# Title 43 — Occupations and Professions

## Chapter 43-29 — Veterinarians

### § 43-29-01. Purpose of the chapter.

Repealed by S.L. 2007, ch. 376, § 1.
### § 43-29-01.1. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Accepted livestock management practice" means a procedure that is commonly
performed as part of the routine management of livestock which includes vaccination,
implantation of growth hormones, branding, castration, dehorning, docking,
earmarking, semen collection, nonsurgical artificial insemination, and assisting in a
nonsurgical birthing process.
2. "Animal" means a member of the animal kingdom other than a human being whether
living or dead.
3. "Approved college of veterinary medicine" means a veterinary college or division of a
university or college which offers the degree of doctor of veterinary medicine or its
equivalent and which conforms to the standards required for accreditation by an
accrediting entity approved by the board, if the entity is nationally recognized and
develops and maintains accreditation standards for veterinary education.
4. "Approved program in veterinary technology" means any postsecondary educational
program that offers a degree in veterinary technology or its equivalent and has been
approved by the board by rule.
5. "Board" means the board of veterinary medical examiners.
6. "Client" means the patient's owner, owner's agent, or other individual presenting the
patient for care.
7. "Complementary, integrative, and alternative therapies" means a heterogeneous group
of preventative, diagnostic, and therapeutic philosophies and practices not considered
part of conventional veterinary medicine practiced by most veterinarians.
8. "Consent" means the veterinarian has informed the client of the diagnostic and
treatment options, risk assessment, and prognosis, and the client has authorized the
recommended services.
9. "Consultation" means advice or assistance received by a veterinarian in person, or by
any method of communication, from a veterinarian or other individual whose expertise,
in the opinion of the veterinarian, would benefit a patient.
10. "Direct supervision" means supervision by a veterinarian who is readily available on
the premises where the patient is being treated and has assumed responsibility for the
veterinary care given to the patient by an individual working under the direction of the
veterinarian.
11. "Foreign practitioner" has the same meaning as defined under section 43-51-01.
12. "Immediate supervision" means supervision by a veterinarian who is in the immediate
area and within audible and visual range of the patient and the individual treating the
patient and has assumed responsibility for the veterinary care given to the patient by
an individual working under the direction of the veterinarian.
13. "Impaired veterinarian" means a veterinarian who is unable to practice veterinary
medicine with reasonable skill and safety because of a physical or mental disability or
the use of alcohol, drugs, or other habit-forming chemicals.
14. "Impaired veterinary technician" means a veterinary technician who is unable to
practice veterinary technology with reasonable skill and safety because of a physical
or mental disability or the use of alcohol, drugs, or other habit-forming chemicals.
15. "Indirect supervision" means the supervision by a veterinarian who is not on the
premises where the patient is being treated but has given written or oral instructions
for the treatment of the patient, is readily available for communication, and has
assumed responsibility for the veterinary care given to the patient by an individual
working under the direction of the veterinarian.

16. "Jurisdiction" means any commonwealth, state, or territory of the United States of
America, including the District of Columbia, or any province of Canada.
17. "Patient" means an animal or group of animals examined or treated by a veterinarian.
18. "Practice of veterinary medicine" means the:
a. Diagnosis, prognosis, correction, supervision, recommendation, or performance
of any medical or surgical treatment, including complementary, integrative or
alternative therapies, for the diagnosis, prevention, cure, or relief of a wound,
disease, deformity, defect, fracture, bodily injury, dental, physical, behavioral, or
mental condition of an animal;
b. Prescription, distribution, or administration of a drug, medicine, anesthetic,
biologic, appliance, apparatus, application, or treatment to an animal;
c. Provision of any manual or mechanical procedure for the diagnosis or treatment
of pregnancy, sterility, or infertility of an animal;
d. Determination of the health, fitness, or soundness of an animal;
e. Representation of oneself, directly or indirectly, as engaging in the practice of
veterinary medicine; or
f. Use of any title, word, abbreviation, or letter in a manner or under circumstances
that induce the belief that the individual using such title is authorized to practice
veterinary medicine under this chapter.
19. a. "Practice of veterinary technology" means the:
(1) Provision of professional medical care, monitoring, or treatment on the basis
of written or oral instructions from a veterinarian;
(2) Representation of oneself, directly or indirectly, as engaging in the practice
of veterinary technology; or
(3) Use of any title, word, abbreviation, or letter in a manner or under
circumstances inducing the belief the individual using such title is authorized
to practice veterinary technology under this chapter.
b. This section may not be construed to permit a veterinary technician to do the
following:
(1) Surgery, except when acting as a surgical assistant to a veterinarian;
(2) Diagnose;
(3) Prognose; or
(4) Prescribe.
20. "State board examination" means the jurisprudence examination administered by the
board.
21. "Supervising veterinarian" means a veterinarian who has a valid veterinarian-client-
patient relationship and assumes responsibility for the veterinary care provided to the
patient by an individual working under the direction of the veterinarian.
22. "Teleadvice" means the provision of any health information, opinion, or guidance that
is not specific to a particular animal's health, illness, or injury and is not intended to
diagnose, prognose, or treat an animal.
23. "Telehealth" means the use of technology to gather and deliver health information,
advice, education, or patient care remotely.
24. "Teletriage" means electronic communication with the client to determine urgency and
need for immediate referral to a veterinarian.
25. "Veterinarian" means an individual who is licensed to practice veterinary medicine
under this chapter.
26. "Veterinarian-client-patient relationship" means a relationship in which the veterinarian
has assumed responsibility for making medical judgments regarding the health of a
patient and the client has agreed to follow the instructions of the veterinarian.
27. "Veterinary medicine" includes all branches or specialties of veterinary medicine.
28. "Veterinary premises" means any premises or facility where the practice of veterinary
medicine is performed but may not include the premises of a client, research facility,
military base, or an approved college of veterinary medicine.
29. "Veterinary technician" means an individual who is licensed to practice veterinary
technology under this chapter.

30. "Veterinary technology" includes all branches or specialties of veterinary technology.
31. "Veterinary telemedicine" means the virtual practice of veterinary medicine over the
telecommunications infrastructure.
### § 43-29-02. State board of veterinary medical examiners - Appointments - Qualifications

- Terms - Vacancies.
1. The state board of veterinary medical examiners consists of five gubernatorially
appointed members. In appointing the board members, the governor shall appoint
three veterinarians, one veterinary technician, and one individual representing the
public. In appointing the veterinarian members of the board, the governor shall make
an effort to appoint:
a. One veterinarian whose practice has a predominant focus on large animals;
b. One veterinarian whose practice has a predominant focus on small animals; and
c. One veterinarian whose practice focuses on both large and small animals.
2. a. Each veterinarian on the board must be licensed in this state and must have
practiced in this state for at least five years immediately preceding the
appointment.
b. The veterinary technician on the board must be licensed in this state and must
have practiced in this state for at least five years immediately preceding the
appointment.
c. The individual representing the public:
(1) Must be a resident of this state;
(2) Must have resided in this state for at least five years immediately preceding
the appointment;
(3) May not be a veterinarian, a veterinary technician, or the spouse of a
veterinarian or a veterinary technician;
(4) May not ever have been a veterinarian, a veterinary technician, or the
spouse of a veterinarian or a veterinary technician; and
(5) May not have any direct financial interest in the provision of veterinary
services and may not be engaged in any activity directly related to the
veterinary profession.
3. a. The term of office for each member is three years. Terms must be staggered by
lot so that no more than two terms expire each year. Each term of office begins
on July first.
b. Each member of the board shall hold office until a successor is appointed and
qualified.
4. If at any time during a member's term, the member ceases to possess any of the
qualifications provided in this section or if the member resigns, the member's office is
deemed vacant and the governor shall appoint another qualified individual for the
remainder of the term.
5. The governor may, after due notice and hearing, remove any member of the board of
veterinary examiners for cause.
### § 43-29-03. Officers of board - Seal - Meetings - Limitations on meetings - Duties of

board - Rules - Fees.
1. The board shall elect a president and a vice president. The board shall hold meetings
semiannually for the approval of applicants for licensure. The board may hold any
other meeting it determines necessary at the time and place it designates. No session
of the board may exceed two days. A quorum must be present to conduct the business
and proceedings of the board.
2. The board may adopt and enforce reasonable rules, and orders that it determines to
be necessary to the performance of its duties and the regulation of the practice of
veterinary medicine, veterinary technology, and veterinary telemedicine, including to:
a. Establish standards for professional conduct and inspection of veterinary
premises;
b. Establish requirements for granting of licenses and temporary licenses;

c. Establish requirements for renewal of licenses and continuing education;
d. Prepare application forms for licensure and renewal;
e. Administer the state board examination for qualified applicants;
f. Obtain the services of professional examination agencies to administer national
examinations; and
g. Issue, suspend, revoke, or place on probationary status licenses and temporary
licenses as provided in this chapter.
3. All rules must be submitted to the attorney general in accordance with chapter 28-32.
4. The board shall set the following by rule:
a. Application fee;
b. License fee;
c. Temporary license fee;
d. Renewal fee;
e. Late renewal fee; and
f. Continuing education fee.
### § 43-29-03.1. Authority of the board to rely on certain data.

The board shall be authorized to rely upon the expertise of and verified data gathered and
stored by not-for-profit organizations that share in the public protection mission of the board
including the American association of veterinary state boards to make determinations under this
chapter and to promote uniformity and administrative efficiencies.
### § 43-29-04. Record of proceedings of board - Register of applicants kept by board -

Records and register as evidence.
The board shall keep a record of all its proceedings and a register of applicants for licenses
showing the name of each applicant, the time spent by each applicant in the study and practice
of veterinary medicine or veterinary technology, and the name and location of the program
which granted the applicant a degree or diploma. Such books and records are prima facie
evidence of the matters recorded therein.
### § 43-29-05. Compensation and expenses of members of board.

Members of the board may receive for each day the members are engaged in the
performance of the duties of their office the per diem fixed by the board. The members also may
be reimbursed for necessary travel expenses and meals and lodging expenses at the same rate
and in the same manner as are elected officials and employees of the state.
### § 43-29-05.1. Executive director.

The board may employ an executive director and other individuals as necessary to carry out
the purpose of this chapter at such salaries as it may determine.
### § 43-29-06. License required.

An individual must have a license or temporary license issued by the board to practice
veterinary medicine or veterinary technology.
### § 43-29-07. Requirements for veterinarian licensure.

The board may grant a license to practice veterinary medicine to an applicant who:
1. Is a graduate of an approved college of veterinary medicine or has completed an
equivalency program of veterinary medicine as established by the board by rule;
2. Passes the national board examination and clinical competency test, or the North
American veterinary licensing examination;
3. Passes the state board examination;
4. Has no grounds for license refusal under section 43-29-14; and
5. Meets any additional requirements for licensure established by the board by rule.

### § 43-29-07.1. Requirements for veterinary technician licensure.

The board may grant a license to practice veterinary technology to an applicant who:
1. Is a graduate of an approved program of veterinary technology or completed an
equivalency program of veterinary technology as established by the board by rule;
2. Passes the veterinary technician national examination;
3. Passes the state board examination;
4. Has no grounds for license refusal under section 43-29-14; and
5. Meets any additional requirements for licensure established by the board by rule.
### § 43-29-07.2. Temporary license to practice veterinary medicine.

The board may issue a temporary license to practice veterinary medicine in this state to a
qualified applicant who has met the requirements established by the board.
### § 43-29-07.3. Veterinarian - License renewal - Continuing education requirements.

1. A veterinarian license expires annually on June thirtieth.
2. A veterinarian license may be renewed by submission of the following to the board, no
later than June thirtieth:
a. A complete renewal application;
b. Payment of the renewal fee established by the board; and
c. Proof of completion of board required continuing education.
3. An individual who neglects or willfully fails to renew a license and practices veterinary
medicine after the expiration of the license, is practicing veterinary medicine in
violation of this chapter.
4. An individual may renew an expired license within five years of the date of expiration
by completing an application for renewal, paying the current renewal fee plus all
delinquent renewal fees, and completing all required continuing education. After five
years have elapsed since the date of expiration, a license may not be renewed, but the
holder may apply for a new license.
5. The board may refuse to renew or may suspend, revoke, or place on probationary
status any license issued under this chapter upon proof the veterinarian has failed to
meet the applicable continuing education requirements.
### § 43-29-07.4. Indirect practice without a license - Foreign practitioners.

A foreign practitioner may provide veterinary services in this state which fall within the scope
of practice designated by the foreign practitioner's license and by this chapter without obtaining
a license from the board if the services are provided through telehealth and are a continuation of
an existing veterinarian-client-patient relationship as established under this chapter.
### § 43-29-08. Certificate of qualification issued to applicants passing examination -

Conclusiveness of certificate - Re-examination.
Repealed by S.L. 1997, ch. 376, § 12.
### § 43-29-08.1. Veterinary technician - Renewal of license - Continuing education

requirements.
1. A veterinary technician license expires annually on December thirty-first.
2. A veterinary technician license may be renewed by submission of the following to the
board, no later than December thirty-first:
a. A complete renewal application;
b. Payment of a renewal fee established by the board; and
c. Proof of completion of board required continuing education.
3. An individual who neglects or willfully fails to renew a license and practices veterinary
technology after the expiration of the license, is practicing veterinary technology in
violation of this chapter.
4. An individual may renew an expired license within five years of the date of its
expiration by completing an application for renewal, paying the current renewal fee

plus all delinquent renewal fees, and completing all required continuing education.
After five years have elapsed since the date of expiration, a license may not be
renewed, but the holder may apply for a new license.
5. The board may refuse to renew or may suspend, revoke, or place on probationary
status any license issued under this chapter upon proof the veterinary technician has
failed to meet the applicable continuing education requirements.
### § 43-29-09. Limited specialty license - Graduate veterinary technicians.

Repealed by S.L. 2025, ch. 397, § 30.
### § 43-29-10. Display of license and certificate.

Repealed by S.L. 2025, ch. 397, § 30.
### § 43-29-11. Fees deposited with state treasurer - Separate fund - Vouchers.

Repealed by S.L. 2025, ch. 397, § 30.
### § 43-29-12. Veterinary medicine defined.

Repealed by S.L. 1997, ch. 376, § 12.
### § 43-29-12.1. Veterinary technician services - Emergency services - Prohibited services.

Repealed by S.L. 2025, ch. 397, § 30.
### § 43-29-12.2. Veterinarian-client-patient relationship - Requirements.

1. A veterinarian-client-patient relationship may not be established unless the
veterinarian has sufficient knowledge of the patient to initiate a general or preliminary
diagnosis of the medical condition of the patient. To establish a veterinarian-client-
patient relationship, the veterinarian must be personally acquainted with the keeping
and care of the patient by virtue of a medically appropriate and timely in-person
examination of the patient by the veterinarian, or by a timely in-person visit to the
premises where the patient is managed or resides.
2. The veterinarian must be reasonably available for patient followup care after a
veterinarian-client-patient relationship is established.
3. The veterinarian shall provide oversight of patient treatment.
4. Patient records must be maintained according to rules promulgated by the board.
5. A veterinarian-client-patient relationship may not be established solely through
veterinary telemedicine.
6. A veterinarian seeking consultation shall maintain the veterinarian-client-patient
relationship.
7. A veterinarian may terminate a veterinarian-client-patient relationship by notifying the
client that the veterinarian no longer wishes to serve the patient and client.
8. The veterinarian shall provide medical records to the client, another veterinarian, or a
foreign practitioner designated by the client if the veterinarian-client-patient
relationship has been terminated. The veterinarian shall allow the client a reasonable
amount of time to arrange care with another veterinarian unless the circumstance,
patient, or client threatens the safety of the veterinarian or the staff.
9. A veterinarian who in good faith engages in the practice of veterinary medicine by
rendering or attempting to render emergency care may not be subject to penalty based
solely on the inability to establish a veterinarian-client-patient relationship.
10. The veterinarian-client-patient relationship may extend to all veterinarians within the
same practice with access to the patient records.
### § 43-29-12.3. Practice of veterinary medicine - Location of practice.

The provision of veterinary services to a patient in this state which fall within the standard of
practice of veterinary medicine regardless of the means by which the services are provided or

the physical location of the person providing those services, constitutes the practice of
veterinary medicine in this state and is subject to regulation by the board.
### § 43-29-13. Practice of veterinary medicine - Exceptions.

1. The following individuals may not be considered to be engaging in the practice of
veterinary medicine in this state:
a. An individual who treats animals, owned by themselves or the individual's regular
employer, except if ownership of the animal was transferred or otherwise
manipulated to avoid the requirements of this chapter.
b. An individual who conducts experiments in scientific research in the development
of methods, techniques, or treatment, directly or indirectly applicable to the
problems of medicine, and who in connection with these activities uses animals.
c. A student enrolled in an approved college of veterinary medicine performing
duties or actions assigned by an instructor or working under the direct supervision
of a veterinarian.
d. An individual engaged in this state in consultation with veterinarians legally
practicing herein.
e. An employee of the United States or this state while in the performance of duties
as an employee.
f. A merchant or manufacturer selling nonprescription medicine, feed, an appliance,
or any other product for use as labeled in the prevention or treatment of animal
diseases.
g. An employee of a veterinarian performing duties under the direction or
supervision of the veterinarian responsible for the employee's performance,
except the following duties:
(1) Performing surgery;
(2) Diagnosing;
(3) Prognosing; or
(4) Prescribing.
h. An individual lecturing or giving instructions or demonstrations within the
individual's area of professional expertise in connection with a continuing
education course or seminar.
i. An individual selling or applying any pesticide, insecticide, or herbicide.
j. An individual who is not a graduate of an approved college of veterinary
medicine, and is enrolled in an equivalency program of veterinary medicine as
approved by the board, performing duties or actions assigned by an instructor in
an approved college of veterinary medicine.
k. An individual performing a direct embryo transfer procedure on a recipient cow.
Except as provided in this subsection, an individual performing a direct embryo
transfer procedure on a recipient cow may not administer prescription drugs to
the cow during, or as part of, the procedure. The owner of the recipient cow,
however, may administer or cause the administration of prescription drugs to the
recipient cow during, or as part of, the procedure as prescribed by a veterinarian.
l. An individual who administers medication or treatment as prescribed by a
veterinarian.
m. An individual who performs gratuitous services for an animal in a life-threatening
situation.
2. This section may not be construed to protect individuals from animal cruelty laws in
this state.
### § 43-29-13.1. Practice of veterinary medicine - Exceptions for recognized animal

services.
1. The provision of a recognized animal service does not constitute the practice of
veterinary medicine if provided by an individual who is not a veterinarian or veterinary
technician and not otherwise excepted from the practice of veterinary medicine under
section 43-29-13.

2. For purposes of this section, "recognized animal service" means:
a. Grooming;
b. Training or conditioning;
c. Horseshoeing or farrier work;
d. Massage therapy or acupressure;
e. Microchip implantation; and
f. An accepted livestock management practice.
3. This section does not permit an individual who is not a veterinarian to diagnose,
prescribe, or perform surgical procedures, other than surgical procedures considered
to be an accepted livestock management practice.
4. The exceptions provided under this section do not extend to any other animal services.
### § 43-29-13.2. Practice of veterinary technology - Exceptions.

1. The following individuals may not be considered to be engaging in the practice of
veterinary technology in this state:
a. An individual who treats an animal owned by the individual or the individual's
regular employer, except if ownership of the animal was transferred or otherwise
manipulated to avoid the requirements of this chapter.
b. An individual who conducts experiments in scientific research in the development
of methods, techniques, or treatment, directly or indirectly applicable to the
problems of medicine, and who in connection with these activities uses animals.
c. A student enrolled in an approved program of veterinary technology performing
duties or actions assigned by an instructor or working under the direct supervision
of a veterinarian.
d. An employee of the United States or this state while in the performance of duties
as employees.
e. An employee of a veterinarian performing duties under the direction or
supervision of the veterinarian responsible for the employee's performance.
f. An individual lecturing or giving instructions or demonstrations within the
individual's area of professional expertise in connection with a continuing
education course or seminar.
g. An individual who is not a graduate of an approved program of veterinary
technology, enrolled in an equivalency program of veterinary technology as
approved by the board, performing duties or actions assigned by an instructor in
an approved program of veterinary technology.
h. An individual who administers medication or treatment as prescribed by a
veterinarian.
i. An individual who performs gratuitous services for an animal in a life-threatening
situation.
2. This section may not be construed to protect individuals from animal cruelty laws in
this state.
### § 43-29-14. Refusal, suspension, and revocation of license - Reinstatement and

relicense.
1. The board may refuse to issue a license or temporary license, or may suspend or
revoke a license or temporary license, upon any of the following grounds:
a. Fraud or deception in procuring the license, including conduct that violates the
security or integrity of any licensing examination.
b. The use of advertising or solicitation that is false, misleading, or otherwise
determined unprofessional under rules adopted by the board.
c. The determination that an individual is an impaired veterinarian as defined by
section 43-29.01.1 or an impaired veterinary technician as defined by section
43-29-01.1.
d. Unprofessional conduct as defined by the rules adopted by the board, or violating
the code of ethics adopted by the board by rule.

e. Incompetence, gross negligence, or other malpractice in the practice of veterinary
medicine or veterinary technology.
f. Employment of unlicensed individuals to perform work that under this chapter can
lawfully be done only by individuals licensed to practice veterinary medicine or
veterinary technology.
g. Fraud or dishonest conduct in applying or reporting diagnostic biological tests,
inspecting foodstuffs, or in issuing regulatory documents.
h. Failure to keep the premises and equipment used in a reasonably clean and
sanitary condition and failure to use reasonably sanitary methods in the practice
of veterinary medicine or veterinary technology.
i. Violation of the rules adopted by the board.
j. Conviction of an offense determined by the board to have a direct bearing upon
the ability of an individual to serve the public as a veterinarian or veterinary
technician, or when the board determines, following conviction of any offense,
that an individual is not sufficiently rehabilitated under section 12.1-33-02.1.
k. Willful or repeated violations of this chapter or any rule adopted by the board.
l. Failure to report, as required by law, or making false report of, any contagious or
infectious disease.
m. Cruelty to animals as defined under chapter 36-21.2.
n. Revocation of a license to practice veterinary medicine or veterinary technology
by another jurisdiction on grounds other than nonpayment of a renewal fee.
o. The use, prescription, or dispensing of any veterinary prescription drug, or the
prescription or extra-label use of any over-the-counter drug, in the absence of a
valid veterinarian-client-patient relationship, except as provided by section
43-29-19.
2. An individual whose license has been revoked may apply to the board for
reinstatement and relicensure one year after the date of revocation. The board may
reissue a license if the board is satisfied the applicant is qualified to practice veterinary
medicine or veterinary technology, meets the existing requirements for licensure, and
will comply with the rules regarding the practice of veterinary medicine or veterinary
technology.
### § 43-29-15. Complaints - Investigations - Rules.

1. An individual may file a written complaint with the board setting forth the specific
charges upon which the complaint is made. Upon receiving a complaint, the board
shall notify the veterinarian or veterinary technician of the complaint and request a
written response from the veterinarian or veterinary technician. The board may adopt
rules establishing a peer review committee for the purpose of investigating complaints
and providing recommendations to the board. A veterinarian or veterinary technician
who is the subject of an investigation by the board shall cooperate fully with the
investigation. Cooperation includes responding fully and promptly to any reasonable
question raised by or on behalf of the board relating to the subject of the investigation
and providing copies of records when reasonably requested by the board. Failure to
cooperate in the investigative process may be grounds for disciplinary action against
the veterinarian or veterinary technician.
2. To pursue the investigation, the board may:
a. Subpoena and examine witnesses, records, medical records, copy, photograph,
or take samples;
b. Require the veterinarian or veterinary technician to give statements under oath;
c. Require the veterinarian or veterinary technician to submit to a physical
examination, chemical dependency evaluation, or psychological examination by a
physician or other qualified evaluation professional selected by the board if there
is reasonable cause to believe the veterinarian or veterinary technician is
impaired as defined by section 43-29-01.1; and
d. Require the veterinarian or veterinary technician to enroll in a treatment or
monitoring program approved by the board if the board determines in good faith

enrollment would be beneficial to the veterinarian or veterinary technician or to
protect the public.
3. After review of the complaint, the response from the veterinarian or veterinary
technician, and information obtained in the investigation, the board shall determine if
there is a reasonable basis to believe the allegations are true and if the allegations
constitute a violation of this chapter or the rules of the board. If the board determines
there is a reasonable basis to believe the allegations are true and the allegations
constitute a violation of this chapter or the rules of the board, the board shall take
appropriate action. If a reasonable basis is not found by the board, the board shall
notify the complaining party and the veterinarian or veterinary technician in writing.
4. Unless the board proceeds with a disciplinary action, the complaint, the response, and
any records received by the board during an investigation of a complaint under this
section are exempt records, as defined in section 44-04-17.1.
5. A veterinarian or veterinary technician shall report in good faith any impaired
veterinarian or impaired veterinary technician as defined by section 43-29-01.1.
6. The board may adopt rules as necessary to carry out this section.
### § 43-29-15.1. Mental health or substance use disorder - Self-reporting and self-referral

to treatment or monitoring program - Confidential records.
1. A veterinarian or veterinary technician may voluntarily self-report or self-refer to a
treatment or monitoring program approved or contracted by the board to seek
assistance for a potential or existing impairment due to a mental health or substance
use disorder.
2. A veterinarian or veterinary technician who under this section voluntarily seeks
assistance from a treatment or monitoring program in assessing or treating a potential
or existing impairment will not be reported to the board solely on the basis of self-
reporting or self-referral.
3. The identity of the veterinarian or veterinary technician and findings of the evaluation
only may be reported to the board when:
a. A veterinarian or veterinary technician refuses to undergo an evaluation by the
program;
b. The evaluation reveals evidence of an impairment that could affect the ability of
the veterinarian or veterinary technician to practice, or constitutes a threat to the
safety of a patient or the public; or
c. The veterinarian or veterinary technician refuses to cooperate with a treatment
plan, monitoring and followup, or aftercare directed by the program, including a
recommendation about continuing practice.
4. Participation in the program does not protect a veterinarian or veterinary technician
from disciplinary action resulting from a complaint.
5. A veterinarian or veterinary technician who self-reports or self-refers to the board for a
potential or existing impairment may be referred by the board to a treatment or
monitoring program in a manner prescribed by the board by rule, and subsequent
reporting by the program to the board is at the discretion of and in the manner
prescribed by the board.
6. A veterinarian or veterinary technician who has completed a treatment or monitoring
program and is in full compliance with all parts of the treatment or monitoring plan and
aftercare, may answer in the negative to a question on an application to the board for
licensure or licensure renewal regarding current impairment by the condition for which
the veterinarian or veterinary technician completed treatment. However, any
recurrence of the impairment or the existence of other potential impairments that are
not currently known to the program must be reported on the application.
7. Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all
records related to participation in a treatment or monitoring program established under
this section containing identifying information about a veterinarian or veterinary
technician are confidential and only may be disclosed when:

a. Disclosure is reasonably necessary for the accomplishment of the purposes of
intervention, rehabilitation, referral assistance, or supportive services;
b. Disclosure is required by law in a legal or administrative hearing or requested by
the board for a formal disciplinary action;
c. Disclosure is necessary regarding a veterinarian's or veterinary technician's
noncompliance with the program;
d. A staff member is handling records for administrative purposes as provided under
this section; and
e. A person is participating in treatment or program monitoring, evaluations, or
followup.
8. A person in attendance at any meeting of a treatment or monitoring program is not
required to testify as to the content of any findings, committee discussions, or
proceedings, unless requested by the board for a disciplinary proceeding or regarding
noncompliance with the program.
### § 43-29-16. Proceedings on revocation or suspension of license - Appeals - Costs of

prosecution - Disciplinary proceedings.
1. All proceedings relative to the issuance, revocation, or suspension of a license, or
relative to reissuing a license that has been revoked must be conducted pursuant to
chapter 28-32. An appeal from the final decision of the board in any matter covered by
this chapter may be taken to the district court of Burleigh County or the aggrieved
party's county of residence in accordance with chapter 28-32.
2. In any order or decision issued by the board in which disciplinary action is imposed
against a veterinarian or veterinary technician, the board may direct the veterinarian or
veterinary technician to pay the board a sum not to exceed the reasonable and actual
costs, including attorney's fees, incurred by the board in the investigation and
prosecution of the case.
### § 43-29-16.1. Abandonment of animals by client - Disposal of remains.

1. Any animal placed in the custody of a veterinarian for treatment, boarding, or other
care, which is abandoned by the client for a period of more than ten days after a
written notice, by registered or certified letter, return receipt requested, is mailed to the
client at the last-known address, may be turned over to the custody of the nearest
humane society or pound in the area or disposed of as such custodian may deem
proper.
2. The service of notice to the client, of such animal by the veterinarian, as provided in
subsection 1, shall relieve the veterinarian and any custodian to whom such animal
may be given of any further liability for disposal. Such procedure by the veterinarian
does not constitute grounds for disciplinary procedure under this chapter.
3. For the purpose of this section, the term "abandoned" means to forsake entirely or to
neglect or refuse to provide or perform the care and support of an animal by the client;
such abandonment constitutes the relinquishment of all rights and claim by the owner
of such animal.
4. Any animal remains that are left in the possession of a veterinarian and have not been
claimed by the client for a period of more than ten days after a written notice, by
registered or certified letter, return receipt requested, is mailed to the client at the last-
known address, may be disposed of by the veterinarian as deemed proper.
### § 43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy.

1. An individual is guilty of a class B misdemeanor if the individual:
a. Practices veterinary medicine in this state without compliance with the provisions
of this chapter;
b. Willfully and falsely claims or pretends to have or hold a license or temporary
license issued by the board; or

c. Willfully and falsely, with intent to deceive the public, claims or pretends to be a
graduate of, or to hold a degree or diploma from a program of veterinary medicine
approved by the board.
2. In addition to the criminal penalty provided, the civil remedy of injunction is available to
restrain and enjoin violations of any provisions of this chapter without proof of actual
damages sustained by an individual, upon application and unanimous vote of all
members of the board.
### § 43-29-17.1. Unlawful practice of veterinary technology - Penalty - Civil remedy.

1. An individual is guilty of a class B misdemeanor if the individual:
a. Practices veterinary technology in this state without compliance with the
provisions of this chapter;
b. Willfully and falsely claims or pretends to have or hold a license issued by the
board; or
c. Willfully and falsely, with intent to deceive the public, claims or pretends to be a
graduate of, or to hold a degree or diploma from, a program of veterinary
technology approved by the board.
2. In addition to the criminal penalty provided, the civil remedy of injunction is available to
restrain and enjoin violations of any provisions of this chapter without proof of actual
damages sustained by an individual, upon application and unanimous vote of all
members of the board.
### § 43-29-17.2. Immunity from liability.

The following individuals are immune from liability in any civil or criminal proceeding brought
against the individual for any action occurring while the individual was acting in good faith within
the scope of the individual's respective capacity:
1. A member of the board;
2. A member of a peer review committee;
3. A witness testifying in a proceeding or hearing authorized under this chapter or
administrative proceeding held under chapter 28-32;
4. A treating professional;
5. An individual who files a complaint pursuant to this Act; and
6. An individual reporting an impaired veterinarian or impaired veterinary technician as
defined by section 43-29-01.1.
### § 43-29-18. Effect of invalidity of part of this chapter.

Repealed by S.L. 1983, ch. 82, § 154.
### § 43-29-19. Veterinary prescription drugs.

1. Except as provided under subsection 2, a veterinary prescription drug must be
dispensed, used, or prescribed within the context of a veterinarian-client-patient
relationship.
2. Other than a controlled substance, a veterinarian may dispense a veterinary
prescription drug without establishing a veterinarian-client-patient relationship if:
a. The drug is prescribed by a veterinarian or by a foreign practitioner who has
established a veterinarian-client-patient relationship;
b. The prescribing veterinarian or foreign practitioner has an inadequate supply of
the drug, failure to dispense the drug would interrupt a therapeutic regimen, or
failure to dispense the drug would cause an animal to suffer;
c. The dispensing veterinarian verifies the prescription with the prescribing
veterinarian or foreign practitioner; and
d. The dispensing veterinarian is not presumptively aware of any disciplinary action
against the prescribing veterinarian or foreign practitioner.

### § 43-29-20. Veterinary telemedicine - Teleadvice and teletriage - Rules.

1. A veterinarian shall establish a veterinarian-client-patient relationship by virtue of a
medically appropriate and timely in-person examination of a patient by the
veterinarian, or by a timely in-person visit to the premises where the patient is
managed or resides before the provision of veterinary telemedicine services.
2. The provision of teleadvice or teletriage by a veterinarian does not require the prior
establishment of a veterinarian-client-patient relationship.
3. A veterinary technician may perform teleadvice and teletriage without instructions from
a veterinarian.
4. The board may adopt rules as necessary to carry out this section.
