4 CCR 727-1
DEPARTMENT OF REGULATORY AGENCIES VETERINARY MEDICINE RULES AND REGULATIONS 4 CCR 727-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________
1.1 AUTHORITY
These regulations are adopted pursuant to the authority in sections 12-20-204 and 12-315-106(5)(g), C.R.S., and are intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the “APA”), C.R.S., and the Veterinary Practice Act, sections 12-315-101 et seq. (the “Practice Act”), C.R.S.
1.2 SCOPE AND PURPOSE
This regulation shall govern the process to become a licensed veterinarian and the practice of veterinary medicine in Colorado.
1.3 APPLICABILITY
The provisions of this section shall be applicable to the practice of veterinary medicine in Colorado.
1.4 DEFINITIONS
Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-104, C.R.S., and any defined terms therein are applicable here. In addition to the definitions found in section 12-315-104, C.R.S., the following apply:
A. Dentistry means the diagnosing, treating, correcting, changing, relieving, or preventing abnormalities of the oral cavity or associated structures, including surgical, non-surgical, or related procedures.
B. Direct supervision means the supervising licensed veterinarian is readily available on the premises where the patient is being treated.
C. Indirect supervision means the licensed veterinarian may direct or supervise the authorized delegated treatment or collecting of diagnostic information of a patient at a “veterinary premises” or “premises” (as defined in section 12-315-104(21), C.R.S.) without being on the premises.
D. Ova transplantation means a technique by which fertilized embryos are collected from a donor female and transferred to a recipient female that serves as a surrogate mother for the remainder of the pregnancy.
E. A “veterinarian-client-patient relationship,” as defined in section 12-315-104(19), C.R.S., means a relationship established when:
1. The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the owner or other caretaker has agreed to follow the instruction of the veterinarian;
2. There is sufficient knowledge of an animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and 3. The practicing veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen.
F. Practice of Veterinary Medicine means any of the following: the diagnosing, treating, correcting, relieving, or preventing of animal disease, or as further defined in section 12-315-104(14), C.R.S.
G. Veterinary medicine includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of animal medicine.
1.5 DENTISTRY
“Dentistry,” pursuant to section 12-315-104(20), C.R.S., is considered the practice of veterinary medicine.
A. Dentistry means the diagnosing, treating, correcting, changing, relieving, or preventing abnormalities of the oral cavity or associated structures, including surgical, non-surgical, or related procedures, and includes:
1. The application or use of any instrument or device to any portion of an animal’s tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, or disease of an animal’s tooth, gum, or related tissue; and 2. Preventive dental procedures including, but not limited to the removal of calculus, soft deposits, plaque, stains, or the smoothing, filing, or polishing of tooth surfaces.
3. Dentistry does not include teeth cleaning or preventive dental procedures that are limited to the utilization of cotton swabs, gauze, dental floss, dentifrice, or toothbrushes on an animal’s teeth.
B. The practice of dentistry requires:
1. Establishing and maintaining a veterinarian-client-patient relationship (VCPR), as defined in section 12-315-104(19), C.R.S., and Rule 1.18(A)(2);
2. Creating and maintaining an animal patient record pursuant to section 12-315-119(3)(b), C.R.S.; and 3. Documenting that informed consent from the owner, agent, or party responsible for the patient was obtained. If anesthesia-free dentistry/dental cleaning is being considered as a dental treatment option, then its limited efficacy in addressing periodontal disease as compared to preventive and therapeutic dental procedures completed under the utilization of general anesthesia must be thoroughly discussed with the owner, agent, or party responsible for the patient as part of obtaining and documenting informed consent.
C. The practice of dentistry may be delegated to veterinary personnel under the direct supervision of a licensed veterinarian pursuant to section 12-315-105(1)(j), C.R.S., and limited as provided in Rule 1.6.
1. Direct supervision by a licensed veterinarian is required for the practice of “teeth floating” or “floating of teeth” with motorized high-speed tools, and sedation must be provided by a licensed veterinarian as part of the procedure.
2. Indirect supervision of “teeth floating” or “floating of teeth” using hand tools, may occur under the indirect supervision of a licensed veterinarian. The use of an oral sedative prescribed by a licensed veterinarian to the owner is permitted.
1.6 SUPERVISION
A. Supervised Practice pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-116, C.R.S.
1. Only a licensed veterinarian in Colorado may diagnose, prescribe, perform surgery, or initiate treatment.
B. “Direction and supervision” as applied in section 12-315-105(1)(j), C.R.S., is “direct supervision” as defined in section 12-315-104(6), C.R.S. Indirect supervision and immediate supervision are applicable under limited circumstances.
1. Direct supervision means the supervising licensed veterinarian is readily available on the premise where the patient is being treated.
2. “Indirect supervision” means the licensed veterinarian in Colorado may direct or supervise the authorized delegated treatment or collecting of diagnostic information of a patient at a “veterinary premises” or “premises” (as defined in section 12-315-104(21), C.R.S.) without being on the premises and shall not be construed to allow the establishment of a veterinary-client patient relationship (VCPR) solely by telephonic or other electronic means under the following criteria:
3. In a life-threatening emergency, the supervising licensed veterinarian may provide verbal instructions necessary for stabilizing the patient prior to examining the patient provided the supervising licensed veterinarian subsequently and timely examines the patient and documents the instruction provided in the patient’s record.
4. Notwithstanding the provisions of subsections 1, 2, 3, and 4 of this Rule, the State Board of Veterinary Medicine (the “Board”) may determine in any instance or case that the provisions of sections 12-315-112(1)(ee), C.R.S., or Rule 1.18(A)(2) have not been met.
C. Pursuant to section 12-315-105(1)(j), C.R.S., veterinary personnel that do not include a “licensed veterinarian” as defined in section 12-315-104(11), C.R.S., or a “veterinary student” as defined under section 12-315-104(22), C.R.S., may perform veterinary medicine duties under the direction and supervision of a licensed veterinarian who shall be responsible for such person’s performance under, but not limited to, the following conditions:
1. Veterinary personnel may assist in a surgical procedure under the “immediate supervision” of a licensed veterinarian as defined in section 12-315-104(10), C.R.S.
2. Veterinary personnel assisting with dentistry require “direct supervision” as defined in section 12-315-104(6), C.R.S.
1.7 LICENSURE BY EXAMINATION
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-107, C.R.S.
A. All documents required as part of a licensure application, except for license renewal, must be received by the Board within one year of the date of receipt of application. An application is incomplete until the Board receives all additional information requested or required in order to determine whether to grant or deny the application. If all required information is not submitted within the one year period, then the original application materials will be destroyed and the applicant will be required to submit a new application, fee, and all required documentation. The only exception to this are examination results; they will be maintained for an additional one year if the application is not completed within one year of receipt of the application before they are also destroyed if a new application is not filed before that time.
B. Each applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify that the applicant:
1. Graduated from a school of veterinary medicine accredited by the American Veterinary Medical Association (AVMA). The applicant must submit official documentation bearing the seal of the institution in the form of one of the following:
2. Graduated from a non-approved school of veterinary medicine. The applicant must submit official certificate of completion from one of the following programs in lieu of school transcripts:
3. Successfully completed the North American Veterinary Licensing Examination (NAVLE) administered by the National Board of Veterinary Medical Examiners (NBVME) after November of 2000 and subject to the examination retake policies of NBVME or an examination accepted by the Board prior to November of 2000.
C. Each applicant will also be required to verify that the applicant:
1. Accurately and completely list any acts that would be grounds for disciplinary action under the Practice Act and provide a written explanation of the circumstances of such act, including supporting documentation if required.
2. Accurately and completely provide any and all information pertaining to any final or pending disciplinary action by any state or jurisdiction in which the applicant is or has been previously licensed.
3. Demonstrates current clinical competency and professional ability through at least one of the following:
4. The Board may also consider applying one or more of the following towards demonstration of current clinical competency:
1.8 LICENSURE BY ENDORSEMENT
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-109, C.R.S.
A. In order to be eligible for licensure by endorsement, an applicant must certify that the applicant does not currently possess a revoked, suspended, restricted, or conditional license to practice veterinary medicine, or is currently pending disciplinary action against such license, in another state or territory of the United States.
B. Each eligible applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify through the state in which he or she is seeking endorsement from that the applicant meets the requirements listed under Rule 1.7(B).
C. The requirements in Rule 1.7(C) apply for purposes of this Rule.
1.9 ACADEMIC LICENSE
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-108, C.R.S.
A. A veterinarian who is employed at an AVMA accredited school of veterinary medicine in this state and who practices veterinary medicine in the course of his or her employment responsibilities and is applying for an academic license shall submit with the application and fee the following credentials and qualifications for review and approval by the Board:
1. Proof of graduation with a degree from a school of veterinary medicine located in the United States or another country.
2. Evidence of the applicant’s employment by an accredited school of veterinary medicine in this state; actual practice is to commence only once licensure has been granted.
3. The requirements in Rule 1.7(B) apply.
B. An academic license shall authorize the licensee to practice veterinary medicine only while engaged in the performance of his or her official duties as a university employee in Colorado. An academic licensee may not use an academic license to practice veterinary medicine outside of his or her academic responsibilities.
1.10 EDUCATION, TRAINING, OR SERVICE GAINED DURING MILITARY SERVICE AND
MILITARY SPOUSES This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), 12-20-202, and 12-20-304, C.R.S.
A. Education, training, or service gained in military services outlined in section 12-20-202(4), C.R.S., to be accepted and applied towards receiving a license, must be substantially equivalent, as determined by the Board, to the qualifications otherwise applicable at the time of receipt of application. It is the applicant’s responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidence of such education, training, or service will be assessed on a case by case basis.
B. Regulation of Military Spouses.
a. Pursuant to section 12-20-202(3)(f), C.R.S., a military spouse duly licensed in good standing in another state or United States territory to practice veterinary medicine may, upon application to the Division, obtain a temporary license to practice veterinary medicine upon submission of satisfactory proof, under penalty of perjury, of the military spouse’s active license in another state or United States territory in good standing, and that the applicant has not committed an act that would be grounds for disciplinary action under the veterinary practice act, Article 315 of Title 12, C.R.S.
b. For the purposes of this Rule 1.2(A)(18):
c. A temporary license issued to a military spouse pursuant to this Rule 1.2(A)(18) is valid for three years after the date of issuance and may not be renewed.
d. The Board hereby waives the application fee for temporary licenses issued pursuant to this Rule 1.2(A)(18).
1.11 INACTIVE STATUS AND REACTIVATION OF A LICENSE
This Rule is promulgated pursuant to sections 12-20-203, 12-20-204, 12-315-106(5)(g), and 12-315-111, C.R.S.
A. Pursuant to section 12-20-203, C.R.S., a veterinarian may apply to the Board to inactivate their license. The holder of an inactive license shall not be required to comply with the continuing education requirements for renewal during the time the license is inactive.
1. If a veterinarian’s license is inactive, the veterinarian shall not perform acts restricted to active licensed veterinarians in Colorado pursuant to section 12-20-203(3), C.R.S. The Board shall retain jurisdiction over inactive veterinarians for the purposes of disciplinary action pursuant to section 12-315-112(1)(w), C.R.S.
2. Practicing veterinary medicine with an inactive license shall constitute unlicensed practice and, therefore, may be grounds for disciplinary or injunctive action, up to and including revocation.
3. Licensed veterinarians with inactive licenses are required to renew their license every two years and submit the applicable fee.
4. A licensed veterinarian with an academic license is not eligible for inactive status.
B. To be considered for licensure reactivation, an applicant must submit a completed reactivation application form and the reactivation fee.
C. Each applicant for reactivation shall certify the following:
1. Every license to practice veterinary medicine held by applicant is in good standing;
2. Applicant has reported to the Board any injunction or disciplinary action completed or pending against the applicant’s license to practice veterinary medicine in any state;
3. Applicant has reported to the Board any malpractice judgment, any settlement of a malpractice action or claim, and any malpractice action or claim pending against the applicant in which the malpractice allegedly relates to the applicant’s practice of veterinary medicine;
4. Applicant has reported to the Board any inquiry/complaint pending, investigation being conducted by, or disciplinary proceeding pending before the licensing, grievance, or disciplinary board of any jurisdiction in which the applicant is licensed to practice veterinary medicine in which the complaint, investigation, or proceeding concerns the applicant’s practice of veterinary medicine.
D. The Board may decline to reactivate a license if disciplinary action is pending or if there is an unresolved complaint.
E. If the license has been inactive for less than two years, then the applicant is required to submit proof of fulfilling the requirements of Rule 1.15 for the two-year period in which his or her license was last active as well as the two-year period in which the license was expired or inactive.
F. If the license has been inactive for two or more years, then the requirements in Rule 1.7(C)(3) apply.
G. All applicants for reactivation are required to fulfill the substance use prevention training requirements set forth in Rule 1.16.
1.12 REINSTATEMENT REQUIREMENTS FOR EXPIRED LICENSES
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), 12-315-110(1)(a), and 12-20- 202, C.R.S.
A. In order to reinstate or reactivate a license back into active status, each applicant shall submit a completed Board approved application along with the required fee in order to be considered for licensure approval and must also verify that the applicant:
1. Accurately and completely lists any acts that would be grounds for disciplinary action under the Veterinary Practice Act and provides a written explanation of the circumstances of such act, including supporting documentation, if required, since last renewing their license to an active status in this state.
2. Accurately and completely provides any and all information pertaining to any final or pending disciplinary action by any state or jurisdiction in which the applicant is or has been previously licensed since last renewing his or her license to an active in this state.
B. If the license has been expired for less than two years, then the applicant is required to submit proof of fulfilling the requirements of Rule 1.15 for the two-year period in which the applicant’s license was last active as well as the two-year period in which the license was expired or inactive.
C. If the license has been expired for more than two years, then the requirements in Rule 1.7(C)(3) apply.
D. All applicants for reinstatement are required to fulfill the substance use prevention training requirements of Rule 1.16.
1.13 REVOCATION
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-20-404(3), C.R.S. Any person whose license to practice is revoked will be ineligible to apply for any license under the Veterinary Practice Act for at least two years after the date of revocation or surrender of the license. Any subsequent application for licensure shall be treated as an application for an original license.
1.14 RENEWAL REQUIREMENTS
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), 12-315-110(1)(a), and 12-20- 202, C.R.S.
A licensed veterinarian is required to renew their license biennially and submit the applicable fee.
1.15 CONTINUING EDUCATION REQUIREMENTS
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-110, C.R.S.
A. Each licensed veterinarian or academic veterinarian with an active license in Colorado is required to attend thirty-two hours of educational study per renewal period as set forth in section 12-315- 110(3), C.R.S. Continuing education hours may only be applied to one renewal period. This requirement is not applicable to a licensed veterinarian renewing an inactive license.
B. If a renewal date occurs during the year of original Colorado licensure, continuing education will not be required for the first renewal. If the renewal date occurs the year after original licensure, the licensee shall obtain sixteen hours of continuing education prior to the biennial renewal.
C. The Board automatically accepts any course approved by the Registry of Approved Continuing Education (RACE). The Board reserves the right to determine the approval of any other meetings, programs, or courses for continuing education credit.
D. The Board may accept no more than six hours of continuing education credit per licensing period for non-technical competencies based presentations including, but not limited to leadership training, personnel management, client relations, communication training, and integrated resource management principles.
1. Those presentations dealing with financial based subjects including, but not limited to bookkeeping procedures, financial planning, retirement planning, and insurance programs will not be approved as accepted continuing education.
2. No presentation that is primarily promotional in nature regardless of subject material will be acceptable.
E. All licensed veterinarians are required to fulfill the substance use prevention training requirements of Rule 1.16. Subject to the approval of the Board, completed substance use prevention training hours that also meet the requirements for continuing education in this Rule may be applied towards the minimum continuing education hours required.
1.16 SUBSTANCE USE PREVENTION TRAINING FOR LICENSE RENEWAL, REACTIVATION, OR
REINSTATEMENT This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-30-114, C.R.S.
A. Pursuant to section 12-30-114, C.R.S., every veterinarian, including every academic veterinarian, is required to complete at least one hour of training per renewal period in order to demonstrate competency regarding the topics/areas specified in section 12-30-114(1)(a), C.R.S.
B. Training for the purpose of this section includes, but is not limited to, relevant and verifiable continuing education courses, conferences, or presentations, and distance learning. All such training must cover or be related to the topics specified in section 12-30-114(1)(a), C.R.S., and be in accordance with Rule 1.15.
C. A veterinarian is statutorily exempt from the requirements of this section if the veterinarian qualifies for either exemption set forth in section 12-30-114(1)(b), C.R.S.
D. This section shall apply to any applicant for reinstatement or reactivation of an expired or inactive license pursuant to Rules 1.11 and 1.12.
E. Applicants for license renewal, reactivation, or reinstatement shall attest during the application process to either their compliance with this substance use training requirement or their qualifying for an exemption, as specified in section (C) of this Rule.
F. The Board may audit compliance with this section. Veterinarians should be prepared to submit documentation of their compliance with this substance use training requirement or their qualification for an exemption, upon request by the Board.
G. Subject to the approval of the Board, completed substance use prevention training hours that also meet the requirements for continuing education, as specified Rule 1.15, may be applied towards the minimum continuing education hours required in Rule 1.15.
H. The statutorily required training for veterinarians includes the following topics/areas: best practices for veterinary opioid prescribing; recognition of human substance use disorder; use of the electronic prescription drug-monitoring program; and referral of human beings with suspected substance use disorders for treatment.
To the extent the statutorily required training pertains to the practice of human medicine, this training does not authorize veterinary medicine practitioners to engage in the practice of human medicine nor does it require the veterinary medicine practitioner to refer human beings to treatment for suspected substance abuse disorders.
(Eff. 9/30/2007; Eff. 1/30/2008; Amended and Re-numbered November 3, 2011, Effective December 30, 2011; Amended August 1, 2013, Effective September 30, 2013)
1.17 REPORTING CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME
This Rule is promulgated pursuant to sections 12-20-204 and 12-315-106(5)(g), C.R.S.
A. A licensee shall inform the Board in a clear, explicit, and unambiguous written statement of any name, address, or electronic mail address, change within thirty days of the change. The Board will not change the licensee’s information without explicit written notification from the licensee. Notification by fax or email is acceptable.
B. The Division of Professions and Occupations maintains one mailing address and electronic mailing address for each licensee, regardless of the number of different professional licenses the licensee may hold.
C. All communication from the Board to a licensee will be to the mailing address or the electronic mail address maintained with the Division of Professions and Occupations.
1. The Board requires one of the following forms of documentation to change a licensee’s name or correct a social security number or individual taxpayer identification number:
D. Any notification by the Board to a licensee or applicant, required or permitted, under section 12- 315-101 et seq., C.R.S. or the State Administrative Procedure Act, found at section 24-4-101 et seq., C.R.S., shall be served personally or by first class mail to the last address of record provided in writing to the Board. Service by mail or electronic mail shall be deemed sufficient and proper upon a licensee or applicant.
1.18 VETERINARY MEDICAL ETHICS AND CODE OF CONDUCT
This Rule is promulgated pursuant to sections 12-20-204 and 12-315-106(5)(g), C.R.S.
A. In order to safeguard the public health, safety, and welfare and to establish and maintain a high standard of ethics, professional conduct and integrity in the practice of veterinary medicine in this state, the Board hereby establishes the following code of ethical conduct applicable to all licensed veterinarians. Violations of this code may result in disciplinary action by the Board.
1. Primary Consideration Veterinarians should place the needs of the patient first in their practice of veterinary medicine. This includes the needs to relieve disease, diminish suffering, minimize pain and fear, provide palliative care where appropriate and ensure patient care to the best of their abilities.
2. Care Once a veterinarian has accepted a patient for care and established a veterinarian-client- patient relationship (VCPR), care must be provided as best as possible within the constraints of the agreed upon parameters of the VCPR. Veterinarians may decline a VCPR in individual cases, and are advised to do so in cases where they lack the appropriate expertise, environment, or experience to practice safely. In cases where the client limits payment, veterinarians are encouraged to clearly inform the client of the prognosis with and without treatment. Veterinarians should provide care only within their ability and competence.
3. Twenty-Four Hour Care Veterinarians who advertise and offer twenty-four hour care to clients must ensure that such care is provided on a twenty-four hour basis. Staff must be available on site throughout the twenty-four hour period, and care given must be documented. If the veterinarian lacks the resources to treat such patients, then the client should be referred to a facility with the necessary resources. The veterinarian should also provide necessary supportive care prior to the transfer, and expedite transfer unless the referral is declined 4. Emergency Care In emergency situations, veterinarians should provide essential services to patients when necessary to relieve suffering or to save life. If the veterinarian is unable to treat an emergency patient, then he or she should offer to refer the client to a facility with the necessary resources to treat the patient, provide necessary supportive care in the interim prior to transfer, and expedite the transfer unless the referral is declined. Veterinarians are encouraged to clearly inform the client of the prognosis with and without treatment.
5. Representations Veterinarians should be honest, fair, and considerate in their dealings with clients and other colleagues. It is unethical for veterinarians to misrepresent their credentials, experience, expertise or academic degrees. Veterinarians must not engage in fraud, deceit or misrepresentation, nor become involved in situations where a conflict of interest may occur.
6. Influence on Judgment The choice of treatments or patient care should consider the welfare of the patient, welfare and financial resources of the client, and the safety of the public.
7. VCPR The veterinary-client-patient relationship is the basis for veterinary care. To establish such a relationship, the veterinarian should have sufficient knowledge of the patient to understand its current health and render at least a preliminary diagnosis. This would require that the veterinarian is personally acquainted with the patient either through office or home visits.
8. Prescription Drugs Veterinarians may only prescribe medication when they have a VCPR with the patient. Under federal and state law, veterinarians may not sell, distribute, dispense or participate in or arrange for the sale of prescription medicines in any fashion except through a VCPR or in compliance with Rule V. Veterinarians are charged with knowledge of the pharmacy practice act provisions that apply to their practice, as well as the laws and regulations of the federal food and drug administration. When a client requests a copy of a prescription for their animal under current treatment, the veterinarian must provide it to the client.
9. Medical Records Medical records must be kept by veterinarians in all cases in which they have a VCPR. Records must also be kept in any other situation where a veterinarian has provided care or prescribed or dispensed drugs. Clients have a statutory right to copies of the medical records of their animals, and copies must be provided in a reasonable length of time.
10. Communication The veterinarian must communicate to the client the procedures, diagnoses, proposed treatments, estimated cost and prognosis for the patient. Such communication should be sufficient to enable the client to understand clearly the problem and the choices that must be made. If other staff is involved in the communication process, it is the responsibility of the veterinarian to ensure that such communications are appropriate.
11. Advertising No veterinarian may advertise Specialty Board Certification without certification by the American Veterinary Medical Association in that specialty area. It is unethical to allow one’s credentials to be used by any organization that engages in, or has members that engage in, the unauthorized practice of veterinary medicine. A veterinarian should only advertise information about their practice that is accurate and services that are actually provided.
12. Aiding and Abetting No veterinarian may engage in acts that aid and abet the unlicensed practice of veterinary medicine. This includes situations where duties delegated to office staff include duties reserved for veterinarians. This also includes, but is not limited to, employment where non-veterinarians influence or engage in the practice of veterinary medicine.
13. Environment All veterinarians must maintain a sanitary environment in which they care for patients. This includes, but is not limited to, sanitization, disinfection, disposal of water and any other activity required to address the cleanliness in which patients are treated. If veterinarians work in clinics they do not own, they are responsible for ensuring that their work is done in a clean environment and within the standards of care. (Amended and Re-numbered November 3, 2011, Effective December 30, 2011)
1.19 TRANSRECTAL PROCEDURES, EMBRYO TRANSFER, UTERINE LAVAGES, AND
REPRODUCTIVE PROCEDURES This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-106(5)(c), C.R.S.
A. Transrectal procedures including transrectal ultrasonography and transrectal palpation are the practice of veterinary medicine. Ova transplant, embryo transfer, oocyte collection, manipulation and transfer and embryo manipulation are the practice of veterinary medicine.
B. Semen collection in any species as it relates to and includes semen evaluation for the purpose of diagnosing and/or treating infertility is the practice of veterinary medicine.
C. Uterine lavage is the practice of veterinary medicine. (Amended and Re-numbered November 3, 2011, Effective December 30, 2011)
1.20 WAIVER OF VETERINARIAN-CLIENT-PATIENT RELATIONSHIP FOR ADMINISTERING,
DISTRIBUTING, DISPENSING, OR PRESCRIBING IN AN URGENT SITUATION ONLY This Rule is promulgated pursuant to sections 12-20-204 and 12-315-106(5)(g), C.R.S.
A. If a licensed veterinarian who has an established veterinarian-client-patient relationship (VCPR) with a patient prescribes a prescription drug that the licensed veterinarian does not have in stock and is not available at a local pharmacy, then in an urgent situation ONLY another licensed veterinarian who does not have a VCPR with that same patient may administer, distribute, or dispense a prescription drug to that patient based on the examining veterinarian’s expertise and established VCPR with the patient as long as the following requirements are met:
1. The examining veterinarian with the VCPR must document the urgent situation and the immediate need for the prescription drug;
2. The examining veterinarian with the VCPR must document his or her efforts to obtain the prescription drug from a local pharmacy, including documentation of contact with at least one pharmacy in the general proximity of the examination location that does not have the prescription drug immediately available;
3. The examining veterinarian must provide a written prescription;
4. The examining veterinarian must have direct communication with the dispensing veterinarian; and 5. The licensed veterinarian who administers, distributes, or dispenses the prescription drug on behalf of the examining veterinarian must document the date the prescription is administered, distributed, or dispensed.
B. An “urgent situation” refers to a failure to acquire the prescription drug immediately threatens the health or wellbeing of the patient.
(Adopted November 3, 2011, Effective December 30, 2011)
1.21 FINING SCHEDULE FOR VIOLATIONS OF THE VETERINARY PRACTICE ACT AND BOARD
RULES A. Pursuant to section 12-315-112(6), C.R.S. any person violating any provision of the Veterinary Practice Act or Board Rules may be fined not less than $100 nor more than $1,000 for any such violation. The Board will impose fines including, but not limited to the following violations:
1. Substandard Record Keeping
2. Failure to Provide Records
3. Failure to Provide a Written Prescription
4. Practicing on an Expired or Inactive License
5. Failure to Appropriately Supervise Veterinary Student or Personnel
6. Failure to Designate a Licensed Veterinarian as Responsible
7. Failure to Keep Veterinary Premises Clean and Sanitary
8. False Advertising
9. Administering, Distributing, Dispensing, and Prescribing Outside of a VCPR
10. Failure to Respond to a Board Complaint
11. Violation of the Pharmacy Act
12. Other Violations
1.22 DECLARATORY ORDERS
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 24-4-105(11), C.R.S.
A. Any person may petition the Board for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of the Board.
B. The Board will determine, in its discretion and without notice to petitioner, whether to rule upon any such petition. If the Board determines that it will not rule upon such a petition, the Board shall promptly notify the petitioner of its action and state the reasons for such action.
C. In determining whether to rule upon a petition filed pursuant to this rule, the Board will consider the following matters, among others:
1. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the Board.
2. Whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Board or a court but not involving any petitioner.
3. Whether the petition seeks a ruling on a moot or hypothetical questions or will result in an advisory ruling or opinion.
4. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colo. R. Civ. P., which will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule or order in question.
D. Any petition filed pursuant to this rule shall set forth the following:
1. The name and address of the petitioner and whether the petitioner is licensed pursuant to the provisions of section 12-315-101, et seq., C.R.S.
2. The statute, rule or order to which the petition relates.
3. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner.
E. If the Board determines that it will rule on the petition, the following procedures apply:
1. The Board may rule upon the petition based solely upon the facts presented in the petition. In such a case:
2. Any ruling of the Board will apply only to the extent of the facts presented in the petition and any amendment to the petition.
3. The Board may order the petitioner to file a written brief, memorandum or statement of position.
4. The Board may set the petition, upon due notice to petitioner, for a non-evidentiary hearing.
5. The Board may dispose of the petition on the sole basis of the matters set forth in the petition.
6. The Board may request the petitioner to submit additional facts, in writing. In such event, such additional fact will be considered as an amendment to the petition.
7. The Board may take administrative notice of facts pursuant to the Administrative Procedure Act (section 24-4-105(8), C.R.S.) and may utilize its experience, technical competence and specialized knowledge in the disposition of the petition.
8. If the Board rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision.
9. The Board may, in its discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the Board intends to inquire.
10. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Board to consider.
F. The parties to any proceeding pursuant to this Rule shall be the Board and the petitioner. Any other person may seek leave of the Board to intervene in such a proceeding, and leave to intervene may be granted at the sole discretion of the Board. A petition to intervene shall set forth the same matters as required by section D of this Rule. Any reference to a “petitioner” in this Rule also refers to any person who has been granted leave to intervene by the Board.
G. Any declaratory order or other order disposing of a petition pursuant to this Rule shall constitute agency action subject to judicial review pursuant to section 24-4-106, C.R.S. (Amended and Re-numbered November 3, 2011, Effective December 30, 2011)
1.23 REPORTING CONVICTIONS, JUDGMENTS, AND ADMINISTRATIVE PROCEEDINGS
This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-112(1)(n), (o), (p), and (q), C.R.S.
A licensee, as defined in section 12-20-102(10), C.R.S., means any veterinarian who is licensed by the Board. Each licensee shall inform the Board in writing within thirty days of any of the following:
A. Reporting Convictions 1. A licensee must report in writing within thirty days the following criminal convictions:
2. For purposes of this Rule, a “conviction” includes:
3. The written notice to the Board shall include the following information:
B. Reporting Judgments and Administrative Proceedings 1. A licensee must report in writing within thirty days any of the following:
2. The written notice to the Board shall include the following information:
3. Failure to comply with this Rule may constitute grounds for disciplinary action.
1.24 EXPANDED SCOPE OF PRACTICE FOR VETERINARIANS PURSUANT TO THE
GOVERNOR’S EXECUTIVE ORDER D 2022 028 A. Basis. Through Executive Order D 2022 028, extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, and D 2022 020, Governor Jared Polis temporarily suspended the emergency rulemaking authorities for the State Board of Veterinary Medicine (“Board”) set forth in section 24-1-122(3)(y), C.R.S., and directed the Executive Director of DORA, through the Director of the Division of Professions and Occupations (Division Director), to promulgate and issue temporary emergency rules consistent with the Executive Order. The basis for these emergency rules is Executive Order D 2022 028 issued by Governor Jared Polis pursuant to the Colorado COVID-19 Disaster Recovery Order and Article IV, Section 2 of the Colorado Constitution, and the Colorado Disaster Emergency Act, sections 24-33.5-701, et. seq., C.R.S.
B. Purpose. These Emergency Rules are adopted by the Executive Director of the Department of Regulatory Agencies, through the Division Director, to effectuate Executive Order D 2022 028, extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, and D 2022 020, and directing the immediate expansion of the workforce of trained medical personnel available to provide healthcare services within inpatient facilities due to the coronavirus disease 2019 (COVID-19) pandemic in Colorado.
C. Expanded Scope of Practice. Veterinarians may perform services while working in a hospital or inpatient facility as delegated by physicians, physician assistants, advanced practice registered nurses, certified registered nurse anesthetists, professional nurses and respiratory therapists.
1. Veterinarians are authorized to perform delegated services upon adequate cross-training as determined necessary by the hospital or inpatient facility.
2. Veterinarians shall not accept delegation of a service for which the licensee does not possess the knowledge, skill or training to perform.
3. Veterinarians shall not perform a delegated service for which the licensee does not possess the knowledge, skill or training to perform.
4. Delegated services shall not be re-delegated to another person or licensee by the delegatee.
5. Veterinarians shall not prescribe or select medications, perform surgical or other invasive procedures or perform anesthesia services outside of statutory scope of practice regardless of delegation.
1.25 EXPANDED SCOPE OF PRACTICE FOR VETERINARIANS IN ORDER TO ADMINISTER
VACCINATIONS PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER D 2022 028 A. Basis. Through Executive Order D 2022 028, extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, and D 2022 020, Governor Jared Polis temporarily suspended the emergency rulemaking authorities for the State Board of Veterinary Medicine (“Board”) set forth in section 24-1-122(3)(y), C.R.S., and directed the Executive Director of DORA, through the Director of the Division of Professions and Occupations (Division Director), to promulgate and issue temporary emergency rules consistent with the Executive Order. The basis for these emergency rules is Executive Order D 2022 028 issued by Governor Jared Polis pursuant to the Colorado COVID-19 Disaster Recovery Order and Article IV, Section 2 of the Colorado Constitution, and the Colorado Disaster Emergency Act, sections 24-33.5-701, et. seq., C.R.S.
B. Purpose. These Emergency Rules are adopted by the Executive Director of DORA, through the Division Director, to effectuate Executive Order D 2022 028, extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, D 2021 132, D 2021 136, D 2021 139, D 2021 141, D 2022 003, D 2022 010, D 2022 013, D 2022 017, and D 2022 020, and directing the immediate expansion of the workforce of trained medical personnel available to administer the coronavirus disease 2019 (COVID-19) vaccinations within inpatient facilities and outpatient settings due to the coronavirus disease 2019 (COVID-19) pandemic in Colorado.
C. Expanded Scope of Practice In Order to Administer the COVID-19 Vaccination.
1. Veterinarians may administer the COVID-19 vaccination while working in a hospital, inpatient facility or outpatient setting as delegated by physicians, physician assistants, advanced practice registered nurses, certified registered nurse anesthetists, or professional nurses.
1.26 Rules Regarding the Use of Benzodiazepine
The basis for the Board’s promulgation of these rules and regulations is sections 12-20-204(1), 12-315- 106(5)(g) and 12-315-126, C.R.S. The specific statutory authority for the promulgation of this Rule is section 12-30-109(6), C.R.S.
The purpose for the Board’s promulgation of these rules and regulations are to implement rules required by section 12-30-109(6), C.R.S., related to requirements for prescribing benzodiazepines to patients for whom licensees have not previously prescribed benzodiazepines within the last twelve months.
A. Licensees must limit any prescription for a benzodiazepine, which shall not exceed 30 continuous days, that a prescriber may prescribe for a patient who has not received a benzodiazepine prescription from a prescriber within the last 12 months.
B. Prior to prescribing the second fill of a benzodiazepine, a licensee must comply with the requirements of section 12-280-404(4), C.R.S. Failure to comply with section 12-280-404(4), C.R.S., constitutes unprofessional conduct or grounds for discipline under section 12-315-112, C.R.S.
C. The limitation stated in section (A) of this Rule does not apply to patients for whom licensees prescribe benzodiazepines for the following conditions:
1) Epilepsy;
2) A seizure or seizure disorder, or suspected seizure disorder;
3) Spasticity; or 4) A neurological condition, including a posttraumatic brain injury or catatonia.
D. These rules do not require or encourage abrupt discontinuation, limitation, or withdrawal of benzodiazepines. Licensees are expected to follow generally accepted standards of veterinary medicine practice, based on an individual patient’s needs, in tapering benzodiazepine prescriptions.
_________________________________________________________________________ Editor’s Notes History Rules 1.00, 4.00 eff. 09/30/2007.
Rule 4.00 eff. 01/30/2008.
Entire rule eff. 12/30/2011.
Rule I.B eff. 08/30/2012.
Rule I.B emer. rule eff. 02/08/2013.
Rules I.A, 1.B, 1.E eff. 05/30/2013.
Rule I.A eff. 06/14/2013.
Rules I.B, II.A.17 eff. 09/30/2013.
Rule I eff. 08/14/2014.
Rules 1.2 A.8-18, 1.2 E.4, 1.2 G eff. 11/30/2019.
Rule 1.23 emer. rule eff. 05/01/2020; expired 08/29/2020. Rule 1.24 emer. rule eff. 05/11/2020; expired 09/08/2020. Rule 1.23 emer. rule eff. 08/30/2020; expired 12/28/2020. Rule 1.24 emer. rule eff. 09/09/2020.
Entire rule eff. 10/15/2020.
Rule 1.10 B eff. 12/15/2020.
Rules 1.24, 1.25 emer. rules eff. 12/28/2020.
Rule 1.25 emer. rule eff. 01/11/2021.
Rules 1.4 E-F, 1.12 C eff. 04/14/2021.
Rules 1.24, 1.25 emer. rules eff. 04/27/2021.
Rule 1.25 emer. rule eff. 05/11/2021.
Rules 1.24, 1.25 emer. rules eff. 07/12/2021.
Rule 1.26 emer. rule eff. 11/01/2021.
Rules 1.24, 1.25 emer. rules eff. 11/02/2021.
Rules 1.17 C.1, 1.26 eff. 11/30/2021.
Rules 1.24, 1.25 emer. rules eff. 03/02/2022.
Rules 1.24, 1.25 emer. rules eff. 06/28/2022.