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Mississippi Legislature· HB 514Approved by Governor (Chapter 366)

Mississippi Veterinary Practice Act; amend to include certain provisions for certified veterinary technicians., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services

By: Representative Creekmore IV

House Bill 514

(As Sent to Governor)

AN ACT TO AMEND SECTION 73-39-53, MISSISSIPPI CODE OF 1972,
TO REVISE THE DEFINITION OF "VETERINARIAN-CLIENT-PATIENT
RELATIONSHIP" AS USED IN THE MISSISSIPPI VETERINARY PRACTICE ACT; TO AMEND
SECTION 73-39-55, MISSISSIPPI CODE OF 1972, TO ADD ONE CERTIFIED VETERINARY
TECHNICIAN AND ONE PUBLIC MEMBER TO THE BOARD OF VETERINARY MEDICINE; TO PROVIDE
CERTAIN QUALIFICATIONS FOR THE PUBLIC MEMBER OF THE BOARD; TO AMEND SECTION 73-39-57,
MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE THE AMOUNT OF INSPECTION
FEES TO BE PAID BY EACH LICENSED VETERINARIAN EMPLOYED BY THE INSPECTED
VETERINARY ESTABLISHMENT; TO AMEND SECTION 73-39-63, MISSISSIPPI CODE OF 1972,
TO PROHIBIT A PERSON FROM USING THE TITLE OF VETERINARY TECHNOLOGIST OR
TECHNICIAN UNLESS CREDENTIALED BY THE BOARD; TO AMEND SECTION 73-39-69,
MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR THE BOARD TO PROVIDE AT
LEAST ONE EXAMINATION FOR LICENSING EACH YEAR AND TO GIVE PUBLIC NOTICE OF THE
TIME AND PLACE OF EACH EXAMINATION; TO AMEND SECTION 73-39-71, MISSISSIPPI CODE
OF 1972, TO REMOVE PROVISIONS AUTHORIZING THE BOARD TO ISSUE A LICENSE BY
ENDORSEMENT; TO AMEND SECTION 73-39-75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE
THE BOARD TO DETERMINE THE AMOUNT OF THE FEE FOR LICENSE RENEWAL; TO INCREASE
THE AGE OF LICENSED VETERINARIANS EXEMPT FROM PAYMENT OF THE RENEWAL FEE FROM
SIXTY-FIVE YEARS OF AGE OR OLDER TO SEVENTY YEARS OF AGE OR OLDER; TO AMEND
SECTION 73-39-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO REVOKE OR
SUSPEND THE CERTIFICATION OF A VETERINARY TECHNICIAN OR TECHNOLOGIST; TO AMEND
SECTION 73-39-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE
THE AMOUNT OF THE FINE FOR A PERSON WHO PRACTICES VETERINARY MEDICINE WITHOUT A
VALID LICENSE OR USING THE TITLE CERTIFIED VETERINARY TECHNICIAN OR CERTIFIED
VETERINARY TECHNOLOGIST; TO AUTHORIZE THE BOARD TO BRING AN ACTION TO ENJOIN ANY
PERSON FROM PRACTICING VETERINARY TECHNOLOGY WITHOUT A VALID CERTIFICATION; AND
FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
73-39-53, Mississippi Code of 1972, is amended as follows:

73-39-53.  When
used in this chapter, these words and phrases shall be defined as follows:

(a)  "Abandoned" means to forsake entirely, to
neglect or refuse to provide or perform legal obligations for the care and
support of an animal or to refuse to pay for treatment or other services
without an assertion of good cause.

(b)  "Accredited college of veterinary
medicine" means any veterinary
college, school or division of a university or college that offers the degree
of doctor of veterinary medicine or its equivalent and that is accredited by
the Council on Education of the American Veterinary Medical Association (AVMA).

(c)  "Accredited program in veterinary
technology/technician" means any postsecondary educational program that is
accredited by the Committee on Veterinary Technician Education and Activities
of the AVMA.

(d)  "Animal" means any animal other than a human.

(e)  "Board" means the Board of Veterinary Medicine.

(f)  "Client" means the patient's owner, owner's
agent or other person responsible for the patient.

(g)  "Complementary, alternative and integrative
therapies" means a heterogeneous group of preventive, diagnostic, and
therapeutic philosophies and practices, which at the time they are performed
may differ from current scientific knowledge, or whose theoretical basis and
techniques may diverge from veterinary medicine routinely taught in accredited
veterinary medical colleges, or both.  These therapies include, but are not
limited to, veterinary acupuncture, acutherapy and acupressure; veterinary
homeopathy; veterinary manual or manipulative therapy (therapies based on
techniques practiced in osteopathy, chiropractic medicine or physical medicine
and therapy); veterinary nutraceutical therapy; and veterinary phytotherapy.

(h)  "Consultation" means when a licensed
veterinarian receives advice in person, telephonically, electronically or by
any other method of communication, from a veterinarian licensed in this or any
other state or other person whose expertise, in the opinion of the licensed
veterinarian, would benefit a patient.

(i)  "Certified veterinary technician" means a
veterinary technician certified by the board.

(j)  "Direct supervision" means a licensed
veterinarian is readily available on the premises where the patient is being
treated.

(k)  "Educational equivalence" means the holder has
demonstrated knowledge and skill equivalent to that possessed by a graduate of
an accredited college of veterinary medicine.

(l)  "Extralabel use" means actual use or intended
use of a drug in an animal in a manner that is not in accordance with the
approved labeling.  This includes, but is not limited to, use in species not
listed in the labeling, use for indications (disease or other conditions) not
listed in the labeling, use at dosage levels, frequencies, or routes of
administration other than those stated in the labeling, and deviation from the
labeled withdrawal time based on these different uses.

(m)  "Impaired veterinarian" means a veterinarian who
is unable to practice veterinary medicine with reasonable skill and safety
because of a physical or mental disability as evidenced by a written
determination from a competent authority or written consent based on clinical
evidence, including deterioration of mental capacity, loss of motor skills, or
abuse of drugs or alcohol of sufficient degree to diminish the person's ability
to deliver competent patient care.

(n)  "Indirect supervision" means a veterinarian has
given either written or oral instructions for treatment of the patient and is
readily available by telephone or other form of communication.

(o)  "Informed consent" means the veterinarian has
informed the client, in a manner that would be understood by a reasonable
person, of the diagnostic and treatment options, risk assessment and prognosis
and has provided the client with an estimate of the charges for veterinary
services to be rendered and the client has consented to the recommended
treatment.

(p)  "Licensed veterinarian" means a person licensed
to practice veterinary medicine in this state.

(q)  "Patient" means an animal that is examined or
treated by a veterinarian.

(r)  "Person" means any individual, firm, partnership
(general, limited or limited liability), association, joint venture,
cooperative, corporation, limited liability company or any other group or
combination acting in concert and whether or not acting as a principal, partner,
member, trustee, fiduciary, receiver or as any other kind of legal or personal
representative or as the successor in interest, assignee, agent, factor,
servant, employee, director, officer or any other representative of such
person.

(s)  "Practice of veterinary medicine" means:

(i)  To diagnose, treat, correct, change, alleviate or
prevent animal disease, illness, pain, deformity, defect, injury or other
physical, dental or mental conditions by any method or mode, including:

1.  The prescribing, dispensing, administering or
applying of any drug, medicine, biologic, apparatus, anesthetic or other
therapeutic or diagnostic substance or medical or surgical technique; or

2.  The using of complementary, alternative and
integrative therapies; or

3.  The rendering of advice or recommendation by any
means including telephonic and other electronic communications with regard to
any of the above.

(ii)  To represent, directly or indirectly, publicly or
privately, an ability and willingness to do an act described in this paragraph.

(iii)  To use any title, words, abbreviation or letters in
a manner or under circumstances that induce the belief that the person using
them is qualified to do any act described in this paragraph.

(t)  "Practice of veterinary technology" means to
perform patient care or other services that require a technical understanding
of veterinary medicine on the basis of written or oral instruction of a
veterinarian, excluding diagnosing, prognosing, performing surgery or prescribing
drugs, medicine or appliances.

(u)  "Veterinarian" means a person who has received a
professional veterinary medical degree from a college of veterinary medicine.

(v)  "Veterinarian-client-patient relationship" means
that all of the following are required:

(i)  The veterinarian has assumed the responsibility for
making clinical judgments regarding the health of the animal and the need for
medical treatment, and the client has agreed to follow the veterinarian's
instructions.

(ii)  The veterinarian has sufficient knowledge of the
animal to initiate at least a general or preliminary diagnosis of the medical
condition of the animal because the veterinarian has * * * recently seen the animal within the
immediately preceding twelve (12) months and is personally acquainted with
the keeping and care of the animal either by virtue of an examination of the
animal or by medically appropriate and timely visits to the premises where the
animal is kept.

(w)  "Veterinary medicine" means all branches and specialties
included within the practice of veterinary medicine.

(x)  "Veterinary premises" means any premises or
facility where the practice of veterinary medicine occurs, including, but not
limited to, a mobile clinic, outpatient clinic, satellite clinic or veterinary
hospital or clinic, but shall not include the premises of a veterinary client,
research facility, a federal military base or an accredited college of
veterinary medicine.

(y)  "Veterinary prescription drug" means a drug that
may not be dispensed without the prescription of a veterinarian and that bears
the label statement:  "CAUTION:  Federal law restricts this drug to use by
or on the order of a licensed veterinarian."

(z)  "Veterinary technician" means a person certified
by the board as a veterinary technician.

(aa)  "Veterinary technologist" means a graduate of a
four-year accredited program in veterinary technology.

SECTION 2.  Section
73-39-55, Mississippi Code of 1972, is amended as follows:

73-39-55.  (1)
A Board of Veterinary Medicine shall
be appointed by the Governor and shall consist of five (5) licensed
veterinarians, one (1) Certified Veterinary Technician, and one (1) public
member with at least one (1) member from each of the Supreme Court
districts of the state and not more than * * *two (2) three (3) members from the same
Supreme Court district.  All professional members of the Board of
Veterinary Medicine shall * * * be veterinarians who have * * *practiced been licensed to practice in
this state for a period of not less than five (5) years * * * and shall be graduates of a school of veterinary medicine
recognized by the American Veterinary Medical Association.
Appointments shall be for a five-year term or to fill an unexpired term.  The
Governor shall fill all vacancies on the board as they shall occur by
appointment from a list of three (3) eligible veterinarians submitted by
the Mississippi Veterinary Medical Association * * * for each vacancy for veterinarian
members and a list of three (3) eligible certified veterinary technicians
submitted by the Mississippi Association of Veterinary Technicians for
veterinary technician members.  For the appointment of the public member of the
board, the public member shall be, at the time of the appointment, a citizen of
the United States; a resident of Mississippi for a period of not less than one
(1) year and a registered voter; a person who is not and has never been a
member of any profession licensed or regulated under the
Mississippi Veterinary Practice Act, Section 73-39-51 et seq. or the spouse
of such person; and a person who does not have and has never had a material
financial interest in either the providing of the professional services
regulated by the Mississippi Veterinary Practice Act, or an activity or
organization directly related to any profession licensed or regulated under the
Mississippi Veterinary Practice Act.  The duties of the public member shall not
include the determination of the technical requirements to be met for
licensure, whether any person meets such technical requirements, or the
technical competence or technical judgment of a licensee or candidate for
licensure.  If the vacancy to be filled
is caused by expiration of the term, death, resignation or inability to serve
as a board member whose residence is in a Supreme Court district having two (2)
members on the board, the Mississippi Veterinary Medical Association shall
submit six (6) names:  three (3) from the Supreme Court district in which the
former board member resided and three (3) from the Supreme Court district which
had only one (1) member on the board, and the Governor shall fill the vacancy
by appointment of one (1) of the six (6) nominees.  All appointments shall be
with the advice and consent of the Senate.

Members of the board serving on the predecessor board under Section
73-39-5 on July 1, * * *2005
2008, may continue as members of the board until the expiration of the
term for which they were appointed.  Vacancies due to death, resignation or
removal shall be filled for the remainder of the unexpired term in the same
manner as regular appointments.

(a)  A licensed veterinarian or certified veterinary
technician shall be qualified to serve as a member of the board if he or
she has been licensed to practice veterinary medicine or certified to
practice veterinary technology, respectively, in this state for the five
(5) years immediately preceding the time of his or her appointment.

(b)  Each member of the board shall be paid in accordance with
Section 25-3-69 for each day or substantial portion thereof if he or she
is engaged in the work of the board, in addition to such reimbursement for
travel and other expenses as is allowed under Section 25-3-41.

(2)  The board shall meet at least once each year at the time and
place fixed by rule of the board.  Other necessary meetings may be called by
the board by giving notice as may be required by rule.  Except as may otherwise
be provided, a majority of the board constitutes a quorum.  Meetings shall be
open and public except that the board may meet in closed session to prepare,
approve, administer or grade examinations or to deliberate the qualification of
an applicant for license or the disposition of a proceeding to discipline a
licensed veterinarian or certified veterinary technician in accordance
with Section 25-41-7.

(3)  The board annually shall elect officers from its membership as
may be prescribed by rule.  Officers of the board serve for terms of one (1)
year and until a successor is elected, without limitation on the number of
terms an officer may serve.  The duties of officers shall be prescribed by
rule.

SECTION 3.  Section
73-39-57, Mississippi Code of 1972, is amended as follows:

73-39-57.  The board may:

(a)  Adopt, amend or repeal all rules necessary for its
government and all regulations necessary to implement this chapter, including
the establishment and publication of standards of practice and professional
conduct for the practice of veterinary medicine.

(b)  Adopt, promulgate and enforce rules and regulations
relating to specific duties and responsibilities; certification, registration
or licensure; and other matters pertaining to veterinary technicians or
nonlicensed persons consistent with this chapter.

(c)  Initiate disciplinary procedures, hold hearings,
reprimand, suspend, revoke or refuse to issue or renew credentials and perform
any other acts that may be necessary to regulate veterinary technicians and
technologists.

(d)  Examine by established protocol the qualifications and
fitness of applicants for a license to practice veterinary medicine in this
state.

(e)  Issue, renew or deny the licenses and temporary permits to
practice veterinary medicine.

(f)  Limit, suspend or revoke the licenses of disciplined
veterinarians or otherwise discipline licensed veterinarians consistent with
this chapter and applicable rules and regulations.

(g)  Establish and publish annually a schedule of fees for
licensing * * * and,
certification and inspection.

(h)  Conduct investigations of suspected violations of this
chapter to determine whether there are sufficient grounds to initiate
disciplinary proceedings.

(i)  Inspect veterinary premises and equipment, including
practice vehicles, on a * * *triennial basis regular basis to be determined by the board
and assess an inspection fee * * *in the amount of One Hundred Dollars ($100.00) per
inspection to be determined by the board and an additional
fee * * *of Fifty Dollars
($50.00) to be determined by the board for each licensed
veterinarian employed by the inspected veterinary establishment.

(j)  Hold hearings on all matters properly brought before the
board, to administer oaths, receive evidence, make necessary determinations and
enter orders consistent with the findings.  The board may require by subpoena
the attendance and testimony of witnesses and the production of papers, records
or other documentary evidence and commission depositions.  The board may
designate one or more of its members to serve as its hearing officer.  The
board shall adopt rules and regulations for hearings before the board and the
rules shall afford any person appearing before the board the safeguards of
procedural due process.  Formal rules of evidence shall not apply.

(k)  Employ full- or part-time personnel necessary to implement
this chapter and purchase or rent necessary office space, equipment and
supplies.

(l)  Appoint from its own membership one or more members to act
as representatives of the board at any meeting within or outside the state.

(m)  Bring proceedings in the courts against any person for the
enforcement of this chapter or any regulations made pursuant thereto.

The powers enumerated herein are granted for the purpose of enabling
the board to supervise effectively the practice of veterinary medicine and
veterinary technology and are to be construed liberally to accomplish this
objective.

SECTION 4.  Section
73-39-63, Mississippi Code of 1972, is amended as follows:

73-39-63.  (1)
The practice of veterinary technology is a privilege granted by legislative
authority to maintain public health, safety and welfare and to protect the
public from being misled by unauthorized individuals.

(2)  An individual who has graduated from a veterinary technology or
technician program that is accredited according to the standards adopted by the
American Veterinary Medical Association's Committee on Veterinary
Technician/Technology Education and Activities, and who has filed the
application and the requisite fees shall be eligible to take the examination
for certification as an animal technician.

(3)  Veterinary technicians and technologists applying for
certification shall be required to pass the Veterinary Technician National
Examination, with scores as set by the board, before receiving certification.

(4)  All certified veterinary technicians and technologists shall be
required to complete continuing professional education as prescribed by rule to
renew their credentials.

(5) * * *After
a hearing, The board may suspend, revoke or deny the issuance or
renewal of certification of any veterinary technician or technologist who is
found guilty of any of the following:

(a)  Fraud or misrepresentation in applying for certification.

(b)  Criminal offense relating to veterinary medicine.

(c)  Any violation of the Uniform Controlled Substances Law.

(d)  Convicted of cruelty to animals.

(e)  Violation of any of the rules or regulations of the board.

(6)  A certified veterinary technician or technologist is an
individual who has been credentialed to practice veterinary technology in the State
of Mississippi.  A person shall not use the title "veterinary
technologist", "veterinary technician", "vet tech" or
the abbreviation "CVT" unless credentialed by the board.

SECTION 5.  Section
73-39-69, Mississippi Code of 1972, is amended as follows:

73-39-69. * * *  (1)  The board shall provide for at least one (1)
examination for licensing, certification or registration during each calendar
year and may provide for such additional examinations as are necessary.  The
board shall give public notice of the time and place of each examination at
least one hundred twenty (120) days before the date of the examination.

( * * *21)
The preparation, administration, grading and criterion for passing examinations
shall be governed by * * *rules
prescribed an agency approved by the board.  Examinations for
veterinary * * *licensure
credentials shall be designed to test the examinee's knowledge of and
proficiency in the subjects and techniques pertaining to the practice of
veterinary medicine commonly taught in an accredited college of veterinary
medicine.  The passing score shall be determined by the testing entity.  The
board may adopt and use the results of a nationally recognized testing entity
such as the * * *National
Board of Veterinary Medical Licensing Examiners International
Council for Veterinary Assessment or American Association of Veterinary State
Boards.

( * * *32)
Any person, not licensed to practice veterinary medicine or veterinary technology
under the laws of Mississippi, shall be required to take the state board
examination.  This examination shall be designed to test the applicant's
knowledge of the Mississippi Veterinary Practice Act and Principles of
Veterinary Medical Ethics as set forth by the American Veterinary Medical
Association. * * *Notice
of this examination shall be given one hundred twenty (120) days in advance,
and application must be made at least thirty (30) days before the examination.
The examination shall be administered annually on the second Tuesday of June.  The
application fee and time and location of the examination shall be determined by
the board.

( * * *43)
After examination, each examinee shall be notified of the result of the
examination, and the board shall issue a license signed by members of the
board.  Any person who fails an examination may be admitted to any subsequent
examination on payment of the application fee.

SECTION 6.  Section
73-39-71, Mississippi Code of 1972, is amended as follows:

73-39-71. * * *(1)  The board may issue
a license by endorsement to an applicant who furnishes satisfactory proof that
he is a graduate of an accredited college of veterinary medicine or the
educational equivalence.  The applicant must also show that he is a person of
good moral character and is licensed to practice veterinary medicine in at
least one (1) state, territory or district of the United States and has
practiced veterinary medicine in one or more of those states without
disciplinary action by any state or federal agency for at least the three (3)
years immediately before filing the application.

(2)  The board may examine any person qualifying for
licensing under this section.

(3)
The issuance of a license * * *by endorsement to a military-trained applicant,
military spouse or person who establishes residence in this state shall be
subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.  An
applicant seeking licensure in this state who is licensed to practice
veterinary medicine in another jurisdiction must show that he or she is a
person of good moral character and is licensed to practice veterinary medicine
in at least one (1) state, territory or district and has practiced veterinary
medicine in all of those same named jurisdictions without disciplinary action
by any state or federal agency immediately before filing the application.

SECTION 7.  Section
73-39-75, Mississippi Code of 1972, is amended as follows:

73-39-75.  (1)
All licenses shall expire August 1 of each year but may be renewed by
registration with the board and payment of the license renewal fee.  At least
thirty (30) days in advance, the board shall mail an expiration notice to each
licensed veterinarian and include a form for renewal.

(2)  The board shall establish the continuing education requirements
that must be met for license renewal.

(3)  Any person may renew an expired license within five (5) years
of the date of its expiration by making written application for renewal, paying
the current renewal fee and a reinstatement fee * * *of Five Hundred Dollars ($500.00) as
determined by the board, plus all delinquent renewal fees and complying
with continuing education requirements.

(4)  The board may waive the payment of the registration renewal fee
of a licensed veterinarian or certified veterinary technician during the
period when he or she is on active duty with any branch of the armed
services of the United States.

(5)  Any licensed veterinarian who is * * *sixty‑five (65) seventy (70) years
of age or older and who is employed as a veterinarian on a part-time basis * * * only (less than twenty (20) hours per week)
shall be exempt from payment of such renewal fee.

* * * (6)  The payment of the annual license renewal fee shall be optional for
all veterinarians seventy (70) years and older.

SECTION 8.  Section
73-39-77, Mississippi Code of 1972, is amended as follows:

73-39-77.  (1)
Upon a written complaint sworn
to by any person, the board, in its sole discretion, may * * *, after a hearing, revoke, suspend or limit for
a certain time a license or certification, impose an administrative fine * * *not to exceed One Thousand Dollars ($1,000.00) for each
separate offense to be determined by the board, or otherwise
discipline any licensed veterinarian or certified veterinary technician
for any of the following reasons:

(a)  The employment of fraud, misrepresentation or deception in
obtaining a license or certification.

(b)  The inability to practice veterinary medicine or
veterinary technology with reasonable skill and safety because of a
physical or mental disability, including deterioration of mental capacity, loss
of motor skills or abuse of drugs or alcohol of sufficient degree to diminish
the person's ability to deliver competent patient care.

(c)  The use of advertising or solicitation that is false or
misleading.

(d)  Conviction of the following in any federal court or in the
courts of this state or any other jurisdiction, regardless of whether the
sentence is deferred:

(i)  Any felony;

(ii)  Any crime involving cruelty, abuse or neglect of
animals, including bestiality;

(iii)  Any crime of moral turpitude;

(iv)  Any crime involving unlawful sexual contact, child
abuse, the use or threatened use of a weapon, the infliction of injury,
indecent exposure, perjury, false reporting, criminal impersonation, forgery
and any other crime involving a lack of truthfulness, veracity or honesty,
intimidation of a victim or witness, larceny, or alcohol or drugs.

For the purposes of this paragraph, a plea of guilty or a plea of
nolo contendere accepted by the court shall be considered as a conviction.

(e)  Incompetence, gross negligence or other malpractice in the
practice of veterinary medicine or veterinary technology.

(f)  Aiding the unlawful practice of veterinary medicine or
veterinary technology.

(g)  Fraud or dishonesty in the application or reporting of any
test for disease in animals.

(h)  Failure to report, as required by law, or making false or
misleading report of, any contagious or infectious disease.

(i)  Failure to keep accurate patient records.

(j)  Dishonesty or gross negligence in the performance of food
safety inspections or in the issuance of any health or inspection certificates.

(k)  Failure to keep veterinary premises and equipment,
including practice vehicles, in a clean and sanitary condition.

(l)  Failure to permit the board or its agents to enter and
inspect veterinary premises and equipment, including practice vehicles, as set
by rules promulgated by the board.

(m)  Revocation, suspension or limitation of a license to practice
veterinary medicine or certification as a veterinary technician or
technologist by another state, territory or district of the United States.

(n)  Loss or suspension of accreditation by any federal or
state agency.

(o)  Unprofessional conduct as defined in regulations adopted
by the board.

(p)  The dispensing, distribution, prescription or
administration of any veterinary prescription drug, or the extralabel use of
any drug in the absence of a veterinarian-client-patient relationship.

(q)  Violations of state or federal drug laws.

(r)  Violations of any order of the board.

(s)  Violations of this chapter or of the rules promulgated
under this chapter.

(t)  Violation(s) of the provisions of Sections 41-121-1
through 41-121-9 relating to deceptive
advertisement by health care practitioners.

(2)  A certified copy of any judgment of conviction or finding of
guilt by a court of competent jurisdiction or by a governmental agency, or
agency authorized to issue licenses, certifications or permits,
including the United States Department of Agriculture, Animal and Plant Health
Inspection Service, the Mississippi Board of Animal Health and the Mississippi
Board of Health, of a veterinarian or veterinary technician of any matters
listed in this section shall be admissible in evidence in any hearing held by
the board to discipline such veterinarian or technician and shall constitute
prima facie evidence of the commission of any such act.

SECTION 9.  Section
73-39-91, Mississippi Code of 1972, is amended as follows:

73-39-91.  (1)
Any person who practices veterinary medicine without a valid license * * *or temporary permit issued by the board or
using the title Certified Veterinary Technician or Certified Veterinary
Technologist is guilty of a misdemeanor and, upon conviction, shall be
fined an amount * * *of not
more than Five Hundred Dollars ($500.00) nor less than One Hundred Dollars
($100.00) per violation if each act of such unlawful practice constitutes a
distinct and separate offense to be determined by the board.

(2)  Any person not licensed or certified under this chapter
is considered to have violated this chapter and may be subject to all the
penalties provided for such violations if he or she:

(a)  Performs any of the functions described as the practice of
veterinary medicine or veterinary technology as defined in this chapter;

(b)  Represents, directly or indirectly, publicly or privately,
an ability and willingness to perform any of the functions described as the
practice of veterinary medicine or veterinary technology as defined in
this chapter; or

(c)  Uses any title, words, abbreviation or letters in a manner
or under circumstances that induces the belief that the person using them is
qualified to perform any of the functions described as the practice of
veterinary medicine or veterinary technology as defined in this chapter.

(3)  The board may bring an action to enjoin any person from
practicing veterinary medicine or veterinary technology without a valid
license or * * * temporary
permit certification issued by the board.  If the court finds
that the person is violating or is threatening to violate this chapter, it
shall enter an injunction restraining him from the unlawful acts.

(4)  Notwithstanding any other provisions of this chapter, the board
may take immediate action if there is an imminent threat to the health, safety
or welfare of the public.  The board shall find that this action is necessary
for the protection of the public and necessary to effectively enforce this chapter.
If the board takes immediate action under this subsection, efforts shall be
made as soon as possible to proceed in accordance with a hearing under Section
73-39-81.

(5)  In addition to any other penalty or remedy provided by law, the
board may implement a system of cite and fine procedures for licensed and
nonlicensed persons who violate the state veterinary practice act.  The board
may also impose a civil penalty, upon conviction, for each separate violation.
This civil penalty shall be in an amount * * *not to exceed Five Hundred Dollars ($500.00) for each
violation to be determined by the board and shall be assessed
by the board in accordance with the provisions set forth in Section 73-39-81.

(6)  The success or failure of an action based on any one (1) of the
remedies set forth in this section shall in no way prejudice the prosecution of
an action based on any other of the remedies.

SECTION 10.  This act
shall take effect and be in force from and after July 1, 2026.
Every fact on this page links to its source, starting with the official bill record.