to 24 Del.C. §3319(a)(1), these alternative methods of licensure expired effective October 1, 2013. As of October 1, 2013, all applicants for licensure as a veterinary technician must show a degree from a veterinary technician program accredited by the AVMA or from a foreign veterinary program approved by the AVMA. Other changes are needed to be consistent with Division of Professional Regulation procedures. Specifically, license renewal is accomplished online and the licensee attests to completion of the required continuing education.
(24 Del.C. §3303(10) and (11))
1.1 Supervision refers to the oversight of any person performing non-licensed support activities and/or licensed veterinary technician activities by a licensed Delaware veterinarian. Oversight includes control over the work schedule of the person performing support and/or veterinary technician activities and any remuneration the person receives for performing such activities.Oversight does not include remuneration paid directly to support personnel or veterinary technicians by the public. Supervision of veterinary technicians and support personnel is based on the following:
1.4 Levels of Supervision. All acts by support personnel and veterinary technicians not prohibited by Rule 1.2 and Rule 1.3 which constitute the practice of veterinary medicine under 24 Del.C. §3302 (6) must be performed under the supervision of a licensed veterinarian(s). Levels of supervision are to include:
1.5 If the veterinarian concludes based on the initial examination (required by paragraph 1.1.1) that delegation is appropriate, support personnel may perform the following tasks only under the following supervision:
1.7 Veterinarians (24 Del.C. §3315(a)) and veterinary technicians (24 Del.C. §3320 (a)) who are temporarily licensed shall be under the direct supervision of a licensed veterinarian.
(24 Del.C. §3313(a)(1))
2.1.1 Allowing support personnel to perform the acts forbidden under Section 1.2 or allowing licensed veterinary technicians to perform the acts forbidden under Section 1.3 of the Rules and Regulations.
2.1.2 Allowing support personnel to perform tasks in Section 1.5 of the Rules and Regulations without the specified supervision or allowing veterinary technicians to perform the tasks in Section 1.6 without the specified supervision.
2.1.3 Failing to be accessible to support or veterinary technician personnel by electronic means in a reasonable timeframe to provide off-site supervision for activities requiring indirect supervision as required by Section 1.4 of the Rules and Regulations.
2.1.5 Representation of conflicting interests except by express consent of all concerned. A licensee represents conflicting interests if while employed by a buyer to inspect an animal for soundness he or she accepts a fee from the seller. Acceptance of a fee from both the buyer and the seller is prima facie evidence of fraud.
2.1.6 Use by a veterinarian of any certificate, college degree, license, or title to which he or she is not entitled.
2.1.7 Intentionally performing or prescribing treatment, which the veterinarian knows to be unnecessary, for financial gain.
2.1.8 Placement of professional knowledge, attainments, or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.
2.1.9 Destruction of any part of a patient's records before a minimum of three (3) years have elapsed from the last entry in the medical record shall be considered unprofessional conduct. Records are to include, but are not limited to, information such as written or electronic documentation, rabies records, radiographs, ultrasounds, laboratory, and histopathological results.
2.1.10 Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.
2.1.10.1 Animal housing (such as cages, shelters, pens and runs) should be designed with maintaining the animal in a state of relative thermal neutrality, avoiding unnecessary physical restraint, and providing sanitary conditions and convenient access to appropriate food and water. If animals are group housed, they should be maintained in compatible groups without overcrowding.
2.1.10.2 Housing should be kept in good repair to prevent injury to the animal.
2.1.10.3 Precautions should be taken to prevent the spread of communicable diseases in housing animals.
2.1.11 Improper labeling of prescription drugs. The package or label must contain the following information, either typed or in legible handwriting:
2.1.11.3 Name, strength and quantity of the drug, and date dispensed;
2.1.11.4 Specific usage directions, describing the exact method by which the drug must be administered. A prescription without specific directions, or a prescription bearing the notation "as directed" without specific directions, may not be prepared or dispensed.
2.1.12 Failure to make childproof packaging available for prescription drugs upon the request of a client.
2.1.13 Misrepresenting continuing education hours to the Board.
2.1.14 Failure to obey a disciplinary order of the Board.
2.1.15 Prescribing medication without examining the animal(s) within a period of one year.
2.1.16 Advertising an emergency hospital or clinic or emergency services without including in the advertisement the hours during which such emergency services are provided and the availability of the veterinarian who is to provide the emergency services, or failing to provide such services during the hours advertised. The availability of the veterinarian who is to provide emergency service shall be specified as either “veterinarian on premises” or “veterinarian on call” The phrase “veterinarian on call” shall mean that a veterinarian is not present at the hospital, but is able to respond within a reasonable time to requests for emergency services and has been designated to so respond.
(24 Del.C. §3316(a)(7))
(24 Del.C. §3313 (9))
(24 Del.C. §3313) and by Reciprocity (4 Del.C. §3314)
5.1.2 Official transcript from an AVMA approved veterinary college or university. If an applicant is not a graduate of an AVMA-accredited veterinary school or college, the applicant must possess either a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), or its successor, or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, or its successor.
(24 Del.C. §3306)
(24 Del.C. §3314)
(24 Del.C. §3309)
8.1 All licenses are renewed biennially (every 2 years). A licensee may have his/her license renewed by submitting a renewal application to the Board by the renewal license expiration date and upon payment of the renewal fee prescribed by the Division of Professional Regulation along with evidence attestation of completion of continuing education requirements. Continuing education requirements for renewal are specified in Section 9.0 for veterinarians and Section 14 for veterinary technicians. The failure of the Board to give, or the failure of the licensee to receive, notice of the expiration date of a license shall not prevent the license from becoming invalid after its expiration date.
8.2 Any licensee who fails to renew his/her license by the renewal license expiration date may still renew his/her license during the one (1) year period immediately following the renewal license expiration date provided the licensee pay a late fee established by the Division of Professional Regulation in addition to the established renewal fee, and submit the renewal application and attest to completing the continuing education requirements for renewal as specified in Section 9.0 for veterinarians and Section 14 for veterinary technicians.
(24 Del.C. §3309(b))
9.1.2.2 Attestation may shall be completed electronically. if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion can be submitted;
9.2.1.1 Lapse of 12 to 24 months. Twenty-four (24) hours of continuing education credits must be completed. The 24 hours of continuing education credits must have been completed within 2 years prior to the request for reinstatement.
9.2.1.2 Lapse of over 24 months. Thirty-six (36) hours of continuing education credits must be completed. The 36 hours of continuing education credits must have been completed within 4 years prior to the request for reinstatement.
9.5.4 Compendium on Continuing Education for the Practicing Veterinarian; NOAH; VIN.
(24 Del.C. §3319)
11.1.2 Official transcript from an AVMA-accredited veterinary technician program or from a foreign veterinary program approved by the AVMA. or documentation of completion of acceptable educational and/or experiential alternatives. The following educational and/or experience qualifications shall be considered acceptable alternatives to licensure only if the applicant’s application has been approved by the Board no later than October 1, 2013. If an applicant does not pass the examination set forth in Section 11.1.4 within one year after the date of approval of the application, in order to pursue licensure, the applicant shall re-apply for licensure and submit the application fee. Any applicant who re-applies after October 1, 2013 shall have received a degree from a veterinary technician program accredited by the AVMA or from a foreign veterinary program approved by the AVMA.
11.43 Only completed application forms will be accepted. Any information provided to the Board is subject to verification.
11.54 Applications for any licensure submitted by final year veterinary technician students enrolled in an AVMA-accredited program for the purpose of taking the VTNE exam will be considered complete only upon proof of the applicant’s graduation. Such applicants must demonstrate probability of graduation and will not be considered for any licensure until proof of graduation is submitted to the Board.
(24 Del.C. §3306)
(24 Del.C. §3309(b))
14.1.2.2 Attestation may shall be completed electronically. if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion can be submitted;
14.2.1.1 Lapse of 12 to 24 months. Twelve (12) hours of continuing education credits must be completed. The 12 hours of continuing education credits must have been completed within 2 years prior to the request for reinstatement.
14.2.1.2 Lapse of over 24 months. Eighteen (18) hours of continuing education credits must be completed. The 18 hours of continuing education credits must have been completed within 4 years prior to the request for reinstatement.
14.5.4 The NAVTA Journal, NAVTA-approved online continuing education
(24 Del.C. §3316(a)(1))
16.1.13 Incest. 11 Del.C. §766
16.1.20 Bestiality. 11 Del.C. §777
16.1.37 Hate crimes. 11 Del.C. §1304 (Felony)
Last Updated: December 31 1969 19:00:00.
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