1. (a) Definitions. Certain terms as provided by Arkansas Code § 17-101-316 shall be defined as:

   1. (1) “Individual technician” shall be referred to as a nonveterinarian embryo transfer technician and means a person who performs the biosecure process of inducing increased ovulations within a donor female for the:

      1. (A) In vitro or in vivo production of embryos;
      2. (B) Flushing of those embryos;
      3. (C) Collecting, grading, and transferring of those embryos to recipient females; or
      4. (D) Cryopreservation of those embryos for storage and later transfer to recipient females;

   2. (2) “Livestock embryo transfer or transplant” means services provided by a nonveterinarian embryo transfer technician certified by the Arkansas Board of Animal Health that:

      1. (A) Involves and shall be limited to nonsurgical embryo transfer in livestock; and
      2. (B) May include basic ultrasonography of:

2. (i) Their ovaries to evaluate the response to embryo transfer associated procedures; and

   1. (ii) The uterus to determine pregnancy by the detection of a heartbeat within the transferred embryo at or greater than twenty-eight (28) days of gestation of such animals; and

   2. (3) “Qualified course” means:

      1. (A) A course on livestock embryo transfer or transplant and livestock pregnancy determination taught:

         1. (i) By someone with a Doctorate or Master of Science degree with an emphasis in animal reproductive physiology or a Doctor of Veterinary Medicine; or
         2. (ii) Through an accredited or approved college of veterinary medicine; or
      2. (B) A Doctorate or Master of Science degree with an emphasis in animal reproductive physiology.

3. (b) Application. The application for certification as a nonveterinarian embryo transfer technician in the State of Arkansas shall be written and signed by the applicant, include the information set forth below, and be accompanied by a nonrefundable one thousand-dollar application fee:

   1. (1)

      1. (A) One (1) letter from a licensed veterinarian who has witnessed the applicant's ability to perform livestock embryo transfer or transplant and livestock pregnancy determination on at least three (3) occasions within six (6) consecutive months.

      2. (B) The letter shall include the dates that the veterinarian spent with the applicant and an endorsement certifying that the applicant is proficient in the following areas:

         1. (i) Basic knowledge, skills, and abilities required to proficiently extract, grade, freeze, thaw, and transfer livestock embryos; and
         2. (ii) The ability to properly use ultrasound equipment in determining pregnancy status with at least ninety percent (90%) accuracy beginning at sixty (60) days of pregnancy and with at least ninety percent (90%) accuracy when identifying trimester;
   2. (2) A record of successfully completing a qualified course taught by a livestock reproduction specialist on both livestock embryo transfer and livestock pregnancy determination;

   3. (3) Proof that the applicant has at least fifty percent (50%) financial interest in livestock management equipment, including without limitation:

      1. (A) Ultrasound equipment;
      2. (B) Microscope;
      3. (C) Embryo freezer; and
      4. (D) Other required transfer tools; and

   4. (4) Proof of membership in either the International Embryo Technology Society or the American Embryo Transfer Association.

      1. (c) Renewal. A certification under this section expires after two (2) years and the nonveterinarian embryo transfer technician shall submit the following to the board for renewal:
   5. (1) A renewal application;
   6. (2) A renewal application fee of two hundred fifty dollars ($250); and

   7. (3) A record of completing a continuing education course on bovine reproduction within the United States of America or Canada.

      1. (d) Continuing education.
   8. (1) Nonveterinarian embryo transfer technicians are required to earn eight (8) credit hours before becoming eligible for renewal.

   9. (2) Those hours shall be completed within the United States of America or Canada through the following:

      1. (A) The annual conference of the International Embryo Technology Society;
      2. (B) The annual convention of the American Embryo Transfer Association; or
      3. (C) Another course on bovine reproduction preapproved by the board.
4. (e) Record keeping. A nonveterinarian embryo transfer technician shall keep and maintain a record that contains the contact information of the licensed veterinarian prescribing or dispensing prescription drugs who has a valid veterinarian-client-patient relationship with the livestock owner when the prescription drugs are administered by the technician.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided the following at the beginning of the section: “(Adopted: 4/4/2018) (Effective: 9/1/2018)”.