NAC: CHAPTER 638 - VETERINARIANS

[Rev. 9/29/2008 12:29:22 PM]

CHAPTER 638 - VETERINARIANS

GENERAL PROVISIONS

638.001 Definitions.

638.005 “Board” defined.

638.006 “Direct supervision” defined.

638.007 “Emergency” defined.

638.009 “Immediate supervision” defined.

638.011 “Indirect supervision” defined.

638.0115 “Licensed veterinarian” defined.

638.012 “Licensed veterinary technician” defined.

638.013 “Mobile clinic” defined.

638.014 “School of veterinary medicine” defined.

638.015 “Solicitation” defined.

638.016 “Supervising veterinarian” defined.

638.0165 “Unlicensed veterinary assistant” defined.

638.017 “Vaccination clinic” defined.

638.0175 “Veterinarian-client-patient relationship” interpreted.

638.018 “Veterinary facility” defined.

638.0185 “Veterinary intern” defined.

638.0195 “Practice of veterinary medicine” interpreted.

638.020 Deviation from regulations.

638.030 Severability.

638.033 Notification of change of address, place of employment or telephone number.

638.040 Communications; payment of fees.

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

638.0405 Duties of Executive Director.

CONTINUING EDUCATION

638.041 Prerequisites for renewal of license; effect of noncompliance.

638.042 Courses deemed approved by Board.

638.0423 Attestation to compliance with requirements; maintenance of documentation of completion.

638.0425 Audits of licensees to ensure compliance with requirements.

638.043 Renewal of license without meeting requirements.

LICENSING

638.0433 Practice without license: Issuance of citation; assessment of administrative fine.

638.0435 Additional requirements for licensure.

638.0437 Display of license.

638.044 Renewal of inactive license.

638.0445 Restoration of inactive license to active status; ground for revocation of license.

638.0447 Reinstatement of forfeited license; ground for revocation of license.

PROFESSIONAL AND ETHICAL STANDARDS

638.045 Malpractice, negligence and incompetence.

638.046 Adoption by reference of “Principles of Veterinary Medical Ethics”; effect of violation.

638.047 Neglect or discontinuance of services.

638.0475 Maintenance and availability of records; cessation of practice without providing for continuation of treatment.

638.048 Prohibited acts.

638.0485 Alteration of or failure to maintain records: Rebuttable presumption of violation.

638.049 Grounds for disciplinary action: “Willfully committing any inhumane or cruel act on any animal” interpreted.

638.051 Abandoned animals.

638.052 Retaining possession of animals.

VETERINARY TECHNICIANS

638.0525 Veterinary technician in training: Supervision; requirements for registration; fee; issuance of letter of registration; duration of registration.

638.0527 Additional requirements for licensure.

638.053 Licensed veterinary technician: Prohibited tasks; tasks requiring immediate, direct or indirect supervision.

638.057 Duties of supervising veterinarian; effect of noncompliance.

638.059 Licensed veterinary technician employed by animal control agency or society for prevention of cruelty to animals.

638.060 Performance of certain tasks in emergency.

VETERINARY INTERNS

638.0601 Identification as intern; supervision.

UNLICENSED VETERINARY ASSISTANTS

638.0602 Requirements for supervision.

638.06025 Tasks requiring supervision.

VETERINARY FACILITIES

638.0603 Permit to operate: Prerequisite to operation of facility; application; fee; issuance; display; change in ownership of facility.

638.0604 Form for self-inspection; inspection by Board; failure to meet minimum standards of practice.

638.0605 Permit to operate: Expiration date; renewal; fee; effect of failure to renew.

638.0606 Written notice to Board of change in veterinarian in charge or roster of veterinarians.

638.0607 Certain persons with ownership interest responsible for maintenance of minimum standard of practice.

638.061 Examination room required; exemption.

638.0615 Requirements if animals are retained for treatment or hospitalization.

638.062 Lighting.

638.0625 Safety and sanitation; radiological services; laboratories and pharmaceutical facilities.

638.063 Equipment; sterilization.

638.0635 Mobile clinics: General requirements.

638.064 Mobile clinics: Operation and use.

638.065 Inspection of facility by Board.

638.067 Emergency facility: Requirements for advertising; disbursement of medical records.

638.068 Facility that provides on-call emergency service; requirements for advertising.

638.069 Use of term “24 hours.”

PRACTICE BEFORE NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

General Provisions

638.070 Scope.

638.080 Construction.

Parties

638.090 Classification of parties.

638.100 Staff of Board may be party to proceeding.

638.110 Appearances.

638.120 Representation of parties; qualifications of attorneys.

638.130 Service of process on attorney.

638.140 Withdrawal of attorney.

638.150 Conduct required.

Pleadings, Motions and Other Papers

638.160 Captions, amendments and construction of pleadings.

638.170 Applications.

638.180 Petitions.

638.190 Verification.

638.200 Motions.

638.210 Filing.

638.220 Service of process.

638.230 Proof of service.

Complaints

638.240 General requirements.

638.245 Confidentiality of proceedings after filing of complaint; investigations.

Hearings

638.250 Request for hearing; filing of answer.

638.260 Notice; location.

638.271 Continuance.

638.280 Failure of party to appear.

638.290 Conduct at hearings.

638.300 Preliminary procedure.

638.310 Testimony must be under oath.

638.315 Testimony of expert witness.

638.340 Consolidation.

638.350 Stipulations.

638.360 Official notice of Board.

638.370 Briefs.

638.380 Decision by Board.

638.390 Rehearings.

638.400 Records of hearings.

Miscellaneous Petitions

638.410 Petitions for declaratory orders or advisory opinions.

638.420 Petitions for adoption, amendment or repeal of regulations.

EUTHANASIA TECHNICIANS

638.450 Definitions.

638.470 Duties of Board concerning training, examination and licensure.

638.475 Examination of trainees.

638.480 Demonstration of competence during practical examination of trainees.

638.485 Inspection of agencies; notification and correction of deficiencies.

638.490 Additional inspection of agency after discovery of deficiency; failure to correct deficiency.

638.495 Fees of Board; issuance of license.

638.500 List of euthanasia technicians employed by agency; notice of termination of employment.

638.505 Duties of euthanasia technicians.

638.508 Implantation of subcutaneous identification microchip.

638.510 Prerequisites to possession and administration of sodium pentobarbital.

638.515 Standards for injection of animals.

638.520 Injection of sodium pentobarbital; verification of death.

638.525 Oral administration of sodium pentobarbital.

638.530 Storage and security of sodium pentobarbital, needles and syringes.

638.535 Records of receipt and use of sodium pentobarbital.

638.540 Area used for euthanasia: General requirements.

638.545 Area used for euthanasia: Required equipment.

638.550 Area used for euthanasia: Duties of euthanasia technicians.

638.555 Suspension or revocation of license for abuse of sodium pentobarbital or failure to perform duties properly.

638.560 Grounds for disciplinary action.

638.565 Authorized forms of disciplinary action.

VACCINATION OF ANIMALS

638.600 Vaccination clinics: General requirements.

638.610 Conduct and record of examination to determine whether animal may be vaccinated.

638.620 Duties of veterinarian before administration of vaccine.

STANDARDS FOR TREATMENT

638.700 Appropriate use of anesthesia, analgesia and sedation.

638.710 Requirements for use of general anesthesia.

638.715 Requirements for performance of aseptic surgery.

638.720 Requirements for performance of clean surgery.

638.725 Disposal of hypodermic devices.

ANIMAL PHYSICAL THERAPY

638.750 “Animal physical therapy” defined.

638.760 Requirements to practice; application for certificate of registration; fee.

638.770 Expiration and renewal of certificate; fee.

638.780 Standards of practice for physical therapist holding certificate; maintenance of records.

638.790 Disciplinary action.

ANIMAL CHIROPRACTIC

638.800 “Animal chiropractic” defined.

638.810 Requirements to practice; application for registration certificate; fee.

638.820 Expiration and renewal of certificate; fee.

638.830 Standards of practice for chiropractor holding certificate; maintenance of records.

638.840 Disciplinary action.

MISCELLANEOUS PROVISIONS

638.850 Inspection of veterinary facilities and vaccination clinics: Authorization and procedure.

GENERAL PROVISIONS

NAC 638.001 Definitions. (NRS 638.070) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 638.005 to 638.0185, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R069-01, 10-12-2001; R041-02, 8-7-2003; R074-06, 6-28-2006)

NAC 638.005 “Board” defined. (NRS 638.070) “Board” means the Nevada State Board of Veterinary Medical Examiners.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86)

NAC 638.006 “Direct supervision” defined. (NRS 638.070) “Direct supervision” means that the supervising veterinarian or licensed veterinary technician is on the premises with or in the same area as the animal and the person treating the animal and is quickly and easily available.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A by R074-06, 6-28-2006)

NAC 638.007 “Emergency” defined. (NRS 638.070) “Emergency” means an animal has a condition which threatens its life and immediate treatment is necessary to sustain life.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86)

NAC 638.009 “Immediate supervision” defined. (NRS 638.070) “Immediate supervision” means the supervising veterinarian or licensed veterinary technician is in the immediate area and within visual and audible range of the animal and the person treating the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; 11-26-96; R069-01, 10-12-2001; R074-06, 6-28-2006)

NAC 638.011 “Indirect supervision” defined. (NRS 638.070) “Indirect supervision” means the supervising veterinarian is not on the premises with the animal and the person treating the animal, but has given written or oral instructions for treatment of the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R074-06, 6-28-2006)

NAC 638.0115 “Licensed veterinarian” defined. (NRS 638.070) “Licensed veterinarian” has the meaning ascribed to it in NRS 638.007.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R074-06, eff. 6-28-2006)

NAC 638.012 “Licensed veterinary technician” defined. (NRS 638.070) “Licensed veterinary technician” means a person who is licensed pursuant to NRS 638.122 and formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R069-01, eff. 10-12-2001)

NAC 638.013 “Mobile clinic” defined. (NRS 638.070) “Mobile clinic” means a vehicle, including, without limitation, a trailer or motor home, used as a veterinary facility.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A by R074-06, 6-28-2006)

NAC 638.014 “School of veterinary medicine” defined. (NRS 638.070) “School of veterinary medicine” has the meaning ascribed to it in NRS 638.009.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R069-01, eff. 10-12-2001)

NAC 638.015 “Solicitation” defined. (NRS 638.070) “Solicitation” means the use of direct-mail advertising which is directed to persons other than clients, or the use or employment of solicitors to contact persons, other than clients, directly to solicit animals for treatment by the veterinarian.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94)

NAC 638.016 “Supervising veterinarian” defined. (NRS 638.070) “Supervising veterinarian” means a veterinarian licensed to practice in this State who employs, supervises, or employs and supervises a licensed veterinary technician, a veterinary technician in training or an unlicensed veterinary assistant.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 11-26-96; R069-01, 10-12-2001; R041-02, 8-7-2003)

NAC 638.0165 “Unlicensed veterinary assistant” defined. (NRS 638.070) “Unlicensed veterinary assistant” means a person who has less training, knowledge and skills than a licensed veterinary technician and whose basic tasks are set forth in NAC 638.06025.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R041-02, eff. 8-7-2003; A by R074-06, 6-28-2006)

NAC 638.017 “Vaccination clinic” defined. (NRS 638.070) “Vaccination clinic” means any location, other than a veterinary facility, where a licensed veterinarian administers vaccinations to dogs, cats or ferrets.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94; A by R057-00, 6-20-2000)

NAC 638.0175 “Veterinarian-client-patient relationship” interpreted. (NRS 638.070) For the purposes of this chapter, a veterinarian shall be deemed to have a “veterinarian-client-patient relationship” concerning a nonhuman animal if the veterinarian satisfies all of the following conditions:

1. The veterinarian assumes the responsibility for making medical judgments concerning the health of the animal and the need for medical treatment of the animal.

2. The veterinarian has knowledge of the present care and health of the animal sufficient to provide at least a general or preliminary diagnosis of the medical condition of the animal. This knowledge must be acquired by:

(a) Conducting a physical examination of the animal; or

(b) Visiting the premises where the animal is kept in a timely manner that is appropriate to the medical condition of the animal.

3. The veterinarian obtains the informed consent of the client for medical treatment of the animal.

4. The veterinarian obtains the agreement of the client to follow the instructions provided by the veterinarian for the care and medical treatment of the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R059-01, eff. 10-12-2001)

NAC 638.018 “Veterinary facility” defined. (NRS 638.070) “Veterinary facility” means any facility in which veterinary medicine is practiced. The term includes a building, a kennel and a mobile veterinary clinic which is controlled by a veterinarian for the practice of veterinary medicine. The term does not include a diagnostic laboratory or educational institution.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 5-29-97; R130-04, 1-26-2005)

NAC 638.0185 “Veterinary intern” defined. (NRS 638.070) “Veterinary intern” means:

1. A third-year or fourth-year veterinary student who is enrolled in an internship program that is administered by a school of veterinary medicine;

2. A person who has graduated from a school of veterinary medicine and has taken the North American Veterinary Licensing Examination of the National Board of Veterinary Medical Examiners but has not received the scores for that examination;

3. A person who has graduated from a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association and who is presently completing a postgraduate, evaluated clinical year at a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association; or

4. A person who is scheduled to take, or has taken but not yet received a score for, the clinical proficiency examination administered by the American Veterinary Medical Association for the purpose of acquiring an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or its successor organization as described in paragraph (b) of subsection 2 of NRS 638.100.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R069-01, eff. 10-12-2001; A by R021-03, 10-29-2003; R074-06, 6-28-2006)

NAC 638.0195 “Practice of veterinary medicine” interpreted. (NRS 638.070) The Board will interpret the term “practice of veterinary medicine,” as defined in NRS 638.008, to exclude:

1. A veterinarian or veterinary technician who lectures, teaches, administers a practical examination or conducts a laboratory demonstration in a facility in connection with a seminar or course of continuing education for veterinarians or veterinary technicians.

2. A person who is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association and who is preparing for a clinical proficiency examination administered by the American Veterinary Medical Association for the purpose of acquiring an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or its successor organization as described in paragraph (b) of subsection 2 of NRS 638.100.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R130-04, eff. 1-26-2005)

NAC 638.020 Deviation from regulations. (NRS 638.070) In special cases, for good cause and if it is not contrary to statute, the Board may permit deviations from this chapter when the ends of justice require.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 1 § 1.3, eff. 5-1-77]

NAC 638.030 Severability. (NRS 638.070) If any of the provisions of this chapter or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 1 § 1.5, eff. 5-1-77]

NAC 638.033 Notification of change of address, place of employment or telephone number. (NRS 638.070) Each person who is registered or licensed by the Board shall notify the Board, in writing, of any change of business address, place of employment, mailing address or telephone number within 20 days after the change.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 11-26-96; R009-04, 4-26-2004)

NAC 638.040 Communications; payment of fees. (NRS 638.070)

1. All communications, payments or documents must be addressed to the Board and shall be deemed to be filed on the date of the postmark on the envelope in which it was mailed, in accordance with NRS 238.100.

2. Fees and remittances to the Board must be paid by money order, bank draft or check payable to the Board of Examiners in Veterinary Medicine. Remittances in currency or coin are made at the risk of the sender and the Board assumes no responsibility for loss. Postage stamps are not accepted.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 2 §§ 2.1 & 2.2, eff. 5-1-77]

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

NAC 638.0405 Duties of Executive Director. (NRS 638.050) The Executive Director of the Board shall:

1. Write all correspondence on behalf of the Board, including the minutes of all proceedings of the Board.

2. Keep an account and record of all receipts and disbursements of the Board.

3. Keep a record of all persons currently licensed by the Board and all facilities which have been issued a permit to operate by the Board.

4. Employ, direct, evaluate and, if appropriate, discipline or terminate the employment of all personnel who perform clerical and administrative functions for the Board.

5. Approve contracts and expenditures that are for an amount less than $1,000 and are within the amount budgeted by the Board for that year.

6. Administer, in accordance with applicable laws and regulations, the operations of the Board and the policies and procedures concerning its budget.

7. Review each complaint before it is investigated.

8. Report directly to the Board.

9. Perform such other duties that are directed by the Board or are otherwise necessary to protect and promote the interest of the public relating to the practice of veterinary medicine.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 5-29-97)

CONTINUING EDUCATION

NAC 638.041 Prerequisites for renewal of license; effect of noncompliance. (NRS 638.070)

1. As a prerequisite for each renewal of his license to practice veterinary medicine or to practice veterinary medicine as a diplomate licensed pursuant to NRS 638.105, a licensee must complete, during the 12-month period immediately preceding the beginning of the new licensing year, at least 15 hours of continuing education approved by the Board. Except for courses offered by the Veterinary Information Network, not more than 5 hours may be completed in distance learning or correspondence courses.

2. A licensed veterinary technician must annually complete at least 5 hours of continuing education approved by the Board as a prerequisite for renewal of his license.

3. A licensee who does not comply with the requirements of this section may be subject to disciplinary action.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 11-26-96; R115-99, 12-7-99; R069-01, 10-12-2001; R130-04, 1-26-2005; R074-06, 6-28-2006)

NAC 638.042 Courses deemed approved by Board. (NRS 638.070) A course of continuing education shall be deemed to be approved by the Board if the course is provided or approved by:

1. The American Veterinary Medical Association;

2. A specialty group of the American Veterinary Medical Association;

3. The Western Veterinary Conference, the Wild West Veterinary Conference or any other regional veterinary conference;

4. The State Department of Agriculture;

5. The United States Department of Agriculture;

6. The American Animal Hospital Association;

7. The American Association of Veterinary State Boards;

8. The Nevada Veterinary Medical Association;

9. An institution of the Nevada System of Higher Education;

10. A school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association; or

11. A program for veterinary technicians that is approved by the Committee on Veterinary Technician Education and Activities of the American Veterinary Medical Association.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R130-04, eff. 1-26-2005; A by R074-06, 6-28-2006)

NAC 638.0423 Attestation to compliance with requirements; maintenance of documentation of completion. (NRS 638.070)

1. A licensee must attest to his compliance with the requirements for continuing education set forth in NAC 638.041 at the time for the renewal of his license. The attestation must be made on a form provided by the Board.

2. A licensee shall maintain documentation of his completion of a course of continuing education for 4 years after the completion of the course.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R130-04, eff. 1-26-2005)

NAC 638.0425 Audits of licensees to ensure compliance with requirements. (NRS 638.070)

1. The Board may perform random audits of licensees to ensure compliance with the requirements for continuing education.

2. If the Board chooses to conduct an audit of a licensee, the Board will notify the licensee, in writing, of its decision to conduct an audit.

3. If audited by the Board:

(a) A licensed veterinarian or a person who is licensed by the Board as a diplomate pursuant to NRS 638.105 shall, not later than 30 days after he receives written notice, provide proof that he has participated in at least 15 hours of continuing education during the 12 months immediately preceding the beginning of the new licensing year by submitting to the Board copies of the documentation of completion maintained pursuant to NAC 638.0423.

(b) A veterinary technician shall, not later than 30 days after he receives written notice, provide proof that he has participated in at least 5 hours of continuing education during the 12 months immediately preceding the beginning of the new licensing year by submitting to the Board copies of the documentation of completion maintained pursuant to NAC 638.0423.

4. Each copy of the documentation submitted to the Board pursuant to subsection 3 must include:

(a) The name of the licensee;

(b) The number of hours of continuing education awarded for the course;

(d) The date the course was conducted.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R130-04, eff. 1-26-2005)

NAC 638.043 Renewal of license without meeting requirements. (NRS 638.070) If, upon application, the Board finds that the failure of the licensee to complete the required hours of continuing education was because of the licensee’s disability, military service or absence from the United States, or because of other circumstances beyond the control of the licensee which are deemed sufficient by the Board, the licensee may have his license renewed without meeting the requirements for continuing education.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86)

LICENSING

NAC 638.0433 Practice without license: Issuance of citation; assessment of administrative fine. (NRS 638.070, 638.1471)

1. In addition to any other penalty provided by law, the Board may issue a citation to a person who practices veterinary medicine without a license issued pursuant to the provisions of this chapter or chapter 638 of NRS.

2. The Board may assess:

(a) For a first violation, an administrative fine in an amount not to exceed $1,000.

(b) For a second violation, an administrative fine in an amount not to exceed $2,500.

3. A citation issued pursuant to this section must be in writing and describe with particularity the nature of the violation.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R091-06, eff. 11-13-2006)

NAC 638.0435 Additional requirements for licensure. (NRS 638.070, 638.100, 638.110)

1. In addition to the requirements of NRS 638.100, an applicant for a license to practice veterinary medicine must submit to the Executive Director of the Board proof that he has passed, within the 5 years immediately preceding the date on which he submitted his application:

(a) The North American Veterinary Licensing Examination of the National Board of Veterinary Medical Examiners; or

(b) Any other examination approved for this purpose by the Board pursuant to NRS 638.110.

2. In addition to the requirements of subsection 1, an applicant for a license to practice veterinary medicine who is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association must submit to the Board a verified copy of the educational certificate required pursuant to paragraph (b) of subsection 2 of NRS 638.100.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 2-28-97; A by R057-00, 6-20-2000, eff. 10-1-2000; R021-03, 10-29-2003)

NAC 638.0437 Display of license. (NRS 638.070) A licensee shall display his license in a conspicuous manner within his place of employment.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R074-06, eff. 6-28-2006)

NAC 638.044 Renewal of inactive license. (NRS 638.070, 638.128) A licensed veterinarian may renew his inactive license annually by submitting to the Executive Director of the Board:

1. An application for renewal of inactive status; and

2. A fee of $130.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94; A 11-26-96; R049-98, 8-5-98)

NAC 638.0445 Restoration of inactive license to active status; ground for revocation of license. (NRS 638.070, 638.128)

1. A licensed veterinarian whose license has been placed on inactive status may apply to the Board to have his license restored to active status by submitting to the Executive Director of the Board:

(a) An application for the restoration of his license, signed by the licensed veterinarian and notarized;

(b) A fee of $120;

(c) Proof that he has completed at least 15 hours of continuing education approved by the Board in the year immediately preceding the filing of the application; and

(d) If he is licensed or has been licensed in any other state, a letter of good standing from the licensing agency of each state in which he is licensed or has been licensed. Each letter must, if applicable, include detailed information concerning any disciplinary action that has been taken against the licensed veterinarian or that is pending in that state.

2. If a licensed veterinarian files an application pursuant to this section which contains any false information, the Board may immediately revoke his license.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94; A 11-26-96; 2-28-97; R009-04, 4-26-2004)

NAC 638.0447 Reinstatement of forfeited license; ground for revocation of license. (NRS 638.070, 638.127)

1. A veterinarian or veterinary technician whose license is forfeited pursuant to NRS 638.127 may apply to the Board to have his license reinstated if, in addition to complying with the provisions of NRS 638.127, he files with the Executive Secretary of the Board:

(a) An application for reinstatement of his license which is signed by the veterinarian or veterinary technician and notarized;

(b) Proof that he has:

(1) If he is a veterinarian:

(I) Completed at least 15 hours of continuing education approved by the Board in the year immediately preceding the filing of the application; and

(II) Passed, within the 5 years immediately preceding the filing of the application, the North American Veterinary Licensing Examination of the National Board of Veterinary Medical Examiners for an initial license, or any other examination required by the Board; or

(2) If he is a veterinary technician, completed at least 5 hours of continuing education in the year immediately preceding the filing of the application; and

(c) If he is licensed or has been licensed in any other state, a letter of good standing from the licensing agency of each state in which he is licensed or has been licensed. Each letter must, if applicable, include detailed information concerning any disciplinary action that has been taken against the licensed veterinarian or veterinary technician or that is pending in that state.

2. If a veterinarian or veterinary technician files an application pursuant to this section which contains any false information, the Board may immediately revoke his license.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 2-28-97; A by R057-00, 6-20-2000, eff. 10-1-2000; R021-03, 10-29-2003)

PROFESSIONAL AND ETHICAL STANDARDS

NAC 638.045 Malpractice, negligence and incompetence. (NRS 638.070, 638.140)

1. Malpractice in the practice of veterinary medicine will be interpreted by the Board to include, without limitation, conduct which falls below the standard of care required of a licensed veterinarian under the circumstances which causes injury to an animal.

2. Negligence will be interpreted by the Board to mean a departure from the standard of practice of veterinary medicine.

3. Incompetence will be interpreted by the Board to mean a lack of knowledge, skill or ability in discharging a professional obligation.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R115-99, 12-7-99)

NAC 638.046 Adoption by reference of “Principles of Veterinary Medical Ethics”; effect of violation. (NRS 638.070)

1. The Board adopts by reference the “Principles of Veterinary Medical Ethics” of the American Veterinary Medical Association as published in the current version of the American Veterinary Medical Association Membership Directory and Resource Manual as a standard for professional conduct. A violation of the provisions of the principles constitutes cause for disciplinary action.

2. The “Principles of Veterinary Medical Ethics” of the American Veterinary Medical Association is available from the American Veterinary Medical Association, 1931 North Meacham Road, Suite 100, Schaumburg, Illinois 60173, free of charge.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 11-26-96; R115-99, 12-7-99)

NAC 638.047 Neglect or discontinuance of services. (NRS 638.070) A veterinarian, having undertaken the care of an animal, shall not neglect that animal and, unless the veterinarian has been discharged, shall give adequate notice before discontinuing his professional services.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94)

NAC 638.0475 Maintenance and availability of records; cessation of practice without providing for continuation of treatment. (NRS 638.070, 638.1408)

1. Each licensed veterinarian shall maintain in this State for at least 4 years a separate medical record of each animal receiving veterinary services, including, without limitation, an examination conducted pursuant to NAC 638.610, from him or under his supervision. The records must be available for inspection by the owner of the animal during normal business hours at least 5 days each week. Except as otherwise provided in this subsection, the licensed veterinarian shall provide a copy of that record to the owner of the animal receiving veterinary services not later than 48 hours after he receives a request from the owner of the animal. The licensed veterinarian is not required to provide a copy of any X rays in the medical record to the owner of the animal receiving veterinary services.

2. The medical record must contain the following information, in legible form:

(a) The name, address and telephone number of the animal’s owner;

(b) The name or identifying number, or both, of the animal;

(d) The dates of care, custody or treatment of the animal;

(e) A short history of the animal’s condition as it pertains to the animal’s medical status;

(f) The results of and notations from an examination of the animal, including, without limitation, the temperature, pulse and respiration rate of the animal and laboratory data pertaining to the animal;

(g) The diagnosis or condition at the beginning of custody of the animal, including, without limitation, results of tests;

(h) The immunization record of the animal;

(i) All clinical information pertaining to the animal, including, without limitation, sufficient information to justify the diagnosis or determination of the medical status of the animal and to warrant any treatment recommended for or administered to the animal;

(j) The surgery log, including, without limitation, anesthesia and preanesthesia, and the procedure performed;

(k) Any medication and treatment administered, including, without limitation, the amount and frequency;

(l) The progress and disposition of the case;

(m) The name of each person who is not an employee of the veterinarian who provided professional advice or performed treatments, examinations or other services pertaining to the animal; and

(n) Any X rays. Each X ray, other than an inter-oral dental X ray or digital X ray, must be labeled in the emulsion film as follows:

(1) The name of the veterinarian or facility that took the X ray;

(2) The name or identifying number, or both, of the animal;

(3) The name of the animal’s owner;

(4) The date on which the X ray was taken; and

(5) The anatomical orientation depicted by the X ray.

3. Each X ray is the property of the veterinarian who caused it to be prepared. An X ray may be released to the owner of the animal. An X ray must be released within 48 hours after the request is made to another veterinarian who has the authorization of the owner of the animal to which it pertains. The X ray must be returned within a reasonable time to the veterinarian to whom it belongs.

4. The medical records required by this section must be written records or computer records. If the medical records are computer records:

(a) The security of the computer must be maintained;

(b) The computer records must be backed-up daily and cumulatively backed-up monthly using technology designed to store data permanently;

(c) The computer records must be inalterable or clearly indicate when they have been altered and the manner in which they have been altered; and

(d) The computer records must not contain information relating to a physical examination that is automatically generated by the computer.

5. In a practice concerned with herds of animals, records must be kept on each herd and may be kept on individual animals.

6. If a veterinarian ceases his practice without providing for the continuation of treatment of the animals under his care, the President of the Board may appoint a master to supervise his records, the treatment of those animals and the mailing of notices to the owners of the animals which had been under his care.

7. The medical record of an animal is confidential and may not be released except:

(a) As otherwise provided in subsection 1;

(b) In response to a court order; or

8. Nothing in this section is intended to prevent the sharing of veterinary medical information among veterinarians, law enforcement officials, and members, agents or officers of a society for the prevention of cruelty to animals who are acting to protect the welfare of an animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R049-98, 8-5-98; R115-99, 12-7-99; R130-04, 1-26-2005; R074-06, 6-28-2006)

NAC 638.048 Prohibited acts. (NRS 638.070) A veterinarian shall not:

1. Falsify records of health care;

2. Falsify records so as to indicate his presence at a time when he was not in attendance or that procedures were performed by him which were in fact not performed by him;

3. Write a prescription for a controlled substance in such an excessive amount as to constitute a departure from prevailing standards of acceptable veterinary medical practice;

4. Consistently use veterinary medical procedures, services or treatments which constitute a departure from the prevailing standards of acceptable veterinary medical practice;

5. Render professional services to an animal while the veterinarian is under the influence of alcohol or any controlled substance or is in any impaired mental or physical condition;

6. Acquire any controlled substances from any pharmacy or other source by misrepresentation, fraud, deception or subterfuge;

7. Operate a veterinary facility in a manner that violates a provision of chapter 574 of NRS; or

8. Prescribe, dispense, deliver or order another person to deliver any prescription drug, including, without limitation, any controlled substance in schedules I to V, inclusive, as described in chapter 453 of NRS, and any dangerous drug, referred to in NRS 454.181 to 454.371, inclusive, unless he first:

(a) Establishes a veterinarian-client-patient relationship; and

(b) Makes a medical determination that the prescription drug is therapeutically indicated for the health and well-being of the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R057-00, 6-20-2000; R069-01, 10-12-2001)

NAC 638.0485 Alteration of or failure to maintain records: Rebuttable presumption of violation. (NRS 638.070, 638.1408) If the Board determines that a licensee has altered or failed to maintain records relating to the diagnosis, treatment or care of an animal which is the subject of a disciplinary action, there is a rebuttable presumption that the licensee committed the violation which the Board determines to have arisen from that diagnosis, treatment or care.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94)

NAC 638.049 Grounds for disciplinary action: “Willfully committing any inhumane or cruel act on any animal” interpreted. (NRS 638.070, 638.1408) As used in NRS 638.1408, the Board will not interpret “willfully committing any inhumane or cruel act on any animal” to include:

1. Any emergency treatment given to an ill or injured animal without the consent of an owner if the owner is not available; or

2. The performance of euthanasia on such an animal if necessary to relieve pain and suffering.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 11-17-88)

NAC 638.051 Abandoned animals. (NRS 638.070)

1. If an animal is delivered to any veterinarian pursuant to any written or oral agreement between the veterinarian and the owner of the animal or the person delivering the animal, and the owner or person delivering the animal does not claim the animal within 10 days after the day the animal was due to be claimed, the animal shall be deemed abandoned.

2. Unless otherwise provided in a contract between a veterinarian and the owner of an animal or the person delivering the animal, the veterinarian may dispose of an abandoned animal if the animal is not claimed within the period set forth in the notice.

3. Before a veterinarian disposes of an abandoned animal, he must send, by certified mail, a notice to the last known address of the owner of the animal or the person who delivered the animal to him. The notice must state that the veterinarian will dispose of the animal if it is not claimed within 10 days after the notice is mailed.

4. The veterinarian shall dispose of the animal in a humane manner.

5. As used in this section, “claim” means to remove the animal from the custody of the veterinarian.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 11-17-88)

NAC 638.052 Retaining possession of animals. (NRS 638.070) A veterinarian may retain possession of an animal until all money owed to him for the care of the animal is paid. If the veterinarian retains possession of the animal, he shall continue to care for it in a humane manner.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 11-17-88)

VETERINARY TECHNICIANS

NAC 638.0525 Veterinary technician in training: Supervision; requirements for registration; fee; issuance of letter of registration; duration of registration. (NRS 638.070, 638.124)

1. A person may perform the tasks of a veterinary technician under the immediate supervision of a supervising veterinarian or licensed veterinary technician while the person is receiving the training and experience required by paragraph (g) of subsection 2 if he is registered with the Board pursuant to this section.

2. To be registered as a veterinary technician in training, a person must:

(a) Submit to the Board an application on a form prescribed by the Board;

(b) Submit to the Board a letter of recommendation written by the veterinarian in charge of the facility where he is employed or will be employed;

(d) Have a high school diploma or equivalent certificate;

(e) Be of good moral character;

(f) Be:

(1) A fourth-year student enrolled in a 4-year program, a second-year student enrolled in a 2-year program or a student enrolled in an accelerated program and the program of training must be accredited by the Committee on Veterinary Technician Education and Activities of the American Veterinary Medical Association or be approved by the Board; or

(2) A person who has graduated from a program of training described in subparagraph (1) and is scheduled to take, or has taken but not yet received a score for, the Veterinary Technician National Examination;

(g) Participate in training while on the job and acquire experience that is commensurate with the duties of his employment; and

(h) Pay to the Board a fee of $50.

3. After confirming that an applicant complies with all the requirements of subsection 2, the Executive Director of the Board shall, unless he has good cause to deny the registration, issue a letter of registration for a veterinary technician in training to the veterinarian in charge of the facility where the trainee is employed or will be employed.

4. A registration issued pursuant to this section between:

(a) January 1 and August 31 of any year expires on September 1 of the next subsequent year; and

(b) September 1 and December 31 of any year expires on September 1 of the year immediately following the next subsequent year,

Ê unless the Board grants an extension of the period of registration.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R057-00, eff. 6-20-2000; A by R069-01, 10-12-2001; R009-04, 4-26-2004; R074-06, 6-28-2006; R075-06, 11-13-2006)

NAC 638.0527 Additional requirements for licensure. (NRS 638.070, 638.122, 638.123)

1. In addition to the requirements of NRS 638.122, an applicant for a license to practice as a veterinary technician must submit to the Executive Director of the Board proof that he has passed, within the 5 years immediately preceding the date on which the applicant submitted his application:

(a) The Veterinary Technician National Examination; or

(b) Any other examination approved for this purpose by the Board pursuant to NRS 638.123.

2. In addition to the requirements of subsection 1, an applicant for a license to practice as a veterinary technician, except an applicant who is licensed as a veterinary technician in another state, must submit to the Board satisfactory proof that the applicant has:

(a) Received a degree as a veterinary technician from a college accredited by the American Veterinary Medical Association or the appropriate state agency in the state where the college is located;

(b) Received a bachelor of science degree in an area related to an animal science or in another area approved by the Board; or

3. Each applicant who received a bachelor of science degree in an area related to an animal science described in paragraph (b) of subsection 2 or completed an accelerated program described in paragraph (c) of subsection 2 must submit, on a form provided by the Board, proof of completion of at least 4,000 hours of supervised clinical experience in a veterinary facility that is verified by an actively practicing veterinarian. Not less than 2,001 hours of that supervised clinical experience must have been earned within the 5 years immediately preceding the date on which the applicant submitted his application.

4. Each application for a license to practice as a veterinary technician must include:

(a) Three letters of recommendation from persons associated with the practice of veterinary medicine; and

(b) A letter of good standing from the licensing agency of each state in which the applicant is licensed or has been licensed, if any. Each such letter must, if applicable, include detailed information concerning any disciplinary action which has been taken against the applicant or which is pending in that state.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R130-04, eff. 1-26-2005)

NAC 638.053 Licensed veterinary technician: Prohibited tasks; tasks requiring immediate, direct or indirect supervision. (NRS 638.070, 638.124)

1. A licensed veterinary technician may not perform the following tasks of animal health care:

(a) Surgery.

(b) Diagnosis and prognosis of animal diseases.

(d) Any other activity which represents the practice of veterinary medicine or which requires the knowledge, skill and training of a licensed veterinarian.

2. A licensed veterinary technician may perform the following tasks under the immediate supervision of a supervising veterinarian:

(a) Application of casts for the immobilization of fractures.

(b) Removal of:

(1) Teeth that have extreme mobility and stage 4 periodontal disease; and

(2) Retained deciduous teeth other than retained deciduous canine teeth.

(d) Assisting a licensed veterinarian in surgery.

(e) Euthanasia.

(f) Fluid aspiration from a body cavity.

3. A licensed veterinary technician may perform the following tasks under the immediate or direct supervision of a supervising veterinarian:

(a) Endotracheal intubation.

(b) Blood administration.

(d) Application of casts and splints.

(e) Tasks listed in subsection 4, if the animal is anesthetized.

(f) External noninvasive ultrasonography.

(g) Cystocentesis to obtain a urine specimen.

(h) Dental prophylaxis.

(i) Physical therapy.

4. A licensed veterinary technician may perform the following tasks under the immediate, direct or indirect supervision of a supervising veterinarian:

(a) Administration of enemas.

(b) Administration of an electrocardiogram.

(d) Catheterization of an unobstructed bladder.

(e) Introduction of a stomach tube.

(f) Ear flushing with pressure or suction.

(g) Positioning of animals for X rays.

(h) Operation of X-ray machines.

(i) Administration of oral and rectal radio-opaque materials.

(j) Administration of oral and topical medications, including controlled substances.

(k) Starting and restarting of intravenous fluids.

(l) Collection of a laboratory specimen for analysis, including, but not limited to, blood, urine, skin, parasites and microorganisms.

(m) Collection of tissue during or after a postmortem examination by a licensed veterinarian.

(n) Administration of intramuscular, subcutaneous or intravenous injections.

(o) Placement of an intravenous catheter.

Ê No examination within the previous 12 hours is required for the collection of laboratory specimens.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; 11-26-96; R069-01, 10-12-2001; R041-02, 8-7-2003; R130-04, 1-26-2005; R074-06, 6-28-2006; R075-06, 11-13-2006; R088-07, 4-17-2008)

NAC 638.057 Duties of supervising veterinarian; effect of noncompliance. (NRS 638.070, 638.124)

1. The supervising veterinarian:

(a) Is responsible for determining the competency of the licensed veterinary technician to perform delegated tasks of animal health care.

(b) Shall ensure that the licensed veterinary technician performs the tasks of animal health care delegated to the licensed veterinary technician in a manner which is consistent with good veterinary medical practice.

(d) Shall examine the animal before delegating any tasks to the licensed veterinary technician. The examination must be conducted at such time as good veterinary medical practice requires, consistent with the particular task of animal health care which is delegated.

(e) Is responsible for ensuring that unlicensed personnel do not perform duties that are specific to licensed veterinary technicians or licensed veterinarians.

2. A supervising veterinarian who does not comply with the requirements of this section may be subject to disciplinary action.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; 11-26-96; 2-28-97; R069-01, 10-12-2001; R075-06, 11-13-2006)

NAC 638.059 Licensed veterinary technician employed by animal control agency or society for prevention of cruelty to animals. (NRS 638.070, 638.124)

1. Except as otherwise provided in this section, a licensed veterinary technician who is an employee of an animal control agency or a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS may, before an animal is examined by a licensed veterinarian and in accordance with written protocols for first-aid treatments which must be approved by each veterinarian employed by or contracted with the agency or society:

(a) Obtain initial vital signs of the animal when the animal enters the custody of the agency or society;

(b) Apply bandages to the animal;

(d) Collect clinical specimens from the animal;

(e) Administer vaccinations, other than vaccinations for zoonotic diseases, by injection or nasal installation to the animal; and

(f) Implant subcutaneous identification microchips into the animal.

2. A licensed veterinary technician described in subsection 1 may not perform the tasks described in subsection 1 unless the employing agency or society has:

(a) Applied to the Board for authorization for licensed veterinary technicians employed by the society or agency to perform the tasks described in subsection 1; and

(b) Received such authorization from the Board.

3. The Board may revoke any authorization granted pursuant to subsection 2 after inspecting any agency or society that has received such authorization.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R088-07, eff. 4-17-2008)

NAC 638.060 Performance of certain tasks in emergency. (NRS 638.070, 638.124) In an emergency, a licensed veterinary technician may render the following aid and treatment to save a life:

1. Application of tourniquets or pressure bandages to control hemorrhage.

2. Administration of pharmacological agents to prevent or control shock, including parenteral fluids after direct communication with a licensed veterinarian or veterinarian authorized to practice in this State. The veterinarian must be present or en route to the location of the distressed animal.

3. Resuscitative oxygen procedures.

4. Establishing open airways, including intubation appliances but excluding surgery.

5. External cardiac resuscitation.

6. Application of temporary splints or bandages to prevent further injury to bones or soft tissues.

7. Application of appropriate wound dressings and external treatment in severe burn cases.

8. External treatment in heat prostration cases.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 13 § 13.5, eff. 5-1-77]—(NAC A 11-26-96; R069-01, 10-12-2001)

VETERINARY INTERNS

NAC 638.0601 Identification as intern; supervision. (NRS 638.070)

1. Before performing any service regarding an animal, a veterinary intern shall identify himself as a veterinary intern.

2. While performing any service regarding an animal, a veterinary intern shall be under the direct supervision of a supervising veterinarian who:

(a) Is in good standing with the Board;

(b) Is responsible for all actions taken by the veterinary intern regarding an animal; and

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R069-01, eff. 10-12-2001; A by R074-06, 6-28-2006)

UNLICENSED VETERINARY ASSISTANTS

NAC 638.0602 Requirements for supervision. (NRS 638.070)

1. An unlicensed veterinary assistant may perform the tasks described in NAC 638.06025 under immediate, direct or indirect supervision as set forth in NAC 638.06025.

2. The supervising veterinarian is responsible for determining the competency of the unlicensed veterinary assistant to perform delegated tasks of animal health care.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R041-02, eff. 8-7-2003; A by R074-06, 6-28-2006)

NAC 638.06025 Tasks requiring supervision. (NRS 638.070)

1. An unlicensed veterinary assistant may perform the following tasks under the immediate supervision of a supervising veterinarian or a licensed veterinary technician:

(a) Assisting a licensed veterinarian in surgery or in monitoring anesthesia.

(b) Application of bandages.

(d) Collection of tissue during or after a postmortem examination by a licensed veterinarian.

2. An unlicensed veterinary assistant may perform the following tasks under the immediate or direct supervision of a supervising veterinarian or a licensed veterinary technician:

(a) Blood administration with a preplaced catheter.

(b) Monitoring of vital signs.

(d) Introduction of food into the stomach through a preplaced tube.

(e) Ear cleaning.

(f) Positioning of animals for X rays.

(g) Operation of X-ray machines.

(h) Starting and restarting of intravenous fluids through a preplaced intravenous catheter.

(i) Administration of intramuscular, subcutaneous or intravenous injections through a preplaced catheter, except anesthetics, controlled substances or vaccinations for zoonotic diseases.

(j) Taking readings of the temperature, pulse, respiration or weight of an animal.

3. An unlicensed veterinary assistant may perform the following tasks under the immediate or direct supervision of a supervising veterinarian or a licensed veterinary technician or the indirect supervision of a supervising veterinarian:

(a) Administration of oral and topical medications, including controlled substances dispensed by prescription.

(b) Collection of free catch urine or feces and skin scrapings.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R041-02, eff. 8-7-2003; A by R074-06, 6-28-2006; R075-06, 11-13-2006)

VETERINARY FACILITIES

NAC 638.0603 Permit to operate: Prerequisite to operation of facility; application; fee; issuance; display; change in ownership of facility. (NRS 638.070, 638.132)

1. It is unlawful for a person to operate a veterinary facility unless the facility is registered with the Board and the Board has issued a permit for its operation.

2. The veterinarian who will be in charge of the veterinary facility which seeks a permit to operate must submit to the Board:

(a) A notarized application for registration in the form provided by the Board.

(b) A completed self-inspection form as set forth in NAC 638.0604.

(1) Fifty dollars for a facility in which the person with the highest percentage of ownership interest, or an interest equaling that percentage, is a licensed veterinarian.

(2) Three hundred dollars for a facility in which the person with the highest percentage of ownership interest is not a licensed veterinarian.

3. Upon receipt of a completed application for registration, the applicable fee and the completed self-inspection form, the Board will issue a permit to operate the facility. The Board will act upon an application for such a permit within 90 days after receipt of the application.

4. The permit issued to a facility by the Board must be displayed in a conspicuous place within the facility.

5. If a change in the ownership of a facility is anticipated, the veterinarian in charge of the facility for which the permit was issued shall notify the Board, in writing, of the anticipated change 30 days before the date on which the change in ownership is to become effective. The new owner shall register with the Board and apply for a permit to operate the facility pursuant to this section at least 30 days before the date on which the change in ownership is to become effective. The facility shall not, under changed ownership, provide any veterinary services until its permit to operate has been approved.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 5-29-97; A by R075-06, 11-13-2006)

NAC 638.0604 Form for self-inspection; inspection by Board; failure to meet minimum standards of practice. (NRS 638.070, 638.132)

1. The Board will provide a form for the self-inspection of veterinary facilities. The purpose of the form is to assist the veterinarian in charge of the facility seeking a permit to operate in determining whether the facility complies with:

(a) The minimum standards of practice of veterinary medicine established in this chapter and chapter 638 of NRS; and

(b) The regulations adopted by the State Board of Pharmacy.

2. The veterinarian who is in charge of a facility seeking a permit to operate shall complete the self-inspection form and return the form to the Board.

3. The Board may inspect a facility pursuant to the provisions of NAC 638.065.

4. The veterinarian who is in charge of a facility that does not meet the minimum standards of practice for veterinary medicine set forth in this chapter and chapter 638 of NRS may be subject to disciplinary action pursuant to the provisions of NRS 638.147.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 5-29-97; A by R009-04, 4-26-2004; R075-06, 11-13-2006)

NAC 638.0605 Permit to operate: Expiration date; renewal; fee; effect of failure to renew. (NRS 638.070, 638.132)

1. Each permit to operate a veterinary facility expires on January 1 of each year.

2. An application to renew the permit must be:

(a) Submitted in the form established by the Board.

(b) Signed by the veterinarian in charge of the facility.

(d) Accompanied by a fee of:

(1) Twenty-five dollars for a facility in which the person with the highest percentage of ownership interest, or an interest equaling that percentage, is a licensed veterinarian.

(2) Three hundred dollars for a facility in which the person with the highest percentage of ownership interest is not a licensed veterinarian.

3. A facility which fails to renew its permit in a timely manner is subject to disciplinary action pursuant to NRS 638.140.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 5-29-97)

NAC 638.0606 Written notice to Board of change in veterinarian in charge or roster of veterinarians. (NRS 638.070, 638.132) The veterinarian who is in charge of a facility shall notify the Board in writing if:

1. The person registered with the Board as the veterinarian who is in charge of the facility resigns or otherwise leaves that position; or

2. The roster of veterinarians who are permanently employed and practice veterinary medicine at the facility changes.

Ê The written notice must be submitted to the Board not more than 20 days after any such change is made.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 5-29-97)

NAC 638.0607 Certain persons with ownership interest responsible for maintenance of minimum standard of practice. (NRS 638.070, 638.132) Each person who has a direct or indirect ownership interest of 10 percent or more in a business which practices veterinary medicine shall ensure that the facility maintains the minimum standard of practice of veterinary medicine established by this chapter.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 5-29-97)

NAC 638.061 Examination room required; exemption. (NRS 638.070, 638.132)

1. A veterinary facility where animals are housed must contain an examination room separate from the reception room or office and other areas of the facility which is of sufficient size to accommodate the doctor, assistant, animal and client.

2. A veterinarian whose practice is restricted to large animals is exempt from the provisions of this section.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R075-06, 11-13-2006)

NAC 638.0615 Requirements if animals are retained for treatment or hospitalization. (NRS 638.070, 638.132) In those veterinary facilities where animals are retained for treatment or hospitalization, the following must be provided:

1. Separate compartments for each animal, maintained in a sanitary manner so as to assure comfort.

2. Facilities for the effective separation of animals with contagious and noncontagious diseases.

3. Exercise runs for animals, except cats, which provide effective separation of the animals from their waste. If an animal is kept in a clinic for 24 hours or more, this requirement may be met by walking the animal. All exercise areas must be cleaned daily.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86)

NAC 638.062 Lighting. (NRS 638.070, 638.132) A veterinary facility must contain adequate indoor lighting in halls, wards, reception areas, examining rooms and surgery rooms.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86)

NAC 638.0625 Safety and sanitation; radiological services; laboratories and pharmaceutical facilities. (NRS 638.070, 638.132)

1. A safe and sanitary environment must be maintained in each veterinary facility which:

(a) Protects the health of the animals and minimizes the possibility of the transmission of infection;

(b) Includes the proper routine disposal of waste materials and proper sterilization or sanitation of all equipment used in diagnosis, treatment or surgery;

(d) Ensures the maintenance of a proper temperature and ventilation of the facility for the comfort of all animals;

(e) Includes sanitary methods for the disposal of deceased animals; and

(f) Includes a freezer to be used when an owner has not given permission for the disposal of a carcass.

2. The veterinary facility must have the capacity to perform an adequate diagnostic radiological series, in the facility or through another commercial facility. Radiological procedures must be in accordance with standards for the protection of the public health. Laboratories and pharmaceutical facilities must be available in the facility or through another commercial facility.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R075-06, 11-13-2006)

NAC 638.063 Equipment; sterilization. (NRS 638.070, 638.132)

1. A veterinary facility must maintain the following equipment at all times:

(a) Surgical packs including drapes, sponges and proper instrumentation.

(b) Anesthetic equipment in accordance with the level of surgery performed.

(d) A library of current journals or textbooks which provides readily accessible reference materials.

2. All appropriate equipment must be sterilized, and surgical packs must be properly prepared for sterilization by heat or gas which is sufficient to kill bacterial spores for each sterile surgical procedure. Separate sterile surgical packs which are dated and have proof of internal and external sterilization must be used for each sterile procedure.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A by R075-06, 11-13-2006)

NAC 638.0635 Mobile clinics: General requirements. (NRS 638.070, 638.132)

1. In addition to the requirements of NAC 638.063, a mobile clinic, except one used only by a veterinarian whose practice is limited to large animals, must have:

(a) Hot and cold water;

(b) A 110-volt power source for diagnostic equipment;

(d) Adequate lighting;

(e) Tabletops and countertops, such as Formica or stainless steel, which can be cleaned and disinfected;

(f) Floor coverings which can be cleaned and disinfected;

(g) Adequate heating, cooling and ventilation;

(h) Instruments which meet the requirements of the level of surgery to be performed; and

(i) Separate compartments for the transportation or holding of animals.

2. A mobile clinic used only by a veterinarian whose practice is limited to large animals must be equipped with cold water and a secure and sanitary area for the storage of instruments and drugs.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A by R075-06, 11-13-2006)

NAC 638.064 Mobile clinics: Operation and use. (NRS 638.070, 638.132)

1. A mobile clinic may be operated from a veterinary facility which is the licensee’s principal place of business.

2. A veterinarian is not required to use a mobile clinic when treating animals away from a stationary veterinary facility.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 5-29-97)

NAC 638.065 Inspection of facility by Board. (NRS 638.070, 638.077, 638.132) The Board may inspect any veterinary facility at any time during which the facility is open for business. The inspector must be accompanied by a licensed veterinarian or employee associated with the facility, unless permission is provided by a licensed veterinarian associated with the facility for the inspector to proceed unaccompanied.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A by R075-06, 11-13-2006)

NAC 638.067 Emergency facility: Requirements for advertising; disbursement of medical records. (NRS 638.070, 638.132)

1. A veterinary facility that advertises or otherwise represents to the public that it is an emergency facility must state in its advertising in a clear and conspicuous manner:

(a) The hours that the facility provides emergency service;

(b) That a licensed veterinarian is on the premises during the hours that the facility provides emergency service; and

2. If continuing care of a patient is required following the provision of emergency service, an emergency facility shall provide the client with a legible copy of the medical records of the patient or shall send a copy of such records directly to the veterinarian who will provide the continuing care.

3. As used in this section, “emergency facility” means a facility that:

(a) Provides veterinary medical service;

(b) Primarily receives, treats and monitors patients who need emergency service; and

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R056-00, eff. 9-25-2000)

NAC 638.068 Facility that provides on-call emergency service; requirements for advertising. (NRS 638.070, 638.132)

1. A veterinary facility that provides on-call emergency service shall have a licensed veterinarian on-call who is able to respond within a reasonable time to a request for emergency service.

2. A veterinary facility that advertises or otherwise represents to the public that it provides on-call emergency service must state in its advertising in a clear and conspicuous manner:

(a) The term “on-call”;

(b) The hours that the facility provides on-call emergency service; and

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R056-00, eff. 9-25-2000; A by R075-06, 11-13-2006)

NAC 638.069 Use of term “24 hours.” (NRS 638.070, 638.132) A veterinary facility shall not use the term “24 hours” in any public statement or advertising unless the facility has a licensed veterinarian on the premises 24 hours per day.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R056-00, eff. 9-25-2000)

PRACTICE BEFORE NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

General Provisions

NAC 638.070 Scope. (NRS 638.070) The provisions of NAC 638.070 to 638.420, inclusive, govern all practice and procedure before the Board whenever the Board is acting as an agency, as that term is defined in NRS 233B.031, such as when the Board is authorized by law to make regulations or to determine contested cases.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 1 § 1.1, eff. 5-1-77]—(NAC A by R057-00, 6-20-2000)

NAC 638.080 Construction. (NRS 638.070) The provisions of NAC 638.070 to 638.420, inclusive, must be liberally construed to secure a just, speedy and economical determination of all issues presented to the Board and to carry out the purposes of chapters 233B and 638 of NRS.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 1 § 1.2, eff. 5-1-77]

Parties

NAC 638.090 Classification of parties. (NRS 638.070)

1. Parties to proceedings before the Board must be styled applicant, petitioner, complainant, respondent, intervener or interested party, according to the nature of the proceedings and the relationship of the parties.

2. Any person who applies or petitions for any privilege, license or authority from the Board must be styled “applicant.”

3. Any person who petitions for affirmative relief, other than a complainant, must be styled “petitioner.”

4. A person who complains to the Board of any act or of any person must be styled “complainant.”

5. Any person against whom any complaint is filed or investigation initiated must be styled “respondent.”

6. Any person, other than the original parties to the proceeding, who may be directly and substantially affected by the proceeding must, upon securing an order from the Board or presiding officer granting leave to intervene, be styled “intervener.” The granting of leave to intervene, or otherwise appear, in any matter or proceeding, is not construed to be a finding or determination of the Board that the party will or may be a party aggrieved by any ruling, order or decision of the Board for purposes of a court review or appeal.

7. Any person who believes that he may be affected by a proceeding, but who does not seek to participate in a proceeding, must be styled “interested party.”

[Bd. of Veterinary Med. Exam’rs, Practice Rule 3 §§ 3.1-3.7, eff. 5-1-77]

NAC 638.100 Staff of Board may be party to proceeding. (NRS 638.070) Members of the Board’s staff may appear at any hearing. The staff has all the rights of participation as a party to the proceeding.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 3 § 3.8, eff. 5-1-77]

NAC 638.110 Appearances. (NRS 638.070)

1. At any hearing, all parties named in NAC 638.090, except interested parties, are entitled to enter an appearance, to introduce evidence, examine and cross-examine witnesses, make arguments, and generally participate in the conduct of the proceeding. Interested parties may be acknowledged to state their possible interest.

2. Parties shall enter their appearance at the beginning of a hearing or at any time as may be designated by the presiding officer by giving their names and addresses and stating their position or interest to the presiding officer. This information must be recorded in the record of the hearing.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 4 §§ 4.1 & 4.2, eff. 5-1-77]

NAC 638.120 Representation of parties; qualifications of attorneys. (NRS 638.070)

1. A party is entitled to be heard in person or by his attorney or other representative.

2. An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If an attorney is not admitted and entitled to practice before the Supreme Court of Nevada, an attorney so admitted and entitled to practice must be associated.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 4 § 4.3, eff. 5-1-77]

NAC 638.130 Service of process on attorney. (NRS 638.070) Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders thereafter served must be served upon the attorney. The service is considered valid service for all purposes upon the party represented.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 4 § 4.4, eff. 5-1-77]

NAC 638.140 Withdrawal of attorney. (NRS 638.070) Any attorney of record wishing to withdraw from a proceeding before the Board shall, in writing, immediately notify the Board or the presiding officer, the party whom he represented and any other parties to the proceeding.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 4 § 4.5, eff. 5-1-77]

NAC 638.150 Conduct required. (NRS 638.070) A person appearing in a proceeding shall conform to the recognized standards of ethical and courteous conduct.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 4 § 4.6, eff. 5-1-77]

Pleadings, Motions and Other Papers

NAC 638.160 Captions, amendments and construction of pleadings. (NRS 638.070)

1. Pleadings before the Board must be styled applications, petitions, accusations and answers.

2. The Board may, when substantial rights of the parties are not violated, allow any pleading to be amended or corrected or allow any omission to be supplied.

3. All pleadings must be liberally construed with a view to effect justice between the parties. The Board or presiding officer will, at every stage of any proceeding, disregard errors or defects in the pleadings or proceedings which do not affect the substantial rights of the parties.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 5 §§ 5.1, 5.3 & 5.4, eff. 5-1-77]

NAC 638.170 Applications. (NRS 638.070) All pleadings requesting a privilege, license or authority from the Board must be styled “applications.” The full name and address of the applicant and such facts or exhibits as may be required by statute or this chapter must be contained in an application. The application must be signed by the applicant.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 5 § 5.5, eff. 5-1-77]

NAC 638.180 Petitions. (NRS 638.070) All pleadings praying for affirmative relief, other than applications, accusations or answers, including requests for declaratory orders, advisory opinions, and requests for the adoption, filing, amendment or repeal of any regulation, must be styled “petitions.” All petitions must set forth the full name and post office address of the petitioner and must be signed by the petitioner.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 5 § 5.6, eff. 5-1-77]

NAC 638.190 Verification. (NRS 638.070) All pleadings must be verified.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 5 § 5.2, eff. 5-1-77]

NAC 638.200 Motions. (NRS 638.070)

1. A motion is a request directed at the Board’s authority to act on a given subject.

2. All motions, unless made during a hearing, must be in writing.

3. All written motions must set forth the nature of relief sought and the grounds for the relief requested.

4. A party desiring to oppose a motion may serve and file a written response to the motion.

5. The moving party may serve and file a written reply only if an opposition to the motion has been served and filed.

6. A decision must be rendered without oral argument unless oral argument is requested by the Board, in which event the Board will set a date and time for hearing.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 6, eff. 5-1-77]

NAC 638.210 Filing. (NRS 638.070) An original and two legible copies of all pleadings, motions or other papers must be filed with the Board. The Board may direct that a copy of all pleadings and motions be made available by the party filing them to any other person the Board determines may be affected by the proceeding and who desires copies.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 7 § 7.1, eff. 5-1-77]

NAC 638.220 Service of process. (NRS 638.017, 638.070)

1. All notices, documents, advisory opinions and declaratory orders required to be served by the Board will be served by mail, and service is complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail. Parties will be notified either personally or by certified mail of any adverse decision or order.

2. All documents required to be served by parties must be served by mail, and service is complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 7 § 7.2, eff. 5-1-77]

NAC 638.230 Proof of service. (NRS 638.017, 638.070) There must appear on all documents required to be served by the Board, other than decisions or orders, an acknowledgment of service or the following certificate:

I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy in person to .................................) (by mailing a copy, properly addressed, with postage prepaid, to .................................).

Dated at .................this ............(day) of .............. (month) of ......... (year)

.......................................................

Signature

[Bd. of Veterinary Med. Exam’rs, Practice Rule 7 § 7.3, eff. 5-1-77]

Complaints

NAC 638.240 General requirements. (NRS 638.070)

1. Upon its own initiative, or following receipt of a verified complaint, the Board may cause an accusation to be filed alleging one or more grounds for disciplinary action arising pursuant to NRS 638.140. Facts constituting grounds for disciplinary action must be stated with such particularity to enable the respondent to identify the actions in question.

2. All applicable citations, statutes, regulations or orders of the Board must be stated together with the dates on which the acts or omissions occurred.

3. If more than one cause of action is alleged, each cause of action must be stated and numbered separately.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 5 § 5.7, eff. 5-1-77]

NAC 638.245 Confidentiality of proceedings after filing of complaint; investigations. (NRS 638.070)

1. All proceedings and investigations after the filing of a complaint are confidential, except to the extent necessary for the conduct of an investigation, until the Board determines to proceed with disciplinary action. If the Board dismisses the complaint, the proceedings remain confidential. If the Board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.

2. If the Board conducts an investigation upon a complaint against a licensee, the Board will not limit the scope of its investigation to the matters set forth in the complaint but may extend the investigation to any additional matters which appear to constitute a violation of any provision of this chapter or chapter 638 of NRS.

3. If, after its investigation, the Board dismisses the complaint, the dismissal does not operate as a limitation on or a deterrent to any subsequent investigation or other action by the Board.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A by R009-04, 4-26-2004)

Hearings

NAC 638.250 Request for hearing; filing of answer. (NRS 638.070)

1. A party or parties against whom an accusation is filed must, within 15 days of receipt of the accusation, notify the Board in writing whether a hearing on the accusation is requested. Failure to request a hearing is a waiver of the right to hearing. The Board may allow a hearing notwithstanding the fact that it was not requested within 15 days.

2. If a hearing is requested, the respondent shall file an answer within 20 days of receipt thereof.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 5 § 5.8, eff. 5-1-77]

NAC 638.260 Notice; location. (NRS 638.070)

1. Hearings must be held before the Board. A quorum of the Board is sufficient to convene any hearing.

2. Notice of the hearing will include:

(a) A statement of the time, place and nature of the hearing.

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.

(d) A short and plain statement of the matters asserted.

3. Notice of the hearing will be served at least 20 days before the time set for it. A hearing which has previously been continued may be reset on notice of not less than 10 days.

4. Hearings will be held at such place in the State as may be designated by the Board in the notice of hearing.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.1, eff. 5-1-77]

NAC 638.271 Continuance. (NRS 638.070) The Board or a hearing officer or panel will grant a continuance upon a joint stipulation of the parties or the existence of emergency conditions or for good cause shown upon a written request filed with the Board, hearing officer or panel not later than 10 days before the hearing and physically served upon the opposing party at least 10 days before the hearing. “Good cause shown” will be narrowly construed. Any party requesting a continuance for good cause shown shall appear on the date set for hearing and be prepared to proceed.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86)

NAC 638.280 Failure of party to appear. (NRS 638.070)

1. If a party fails to appear at a hearing scheduled by the Board and no continuance has been requested or granted, the Board may hear the evidence of such witnesses as may have appeared and the Board may proceed to consider the matter and dispose of it on the basis of the evidence before it.

2. If, because of accident, sickness or other reasonable cause, a person fails to appear for a hearing scheduled by the Board or fails to request a continuance, the person may, within a reasonable time not to exceed 15 days from the date of the hearing, apply to the Secretary of the Board to reopen the proceedings. The Board, upon finding cause sufficient and reasonable, will immediately fix a time and place for hearing and give the person notice thereof. At the time and place fixed, a hearing must be held at which the person may testify in his own behalf or present such other evidence as may be beneficial to his cause.

3. Witnesses who have previously testified are not required to appear at the second hearing unless so directed by the Board.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.2, eff. 5-1-77]

NAC 638.290 Conduct at hearings. (NRS 638.070) All parties to hearings, their counsel and spectators shall conduct themselves in a respectful manner.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.4, eff. 5-1-77]

NAC 638.300 Preliminary procedure. (NRS 638.070) The presiding member of the Board shall call the proceeding to order and proceed to take the appearances, and act upon any pending motions or petitions. The parties may then make opening statements.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.3, eff. 5-1-77]

NAC 638.310 Testimony must be under oath. (NRS 638.070) All testimony to be considered by the Board in any hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall swear or affirm that the testimony he is about to give is the truth, the whole truth, and nothing but the truth.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.5, eff. 5-1-77]

NAC 638.315 Testimony of expert witness. (NRS 638.070)

1. The parties shall provide direct testimony of their expert witnesses through written testimony prepared before the hearing if the parties stipulate to providing such testimony in such a manner or if the presiding officer orders the parties to provide such testimony in such a manner. The written testimony must include, without limitation:

(a) The resume, curriculum vitae or other similar statement detailing the qualifications of the expert witness to serve as an expert witness;

(b) A statement of the expert’s opinion in question and answer format;

(c) A listing of all persons, treatises or other information referred to in the preparation of the opinion or that served as a basis of the opinion;

(d) A listing of all documents reviewed in the preparation of the opinion;

(e) Any exhibits or documents that the expert deems necessary or useful to accompany his opinion; and

(f) A notarized statement that the prepared testimony is sworn to be true and is submitted under penalty of perjury as if the testimony were given in person before the Board.

2. If a party desires to use expert testimony in a matter, the party must file the written testimony of the expert with the Board and ensure that the other parties of record receive a copy of such testimony at least 10 business days before the hearing. The evidence and testimony of any expert witness may be excluded if it is not filed with the Board and provided to the other parties pursuant to this subsection.

3. After testimony is filed with the Board, amendments to the testimony may be made upon approval of the Board or presiding officer.

4. The testimony of an expert witness may be read into the record by the witness upon direct examination if the Board or presiding officer determines that such reading is appropriate under the circumstances.

5. The testimony of an expert witness may be provided to the Board members before the hearing on the matter to which the testimony relates.

6. An expert witness must appear at a hearing in which his testimony has been proffered pursuant to this section. Each party who has not proffered the testimony of the witness may cross-examine the witness regarding his written testimony provided in accordance with this section. The Board may examine the expert witness regarding his written testimony provided in accordance with this section. The party who proffered the prepared testimony may only examine the witness on redirect examination.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R057-00, eff. 6-20-2000)

NAC 638.340 Consolidation. (NRS 638.070) The presiding member of the Board may consolidate two or more proceedings into one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consolidation. At any consolidated hearing, the presiding member of the Board shall determine the order of procedure.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.7, eff. 5-1-77]

NAC 638.350 Stipulations. (NRS 638.070) With approval of the presiding member, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The presiding member may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.8, eff. 5-1-77]

NAC 638.360 Official notice of Board. (NRS 638.070) The Board may take official notice of judicially cognizable facts and of recognized technical or scientific facts within the Board’s specialized knowledge, including the following matters:

1. Regulations, official reports, decisions, orders, standards or records of the Board and any regulatory agency of this State or any court of record.

2. Matters of common knowledge and technical or scientific facts of established character.

3. Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference. Reference to the documents must be made by the party offering them. The documents must be published and generally circulated so that an opportunity is given to all the parties of interest to the hearing to examine them and present rebuttal evidence.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.13, eff. 5-1-77]

NAC 638.370 Briefs. (NRS 638.070) The Board may request briefs to be filed within such time as may be allowed by the Board. The brief must be accompanied by proof of service in accordance with NAC 638.230.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.12, eff. 5-1-77]

NAC 638.380 Decision by Board. (NRS 638.070)

1. A decision or order which is adverse to a party in any hearing will be in writing or stated in the record and will include findings of fact and conclusions of law.

2. Orders or decisions will be rendered within 90 days of the completion of the hearing unless a shorter time is required by statute.

3. A proceeding stands as submitted for decision by the Board after the taking of evidence, the filing of briefs or the presentation of any oral argument permitted by the Board.

4. Decisions and orders of the Board will be served by sending a copy by certified mail to the parties of record or their representatives or by personal service. Additional copies of orders may be obtained upon written request.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 9, eff. 5-1-77]

NAC 638.390 Rehearings. (NRS 638.070)

1. Within 15 days of the rendering of a decision or order by the Board, the aggrieved party may apply for a rehearing by filing a written petition for rehearing setting forth the grounds for the petition.

2. The Board will act upon the petition within 30 days after the effective date of the order or decision upon which the rehearing is requested. If no action is taken by the Board within the time specified, the petition shall be deemed denied and the Board’s decision is final.

3. The Board, on its own motion, may order a rehearing within 30 days of its decision if mistake, fraud or misconception of facts existed in the forming of its original decision.

4. Rehearings must be conducted in accordance with the procedure at hearings.

5. The filing of a petition for rehearing does not excuse compliance with the order or decision nor suspend the effectiveness of the order unless otherwise ordered by the Board.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 10, eff. 5-1-77]

NAC 638.400 Records of hearings. (NRS 638.070)

1. Upon the filing of a petition for judicial review of a final decision in a contested case, the Board will cause a record to be made in accordance with subsection 6 of NRS 233B.121 and transmit the record to the reviewing court in accordance with subsection 2 of NRS 233B.131.

2. Persons desiring copies of the record may obtain them from the office of the Board upon payment of the fees assessed by the Board.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 8 § 8.14, eff. 5-1-77]

Miscellaneous Petitions

NAC 638.410 Petitions for declaratory orders or advisory opinions. (NRS 638.070)

1. The Board will consider petitions for declaratory orders or advisory opinions relating to the applicability of any statutory provision, regulation or decision of the Board.

2. All petitions for declaratory orders and advisory opinions must be in writing using substantially the format of Form No. 1.*

3. Upon submission of a petition for a declaratory order or advisory opinion, the Board will, within 30 days, either deny the petition in writing, stating its reasons, or initiate proceedings in accordance with NRS 233B.060.

*See adopting agency for form.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 11, eff. 5-1-77]

NAC 638.420 Petitions for adoption, amendment or repeal of regulations. (NRS 638.070)

1. Any interested person may petition the Board requesting the adoption, amendment or repeal of any regulation. The petition must include relevant data, views and arguments.

2. All petitions requesting the adoption, amendment or repeal of any regulation must be in writing using the format of Form No. 2.*

3. Within 30 days of the submission of the petition, the Board will either deny the petition in writing stating its reasons, or initiate proceedings in accordance with NRS 233B.060.

*See adopting agency for form.

[Bd. of Veterinary Med. Exam’rs, Practice Rule 12, eff. 5-1-77]

EUTHANASIA TECHNICIANS

NAC 638.450 Definitions. (NRS 638.070) As used in NAC 638.450 to 638.565, inclusive:

1. “Agency” means:

(a) A law enforcement agency;

(b) An animal control agency; or

Ê that employs a euthanasia technician to euthanize injured, sick, homeless or unwanted domestic pets and other animals.

2. “Euthanasia technician” has the meaning ascribed to it in NRS 638.005.

3. “Handler” means a person who is trained in techniques of animal handling and human safety and is not licensed as a euthanasia technician.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006; R088-07, 4-17-2008)

NAC 638.470 Duties of Board concerning training, examination and licensure. (NRS 638.070) The Board or its representative will:

1. Develop a course to train euthanasia technicians.

2. Develop instructional materials and a syllabus for the training course.

3. Offer the course to persons seeking training as euthanasia technicians at least one time each year.

4. Examine each applicant for licensing as a euthanasia technician.

5. Review the records and the performance of each person seeking licensure as a euthanasia technician or renewal of his license.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.475 Examination of trainees. (NRS 638.070, 638.117)

1. After each training course, the Board or its representative will examine each trainee.

2. The written examination must include:

(a) The theory and history of the methods of euthanasia;

(b) Anatomy of animals;

(d) Medications;

(e) Recordkeeping; and

(f) Techniques of injection.

3. The practical examination must include:

(a) Intravenous injection of an animal;

(b) Handling of an animal;

(d) Euthanasia of an animal;

(e) Demonstration of proper recordkeeping;

(f) Demonstration of understanding and concern for the needs of an animal;

(g) Demonstration of ability to handle difficult situations; and

(h) Communication with a handler.

4. The practical examination may include:

(a) Intracardiac injection of an animal; or

(b) Intraperitoneal injection of an animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.480 Demonstration of competence during practical examination of trainees. (NRS 638.070, 638.117)

1. During the practical examination, a euthanasia technician must demonstrate competence in:

(a) Giving injections by the performance of intravenous injections by insertion of a needle into the vein of an animal.

(b) Handling needles by:

(1) Keeping the cap on the needle until the injection is ready to be made;

(2) Choosing a needle of the appropriate size and length for the animal;

(3) Using a dosage of sodium pentobarbital not less than the minimum recommended by the manufacturer; and

(4) Aspirating the needle for all injections.

(1) Handling animals with care and regard for human safety. Use of devices for control must be limited to fractious or potentially dangerous animals.

(2) Communicating effectively with a handler.

(3) Lowering an animal that has been injected to a surface after the animal collapses.

2. During the practical examination, a euthanasia technician may demonstrate competence in giving injections by:

(a) The performance of intracardiac injections by insertion of a needle into the heart of an unconscious animal; or

(b) The performance of intraperitoneal injections by insertion of a needle into the injection site of an animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.485 Inspection of agencies; notification and correction of deficiencies. (NRS 638.070)

1. The Board or its representative may inspect any agency.

2. During the inspection of an agency, the Board or its representative may examine:

(a) The area and equipment used for euthanasia;

(b) Security and storage of drugs;

(d) Sanitation; and

(e) Any other condition of the agency that is relevant to the proper euthanasia of animals.

3. If a deficiency is found, the agency must be notified. The Executive Director of the Board may notify the State Board of Pharmacy.

4. The agency shall correct any deficiency within 30 days after the inspection.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A 11-26-96; R091-06, 11-13-2006)

NAC 638.490 Additional inspection of agency after discovery of deficiency; failure to correct deficiency. (NRS 638.070)

1. If a deficiency is found during an inspection of an agency, the Board or its representative will conduct a second inspection at the expense of the agency after the time given to correct the deficiency.

2. If the deficiency is not corrected:

(a) The Board may revoke or refuse to renew the license of any euthanasia technician employed by the agency; and

(b) The Executive Director of the Board will notify the State Board of Pharmacy and the Drug Enforcement Administration of the Department of Justice.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A 11-26-96; R091-06, 11-13-2006)

NAC 638.495 Fees of Board; issuance of license. (NRS 638.070, 638.116, 638.127)

1. The Board will charge the following fees:

(a) For the examination of a person seeking licensure as a euthanasia technician, $200.

(b) For the renewal of the license of a euthanasia technician, $100.

2. The Board will not refund any fee collected pursuant to NRS 638.116 or 638.127 if a euthanasia technician is terminated from employment by an agency.

3. The Board will issue a license to a euthanasia technician only after payment of the appropriate fee.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A 9-13-91; 2-28-97)

NAC 638.500 List of euthanasia technicians employed by agency; notice of termination of employment. (NRS 638.070) An agency shall:

1. Keep a list of euthanasia technicians who are employed by the agency.

2. Notify the Board within 30 days after a euthanasia technician is terminated from employment by the agency.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.505 Duties of euthanasia technicians. (NRS 638.070, 638.119) A euthanasia technician:

1. Is responsible for the area used for euthanasia.

2. Shall supervise and communicate with a handler who is aiding in the euthanasia of an animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A 7-7-94)

NAC 638.508 Implantation of subcutaneous identification microchip. (NRS 638.070, 638.119) A euthanasia technician may implant a subcutaneous identification microchip into an animal if the euthanasia technician has successfully completed training in implanting subcutaneous identification microchips that has been approved by the Board.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R088-07, eff. 4-17-2008)

NAC 638.510 Prerequisites to possession and administration of sodium pentobarbital. (NRS 638.070, 638.119) Before a euthanasia technician may possess and administer sodium pentobarbital:

1. The euthanasia technician must register with the State Board of Pharmacy; and

2. The agency employing the euthanasia technician must register with the Drug Enforcement Administration of the Department of Justice.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R021-03, 10-29-2003)

NAC 638.515 Standards for injection of animals. (NRS 638.070, 638.119) A euthanasia technician shall comply with the following standards for the injection of an animal:

1. Except as otherwise provided in subsection 2, an animal must be held or restrained by the euthanasia technician until the animal is unconscious.

2. If an animal cannot be held, it must be placed alone in a cage that has a cloth or other material covering the front of the cage.

3. Intravenous injection in the cephalic vein must be used on all dogs over the age of 3 months and any other large animal unless the physical condition, size or behavior of the animal is a danger to the euthanasia technician or a handler.

4. A euthanasia technician shall have the assistance of a handler when administering an intravenous injection.

5. After an intraperitoneal injection of an animal, the euthanasia technician shall check the animal every 5 minutes until death occurs.

6. A euthanasia technician may administer an intraperitoneal and intracardiac injection without the assistance of a handler.

7. A euthanasia technician shall not use a needle that is dirty, clogged, barbed or that may cause unnecessary discomfort to the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.520 Injection of sodium pentobarbital; verification of death. (NRS 638.070, 638.119)

1. If, within 30 seconds after an intravenous injection, 15 minutes after an intraperitoneal injection or 60 minutes after an oral administration of sodium pentobarbital, an animal demonstrates:

(a) Consciousness;

(b) Indications of breathing or a heartbeat;

(d) Corneal or pupillary reflexes,

Ê the euthanasia technician shall administer another dose of sodium pentobarbital.

2. The euthanasia technician may inject an animal with sodium pentobarbital if the animal is unconscious.

3. To verify death, the euthanasia technician shall examine each animal and find:

(a) Rigor mortis; or

(b) Lack of heartbeat, respiration, pupillary reflex and corneal reflex.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.525 Oral administration of sodium pentobarbital. (NRS 638.070, 638.119) A euthanasia technician may orally administer sodium pentobarbital in accordance with the instructions of the manufacturer to an animal that can be captured or restrained only with serious danger to human safety.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.530 Storage and security of sodium pentobarbital, needles and syringes. (NRS 638.070, 638.119)

1. An agency shall provide for the storage and security of sodium pentobarbital, needles and syringes.

2. If a euthanasia technician is not on duty, sodium pentobarbital, needles and syringes must be kept in a metal safe which is securely attached to the building in which it is housed.

3. If sodium pentobarbital, needles and syringes are stored in a safe that can be opened by an employee other than the euthanasia technician, the sodium pentobarbital must be kept in the safe in a separate locked container made of metal that is accessible only by the euthanasia technician.

4. The temperature and environment in the safe must be adequate to assure the proper storage of the sodium pentobarbital.

5. The euthanasia technician shall label each container of sodium pentobarbital with the name of the drug, the strength, the date that the sodium pentobarbital was received or prepared, a warning of the hazards, and the name and address of the euthanasia technician.

6. If a euthanasia technician is on duty and an animal is being euthanized, the euthanasia technician may keep sodium pentobarbital, needles and syringes in a temporary storage cabinet that is constructed of strong material and locked. Only the euthanasia technician may have the key to the cabinet.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.535 Records of receipt and use of sodium pentobarbital. (NRS 638.070, 638.119)

1. An agency or a euthanasia technician shall keep a record of all sodium pentobarbital received and used by the agency.

2. The record must contain:

(a) A weekly verification of the stock of sodium pentobarbital, signed by the euthanasia technician.

(b) A notation of the date and amount of sodium pentobarbital in a container each time that the drug is removed from secure storage.

(d) The amount of sodium pentobarbital used for each administration.

(e) The name or initials of the euthanasia technician who administered sodium pentobarbital.

(f) A notation of any waste of sodium pentobarbital, signed by the euthanasia technician who administered the drug.

(g) A notation of the disposal of expired or unwanted sodium pentobarbital.

3. A euthanasia technician shall file all records in chronological order in a binder that is labeled with the name of the agency. The binder must remain at the agency and be available to the Board or its representative for inspection.

4. An agency shall keep all records for not less than 4 years.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.540 Area used for euthanasia: General requirements. (NRS 638.070, 638.119)

1. The area used for euthanasia must:

(a) Be a room that is separated from the rest of the agency by a wall, barrier or other divider or an area that is not used for any other purpose while an animal is euthanized.

(b) Have bright and even lighting.

(d) Have adequate ventilation to prevent the accumulation of odors. At least one exhaust fan which is vented directly to the outside is required.

(e) Have dry, nonslip flooring to prevent accidents.

2. The euthanasia technician shall keep the area used for euthanasia clean and disinfected.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.545 Area used for euthanasia: Required equipment. (NRS 638.070) The agency shall provide the following equipment for the area used for euthanasia:

1. A table or work area where an animal can be handled while being euthanized. The surface must have a nonslip texture that provides comfortable footing for the animal.

2. A cabinet, table or workbench where the sodium pentobarbital, needles, syringes and clippers can be placed. This surface must be separate from the area described in subsection 1 where the animals are handled.

3. A sink or faucet within 25 feet of the area used for euthanasia.

4. Eighteen-, 20- and 22-gauge needles of medical quality and other sizes as required by the agency.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.550 Area used for euthanasia: Duties of euthanasia technicians. (NRS 638.070, 638.119) The euthanasia technician shall:

1. Have the following materials in the area used for euthanasia:

(a) A first-aid kit;

(b) At least one tourniquet;

(d) A control or rabies stick for dogs;

(e) A net for cats;

(f) A stethoscope;

(g) Towels;

(h) Sponges;

(i) Disinfectant; and

(j) Any other equipment necessary for the proper euthanasia of an animal.

2. Keep all equipment in good working order.

3. Store all equipment safely.

4. Label all drugs and chemicals used in the area.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.555 Suspension or revocation of license for abuse of sodium pentobarbital or failure to perform duties properly. (NRS 638.070, 638.119) The license of a euthanasia technician may be suspended or revoked if he fails to perform his duties properly or abuses sodium pentobarbital. As used in this section, “abuse” includes selling or stealing sodium pentobarbital, personal use of sodium pentobarbital or assisting another to abuse sodium pentobarbital.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

NAC 638.560 Grounds for disciplinary action. (NRS 638.070, 638.119) The Board may discipline a euthanasia technician for:

1. Violation of a regulation adopted by the Board, the State Board of Pharmacy or the Drug Enforcement Administration of the Department of Justice.

2. Habitual drunkenness.

3. Addiction to the use of a controlled substance.

4. Incompetence, gross negligence or other malpractice pertaining to veterinary medicine as evidenced by a claim of malpractice settled against the euthanasia technician.

5. Conviction of a violation of a law governing the possession, distribution or use of any controlled substance or dangerous drug defined in NRS 454.201.

6. Willful failure to comply with:

(a) A subpoena;

(b) An order of the Board;

(d) A rule of an agency.

7. Euthanasia of an animal without supervision while on probationary status.

8. Committing fraud or misrepresentation to secure a license.

9. Committing fraud or forgery or any deception relating to an examination for a license.

10. Perjury relating to the euthanasia of animals.

11. Engaging in professional conduct that is likely to deceive, defraud or harm the public.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90; A by R091-06, 11-13-2006)

NAC 638.565 Authorized forms of disciplinary action. (NRS 638.070, 638.147) The Board may take the following disciplinary actions:

1. Issuance of a letter of reprimand;

2. Imposition of a fine of not less than $100 nor more than $1,000;

3. Suspension of the license of a euthanasia technician;

4. Revocation of the license of a euthanasia technician; or

5. A combination of the disciplinary actions listed in subsections 1 to 4, inclusive.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 6-20-90)

VACCINATION OF ANIMALS

NAC 638.600 Vaccination clinics: General requirements. (NRS 638.070) A vaccination clinic must:

1. Transport and store vaccines in a manner that ensures the efficacy of the vaccines;

2. Provide refrigeration, cold storage or any other method of storage for a vaccine that is recommended by the manufacturer of the vaccine; and

3. Contain the equipment, supplies and medications necessary for the treatment of anaphylaxis or any other reaction to a vaccine, including, without limitation:

(a) Oxygen;

(b) Epinephrine;

(d) Intravenous catheters and injectable fluids;

(e) Endotracheal tubes of varying and appropriate diameters; and

(f) Equipment for resuscitating animals.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94)

NAC 638.610 Conduct and record of examination to determine whether animal may be vaccinated. (NRS 638.070)

1. An examination conducted to determine whether an animal may be vaccinated at a vaccination clinic or a veterinary facility must include, without limitation, an examination of the temperature, pulse and respiration of the animal to determine:

(a) The presence of any respiratory, intestinal or other organ disease that may affect the efficacy of the vaccine; and

(b) Whether the hydration of the animal is normal.

2. A medical record of the examination must be kept pursuant to NAC 638.0475.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94; A by R069-01, 10-12-2001; R088-07, 4-17-2008)

NAC 638.620 Duties of veterinarian before administration of vaccine. (NRS 638.070)

1. A veterinarian who administers vaccines at a vaccination clinic or a veterinary facility shall, before he administers a vaccination to an animal, conduct a physical examination of that animal pursuant to NAC 638.610.

2. If, after conducting an examination of the animal, the veterinarian determines that a condition exists that would cause harm to the animal if the vaccine were administered, he shall:

(a) Not administer the vaccine; and

(b) Direct the owner of the animal to contact a veterinarian for treatment of the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94; A by R091-06, 11-13-2006; R088-07, 4-17-2008)

STANDARDS FOR TREATMENT

NAC 638.700 Appropriate use of anesthesia, analgesia and sedation. (NRS 638.070) A veterinarian shall use appropriate methods of anesthesia, analgesia and sedation during each surgical procedure performed on an animal to:

1. Minimize pain and distress in the animal; and

2. Prevent injury to the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R220-97, eff. 8-5-98)

NAC 638.710 Requirements for use of general anesthesia. (NRS 638.070)

1. A veterinarian shall comply with the following requirements when putting an animal under general anesthesia:

(a) The animal must be given a physical examination not more than 12 hours before the anesthetic is administered. The physical examination must include, without limitation, an examination and written notation of:

(1) The temperature;

(2) The pulse rate;

(3) The respiration;

(4) The color of the mucous membrane; and

(5) The thoracic auscultation,

Ê of the animal.

(b) The animal must be under continuous observation while it is under general anesthesia until the swallowing reflex of the animal has returned.

(c) The animal must not be released until it has been examined by a veterinarian and it is ambulating. This paragraph must not be construed to prohibit the direct transfer of an animal under general anesthesia to an appropriate facility for observation.

(d) The following equipment must be available in the veterinary facility and must be in working order at all times:

(1) An anesthetic machine with breathing bags appropriate to the size of the animal under general anesthesia;

(2) An assortment of cuffed endotracheal tubes; and

(3) An oxygen delivery system.

(e) If it is appropriate for the species of animal when the swallowing reflex is impaired, the animal must be intubated and administered an appropriate concentration of oxygen.

(f) A method of monitoring respiration must be used, which may include, without limitation:

(1) Observing the chest movements of the animal;

(2) Watching the rebreathing bag; or

(3) Using a respirometer.

(g) A method of monitoring cardiac activity must be used, which may include, without limitation, the use of:

(1) A stethoscope; or

(2) An electrocardiographic monitor.

(h) Adequate surgical support, including, without limitation, an intravenous catheter, fluids and monitoring, as indicated by the status of the animal and the standard of care required of a licensed veterinarian under the circumstances, must be available.

(i) A written history must be maintained by the veterinarian for each animal put under general anesthesia, which must include, without limitation:

(1) The name or identification number of the animal.

(2) The medical history of the animal that is relevant to the administration of general anesthesia, which must include, without limitation, a description of any preexisting medical conditions and tests performed on the animal before surgery.

(3) A description of the general anesthesia used at the time of surgery.

(4) The method of monitoring that was used to comply with paragraphs (f) and (g).

2. As used in this section, “general anesthesia” means a controlled state of unconsciousness caused by a drug or combination of drugs that is sufficient to produce a state of unconsciousness or disassociation and a blocked response to pain or alarming stimulus.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R220-97, eff. 8-5-98; A by R069-01, 10-12-2001)

NAC 638.715 Requirements for performance of aseptic surgery. (NRS 638.070)

1. A veterinary facility which provides aseptic surgical services must reserve a room, separate and distinct from all other rooms, for aseptic surgical procedures.

2. When performing aseptic surgery:

(a) Each member of a surgical team shall wear the appropriate sanitary cap and sanitary mask;

(b) Any instrument used to perform aseptic surgery must be sterilized; and

(c) Each member of the surgical team who will be handling an instrument or touching the surgical site shall wear a sterilized surgical gown and sterilized gloves.

3. As used in this section, “aseptic surgery” means surgery performed under sterilized conditions to prevent the introduction of infectious microorganisms.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R075-06, eff. 11-13-2006)

NAC 638.720 Requirements for performance of clean surgery. (NRS 638.070)

1. When performing clean surgery:

(a) Any instrument used to perform clean surgery must be sterilized; and

(b) Each member of the surgical team who will be handling an instrument or touching the surgical site shall wear clean attire and gloves.

2. As used in this section, “clean surgery” means a surgical procedure which does not warrant the use of aseptic surgical procedures and which is conducted in a manner that is consistent with the prevailing standards of acceptable veterinary medical practice.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R075-06, eff. 11-13-2006)

NAC 638.725 Disposal of hypodermic devices. (NRS 638.070) Any person who is authorized to use hypodermic devices pursuant to the provisions of this chapter shall dispose of each hypodermic device he uses by placing the device directly into a rigid, labeled, leak-proof, puncture-resistant container. Needles must not be purposely bent or broken by hand or recapped.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 7-7-94)—(Substituted in revision for NAC 638.0627)

ANIMAL PHYSICAL THERAPY

NAC 638.750 “Animal physical therapy” defined. (NRS 638.070) As used in NAC 638.750 to 638.790, inclusive, “animal physical therapy” means the rehabilitation of injuries in a nonhuman animal through the use of the following techniques, but does not include animal chiropractic:

1. Stretching;

2. Massage therapy;

3. Rehabilitative exercise;

4. Hydrotherapy;

5. Application of heat or cold; and

6. Stimulation by the use of:

(a) Low-level lasers;

(b) Electrical sources;

(d) Noninvasive therapeutic ultrasound.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R009-04, eff. 4-26-2004; A by R091-06, 11-13-2006)

NAC 638.760 Requirements to practice; application for certificate of registration; fee. (NRS 638.070)

1. A person shall not practice animal physical therapy in this State unless he is:

(a) A veterinarian;

(b) A licensed veterinary technician who complies with the provisions of NAC 638.053; or

(c) A physical therapist who has obtained a certificate of registration pursuant to this section and complies with the provisions of NAC 638.780.

2. A physical therapist who desires to secure a certificate of registration to practice animal physical therapy in this State must make written application to the Board.

3. The application must be on a form provided by the Board, include any information required by the Board and be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Has been an active licensed physical therapist in this State for at least 3 years;

(d) Has successfully completed at least 100 hours of instruction or course work, or a combination of both, in the area of animal physical therapy, which must include, without limitation, assessment and planning of treatment, behavior, biomechanics, common orthopedic and neurological conditions, comparative anatomy, neurology, and therapeutic modalities and exercises; and

(e) Has completed at least 125 hours of supervised clinical experience in animal physical therapy with a licensed veterinarian.

4. The application must be signed by the applicant, notarized and accompanied by a fee of $50.

5. Except as otherwise provided in NAC 638.790, upon receipt of the application and information required by subsection 3 and payment of the fee, the Board will issue to the physical therapist a certificate of registration.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R009-04, eff. 4-26-2004; A by R075-06, 11-13-2006)

NAC 638.770 Expiration and renewal of certificate; fee. (NRS 638.070)

1. Each certificate of registration issued pursuant to NAC 638.760 or renewed pursuant to this section expires on January 1 of each year.

2. Each application for renewal of a certificate of registration must be:

(a) Submitted in the form established by the Board;

(b) Signed by the physical therapist and accompanied by a renewal fee of $25;

(c) Accompanied by proof that the physical therapist completed, during the 12-month period immediately preceding the beginning of the new registration year, at least 5 hours of continuing education in animal physical therapy approved by the Board; and

(d) Accompanied by proof that his license as a physical therapist in this State is active and that he is in good standing with the State Board of Physical Therapy Examiners.

3. A physical therapist who fails to renew his certificate of registration before it expires forfeits his certificate of registration.

4. Except as otherwise provided in NAC 638.790, upon receipt of the application for renewal and the information required by subsection 2 and payment of the renewal fee, the Board will renew the certificate of registration of the physical therapist.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R009-04, eff. 4-26-2004)

NAC 638.780 Standards of practice for physical therapist holding certificate; maintenance of records. (NRS 638.070)

1. A physical therapist who has been issued a certificate of registration pursuant to NAC 638.760 may practice animal physical therapy only:

(a) Under the direction of a veterinarian licensed in this State who has established a valid veterinarian-client-patient relationship concerning the animal receiving the animal physical therapy before the animal physical therapy is performed; and

(b) If the physical therapist assumes individual liability for the quality of the animal physical therapy performed.

2. The veterinarian under whose direction the physical therapist performs the animal physical therapy:

(a) Is not required to supervise the physical therapist during the animal physical therapy.

(b) Is not liable for the acts or omissions of the physical therapist who performs the animal physical therapy.

3. Each physical therapist who has been issued a certificate of registration shall:

(a) Maintain in this State for at least 4 years a separate written medical record of each animal receiving animal physical therapy from the physical therapist.

(b) Within 48 hours after the initial visit with the animal, mail or transmit by facsimile machine a complete copy of the medical record to the veterinarian under whose direction the physical therapist performs the animal physical therapy.

(c) Within 48 hours after each subsequent visit with the animal, mail or transmit by facsimile machine a progress report to the veterinarian under whose direction the physical therapist performs the animal physical therapy.

4. The veterinarian shall include the copy of the medical record received pursuant to subsection 3 in the medical record required pursuant to NAC 638.0475. The written medical record must include, without limitation:

(a) The name, address and telephone number of the owner of the animal;

(b) The name or identifying number, or both, of the animal;

(d) The dates of care, custody or treatment of the animal;

(e) The results of a basic rehabilitation examination related to physical therapy;

(f) The diagnosis and treatment plan related to physical therapy recommended by the physical therapist for the animal; and

(g) The progress and disposition of the case.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R009-04, eff. 4-26-2004)

NAC 638.790 Disciplinary action. (NRS 638.070)

1. A violation of a provision of chapter 638 or 640 of NRS or a regulation adopted by the State Board of Physical Therapy Examiners or the Nevada State Board of Veterinary Medical Examiners is a ground for disciplinary action.

2. If the Nevada State Board of Veterinary Medical Examiners determines that an applicant for a certificate of registration pursuant to NAC 638.760 or a physical therapist who has been issued a certificate of registration pursuant to NAC 638.760 has committed any act which is a ground for disciplinary action, the Board may:

(a) Refuse to issue a certificate of registration;

(b) Refuse to renew a certificate of registration;

(d) Suspend a certificate of registration for a definite period or until further order of the Board;

(e) Impose a fine in an amount not to exceed $10,000 for each act that constitutes a ground for disciplinary action;

(f) Place a physical therapist who has been issued a certificate of registration on probation subject to any reasonable conditions imposed by the Board, including, without limitation, requiring courses in continuing education or a periodic or continuous review of his animal physical therapy practice;

(g) Administer a public reprimand;

(h) Require the physical therapist who has been issued a certificate of registration to take a competency examination or a mental or physical examination; and

(i) Require the physical therapist who has been issued a certificate of registration to pay all costs, including, without limitation, attorney’s fees, incurred by the Board in taking disciplinary action against him.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R009-04, eff. 4-26-2004)

ANIMAL CHIROPRACTIC

NAC 638.800 “Animal chiropractic” defined. (NRS 638.070) As used in NAC 638.800 to 638.840, inclusive, “animal chiropractic” means the examination and treatment of a nonhuman animal through the manipulation and adjustment of specific joints and cranial sutures of the animal.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R115-99, eff. 12-7-99; A by R110-02, 11-6-2002)

NAC 638.810 Requirements to practice; application for registration certificate; fee. (NRS 638.070)

1. A person shall not practice animal chiropractic in this State unless he is:

(a) A veterinarian; or

(b) A chiropractor who has obtained a registration certificate pursuant to this section and complies with the provisions of NAC 638.830.

2. A chiropractor who desires to secure a registration certificate to practice animal chiropractic in this State must make written application to the Board.

3. The application must be on a form provided by the Board, include any information required by the Board and be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Has been an active licensed chiropractor in this State for at least 1 year;

(d) Is certified by the American Veterinary Chiropractic Association.

4. The application must be signed by the applicant, notarized and accompanied by a fee of $50.

5. Except as otherwise provided in NAC 638.840, upon receipt of the application and information required by subsection 3 and payment of the fee, the Board will issue to the chiropractor a certificate of registration.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R115-99, eff. 12-7-99; A by R110-02, 11-6-2002)

NAC 638.820 Expiration and renewal of certificate; fee. (NRS 638.070)

1. Each certificate of registration issued pursuant to NAC 638.810 or renewed pursuant to this section expires on January 1 of each year.

2. Each application for renewal of a certificate of registration must be:

(a) Submitted in the form established by the Board;

(b) Signed by the chiropractor and accompanied by a fee of $25;

(c) Accompanied by proof that the chiropractor completed, during the 12-month period immediately preceding the beginning of the new registration year, at least 15 hours of continuing education in animal chiropractic approved by the Board; and

(d) Accompanied by proof that his license as a chiropractor in this State is active and that he is in good standing with the Chiropractic Physicians’ Board of Nevada.

3. A chiropractor who fails to renew his certificate of registration before it expires forfeits his certificate of registration.

4. Except as otherwise provided in NAC 638.840, upon receipt of the application for renewal and information required by subsection 2 and payment of the fee, the Board will renew the certificate of registration of the chiropractor.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R115-99, eff. 12-7-99; A by R059-01, 10-12-2001; R110-02, 11-6-2002; R091-06, 11-13-2006)

NAC 638.830 Standards of practice for chiropractor holding certificate; maintenance of records. (NRS 638.070)

1. A chiropractor who has been issued a certificate of registration pursuant to NAC 638.810 may practice animal chiropractic only:

(a) Under the direction of a veterinarian licensed in this State who has established a valid veterinarian-client-patient relationship concerning the animal receiving the animal chiropractic before the animal chiropractic is performed; and

(b) If the chiropractor assumes individual liability for the quality of the animal chiropractic performed.

2. The veterinarian under whose direction the chiropractor performs the animal chiropractic:

(a) Is not required to supervise the chiropractor during the animal chiropractic.

(b) Is not liable for the acts or omissions of the chiropractor who performs animal chiropractic.

3. Each chiropractor who has been issued a certificate of registration shall:

(a) Maintain in this State for at least 4 years a separate written medical record of each animal receiving animal chiropractic.

(c) Within 48 hours after each subsequent visit with the animal, mail or transmit by facsimile machine a progress report to the veterinarian under whose direction the chiropractor performs the animal chiropractic.

(a) The name, address and telephone number of the owner of the animal;

(b) The name or identifying number, or both, of the animal;

(d) The dates of care, custody or treatment of the animal;

(e) The results of a basic physical examination related to musculoskeletal manipulation;

(f) The diagnosis and treatment plan related to musculoskeletal manipulation recommended by the chiropractor for the animal; and

(g) The progress and disposition of the case.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R115-99, eff. 12-7-99; A by R059-01, 10-12-2001; R110-02, 11-6-2002)

NAC 638.840 Disciplinary action. (NRS 638.070)

1. A violation of a provision of chapter 634 or 638 of NRS or a regulation adopted by the Chiropractic Physicians’ Board of Nevada or the Nevada State Board of Veterinary Medical Examiners is a ground for disciplinary action.

2. If the Nevada State Board of Veterinary Medical Examiners determines that an applicant for a certificate of registration pursuant to NAC 638.810 or a person who has been issued a certificate of registration pursuant to NAC 638.810 has committed any act which is a ground for disciplinary action, the Board may:

(a) Refuse to issue a certificate of registration;

(b) Refuse to renew a certificate of registration;

(d) Suspend a certificate of registration for a definite period or until further order of the Board;

(e) Impose a fine in an amount not to exceed $10,000 for each act that constitutes a ground for disciplinary action;

(f) Place a person who has been issued a certificate of registration on probation subject to any reasonable conditions imposed by the Board, including, without limitation, requiring courses in continuing education or a periodic or continuous review of his animal chiropractic practice;

(g) Administer a public reprimand;

(h) Require the person who has been issued a certificate of registration to take a competency examination or a mental or physical examination; and

(i) Require the person who has been issued a certificate of registration to pay all costs, including, without limitation, attorney’s fees, incurred by the Board in taking disciplinary action against him.

(Added to NAC by Bd. of Veterinary Med. Exam’rs by R115-99, eff. 12-7-99; A by R059-01, 10-12-2001; R110-02, 11-6-2002)

MISCELLANEOUS PROVISIONS

NAC 638.850 Inspection of veterinary facilities and vaccination clinics: Authorization and procedure. (NRS 638.070, 638.077, 638.132)

1. An inspector approved by the Board may conduct inspections of veterinary facilities and vaccination clinics.

2. Each inspector shall evaluate a veterinary facility or vaccination clinic for compliance with the practice of veterinary medicine pursuant to the provisions of this chapter and chapter 638 of NRS.

3. Each inspector shall:

(a) During an inspection, use a form for inspection approved by the Board. The form must include:

(1) A description of the nature of any violation;

(2) The specifications for any changes required to be made to correct the violation; and

(3) The time allowed to correct the violation.

(b) Submit to the Board the form for inspection for each veterinary facility or vaccination clinic he inspects not later than 10 days after he conducts the inspection.

(Added to NAC by Bd. of Veterinary Med. Exam’rs, eff. 3-19-86; A 7-7-94; R075-06, 11-13-2006)—(Substituted in revision for NAC 638.066)