North Carolina § 90-187 - 10. (Contingent expiration date - see Editor's note) Necessity for license; certain practices exempted.

§ 90-187. 10. (Contingent expiration date - see Editor's note) Necessity for license; certain practices exempted.

No person shall engage in the practice of veterinary medicine or own all or part interest in a veterinary medical practice in this State or attempt to do so without having first applied for and obtained a license for such purpose from the North Carolina Veterinary Medical Board, or without having first obtained from the Board a certificate of renewal of license for the calendar year in which the person proposes to practice and until the person shall have been first licensed and registered for such practice in the manner provided in this Article and the rules and regulations of the Board. Nothing in this Article shall be construed to prohibit: Any person from administering to food animals or to animals maintained for the production of food or fiber; administering first aid, not including surgical or invasive procedures, to companion animals in emergency situations; or administering routine disease prevention pharmaceuticals to companion animals; provided that the animals are owned by the person or the person's employer, except when the ownership is asserted for the purpose of circumventing the provisions of this Article; Any person who is a regular student or instructor in a legally chartered college from the performance of those duties and actions assigned as the person's responsibility in teaching or research; Any veterinarian not licensed by the Board who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service or other federal agency, or the State of North Carolina, or political subdivision thereof, from performing official duties while so commissioned or employed; Any person from such practices as permitted under the provisions of G.S. 90-185, House Bill 659, Chapter 17, Public Laws 1937, or House Bill 358, Chapter 5, Private Laws 1941; Any person from dehorning or castrating male food animals; Any person from providing for or assisting in the practice of artificial insemination; Any physician licensed to practice medicine in this State, or the physician's assistant, while engaged in medical research; Any certified rabies vaccinator appointed, certified and acting within the provisions of G.S. 130A-186; Any veterinarian licensed to practice in another state from examining livestock or acting as a consultant in North Carolina, provided the consulting veterinarian is directly supervised by a veterinarian licensed by the Board who must, at or prior to the first instance of consulting, notify the Board, in writing, that he or she is supervising the consulting veterinarian, give the Board the name, address, and licensure status of the consulting veterinarian, and also verify to the Board that the supervising veterinarian assumes responsibility for the professional acts of the consulting veterinarian; and provided further, that the consultation by the veterinarian in North Carolina does not exceed 10 days or parts thereof per year, and further that all infectious or contagious diseases diagnosed are reported to the State Veterinarian within 48 hours; or Any person employed by the North Carolina Department of Agriculture and Consumer Services as a livestock inspector or by the U.S. Department of Agriculture as an animal health technician from performing regular duties assigned to him or her during the course and scope of that person's employment. Any farrier or person actively engaged in the activity or profession of shoeing hooved animals as long as his or her actions are limited to the art of shoeing hooved animals or trimming, clipping, or maintaining hooves. History (1903, c. 503, s. 12; Rev., s. 5438; C.S., s. 6761; 1961, c. 353, s. 9; 1973, c. 1106, s. 1; 1983, c. 891, s. 11; 1993, c. 500, s. 16; 1995, c. 509, s. 43; 1997-261, s. 11; 2011-183, s. 62; 2017-10, s. 3.6; 2017-146, s. 1; 2019-170, s. 2(a).) Section set out twice. - The section above expires 60 days after the date that the rules adopted pursuant to Session Laws 2019-170, s. 4, become effective. For the section as contingently effective 60 days after the date that the rules adopted pursuant to Session Laws 2019-170, s. 4, become effective, see the following section, also numbered G.S. 90-187.10 . Effect of Amendments. - Session Laws 2011-183, s. 62, effective June 20, 2011, throughout the section, made minor stylistic and gender-neutralizing changes; in subdivision (1), deleted "or his employee" following "Any person" and substituted "the person or the person's employer" for "himself"; and in subdivision (3), substituted "Armed Forces" for "armed forces." Session Laws 2017-10, s. 3.6, effective May 4, 2017, added subsection (11). Session Laws 2017-146, s. 1, effective July 20, 2017, added subdivision (11). Session Laws 2019-170, s. 2(a), effective July 26, 2019, rewrote subdivision (1), which formerly read: "Any person from administering to animals, the title to which is vested in the person or the person's employer, except when the title is so vested for the purpose of circumventing the provisions of this Article". Legal Periodicals. - For comment on the statutory standard of care for North Carolina health care providers, see 1 Campbell L. Rev. 111 (1979). § 90-187.10. (Contingent effective date - see Editor's note) Necessity for license; certain practices exempted. No individual shall engage in the practice of veterinary medicine without having a veterinary license from the Board. No person, as defined in G.S. 90-181(5) , may own a veterinary facility without having a veterinary facility permit from the Board. Nothing in this Article shall be construed to prohibit: (1) Any person from administering to food animals or to animals maintained for the production of food or fiber; administering first aid, not including surgical or invasive procedures, to companion animals in emergency situations; or administering routine disease prevention pharmaceuticals to companion animals; provided that the animals are owned by the person or the person's employer, except when the ownership is asserted for the purpose of circumventing the provisions of this Article; (2) Any person who is a regular student or instructor in a legally chartered college from the performance of those duties and actions assigned as the person's responsibility in teaching or research; (3) Any veterinarian not licensed by the Board who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service or other federal agency, or the State of North Carolina, or political subdivision thereof, from performing official duties while so commissioned or employed; (4) Any person from such practices as permitted under the provisions of G.S. 90-185 , House Bill 659, Chapter 17 , Public Laws 1937, or House Bill 358, Chapter 5 , Private Laws 1941; (5) Any person from dehorning or castrating male food animals; (6) Any person from providing for or assisting in the practice of artificial insemination; (7) Any physician licensed to practice medicine in this State, or the physician's assistant, while engaged in medical research; (8) Any certified rabies vaccinator appointed, certified and acting within the provisions of G.S. 130A-186 ; (9) Any veterinarian licensed to practice in another state from examining livestock or acting as a consultant in North Carolina, provided the consulting veterinarian is directly supervised by a veterinarian licensed by the Board who must, at or prior to the first instance of consulting, notify the Board, in writing, that he or she is supervising the consulting veterinarian, give the Board the name, address, and licensure status of the consulting veterinarian, and also verify to the Board that the supervising veterinarian assumes responsibility for the professional acts of the consulting veterinarian; and provided further, that the consultation by the veterinarian in North Carolina does not exceed 10 days or parts thereof per year, and further that all infectious or contagious diseases diagnosed are reported to the State Veterinarian within 48 hours; or (10) Any person employed by the North Carolina Department of Agriculture and Consumer Services as a livestock inspector or by the U.S. Department of Agriculture as an animal health technician from performing regular duties assigned to him or her during the course and scope of that person's employment. (11) Any farrier or person actively engaged in the activity or profession of shoeing hooved animals as long as his or her actions are limited to the art of shoeing hooved animals or trimming, clipping, or maintaining hooves. History (1903, c. 503, s. 12; Rev., s. 5438; C.S., s. 6761; 1961, c. 353, s. 9; 1973, c. 1106, s. 1; 1983, c. 891, s. 11; 1993, c. 500, s. 16; 1995, c. 509, s. 43; 1997-261, s. 11; 2011-183, s. 62; 2017-10, s. 3.6; 2017-146, s. 1; 2019-170, ss. 2(a), 6(a).) Section set out twice. - The section above is effective 60 days after the date that the rules adopted pursuant to Session Laws 2019-170, s. 4, become effective. For the section expiring 60 days after the date that the rules adopted pursuant to Session Laws 2019-170, s. 4, become effective, see the preceding section, also numbered G.S. 90-187.10 . Contingent Effective Date. - Session Laws 2019-170, s. 7, made the amendments to this section by Session Laws 2019-170, s. 6(a), effective 60 days after the date that the rules adopted pursuant to Session Laws 2019-170, s. 4, become effective. Editor's Note. - Session Laws 2019-170, s. 4(a) added subdivisions (8) through (10) of G.S. 90-186 and in s. 4(b) provided that: "The Veterinary Medical Board shall adopt rules to implement subsection (a) of this section." Effect of Amendments. - Session Laws 2019-170, s. 2(a), effective July 26, 2019, rewrote subdivision (1), which formerly read: "Any person from administering to animals, the title to which is vested in the person or the person's employer, except when the title is so vested for the purpose of circumventing the provisions of this Article". Session Laws 2019-170, s. 6(a), effective July 26, 2019, rewrote this section. For contingent effective date, see editor's note.