An Act To Update the Maine Veterinary Practice Act
Maine Legislature, Session 126, LD 1202
Committee: Labor, Commerce, Research and Economic Development
Sponsors: DILL, CAIN, BLACK, CRAY, MAREAN, MORIARTY, NOON, PRINGLE, SHAW
Amends: 32 MRSA §4851, 32 MRSA §4853, 32 MRSA §4860, 32 MRSA §4861, 32 MRSA §4861-A, 32 MRSA §4864, 32 MRSA §4865, 32 MRSA §4866, 32 MRSA §4869, 32 MRSA §4870, 32 MRSA §4877

Legislative Document 
No. 1202 
H.P. 846 
House of Representatives, March 26, 2013 
An Act To Update the Maine Veterinary Practice Act 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DILL of Old Town. 
Cosponsored by Senator CAIN of Penobscot and 
Representatives: BLACK of Wilton, CRAY of Palmyra, MAREAN of Hollis, MORIARTY of 
Cumberland, NOON of Sanford, PRINGLE of Windham, SHAW of Standish. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §4851, as enacted by PL 1975, c. 477, §4, is amended to read: 
§4851.  Legislative findings 
The Legislature finds and declares that the public health, safety and welfare of the 
people of Maine from incompetent, dishonest or unprincipled practitioners of veterinary 
medicine by ensuring the delivery of competent veterinary medical care and further that 
the right to practice veterinary medicine is a privilege conferred by legislative grant to 
persons possessed of personal and professional qualifications specified in this chapter. 
Sec. 2.  32 MRSA §4853, sub-§1-A, as enacted by PL 1993, c. 404, Pt. A, §3, is 
amended to read: 
1-A.  Veterinary assistant.  "Animal health assistant" "Veterinary assistant" means a 
person employed in a veterinary facility to assist a licensed veterinarian or a licensed 
veterinary technician, but who has neither had the formal training required for licensure 
nor passed the required examination for licensure as a veterinary technician. 
Sec. 3.  32 MRSA §4853, sub-§4-A, as amended by PL 1997, c. 246, §3, is 
further amended to read: 
4-A.  Direct supervision.  "Direct supervision" means any time when a supervisor is 
on the premises or and is quickly and easily available. 
Sec. 4.  32 MRSA §4853, sub-§4-B, as enacted by PL 1993, c. 404, Pt. A, §5, is 
further amended to read: 
4-B.  Indirect supervision.  "Indirect supervision" means any time when a supervisor 
is not on the premises, but that supervisor has issued written or oral instructions 
pertaining to the treatment of animal patients is available for consultation on patient care. 
Sec. 5.  32 MRSA §4853, sub-§5-A is enacted to read: 
5-A.  Patient.  "Patient" means an animal or group of animals examined or treated by 
a veterinarian. 
Sec. 6.  32 MRSA §4853, sub-§7, as repealed and replaced by PL 1997, c. 246, 
§4, is amended to read: 
7.  Practice of veterinary medicine.  "Practice of veterinary medicine" means: 
A.  The diagnosis, treatment, correction, change, relief or prevention of animal 
disease, deformity, defect, injury or other physical or mental condition, including the 
prescription or administration of a drug, medicine, biologic, apparatus, application, 
anesthetic or other imaging, therapeutic or diagnostic technique or nutritional 
substance or technique on, for or to any animal, including, but not limited to, 
acupuncture, dentistry, homeopathic or chiropractic procedures, physical or massage 
therapy, surgery including cosmetic elective surgery, implanting of microchips or 
similar devices or any manual, mechanical, biological or chemical procedure used for 
pregnancy testing or correcting sterility or infertility; 
B.  The removal of an embryo from an animal for the purposes of transferring that 
embryo into another female animal or the processing or cryopreserving of that 
embryo.  The practice of veterinary medicine does not include the removal of an 
embryo from the person's own animal; 
C.  The representation directly or indirectly of an ability and willingness to perform 
an act included in paragraph A; and 
D.  The use of any titles, word or abbreviations of letters in a manner or under 
circumstances that induce the belief that the person using them is legally authorized 
and qualified to perform any act included in paragraph A.  That use is prima facie 
evidence of the intention to represent oneself as engaged in the practice of veterinary 
medicine. 
The practice of veterinary medicine must occur within an established veterinarian-client-
patient relationship. 
Sec. 7.  32 MRSA §4853, sub-§7-B is enacted to read: 
7-B.  Practice of veterinary technology.  "Practice of veterinary technology" means: 
A.    The performance of patient care or other services that require a technical 
understanding of veterinary medicine, on the basis of written or oral instructions of a 
veterinarian. “Practice of veterinary technology” does not include diagnosing, making 
prognoses, performing surgery or prescribing a drug, medicine, biologic, apparatus, 
application, anesthetic or other imaging, therapeutic or diagnostic technique or 
nutritional substance or technique on, for or to any patient; 
B.    The representation directly or indirectly of an ability and willingness to perform 
an act authorized under paragraph A; and  
C.    The use of any titles, word or abbreviations of letters in a manner or under 
circumstances that induce the belief that the person using them is legally authorized 
and qualified to perform any act authorized under paragraph A.   
Sec. 8.  32 MRSA §4853, sub-§8-A, as enacted by PL 1993, c. 404, Pt. A, §5, is 
amended to read: 
8-A.  Supervisor.  "Supervisor" means a licensed veterinarian or, if the task being 
supervised warrants, a licensed veterinary technician. 
Sec. 9.  32 MRSA §4853, sub-§11, as enacted by PL 1993, c. 404, Pt. A, §5, is 
amended to read: 
11.  Licensed veterinary technician.  "Veterinary Licensed veterinary technician" 
means a person who has completed a minimum of 2 years in a college program that is 
certified according to the standards adopted by the American Veterinary Medical 
Association's Committee on Veterinary Technician Education and Activities or an 
equivalent program, as determined by the board, and who has passed an examination 
prescribed by the board. 
Sec. 10.  32 MRSA §4860, first ¶, as amended by PL 1983, c. 48, §3, is further 
amended to read: 
No A person may not practice veterinary medicine in this State who is not a licensed 
veterinarian or the holder of a valid temporary permit or permit for the performance of 
relief veterinary service issued by the board. This shall section does not apply to: 
Sec. 11.  32 MRSA §4860, sub-§5, as enacted by PL 1975, c. 477, §4, is amended 
to read: 
5.  Owner or caretaker of livestock or animal. The owner or caretaker of an animal 
livestock or another food-producing animal and the owner's regular employee caring for 
and treating the animal livestock or other food-producing animal belonging to such 
owner, except where when the care requires anesthesia or when the ownership of the 
animal livestock or other food-producing animal was transferred for purposes of 
circumventing this chapter.  This subsection does not apply to companion animals, 
including but not limited to cats and dogs. 
Sec. 12.  32 MRSA §4860, sub-§7, as enacted by PL 1975, c. 477, §4, is repealed. 
Sec. 13.  32 MRSA §4861, as amended by PL 2011, c. 189, §1, is further amended 
to read: 
§4861.  Application for license; qualifications and examination 
A person desiring a license to practice veterinary medicine in this State must make 
written application and pay the license fee as set under section 4863-A.  The application 
must show that the applicant holds a doctorate degree in veterinary medicine from an 
approved veterinary medicine program that is recognized by the United States 
Department of Education and by the board, and is trustworthy and competent and provide 
such other information and proof as the board may establish by rule.   The board may 
adopt rules applicable to graduates of approved veterinary medicine programs by the 
Commissioner of Education and rules applicable to foreign educated graduates who can 
demonstrate equivalent education and training.  Rules adopted pursuant to this section are 
routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
1-A.  Examinations.  Examinations, written or practical, must be prepared to 
measure the competence of an applicant to engage in the practice of veterinary medicine.  
The board may also test an applicant's knowledge of the laws and rules relating to the 
practice of veterinary medicine.  The board may require successful completion of an 
equivalency examination or assessment mechanism for foreign educated and trained 
applicants that is designed to evaluate educational equivalence, including clinical 
competencies and a command of the English language. 
The board may employ and cooperate and contract with an organization or consultant in 
the preparation, administration and grading of an examination, but retains sole discretion 
and responsibility for determining which applicants have successfully passed the 
examination.  The applicant shall pay the examination fee as set under section 4863-A. 
3.  Temporary permit.  The board may issue without examination a temporary 
permit to practice veterinary medicine in this State to a qualified applicant for license 
pending examination.  A temporary permit issued pursuant to this subsection expires the 
day after the notice of results of the first examination given after the permit is issued.  
The applicant shall pay the temporary permit fee set under section 4863-A. 
4.  Permit for performance of relief veterinary service.  The board may issue 
without examination a permit to perform relief veterinary service in this State to a 
qualified person who holds a doctorate degree in veterinary medicine from an approved 
veterinary medicine program that is recognized by the United States Department of 
Education and by the board or by rules of the board applicable to foreign educated 
graduates, and who holds a current license for the practice of veterinary medicine issued 
by another state, United States territory, province of Canada or other jurisdiction.  The 
board may establish, by rule, the application process.  The initial term of a permit issued 
under this subsection may not exceed 30 days. Extensions may be granted in the 
discretion of the board.  The applicant shall pay the relief permit fee as set under section 
4863-A. 
4-A.  Request by state veterinarian.  Upon the request by the state veterinarian to 
the board, a veterinarian licensed in another state may practice in the State for a period 
not to exceed 30 days without a state license or permit. 
5.  Licensure by endorsement.  The board shall grant a license by endorsement to a 
veterinarian who: 
A.  Has submitted a complete application; 
B.  Has paid the examination and license fee as set under section 4863-A; 
C.  Holds a valid license issued by another state, United States territory, province of 
Canada or other jurisdiction; 
D-1.  Has successfully passed an examination pursuant to subsection 1-A pertaining 
to the practice of veterinary medicine as determined by board rule.  The board may 
require the applicant to submit to an examination covering the laws and rules 
pertaining to the practice of veterinary medicine in this State; and 
E.  Has actively practiced clinical veterinary medicine for 3,000 hours during the 3 
years preceding application. 
Notwithstanding this subsection, the board shall waive the requirement that a veterinarian 
pass an examination for veterinarians who have, during the 6 years preceding the 
application, actively practiced clinical veterinary medicine for at least 6,000 hours 
without disciplinary action relating to the practice of veterinary medicine by another 
state, United States territory or province of Canada. 
Sec. 14.  32 MRSA §4861-A is enacted to read: 
§4861-A.  Application for veterinary technician license; qualifications and 
examination 
In order to practice as a licensed veterinary technician in this State, a person must 
apply for a veterinary technician license by submitting a written application, paying the 
license fee as set under section 4863-A and taking an examination for a license.  In order 
to take the examination for a license, an applicant must: 
1.  Education completed.  Have completed a minimum of 2 years in a college 
program that is certified according to the standards adopted by the American Veterinary 
Medical Association's Committee on Veterinary Technician Education and Activities or 
an equivalent program, as determined by the board; or 
2.  Within 6 months of completing education.  Be within the final 6 months of 
professional study in a program of education for veterinary technology approved by the 
board or accredited by an accrediting organization approved by the board. 
Upon the request of the state veterinarian to the board, a licensed veterinary technician 
may practice in the State for a period not to exceed 30 days without a state license. 
Sec. 15.  32 MRSA §4864, sub-§12, as amended by PL 2011, c. 594, §1, is 
further amended to read: 
12.  Unauthorized associations.  A veterinarian may practice only in an individual 
capacity under that veterinarian's own name or in association with a licensed practitioner 
of veterinary medicine or professional association.  Notwithstanding paragraph A, for For 
purposes of this subsection, a veterinarian who has an employment relationship with a 
corporation or other legal entity that provides a continuum of veterinary services and 
treatment, including, but not limited to, diagnostic laboratory, research and development 
services and health and import and export certification, is considered to be lawfully 
practicing under that veterinarian's own name as long as that veterinarian is individually 
accountable for conduct under that veterinarian's license.  The following are deemed 
unauthorized associations: 
A.   Except as otherwise provided in this subsection, association for the joint practice 
of veterinary medicine with any person, corporation or partnership not licensed to 
practice veterinary medicine; 
B.  Knowingly aiding and abetting in the practice of veterinary medicine any person 
not licensed to practice in this State; 
C.  The lending, leasing or in any other manner placing of one's license at the 
disposal of or in the service of any other person not licensed to practice veterinary 
medicine in this State; and 
D.  The continuance of a veterinarian directly or indirectly in the employ of or in 
association with any veterinarian after knowledge that such veterinarian is engaged in 
the violation of the provisions of this chapter; or 
Sec. 16.  32 MRSA §4865, as amended by PL 2005, c. 347, Pt. C, §3, is repealed. 
Sec. 17.  32 MRSA §4866, as amended by PL 1997, c. 246, §§25 and 26, is further 
amended to read: 
§4866.  Duties of licensed veterinary technicians and veterinary assistants 
An animal health A veterinary assistant may, under the direct supervision of a 
licensed veterinarian or a registered licensed veterinary technician, perform duties of an 
animal health care nature. The duties do not include excluding diagnosing, making 
prognoses, performing surgery, interpreting laboratory tests or prescribing or initiating 
treatment. 
A licensed veterinary technician registered in the State may perform, under the 
supervision and direction of a licensed veterinarian, such duties as drug administration, 
nursing care, x-ray film exposure and processing, bandage changes, dental prophylaxis, 
restraint, blood and fecal collections, diagnostic laboratory procedures and other duties 
the supervising veterinarian or the board may prescribe by rule, consistent with this 
chapter, except no one but a veterinarian may diagnose, make prognoses, prescribe or 
initiate treatment or surgery or perform surgery engage in the practice of veterinary 
technology on the basis of written or oral instruction of a veterinarian. 
Sec. 18.  32 MRSA §4869, as amended by PL 1993, c. 404, Pt. A, §13, is further 
amended to read: 
§4869.  Reinstatement 
A veterinarian or licensed veterinary technician whose license is revoked or 
suspended or a veterinary technician whose registration is revoked or suspended may, at 
the discretion of the board, be relicensed, reregistered or reinstated at any time without an 
examination by majority vote of the board on written application made to the board 
showing cause justifying the relicensing, reregistration or reinstatement. 
Sec. 19.  32 MRSA §4870, as amended by PL 2007, c. 402, Pt. R, §10, is further 
amended to read: 
§4870.  Enforcement 
Any person who practices veterinary medicine without a currently valid license, 
temporary permit or permit for the performance of relief veterinary service is subject to 
the provisions of Title 10, section 8003-C.  A person engaged in the practice of veterinary 
technology without a valid license is subject to the provisions of Title 10, section 8003-C. 
Sec. 20.  32 MRSA §4877 is enacted to read: 
§4877.  Veterinarian-client-patient relationship required 
In order to practice veterinary medicine, a veterinarian must be engaged in a 
veterinarian-client-patient relationship.  A veterinarian-client-patient relationship exists 
when a veterinarian: 
1.  Engaged by client.  Has been engaged by the client; 
2.  Assumed responsibility.  Has assumed responsibility for making medical 
judgments regarding the health of the patient;  
3.  Knowledge of patient.  Has sufficient knowledge of the patient to initiate a 
preliminary diagnosis of the medical condition of the patient and has personal knowledge 
of the keeping and care of the patient as a result of: 
A.  A timely examination of the patient by the veterinarian; or 
B.  A medically appropriate and timely visit or visits by the veterinarian to the patient 
while that patient is under the care of the veterinarian's practice; 
4.  Follow-up evaluation.  Is readily available for follow-up evaluation or has 
arranged for veterinary emergency coverage and continuing care and treatment; and 
5.  Records.  Maintains patient records. 
SUMMARY 
This bill makes the following changes to the Maine Veterinary Practice Act. 
1.  It amends the legislative findings section to update the language. 
2.  It changes the designation of "animal health assistant" to "veterinary assistant." 
3.  It defines "patient" as an animal or group of animals examined or treated by a 
veterinarian. 
4.  It amends the definition of "practice of veterinary medicine." 
5.  It establishes a definition of "practice of veterinary technology." 
6.  Currently, veterinary technicians are registered under state law; this bill requires 
that veterinary technicians be licensed.  
7.  Currently, owners or caretakers of animals who care for or treat their animals are 
exempted from the requirement that only a licensed veterinarian may provide certain 
aspects of veterinary care.  This bill limits that exemption to owners or caretakers of 
livestock. 
8.  Under current law, a person may sell or apply pesticide or insecticide for the 
betterment and protection of an animal without licensure as a veterinarian; this bill 
eliminates this licensure exemption. 
9.  It eliminates the Maine State Board of Veterinary Medicine's authority to issue a 
temporary permit to a qualified applicant for a veterinary license pending examination, 
and authorizes a licensed veterinarian or a licensed veterinary technician to practice for 
no more than 30 days in the State upon the request of the state veterinarian. 
10.  It requires that, in order to take the licensing examination for veterinary 
technicians, the applicant must have completed the professional education requirements 
for licensure or be within the final 6 months of professional study in an approved 
program of education. 
11.  It removes the prohibition against association for the joint practice of veterinary 
medicine with any person, corporation or partnership not licensed to practice veterinary 
medicine. 
12.  It updates language outlining the duties of licensed veterinary technicians and 
veterinary assistants.