TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 25 VETERINARY MEDICINE PRACTITIONERS
PART 1 GENERAL
PROVISIONS
16.25.1.1 ISSUING AGENCY: New Mexico
Board of Veterinary Medicine.
[16.25.1.1 NMAC - Rp,
16.25.1.1 NMAC, 01-17-2014]
16.25.1.2 SCOPE: These rules apply to all veterinarians,
veterinary technicians, bovine artificial insemination technicians, bovine
pregnancy diagnosis technicians, and veterinary facilities.
[16.25.1.2 NMAC - Rp,
16.25.1.2 NMAC, 01-17-2014]
16.25.1.3 STATUTORY AUTHORITY: NMSA 1978, Section 61-14-5 (F), directs the
board of veterinary medicine to adopt, regularly
review and revise rules necessary to carry out the provisions of the Veterinary
Practice Act after a hearing open to the public.
[16.25.1.3 NMAC - Rp, 16.25.1.3
NMAC, 01-17-2014]
16.25.1.4 DURATION: Permanent.
[16.25.1.4 NMAC - Rp,
16.25.1.4 NMAC, 01-17-2014]
16.25.1.5 EFFECTIVE DATE: 01-17, 2014
unless a later date is cited at the end of a section.
[16.25.1.5 NMAC - Rp,
16.25.1.5 NMAC, 01-17-2014]
16.25.1.6 OBJECTIVE: To promote,
preserve and protect the public health, safety and welfare by regulating the
practice of veterinarians, veterinary technicians, bovine artificial
insemination technicians, and bovine pregnancy diagnosis technicians; to
establish the authority to take action against any licensee or permittee for
failure to meet set minimum standards for licensure or permit certification as
promulgated by the board; and to inspect and regulate veterinary facilities to
further protect the public.
[16.25.1.6 NMAC - Rp,
16.25.1.6 NMAC, 01-17-2014]
16.25.1.7 DEFINITIONS:
A. "Aseptic
surgery" means procedures performed under conditions free of pathogenic
micro-organisms.
B. "Board"
means the New Mexico board of veterinary medicine.
C. "Bovine
AI/PD examiner" means the individual the board has designated to prepare
and administer the bovine AI and bovine PD examinations and who recommends to
the board those individuals who qualify for bovine AI and bovine PD permits.
D. "Bovine
artificial insemination (AI) technician" means an individual who has met
the requirements for and has been granted by the New Mexico board of veterinary
medicine a permit to perform artificial insemination on cattle.
E. "Bovine
pregnancy diagnosis (PD) technician" means an individual who has met the
requirements for and has been granted by the New Mexico board of veterinary
medicine a permit to perform pregnancy diagnosis on cattle.
F. "Clean
surgery" means the performance of a surgical operation for the treatment
of a condition and under circumstances which, consistent with the standards of
good veterinary medicine, do not warrant the use of aseptic surgical
procedures.
G. "Disinfection"
means the destruction of pathogenic microorganisms.
H. "Facility"
means a building, kennel, mobile practice unit vehicle, animal shelter, pet
shop, animal supply store, fixed facility, fixed mobile facility, mobile
facility, and vaccination clinic where "the practice of veterinary
medicine" including aseptic surgery regularly occurs as defined in NMSA
1978, Section 61-14-2.B (1), (2), and (3), to include regularly scheduled
vaccination clinics or any other veterinary services.
(1) "Animal
shelter" means a state, city, county, or private facility where a
veterinary clinic operates.
(2) "Pet shop" means a store that
sells animals and has an operating veterinary clinic.
(3) "Animal supply store" means a
store that sells animal supplies and has an operating veterinary clinic.
(4) "Fixed facility" means a
building where the practice of veterinary medicine regularly occurs.
(5) "Fixed mobile facility" means
the primary place of operation is a fixed building from where mobile services
are directed.
(6) "Mobile veterinary practice"
means providing a wide range of medical or surgical services in a movable
trailer, pickup truck, motor home, or other vehicle designed or modified to function
as a veterinary practice facility.
(7) "Vaccination clinic" means
vaccinations are administered outside of a house call setting and do not use a
mobile vehicle.
I. "Graduate
of a non-AVMA accredited school" or "foreign veterinary
graduate" means a person who has graduated from a school of veterinary
medicine which is not accredited by the American veterinary medical association
(AVMA).
J. "Graduate
veterinarian" means a person who has a degree of doctor of veterinary medicine
or its equivalent.
K. "Infectious
waste" means those solid wastes contaminated with organisms which may
cause human disease and may reasonably be suspected of harboring human
pathogenic organisms or may pose a threat or potential hazard to human health. In terms of veterinary medicine, this
includes but is not limited to the following:
animal tissue, bedding and other wastes from animals known or suspected
to be infected with a pathogen which also causes human disease, provided that
prevailing evidence indicates that such tissue, bedding or other waste may act
as a vehicle of transmission to humans.
L. "Practice
of veterinary medicine" means the diagnosis and treatment of animal
diseases by traditional methods which include but are not limited to
prescribing drugs and medication, administering techniques and procedures
including surgical procedures, and other methods which include but are not
limited to chiropractic, physical therapy, acupuncture, acupressure,
homeopathy, therapeutic massage, dentistry, and embryo transfer.
M. "Sharps"
means any discarded article that may cause punctures or cuts. Such wastes may include but are not limited
to needles, scalpel blades, glass slides, glassware, suture needles, and
trocars.
N. "Small
animal mobile facility" means a trailer or mobile unit established to
function as a veterinary site which concentrates in providing veterinary
services to common domestic household pets.
O. "Sterilization"
means the complete destruction of microorganisms by heat, bactericidal chemical
compound, radiation or desiccation.
[16.25.1.7 NMAC - Rp,
16.25.1.7 NMAC, 01-17-2014]
16.25.1.8 MEETINGS:
A. The chairman of the board shall preside at all
meetings, preserve order, appoint committees and decide all questions of order
subject to appeal to the board. In the absence
of the chairman, the vice-chairman or a member of the board shall preside.
B. Examinations shall be administered at a location
specified by the board.
[16.25.1.8 NMAC - Rp,
16.25.1.8 NMAC, 01-17-2014]
16.25.1.9 BOARD MEETING TELEPHONIC
ATTENDANCE:
A. Pursuant to the provisions of the Open Meetings Act, NMSA
1978, Section 10-15-1(C), as amended, board members may participate in a
meeting of the board by means of a conference telephone or similar
communications equipment. Telephonic
participation may occur only when it is difficult or impossible for the board
member to be physically present; that is, when there are circumstances which
make attendance in person extremely burdensome.
B. Each board member participating telephonically must be
identified when speaking and all participants must be able to hear all other
participants.
C. Members of the public attending the meeting must be able
to hear all members of the board and members of the public who speak during the
meeting.
[16.25.1.9 NMAC - Rp,
16.25.1.9 NMAC, 01-17-2014]
16.25.1.10 EXECUTIVE DIRECTOR:
A. The executive director may be a "licensed
veterinarian" or any other person deemed by the board qualified to perform
the required duties and responsibilities.
B. The duties and responsibilities of the executive director
are those detailed in the job description filed in the personnel files of the
New Mexico board of veterinary medicine.
C. The position of executive director is an exempt position.
[16.25.1.10 NMAC - Rp,
16.25.1.10 NMAC, 01-17-2014]
16.25.1.11 INVESTIGATORS AND INSPECTORS:
A. The
board hires licensed veterinarians to conduct its investigations of complaints
filed with the board and to conduct inspections of veterinary facilities.
B. The
duties and responsibilities of the investigator(s) and inspector(s) shall be
those detailed in the contracts entered into with the board. The contracts will be maintained in the board
office.
[16.25.1.11 NMAC - Rp,
16.25.1.11 NMAC, 01-17-2014]
16.25.1.12 CLASSIFIED EMPLOYEE(S): The duties
of the classified employee(s) of this board are those which are detailed in the
job description(s) filed with the state personnel office.
[16.25.1.12 NMAC - Rp,
16.25.1.12 NMAC, 01-17-2014]
16.25.1.13 ELECTIONS OF BOARD OFFICERS: The board of
veterinary medicine elects a chairman, vice-chairman, and secretary. Elections are held annually. Officers may be re-elected. Any member of the board may serve as an
officer.
[16.25.1.13 NMAC - Rp,
16.25.1.13 NMAC, 01-17-2014]
HISTORY OF 16.25.1
NMAC:
Pre-NMAC History:
BVE 93-9, Rules Governing
Executive Director, 11-18-1994
History of the
Repealed Material:
16 NMAC 25.1, General
Provisions - Repealed effective 10-12-2000.
16.25.1 NMAC, General
Provisions - Repealed effective 01-17-14.