DEPARTMENT OF STATE

Division of Professional Regulation

3300 Board of Veterinary Medicine

Statutory Authority: 24 Delaware Code, Section 3306(a) (24 Del.C. §3106(a))

24 DE Admin. Code 3300

PROPOSED

NOTICE OF PUBLIC HEARING

The Delaware Board of Veterinary Medicine will hold a hearing pursuant to 24 Del.C. §3306(a)(1) and 29 Del.C. §101 on Tuesday, October 10, 2006, at 1:00 P.M. in Conference Room A, Cannon Building, 861 Silver Lake Blvd., Suite 203, Dover, Delaware 19904. The Board is proposing changes to the following Sections.

Section 1.0 Supervision

Section 2.0 Unprofessional Conduct for Veterinarians

Section 4.0 Veterinary Premises and Equipment

Section 5.0 Qualifications for Veterinary Licensure by Examination and by Reciprocity

Section 6.0 Character Examination for Veterinarians

Section 7.0 Reciprocity for Veterinarians

Section 8.0 Licensure Renewal

Section 9.0 Continuing Education

Section 11.0 Qualification for Licensure as a Veterinary Technician

Section 12.0 Character of Examination for Veterinary Technician - Veterinary Technician,

National Examination

Section 13.0 Reciprocity for Veterinary Technicians

Section 14.0 Continuing Education for Veterinary Technicians

Section 15.0 Unprofessional Conduct for Veterinary Technicians

Section 16.0 Crimes Substantially Related to the Provision of Veterinary Medicine

Persons may view the proposed changes to the Regulations between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, at the Delaware Division of Professional Regulation Cannon Building, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904.

Persons may present their views in writing by mailing their views to the Board at the above address prior to the hearing, and the Board will consider those responses received before 10:00 a.m. on September 29, 2006, or by offering testimony at the Public Hearing. If the number of persons desiring to testify at the Public Hearing is large, the amount of time allotted to each speaker will be limited. There will be a reasonable fee charge for copies of the proposed changes.

3300 Board of Veterinary Medicine

1.0 Direct Supervision (24 Del.C. §3303(10) and (11))

1.1 Direct Supervision refers to the oversight of any person performing non-licensed support activities (support personnel) 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.The constant physical presence of the licensed veterinarian on the premises is not required, however, if the licensed veterinarian is accessible to support personnel by electronic means or has arranged for another supervising licensed veterinarian to be accessible by electronic means. All acts by support personnel not prohibited by Rule 1.2 which constitute the practice of veterinary medicine under 24 Del.C. §3302(6) must be performed under direct supervision. Direct supervision of support personnel also includes Supervision of veterinary technicians and support personnel is based on the following:

1.1.1 The initial examination of the animal by the veterinarian is to be performed prior to the delegation of work to be performed by support or veterinary technician personnel. The veterinarian may, however, authorize support or veterinary technician personnel to administer emergency measures prior to the initial examination.

1.1.2 The development of a treatment plan by the veterinarian that shall develop a treatment plan to be referenced by support and/or veterinary technician personnel.

1.1.3 The authorization by the veterinarian of must authorize the work to be performed by support and/or veterinary technician personnel. Whether tasks are appropriate to be delegated may differ from case to case.

1.2 At no time may support personnel perform the following activities (24 Del.C. §3303(10)):

1.2.1 Diagnosing.

1.2.2 Prognosing

1.2.3 Prescribing.

1.2.34 Inducing Anesthesia.

1.2.45 Performing Surgery.

1.2.56 Administration of Rabies Vaccinations.

1.2.67 Operative dentistry and oral surgery.

1.2.78 Centesis of body structures (not to include venipuncture and cystocentesis) in other than emergency situations.

1.2.89 The placement of tubes into closed body structures, such as chest tubes, in other than emergency situations (not to include urinary or IV catheters; see Section 1.5.1).

1.2.910 Splinting or casting of broken bones in other than emergency situations.

1.2.1011 Euthanasia.

1.2.1112 Issue health certificates.

1.2.12 Perform brucellosis, equine infectious anemia and tuberculosis tests and other tests which are regulated by federal and state guidelines.

1.3 At no time may licensed veterinary technicians perform the following activities (24 Del.C. §3303(11)):

1.3.1 Diagnosing.

1.3.2 Prognosing.

1.3.3 Prescribing.

1.3.4 Performing Surgery (excluding the tacking/suturing of intravenous and urinary catheters and nasal cannulae to skin).

1.3.5 Administration of Rabies Vaccinations.

1.3.6 Operative dentistry and oral surgery.

1.3.7 Centesis of body structures (not to include venipuncture and cystocentesis) in other than emergency situations.

1.3.8 The placement of tubes into closed body structures, such as chest tubes, in other than emergency situations (not to include urinary or IV catheters; see Section 1.6.2).

1.3.9 Splinting or casting of broken bones in other than emergency situations.

1.3.10 Euthanasia.

1.3.11 Issue health certificates.

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:

1.4.1 Immediate Supervision – A licensed veterinarian is within direct eyesight and/or hearing range.

1.4.2 Direct Supervision – A licensed veterinarian is physically present on the premises and is readily available.

1.4.3 Indirect Supervision – A licensed veterinarian is not on the premises but is able to perform the duties of a veterinarian by maintaining communication with and is accessible to support personnel, such as by electronic means.

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:

1.5.1 Immediate supervision: intubation, urethral catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary bladder disease); dental extractions with no periosteal elevation, no sectioning of tooth and no resectioning of bone.

1.5.2 Direct supervision: anesthesia maintenance and dental procedures including, but not limited to, removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.

1.6 If the veterinarian concludes based on the initial examination (required by paragraph 1.1.1) that delegation is appropriate, veterinary technicians may perform the following tasks only under the following supervision:

1.6.1 Immediate supervision: induction of anesthesia.

1.6.2 Direct supervision: intubation, anesthesia maintenance; arterial catheterization; urethral catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary bladder disease); cystocentesis; dental extractions with no periosteal elevation, no sectioning of tooth and no resectioning of bone; and dental procedures including, but not limited to, removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.

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.

1.8 Activities that may be performed under emergency conditions. Under conditions of emergencies, the following activities, which would be otherwise prohibited in the absence of veterinary supervision, may be performed by veterinary technicians or support personnel prior to the veterinarian’s initial examination:

1.8.1 application of tourniquets and/or pressure bandages to control hemorrhage,

1.8.2 administration of pharmacological agents, only to be performed after communication with a veterinarian authorized to practice in Delaware, and such veterinarian is either present or enroute to the distressed animal,

1.8.3 administration of parenteral fluids,

1.8.4 resuscitative procedures,

1.8.5 application of temporary splints or bandages to prevent further injury to bones or soft tissues,

1.8.6 application of appropriate wound dressings and external supportive treatment in severe wound and burn cases,

1.8.7 external supportive treatment in heat prostration cases,

1.8.8 and any other reasonable treatments necessary to an animal’s welfare in an emergency situation.

2.0 Unprofessional Conduct for Veterinarians (24 Del.C. §3313 §3316(a)(1))

2.1 Unprofessional conduct in the practice of veterinary medicine shall include, but not be limited to, the following:

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 required direct supervision as specified in Section 1.1 of the Rules & Regulations. 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.

2.1.4 Failing to arrange for supervision by another licensed veterinarian when not able to provide 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.

2.1.46 Use by a veterinarian of any certificate, college degree, license, or title to which he or she is not entitled.

2.1.57 Intentionally performing or prescribing treatment, which the veterinarian knows to be unnecessary, for financial gain.

2.1.68 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.

2.1.79 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.

2.1.810 Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.

2.1.810.1 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.

2.1.810.2 Housing should be kept in good repair to prevent injury to the animal.

2.1.810.3 Failure to take precautions to prevent the spread of communicable diseases in housing animals.

2.1.9 Leaving an animal during the maintenance stage of anesthesia.

2.1.1011 Improper labeling of prescription drugs. The package or label must contain:

2.1.1011.1 Name, strength, and quantity of the drug, and date dispensed;

2.1.1011.2 Usage directions.

2.1.1112 Failure to make childproof packaging available for prescription drugs upon the request of a client.

2.1.1213 Misrepresenting continuing education hours to the Board.

2.1.1314 Failure to obey a disciplinary order of the Board.

2.1.1415 Prescribing medication without examining the animal(s) within a period of one year.

2.1.1516 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.

5 DE Reg. 1897 (4/1/02)

5 DE Reg. 1962 (5/1/02)

6 DE Reg. 273 (9/1/02)

6 DE Reg. 950 (2/1/03)

3.0 Privileged Communications (24 Del.C. §331316(a)(7))

3.1 Privileged Communications.

Veterinarians must protect the personal privacy of patients and clients by not willfully revealing privileged communications regarding the diagnosis and treatment of an animal.

The following are not considered privileged communications:

3.1.1 The sharing of veterinary medical information regarding the diagnosis and treatment of an animal when required by law, subpoena, or court order or when it becomes necessary to protect the health and welfare of other individuals or animals.

3.1.2 The sharing of veterinary medical information between veterinarians or facilities for the purpose of diagnosis or treatment of animals.

3.1.3 The sharing of veterinary medical information between veterinarians and peace officers, humane society officers, or animal control officers who are acting to protect the welfare of individuals or animals.

4.0 Veterinary Premises & Equipment (24 Del.C. §331316(9))

4.1 The animal facility shall be kept clean. A regular schedule of sanitary maintenance is necessary, including the elimination of wastes.

4.2 Animal rooms, corridors, storage areas, and other parts of the animal facility shall be washed, scrubbed, vacuumed, mopped, or swept as often as necessary, using appropriate detergents and disinfectants to keep them free of dirt, debris, and harmful contamination.

4.3 Animal cages, racks, and accessory equipment, such as feeders and water utensils, shall be washed and sanitized as often as necessary to keep them physically clean and free from contamination. In addition, cages should always be sanitized before new animals are placed in them. Sanitizing may be accomplished either by washing all soiled surfaces with a cleaning agent having an effective bactericidal action or with live steam or the equivalent thereof.

4.4 Cages or pens from which animal waste is removed by hosing or flushing shall be cleaned and suitably disinfected one or more times daily. Animals should be removed from cages during servicing in order to keep the animals dry.

4.5 If litter or bedding such as paper is used in animal cages or pens, it shall be changed as often as necessary to keep the animals clean.

4.6 Waste disposal must be carried out in accordance with good public health practice and federal and state regulations. Waste materials should be removed regularly and frequently so that storage of waste does not create a nuisance.

4.7 Biomedical waste such as culture plates, tubes, contaminated sponges, swabs, biologicals, needles, syringes, and blades, must be disposed of according to federal and state guidelines. Before disposing of blood soiled articles, they shall be placed in a leak-proof disposable container such as a plastic sack or a plastic-lined bag.

4.8 Proper refrigeration and sterilization equipment should be available.

4.9 Adequate safety precautions must be used in disposing animal carcasses and tissue specimens. An animal carcass shall be disposed of promptly according to federal and state law and regulations. If prompt disposal of an animal carcass is not possible, it shall be contained in a freezer or stored in a sanitary, non-offensive manner until such time as it can be disposed. Livestock shall be disposed of by any acceptable agricultural method.

4.10 The elimination or effective control of vermin shall be mandatory.

5.0 Qualification for Veterinary Licensure by Examination As A Veterinarian (24 Del.C. §3307)§3313) and by Reciprocity (24 Del.C. § 3314).

5.1 The applicant shall file the following documents:

5.1.1 Completed application form obtained from the Board office. The application fee shall be set by the Division of Professional Regulation. The check for the application fee should be made payable to the State of Delaware.

5.1.2 Official transcript from an AVMA approved veterinary college or university or its equivalent (Educational Commission for Foreign Veterinary Graduates). 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.

5.1.3 Letters of good standing from any other jurisdictions in which the applicant is/or has been licensed.

5.1.4 North American Veterinary Licensing Examination (NAVLE) score or its successor or both the official National Board Examination (NBE) and Clinical Competency Test (CCT) scores, unless the reciprocity applicant meets the statutory exemptions in 24 Del.C. §33093314(b).

5.1.5 Check or money order for the amount established by the Division of Professional Regulation. The license fee shall by set by the Division of Professional Regulation. Fees should be made payable to the “State of Delaware”

5.2 Only completed application forms will be accepted. In the case of incomplete application forms, omissions will be noted to the applicant. Any information provided to the Board is subject to verification.

5.3 Applications for any licensure submitted by final year veterinary students enrolled in an AVMA accredited university for the purpose of taking the NAVLE 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.

6.0 Character of Examination for Veterinarians - North American Veterinary Licensing Examination (NAVLE) (24 Del.C. §3306)

6.1 Examination for licensure to practice veterinary medicine in the State of Delaware shall consist of the North American Veterinary Licensing Examination (NAVLE) after November 2000 or its successor.

6.1.1 The passing score for the NAVLE shall be the score as recommended by the National Board of Veterinary Medical Examiners or its successor.

7.0 Reciprocity for Veterinarians (24 Del.C. §3309§3314)

Applications for licensure by reciprocity shall be the same application used for licensure by examination and be subject to the same application requirements set forth in 24 Del.C. §3309§3314.

8.0 Licensure Renewal (24 Del.C. §3311)§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 date and upon payment of the renewal fee prescribed by the Division of Professional Regulation along with evidence 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 date may still renew his/her license during the one (1) year period immediately following the renewal date provided the licensee pay a late fee established by the Division of Professional Regulation in addition to the established renewal fee and submitting the continuing education requirements for renewal as specified in Section 9.0 for veterinarians and Section 14 for veterinary technicians.

9.0 Continuing Education for Veterinarians (24 Del.C. §3311 §3309(b))

9.1 Any veterinarian actively licensed to practice in the State of Delaware shall meet the following continuing education requirements to the satisfaction of the Board.

9.1.1 Twenty-four (24) hours of approved certified continuing education credits must be completed for the immediate two -year period preceding each biennial license renewal date.

9.1.2 The number of credit hours shall be submitted to the Board with each biennial license renewal application on the proper reporting form supplied by the Board. The continuing education credit hours shall be submitted to the Board no later than 60 days prior to the biennial license renewal date. The Board may audit the continuing education credit hours submitted by a licensee.

9.1.3 A veterinarian may apply to the Board in writing for an extension of the period of time needed to complete the continuing education requirement for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence.

9.1.4 The Board has the power to waive any part of the entire continuing education requirement. Exemptions to the continuing education requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the biennial license renewal date.

9.2 Continuing Education Requirements for Reinstatement of Lapsed License

9.2.1 Any veterinarian whose license to practice in the State of Delaware has lapsed and who has applied for reinstatement shall meet the following continuing education requirements to the satisfaction of the Board.

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.

9.3 Continuing Education Requirements for Reinstatement of Inactive License

9.3.1 Twenty-four (24) hours of continuing education credits must be submitted for licensees on the inactive roster who wish to remove their license from inactive status. The 24 hours of continuing education credits must have been completed within 2 years prior to the request for removal from inactive status.

9.4 The Board may approve continuing education courses or sponsors upon written application on Board supplied forms. In addition, the Board may approve continuing education courses or sponsors on its own motion.

9.5 The following organizations are approved for formal continuing education activities.

9.5.1 AVMA.

9.5.2 AVMA accredited schools.

9.5.3 Federal/State/County Veterinary Associations & USDA.

9.5.4 Compendium on Continuing Education for the Practicing Veterinarian; NOAH; VIN.

9.5.5 Registry of Approved Continuing Education (RACE) courses.

9.6 Accreditation by the Board of continuing education courses will be based upon program content. Continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine.

9.6.1 University course work, subject to Board approval.

9.6.2 Veterinary course work completed prior to graduation may be approved for continuing education credit for the first renewal period after graduation provided the course work was completed no more that 2 1/2 years before the renewal date.

9.6.3 Government Agencies.

9.6.4 Other forms of CE as long as and the activity is approved by the Board.

9.7 The Board may at any time re-evaluate an accredited course or sponsor and withdraw future approval of a previously accredited continuing education course or sponsor.

10.0 Voluntary Treatment Option

10.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.

10.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.

10.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).

10.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.

10.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 10.8 of this section.

10.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:

10.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.

10.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.

10.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.

10.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.

10.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.

10.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.

10.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.

10.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.

10.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.

10.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.

11.0 Qualification for Licensure by Examination as a Veterinary Technician (24 Del.C. §3319)

11.1 The applicant shall file the following documents:

11.1.1 Completed application form obtained from the Board office. The application fee shall be set by the Division of Professional Regulation. The check for the application fee should be made payable to the State of Delaware.

11.1.2 Official transcript from an AVMA-accredited veterinary technician program or from a foreign veterinary program approved by the AVMA or from completion of acceptable educational and/or experiential alternatives. The following educational and/or experience qualifications shall be considered acceptable alternatives for the purpose of veterinary technician licensure for a period of seven years following the enactment of the Law §3319(a)(1) provided that the Board may shorten this period:

11.1.2.1 a baccalaureate degree in animal science-related field as approved by the Board and 2625 hours of practical experience under the supervision of a licensed veterinarian(s),

11.1.2.2 a degree from a veterinary technician program that is not accredited by the American Veterinary Medical Association, as approved by the Board, and 2625 hours of practical experience under the supervision of a licensed veterinarian,

11.1.2.3 a baccalaureate degree in biology, chemistry, psychology, physics, or similar scientific field of study as approved by the Board and 3500 hours of practical experience under the supervision of a licensed veterinarian(s),

11.1.2.4 completion of 60 credit hours of coursework at the postsecondary educational level, as approved by the Board, and 5250 hours of practical experience under the supervision of a licensed veterinarian(s),

11.1.2.5 or a period of 7000 hours of practical experience under the supervision of a licensed veterinarian(s).

11.1.3 Letters of good standing from any other jurisdictions in which the applicant is/or has been licensed.

11.1.4 Veterinary Technician National Examination (VTNE) or its successor.

11.1.5 Check or money order for the license fee. The license fee shall by set by the Division of Professional Regulation. Fees should be made payable to the "State of Delaware."

11.2 Proof of education shall consist of a transcript sent directly from school to the Board.

11.3 Proof of practical experience shall consist of a notarized letter of endorsement from the supervising veterinarian(s).

11.4 Only completed application forms will be accepted. In the case of incomplete application forms, omissions will be noted to the applicant. Any information provided to the Board is subject to verification.

11.5 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.

12.0 Character of Examination for Veterinary Technicians – Veterinary Technician National Examination (VTNE) (24 Del.C. §3306)

12.1 Examination for licensure to practice veterinary medicine in the State of Delaware shall consist of the Veterinary Technician National Examination (VTNE) or its successor.

12.1.1 The passing score for the VTNE or its successor shall be the score as recommended by the American Association of Veterinary State Boards or its successor.

13.0 Reciprocity for Veterinary Technicians (24 Del.C. §3320)

Applications for licensure by reciprocity shall be the same application used for licensure by examination and be subject to the application requirements set forth in 24 Del.C. §3320.

14.0 Continuing Education for Veterinary Technicians (24 Del. C. §3309(b))

14.1 Any veterinary technician actively licensed to practice in the State of Delaware shall meet the following continuing education requirements to the satisfaction of the Board.

14.1.1 Twelve (12) hours of approved certified continuing education credits must be completed for the immediate two-year period preceding each biennial license renewal date.

14.1.2 The number of credit hours shall be submitted to the Board with each biennial license renewal application on the proper reporting form supplied by the Board. The continuing education credit hours shall be submitted to the Board no later than 60 days prior to the biennial license renewal date. The Board may audit the continuing education credit hours submitted by a licensee.

14.1.3 A veterinary technician may apply to the Board in writing for an extension of the period of time needed to complete the continuing education requirement for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence.

14.1.4 The Board has the power to waive any part of the entire continuing education requirement. Exemptions to the continuing education requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the biennial license renewal date.

14.2 Continuing Education Requirements for Reinstatement of Lapsed License

14.2.1 Any veterinary technician whose license to practice in the State of Delaware has lapsed and who has applied for reinstatement shall meet the following continuing education requirements to the satisfaction of the Board.

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.

14.3 Continuing Education Requirements for Reinstatement of Inactive License

14.3.1 Twelve (12) hours of continuing education credits must be submitted for licensees on the inactive roster who wish to remove their license from inactive status. The 12 hours of continuing education credits must have been completed within 2 years prior to the request for removal from inactive status.

14.4 The Board may approve continuing education courses or sponsors upon written application on Board supplied forms. In addition, the Board may approve continuing education courses or sponsors on its own motion.

14.5 The following organizations are approved for formal continuing education activities.

14.5.1 AVMA.

14.5.2 AVMA accredited schools.

14.5.3 Federal/State/County Veterinary Associations & USDA.

14.5.4 The NAVTA Journal, NAVTA-approved online continuing education

14.5.5 Registry of Approved Continuing Education (RACE) courses.

14.6 Accreditation by the Board of continuing education courses will be based upon program content. Continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine.

14.6.1 University course work, subject to Board approval.

14.6.2 Veterinary technician program course work completed prior to graduation may be approved for continuing education credit for the first renewal period after graduation provided the course work was completed no more that 2 1/2 years before the renewal date.

14.6.3 Government Agencies.

14.6.4 Other forms of CE as long as and the activity is approved by the Board.

14.7 The Board may at any time re-evaluate an accredited course or sponsor and withdraw future approval of a previously accredited continuing education course or sponsor.

15.0 Unprofessional Conduct for Veterinary Technicians (24 Del.C. §3316(a)(1))

15.1 Unprofessional conduct as a veterinary technician shall include, but not be limited to, the following:

15.1.1 performing the acts forbidden under Section 1.3 of the Rules and Regulations.

15.1.2 performing the tasks in Section 1.6 of the Rules and Regulations without the specified supervision.

15.1.3 Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.

15.1.4 Misrepresenting continuing education hours to the Board.

15.1.5 Failure to obey a disciplinary order of the Board.

15.1.6 Use by a veterinary technician of any certificate, college degree, license, or title to which he or she is not entitled.

15.1.7 Placement of veterinary technical 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.

1116.0 Crimes substantially related to the provision of Veterinary Medicine

1116.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the provision of Veterinary Medicine in the State of Delaware without regard to the place of conviction:

1116.1.1 Reckless endangering in the first degree. 11 Del.C. §604

1116.1.2. Abuse of a pregnant female in the second degree. 11 Del.C. §605

1116.1.3 Abuse of a pregnant female in the first degree. 11 Del.C. §606

1116.1.4 Assault in the second degree. 11 Del.C. §612

1116.1.5 Assault in the first degree. 11 Del.C. §613

1116.1.6 Terroristic threatening. 11 Del.C. §621 Felony

1116.1.7 Unlawfully administering drugs. 11 Del.C. §625

1116.1.8 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626

1116.1.9 Murder by abuse or neglect in the second degree. 11 Del.C. §633

1116.1.10 Murder by abuse or neglect in the first degree. 11 Del.C. §634

1116.1.11 Murder in the second degree. 11 Del.C. §635

1116.1.12 Murder in the first degree. 11 Del.C. §636

1116.1.13 Incest. 11 Del.C. §766

1116.1.14 Unlawful sexual contact in the first degree. 11 Del.C. §769

1116.1.15 Rape in the fourth degree. 11 Del.C. §770

1116.1.16 Rape in the third degree. 11 Del.C. §771

1116.1.17 Rape in the second degree. 11 Del.C. §772

1116.1.18 Rape in the first degree. 11 Del.C. §773

1116.1.19 Sexual extortion. 11 Del.C. §776

1116.1.20 Bestiality. 11 Del.C. §777

1116.1.21 Continuous sexual abuse of a child. 11 Del.C. §778

1116.1.22 Dangerous crime against a child. 11 Del.C. §779

1116.1.23 Female genital mutilation. 11 Del.C. §780

1116.1.24 Unlawful imprisonment in the first degree. 11 Del.C. §782

1116.1.25 Kidnapping in the second degree. 11 Del.C. §783

1116.1.26 Kidnapping in the first degree. 11 Del.C. §783A

1116.1.27 Dealing in children. 11 Del.C. §1100

1116.1.28 Endangering the welfare of a child. 11 Del.C. §1102

1116.1.29 Sexual exploitation of a child. 11 Del.C. §1108

1116.1.30 Unlawfully dealing in child pornography. 11 Del.C. §1109

1116.1.31 Possession of child pornography. 11 Del.C. §1111

1116.1.32 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112

1116.1.33 Sexual solicitation of a child. 11 Del.C. §1112A

1116.1.34 Obstructing the control and suppression of rabies. 11 Del.C. §1248

1116.1.35 Offenses against law-enforcement animals. 11 Del.C. §1250

1116.1.36 Use of an animal to avoid capture. 11 Del.C. §1257A (Felony)

1116.1.37 Hate crimes. 11 Del.C. §1304 (Felony)

1116.1.38 Cruelty to animals. 11 Del.C. §1325

1116.1.39 The unlawful trade in dog or cat by-products. 11 Del.C. §1325A

1116.1.40 Animals; fighting and baiting prohibited. 11 Del.C. §1326

1116.1.41 Maintaining a dangerous animal. 11 Del.C. §1327

1116.1.42 Abusing a corpse. 11 Del.C. §1332

1116.1.43 Promoting prostitution in the second degree. 11 Del.C. §1352

1116.1.44 Promoting prostitution n the first degree. 11 Del.C. §1353

1116.1.45 Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457 (Felony)

1116.1.46 Violations. 16 Del.C. §1136

1116.1.47 Prohibited acts A; penalties. 16 Del.C. §4751

1116.1.48 Prohibited acts B; penalties. 16 Del.C. §4752

1116.1.49 Unlawful delivery of noncontrolled substance. 16 Del.C. §4752A

1116.1.50 Prohibited acts C; penalties. 16 Del.C. §4753

1116.1.51 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3, 4 methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A

1116.1.52 Prohibited acts D; penalties. 16 Del.C. §4754

1116.1.53 Possession and delivery of noncontrolled prescription drug. 16 Del.C. §4754A

1116.1.54 Distribution to persons under 21 years of age; penalties. 16 Del.C. §4761

1116.1.55 Purchase of drugs for minors; penalties. 16 Del.C. §4761A

1116.1.56 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses. 16 Del.C. §4767

1116.1.57 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; penalties; defenses. 16 Del.C. §4768

1116.1.58 Unauthorized Acts against a Service Guide or Seeing Eye Dog (class D felony). 7 Del.C. §1717

1116.2 Crimes substantially related to the practice of Veterinary Medicine shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.

8 DE Reg. 1105 (2/1/05)

10 DE Reg. 531 (09/01/06) (Prop.)