As used in the Veterinary Practice Act:

A. "animal" means any animal other than man;

B. "animal shelter":

1. (1) means:

   1. (a) a county or municipal facility that provides shelter to animals on a regular basis, including a small animal impound facility; and
   2. (b) a private humane society or a private animal shelter that temporarily houses stray, unwanted or injured animals through administrative or contractual arrangements with a local government agency; and

2. (2) does not include a municipal zoological park;

   C. "euthanasia" means to produce a humane death of an animal by standards deemed acceptable by the board as set forth in its rules;

   D. "euthanasia agency" means a facility that provides shelter to animals on a regular basis, including a small animal impound facility, a humane society or a public or private shelter facility that temporarily houses stray, unwanted or injured animals, and that performs euthanasia;

   E. "practice of veterinary medicine" means:

3. (1) 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 any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique and the use of any procedure for artificial insemination, testing for pregnancy, diagnosing and treating sterility or infertility or rendering advice with regard to any of these;
4. (2) the representation, directly or indirectly, publicly or privately, of an ability and willingness to do any act mentioned in Paragraph (1) of this subsection; or

5. (3) the use of 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 mentioned in Paragraph (1) of this subsection;

   F. "veterinarian" means a person having the degree of doctor of veterinary medicine or its equivalent from a veterinary school or a person who has received a medical education in veterinary medicine in a foreign country and has thereafter entered the United States and fulfilled the requirements and standards set forth by the American veterinary medical association and has passed all examinations required by the board prior to being issued any license to practice veterinary medicine in this state;

   G. "licensed veterinarian" means a person licensed to practice veterinary medicine in this state;

   H. "veterinary school" means any veterinary college or any division of a university or college that is approved for accreditation by the American veterinary medical association;

   I. "board" means the board of veterinary medicine;

   J. "veterinary technician" means a skilled person certified by the board as being qualified by academic and practical training to provide veterinary services under the supervision and direction of the licensed veterinarian who is responsible for the performance of that technician;

   K. "committee" means the veterinary technician examining committee;

   L. "direct supervision" means the treatment of animals on the direction, order or prescription of a licensed veterinarian who is available on the premises and who has established a valid veterinarian-client-patient relationship;

   M. "sheltering committee" means the animal sheltering committee;

   N. "valid veterinarian-client-patient relationship" means:

6. (1) the veterinarian has assumed responsibility for making medical judgments regarding the health of an animal being treated and the need for and the course of the animal's medical treatment;
7. (2) the client has agreed to follow the instructions of the veterinarian;
8. (3) the veterinarian is sufficiently acquainted with an animal being treated, whether through examination of the animal or timely visits to the animal's habitat for purposes of assessing the condition in which the animal is kept, to be capable of making a preliminary or general diagnosis of the medical condition of the animal being treated; and

9. (4) the veterinarian is reasonably available for follow-up treatment; and

   O. "veterinary medicine" means veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.

History: 1953 Comp., § 67-11-13, enacted by Laws 1967, ch. 62, § 2; 1975, ch. 96, § 1; 1977, ch. 236, § 1; 1993, ch. 163, § 1; 2017, ch. 44, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-14-20 NMSA 1978.

The 2017 amendment, effective July 1, 2018, defined "animal shelter", "euthanasia", "euthanasia agency", and "sheltering committee" as used in the Veterinary Practice Act; added new Subsections B through D and redesignated former Subsections B through I as Subsections E through L, respectively; and added a new Subsection M and redesignated former Subsections J and K as Subsections N and O, respectively.

The 1993 amendment, effective June 18, 1993, rewrote Subsection C; substituted "veterinary medicine" for "veterinary examiners" in Subsection F; added Subsections I to K; and made minor stylistic changes in Paragraph (3) of Subsection B and Subsection G.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Veterinarians § 1.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 2, 5.