Administrative Code

Virginia Administrative Code
12/4/2021

Part I. General Provisions

18VAC150-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"AAVSB" means the American Association of Veterinary State Boards.

"Automatic emergency lighting" is lighting that is powered by battery, generator, or alternate power source other than electrical power, is activated automatically by electrical power failure, and provides sufficient light to complete surgery or to stabilize the animal until surgery can be continued or the animal moved to another establishment.

"AVMA" means the American Veterinary Medical Association.

"Board" means the Virginia Board of Veterinary Medicine.

"Companion animal" means any dog, cat, horse, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or animal under the care, custody or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

"CVMA" means the Canadian Veterinary Medical Association.

"DEA" means the U.S. Drug Enforcement Administration.

"ICVA" means the International Council for Veterinary Assessment.

"Immediate supervision" means that the licensed veterinarian is immediately available to the licensed veterinary technician or assistant, either electronically or in person, and provides a specific order based on observation and diagnosis of the patient within the last 36 hours.

"Owner" means any person who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.

"Preceptee" or "extern" means a student who is enrolled and in good standing in an AVMA accredited college of veterinary medicine or AVMA accredited veterinary technology program and who is receiving practical experience under the supervision of a licensed veterinarian or licensed veterinary technician.

"Preceptorship" or "externship" means a formal arrangement between an AVMA accredited college of veterinary medicine or an AVMA accredited veterinary technology program and a veterinarian who is licensed by the board and responsible for the practice of the preceptee. A preceptorship or externship shall be overseen by faculty of the college or program.

"Private animal shelter" means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

"Professional judgment" includes any decision or conduct in the practice of veterinary medicine, as defined by § 54.1-3800 of the Code of Virginia.

"Public animal shelter" means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated for the same purpose under a contract with any locality.

"Specialist" means a veterinarian who has been awarded and has maintained the status of diplomate of a specialty organization recognized by the American Board of Veterinary Specialties of the American Veterinary Medical Association, or any other organization approved by the board.

"Surgery" means treatment through revision, destruction, incision or other structural alteration of animal tissue. Surgery does not include dental extractions of single-rooted teeth or skin closures performed by a licensed veterinary technician upon a diagnosis and pursuant to direct orders from a veterinarian.

"Veterinarian-in-charge" means a veterinarian who holds an active license in Virginia and who is responsible for maintaining a veterinary establishment within the standards set by this chapter, for complying with federal and state laws and regulations, and for notifying the board of the establishment's closure.

"Veterinary establishment" or "establishment" means any stationary or ambulatory practice, veterinary hospital, animal hospital, or premises wherein or out of which veterinary medicine is being conducted.

"Veterinary technician" means a person licensed by the board as required by § 54.1-3805 of the Code of Virginia.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR645-01-1 § 1.1, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 20, Issue 24, eff. October 23, 2004; Volume 26, Issue 4, eff. November 25, 2009; Volume 32, Issue 22, eff. July 27, 2016; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-15. Criteria for delegation of informal fact-finding proceedings to an agency subordinate.

A. Decision to delegate. In accordance with § 54.1-2400 (10) of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate upon determination that probable cause exists that a practitioner may be subject to a disciplinary action.

B. Criteria for delegation. Cases that may be delegated to an agency subordinate are those that do not involve standard of care or those that may be recommended by a committee of the board.

C. Criteria for an agency subordinate. An agency subordinate authorized by the board to conduct an informal fact-finding proceeding shall include current or former board members deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009.

18VAC150-20-20. (Repealed.)

Historical Notes

Derived from VR645-01-1 § 1.2, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 12, Issue 9, eff. February 21, 1996.

18VAC150-20-30. Posting of licenses; accuracy of address.

A. All licenses and registrations issued by the board shall be posted in a place conspicuous to the public at the establishment where veterinary services are being provided or available for inspection at the location where an equine dental technician is working. Licensees who do relief or temporary work in an establishment shall carry a license with them or post it at the establishment. Ambulatory veterinary practices that do not have an office accessible to the public shall carry their licenses and registrations in their vehicles.

B. It shall be the duty and responsibility of each licensee, registrant, and holder of a registration to operate a veterinary establishment to keep the board apprised at all times of his current address of record and the public address, if different from the address of record. All notices required by law or by this chapter to be mailed to any veterinarian, veterinary technician, registered equine dental technician, or holder of a registration to operate a veterinary establishment shall be validly given when mailed to the address of record furnished to the board pursuant to this regulation. All address changes shall be furnished to the board within 30 days of such change.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR645-01-1 § 1.3, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 24, Issue 3, eff. November 29, 2007; Volume 25, Issue 25, eff. September 16, 2009; Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-40. (Repealed.)

Historical Notes

Derived from VR645-01-1 §§ 1.4 to 1.6, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

18VAC150-20-70. Licensure renewal requirements.

A. Every person licensed by the board shall, by January 1 of every year, submit to the board a completed renewal application and pay to the board a renewal fee as prescribed in 18VAC150-20-100. Failure to renew shall cause the license to lapse and become invalid, and practice with a lapsed license may subject the licensee to disciplinary action by the board. Failure to receive a renewal notice does not relieve the licensee of his responsibility to renew and maintain a current license.

B. Veterinarians shall be required to have completed a minimum of 15 hours, and veterinary technicians shall be required to have completed a minimum of eight hours, of approved continuing education for each annual renewal of licensure. Continuing education credits or hours may not be transferred or credited to another year.

1. Approved continuing education credit shall be given for courses or programs related to the treatment and care of patients and shall be clinical courses in veterinary medicine or veterinary technology or courses that enhance patient safety, such as medical recordkeeping or compliance with requirements of the Occupational Health and Safety Administration (OSHA).

2. An approved continuing education course or program shall be sponsored by one of the following:

a. The AVMA or its constituent and component/branch associations, specialty organizations, and board certified specialists in good standing within their specialty board;

b. Colleges of veterinary medicine approved by the AVMA Council on Education;

c. International, national, or regional conferences of veterinary medicine;

d. Academies or species-specific interest groups of veterinary medicine;

e. State associations of veterinary technicians;

f. North American Veterinary Technicians Association;

g. Community colleges with an approved program in veterinary technology;

h. State or federal government agencies;

i. American Animal Hospital Association (AAHA) or its constituent and component/branch associations;

j. Journals or veterinary information networks recognized by the board as providing education in veterinary medicine or veterinary technology; or

k. An organization or entity approved by the Registry of Approved Continuing Education of the AAVSB.

3. A licensee is exempt from completing continuing education requirements and considered in compliance on the first renewal date following his initial licensure by examination.

4. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

5. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such an extension shall not relieve the licensee of the continuing education requirement.

6. Licensees are required to attest to compliance with continuing education requirements on their annual license renewal and are required to maintain original documents verifying the date and subject of the program or course, the number of continuing education hours or credits, and certification from an approved sponsor. Original documents must be maintained for a period of two years following renewal. The board shall periodically conduct a random audit to determine compliance. Practitioners selected for the audit shall provide all supporting documentation within 14 days of receiving notification of the audit unless an extension is granted by the board.

7. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.

8. Up to two hours of the 15 hours required for annual renewal of a veterinarian license and up to one hour of the eight hours required for annual renewal of a veterinary technician license may be satisfied through delivery of veterinary services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.

9. Falsifying the attestation of compliance with continuing education on a renewal form or failure to comply with continuing education requirements may subject a licensee to disciplinary action by the board, consistent with § 54.1-3807 of the Code of Virginia.

C. A licensee who has requested that his license be placed on inactive status is not authorized to perform acts that are considered the practice of veterinary medicine or veterinary technology and, therefore, shall not be required to have continuing education for annual renewal. To reactivate a license, the licensee is required to submit evidence of completion of continuing education hours as required by § 54.1-3805.2 of the Code of Virginia and this section equal to the number of years in which the license has not been active for a maximum of two years.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR645–01–1 § 1.7, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 13, Issue 3, eff. November 27, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 23, eff. August 10, 2016; Volume 33, Issue 15, eff. May 5, 2017; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-75. Expired license; reinstatement; practice with an expired or lapsed license not permitted.

A. A license may be renewed up to one year after the expiration date, provided a late fee as prescribed in 18VAC150-20-100 is paid in addition to the required renewal fee. A license shall automatically lapse if the licensee fails to renew by the expiration date. The practice of veterinary medicine without a current, active license is unlawful and may subject the licensee to disciplinary action by the board.

B. Reinstatement of licenses expired for more than one year shall be at the discretion of the board. To reinstate a license, the licensee shall pay the reinstatement fee as prescribed in 18VAC150-20-100 and submit evidence of completion of continuing education hours as required by § 54.1-3805.2 of the Code of Virginia and 18VAC150-20-70 equal to the number of years in which the license has been expired, for a maximum of two years. The board may require additional documentation of clinical competency and professional activities.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 29, Issue 25, eff. September 26, 2013; Volume 30, Issue 5, eff. December 4, 2013; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-80. (Repealed.)

Historical Notes

Derived from VR645-01-1 §§ 1.8 and 1.9, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

18VAC150-20-100. Fees.

The following fees shall be in effect:

Veterinary application for licensure

Veterinary application for faculty licensure

$200

$100

Veterinary license renewal (active)

$175

Veterinary license renewal (inactive)

Veterinary faculty license renewal

$85

$75

Veterinary reinstatement of expired license

$255

Veterinary license late renewal

Veterinary faculty license late renewal

$60

$25

Veterinarian reinstatement after disciplinary action

Veterinary intern/resident license -- initial or renewal

$450

$25

Veterinary technician application for licensure

$65

Veterinary technician license renewal

$50

Veterinary technician license renewal (inactive)

$25

Veterinary technician license late renewal

$20

Veterinary technician reinstatement of expired license

$95

Veterinary technician reinstatement after disciplinary action

$125

Equine dental technician initial registration

$100

Equine dental technician registration renewal

$70

Equine dental technician late renewal

$25

Equine dental technician reinstatement

$120

Initial veterinary establishment registration

$300

Veterinary establishment renewal

$200

Veterinary establishment late renewal

$75

Veterinary establishment reinstatement

$75

Veterinary establishment reinspection

$300

Veterinary establishment -- change of location

$300

Veterinary establishment -- change of veterinarian-in-charge

$40

Duplicate license

$15

Duplicate wall certificate

$25

Handling fee for returned check or dishonored credit card or debit card

$50

Licensure verification to another jurisdiction

$25

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR645-01-1 § 1.10, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 7, eff. January 15, 2003; Volume 19, Issue 9, eff. March 1, 2003; Volume 21, Issue 26, eff. October 5, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 24, Issue 3, eff. November 29, 2007; Volume 30, Issue 5, eff. December 4, 2013; Volume 31, Issue 25, eff. September 9, 2015; Volume 34, Issue 1, eff. October 25, 2017; Volume 34, Issue 18, eff. May 30, 2018; Volume 36, Issue 11, eff. March 5, 2020.

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