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What's New In Legislation?
Summary for *SB 3060/HB 3491
Veterinarians - As introduced, expands list of animal related practices that are exempt from veterinarian licensure requirements. - Amends TCA Title 63, Chapter 12.
Bill Summary
This bill revises present law exceptions to present law regarding veterinarians.
Under present law, the licensing and other requirements governing veterinarians do not apply to any lawfully qualified veterinarian residing in some other state or country when meeting in consultation with a licensed veterinarian of this state. This bill adds that this exception would only apply if the veterinarian residing in another state or country does not:
(1) Open an office or appoint a place to do business within this state;
(2) Print or use letterhead or business cards reflecting addresses in this state;
(3) Establish answering services or advertise the existence of a practice's address within this state; or
(4) Practice veterinary medicine as consultants rendering services directly to the public without the direction and consultation of licensees of this state more than 12 days per calendar year.
Under present law, the provisions governing veterinarians also do not apply to any licensed veterinarian residing near the border of a neighboring state and duly authorized to practice veterinary medicine therein whose practice extends into the limits of this state, as long as the person does not open any office or appoint a place to meet patients in this state. This bill removes this exception to present law regarding veterinarians.
This bill adds the following exemptions to the provisions governing veterinarians:
(1) Any person or such person's employees who remove an embryo from the person's own food animal for the purpose of transplanting or cryopreserving the embryo;
(2) Any unlicensed personnel employed by the United States or Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations; and
(3) Any extension personnel or vocational agriculture teachers doing educational work which is considered normal to their profession in their government positions.
This bill revises the definition of "practice of veterinary medicine" to, among other things, clarify that the practice of veterinary medicine includes the use of complementary, alternative, and integrative therapies and the rendering of certain veterinarian advice or recommendation.
ON MARCH 15, 2010, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3491, AS AMENDED.
AMENDMENT #1 exempts from the present law provisions regarding veterinarians the use of any manual procedure for the testing of pregnancy in bovine animals when performed by a farmer, if:
(1) The farmer meets one of the following conditions:
(A) The person is the owner or lessee of agricultural land from which one $1,000 or more of agricultural products were produced and sold during the year, including payments from government sources;
(B) The person is the owner of land that qualifies for taxation under the Agricultural Forest and Open Space Land Act;
(C) The person's federal income tax return contains:
(i) Business activity on IRS schedule F, profit or loss from farming; or
(ii) Farm rental activity on IRS form 4835, farm rental income and expenses or schedule E, supplemental income and loss; or
(D) The person otherwise establishes to the satisfaction of the commissioner that the person is actively engaged in the business of raising, harvesting or otherwise producing agricultural commodities;
(2) Such farmer testing for pregnancy is not compensated by the person who owns such animals, other than by the exchange of services for or the use of equipment by such farmer performing the pregnancy test; and
(3) The results of such testing are for the owner's use only and not to affect commerce.
The bill exempts any unlicensed personnel employed by the United States or Tennessee department of agriculture who are engaged in animal disease control programs, or who perform laboratory examinations from the present law provisions regarding veterinarians. This amendment clarifies that this exemption would apply only to the collection of blood or other samples to diagnose disease or other conditions by such personnel.
