DEPARTMENT OF STATE
Division of Professional Regulation
3300 Board of Veterinary Medicine
Statutory Authority: 24 Delaware Code, Section 3306(a)(1) (24 Del.C. §3306(a)(1))
24 DE Admin. Code 3300
PROPOSED
PUBLIC NOTICE
3300 Board of Veterinary Medicine
Pursuant to 24 Del.C. §3306(a)(1), the Board of Veterinary Medicine has proposed revisions to its rules and regulations.
A public hearing will be held on April 12, 2016 at 1:00 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Board of Veterinary Medicine, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be April 27, 2016, which is 15 days following the public hearing. The Board will deliberate on all of the public comments at its next regularly scheduled meeting, at which time the Board will decide whether to adopt the revisions as proposed.
The Board proposes a new Rule 2.0 to address euthanasia of animals held in shelter, as set forth in 16 Del.C. §3004F. Other Rules are revised accordingly to accommodate the specific legal requirements pertaining to shelter animals. In addition, various regulations are amended to clarify the requirements for license renewal, reinstatement and inactive status. Typographical errors are corrected and the Rules are re-numbered to accommodate the new Rule 2.0.
3300 Board of Veterinary Medicine
1.0 Supervision
(24 Del.C. §3303(10) and (11))
1.1Supervision refers to the oversight of any person performing non-licensed support activities and/or licensed veterinary technician activities by a licensed Delaware veterinarian. Oversight includes control over the work schedule of the person performing support and/or veterinary technician activities and any remuneration the person receives for performing such activities.Oversight does not include remuneration paid directly to support personnel or veterinary technicians by the public. Supervision of veterinary technicians and support personnel is based on the following:
1.1.1The initial examination of the animal by the veterinarian is to be performed prior to the delegation of work to be performed by support personnel. The veterinarian may, however, authorize support or veterinary technician personnel to administer emergency measures prior to the initial examination.
1.1.2The veterinarian shall develop a treatment plan to be referenced by support and/or veterinary technician personnel.
1.1.3The veterinarian must authorize the work to be performed by support and/or veterinary technician personnel. Whether tasks are appropriate to be delegated may differ from case to case.
1.2At no time may support personnel perform the following activities (24 Del.C. §3303(10)):
1.2.1Diagnosing.
1.2.2Prognosing
1.2.3Prescribing.
1.2.4Inducing Anesthesia
1.2.5Performing Surgery.
1.2.6Administration of Rabies vaccinations.
1.2.7Operative dentistry and oral surgery.
1.2.8Centesis of body structures (not to include venipuncture) in other than emergency situations.
1.2.9The placement of tubes into closed body structures, such as chest tubes, in other than emergency situations (not to include urinary or IV catheters; see Ssubsection 1.5.1).
1.2.10Splinting or casting of broken bones in other than emergency situations.
1.2.11Euthanasia, subject to Section 2.0.
1.2.12Issue health certificates.
1.3At no time may licensed veterinary technicians perform the following activities (24 Del.C. §3303(11)):
1.3.1Diagnosing.
1.3.2Prognosing.
1.3.3Prescribing.
1.3.4Performing Surgery (excluding the tacking/suturing of intravenous and urinary catheters and nasal cannulae to skin).
1.3.5Administration of Rabies Vaccinations.
1.3.6Operative dentistry and oral surgery.
1.3.7Centesis of body structures (not to include venipuncture and cystocentesis) in other than emergency situations.
1.3.8The placement of tubes into closed body structures, such as chest tubes, in other than emergency situations (not to include urinary or IV catheters; see Ssubsection 1.6.2).
1.3.9Splinting or casting of broken bones in other than emergency situations.
1.3.10Euthanasia, subject to Section 2.0.
1.3.11Issue health certificates.
1.4Levels of Supervision. All acts by support personnel and veterinary technicians not prohibited by Rule subsection 1.2 and Rule subsection 1.3 which constitute the practice of veterinary medicine under 24 Del.C. §3302(6) must be performed under the supervision of a licensed veterinarian(s). Levels of supervision are to include:
1.4.1Immediate Supervision - A licensed veterinarian is within direct eyesight and/or hearing range.
1.4.2Direct Supervision - A licensed veterinarian is physically present on the premises and is readily available.
1.4.3Indirect Supervision - A licensed veterinarian is not on the premises but is able to perform the duties of a veterinarian by maintaining communication with and is accessible to support personnel, such as by electronic means.
1.5If the veterinarian concludes based on the initial examination (required by paragraph subsection 1.1.1) that delegation is appropriate, support personnel may perform the following tasks only under the following supervision:
1.5.1Immediate supervision: intubation, urethral catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary bladder disease); dental extractions with no periosteal elevation, no sectioning of tooth and no resectioning of bone.
1.5.2Direct supervision: anesthesia maintenance and dental procedures including, but not limited to, removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.
1.6If the veterinarian concludes based on the initial examination (required by paragraph subsection 1.1.1) that delegation is appropriate, veterinary technicians may perform the following tasks only under the following supervision:
1.6.1Immediate supervision: induction of anesthesia.
1.6.2Direct supervision: intubation, anesthesia maintenance; arterial catheterization; urethral catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary bladder disease); cystocentesis; dental extractions with no periosteal elevation, no sectioning of tooth and no resectioning of bone; and dental procedures including, but not limited to, removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.
1.7Veterinarians (24 Del.C. §3315(a)) and veterinary technicians (24 Del.C. §3320(a)) who are temporarily licensed shall be under the direct supervision of a licensed veterinarian.
1.8Activities that may be performed under emergency conditions. Under conditions of emergencies, the following activities, which would be otherwise prohibited in the absence of veterinary supervision, may be performed by veterinary technicians or support personnel prior to the veterinarian’s initial examination:
1.8.1application of tourniquets and/or pressure bandages to control hemorrhage,
1.8.2administration of pharmacological agents, only to be performed after communication with a veterinarian authorized to practice in Delaware, and such veterinarian is either present or enroute to the distressed animal,
1.8.3administration of parenteral fluids,
1.8.4resuscitative procedures,
1.8.5application of temporary splints or bandages to prevent further injury to bones or soft tissues,
1.8.6application of appropriate wound dressings and external supportive treatment in severe wound and burn cases,
1.8.7external supportive treatment in heat prostration cases,
1.8.8and any other reasonable treatments necessary to an animal’s welfare in an emergency situation.
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
2.0 Animals Held in Shelter
(16 Del.C. Ch. 30F)
2.1Nothwithstanding the provisions set forth in the Board's Practice Act, Chapter 33 of Title 24 of the Delaware Code, and these regulations, the care and euthanasia of animals held in shelter is governed by Chapter 30F of Title 16 of the Delaware Code and the regulations promulgated thereunder, 16 DE Admin. Code 4501.
2.2Euthanasia (16 Del.C. §3004F(a)(4); 16 DE Admin. Code 4501, Section 10.0)
2.2.1Notwithstanding Section 1.0, specifically subsections 1.2.11 and 1.3.10, euthanasia of animals held in shelter shall be performed by:
2.2.1.1A licensed veterinarian;
2.2.1.2A nationally certified euthanasia technician;
2.2.1.3A licensed veterinary technician; or
2.2.1.4A person certified by a licensed veterinarian as proficient to perform euthanasia (a certified euthanasia technician), after completion of the requirements in 16 DE Admin. Code 4501, Section 3.0.
2.2.2A certified euthanasia technician is only permitted to perform euthanasia on shelter animals within the animal shelter of which they are employed,
2.2.3No one other than the shelter veterinarian or consulting veterinarian may perform euthanasia on privately owned animals.
23.0 Unprofessional Conduct for Veterinarians
(24 Del.C. §3313(a)(1))
23.1Unprofessional conduct in the practice of veterinary medicine shall include, but not be limited to, the following;
23.1.1Allowing support personnel to perform the acts forbidden under Ssubsection 1.2 or allowing licensed veterinary technicians to perform the acts forbidden under Ssubsection 1.3.
23.1.2Allowing support personnel to perform tasks in Ssubsection 1.5 without the specified supervision or allowing veterinary technicians to perform the tasks in Ssubsection 1.6 without the specified supervision.
23.1.3 Failing to be accessible to support or veterinary technician personnel by electronic means in a reasonable timeframe to provide off-site supervision for activities requiring indirect supervision as required by Ssubsection 1.4.
23.1.4Failing to arrange for supervision by another licensed veterinarian when not able to provide supervision as required by Ssubsection 1.4.
23.1.5Representation of conflicting interests except by express consent of all concerned. A licensee represents conflicting interests if while employed by a buyer to inspect an animal for soundness he or she accepts a fee from the seller. Acceptance of a fee from both the buyer and the seller is prima facie evidence of fraud.
23.1.6Use by a veterinarian of any certificate, college degree, license, or title to which he or she is not entitled.
23.1.7Intentionally performing or prescribing treatment, which the veterinarian knows to be unnecessary, for financial gain.
23.1.8Placement of professional knowledge, attainments, or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.
23.1.9Destruction of any part of a patient's records before a minimum of three (3) years have elapsed from the last entry in the medical record shall be considered unprofessional conduct. Records are to include, but are not limited to, information such as written or electronic documentation, rabies records, radiographs, ultrasounds, laboratory, and histopathological results.
23.1.10Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.
23.1.10.1Animal housing (such as cages, shelters, pens and runs) should be designed with maintaining the animal in a state of relative thermal neutrality, avoiding unnecessary physical restraint, and providing sanitary conditions and convenient access to appropriate food and water. If animals are group housed, they should be maintained in compatible groups without overcrowding.
23.1.10.2Housing should be kept in good repair to prevent injury to the animal.
23.1.10.3Precautions should be taken to prevent the spread of communicable diseases in housing animals.
23.1.11Improper labeling of prescription drugs. The package or label must contain the following information, either typed or in legible handwriting:
23.1.11.1Name and address of the prescribing veterinarian;
23.1.11.2Patient's first name and owner's last name;
23.1.11.3Name, strength and quantity of the drug, and date dispensed;
23.1.11.4Specific usage directions, describing the exact method by which the drug must be administered. A prescription without specific directions, or a prescription bearing the notation "as directed" without specific directions, may not be prepared or dispensed.
23.1.12Failure to make childproof packaging available for prescription drugs upon the request of a client.
23.1.13Misrepresenting continuing education hours to the Board.
23.1.14Failure to obey a disciplinary order of the Board.
23.1.15Prescribing medication without examining the animal(s) within a period of one year.
23.1.16Advertising an emergency hospital or clinic or emergency services without including in the advertisement the hours during which such emergency services are provided and the availability of the veterinarian who is to provide the emergency services, or failing to provide such services during the hours advertised. The availability of the veterinarian who is to provide emergency service shall be specified as either “veterinarian on premises” or “veterinarian on call.” The phrase “veterinarian on call” shall mean that a veterinarian is not present at the hospital, but is able to respond within a reasonable time to requests for emergency services and has been designated to so respond.
23.1.17Failure to disclose common side effects upon request. Upon request of the client, directed to the veterinarian, the veterinarian shall disclose the common side effects of medications prescribed by the veterinarian. Such disclosure may be made verbally or in written or electronic format.
5 DE Reg. 1897 (4/1/02)
5 DE Reg. 1962 (5/1/02)
6 DE Reg. 273 (9/1/02)
6 DE Reg. 950 (2/1/03)
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
12 DE Reg. 1357 (04/01/10)
15 DE Reg. 1362 (03/01/12)
34.0 Privileged Communications
(24 Del.C. §3316(a)(7))
34.1Privileged Communications.
Veterinarians must protect the personal privacy of patients and clients by not willfully revealing privileged communications regarding the diagnosis and treatment of an animal.
The following are not considered privileged communications:
34.1.1The sharing of veterinary medical information regarding the diagnosis and treatment of an animal when required by law, subpoena, or court order or when it becomes necessary to protect the health and welfare of other individuals or animals.
34.1.2The sharing of veterinary medical information between veterinarians or facilities for the purpose of diagnosis or treatment of animals.
34.1.3The sharing of veterinary medical information between veterinarians and peace officers, humane society officers, or animal control officers who are acting to protect the welfare of individuals or animals.
10 DE Reg. 884 (11/01/06)
45.0 Veterinary Premises & Equipment
(24 Del.C. §3313 (9))
45.1The animal facility shall be kept clean. A regular schedule of sanitary maintenance is necessary, including the elimination of wastes.
45.2Animal rooms, corridors, storage areas, and other parts of the animal facility shall be washed, scrubbed, vacuumed, mopped, or swept as often as necessary, using appropriate detergents and disinfectants to keep them free of dirt, debris, and harmful contamination.
45.3Animal cages, racks, and accessory equipment, such as feeders and water utensils, shall be washed and sanitized as often as necessary to keep them physically clean and free from contamination. In addition, cages should always be sanitized before new animals are placed in them. Sanitizing may be accomplished either by washing all soiled surfaces with a cleaning agent having an effective bactericidal action or with live steam or the equivalent thereof.
45.4Cages or pens from which animal waste is removed by hosing or flushing shall be cleaned and suitably disinfected one or more times daily. Animals should be removed from cages during servicing in order to keep the animals dry.
45.5If litter or bedding such as paper is used in animal cages or pens, it shall be changed as often as necessary to keep the animals clean.
45.6Waste disposal must be carried out in accordance with good public health practice and federal and state regulations. Waste materials should be removed regularly and frequently so that storage of waste does not create a nuisance.
45.7Biomedical waste such as culture plates, tubes, contaminated sponges, swabs, biologicals, needles, syringes, and blades, must be disposed of according to federal and state guidelines. Before disposing of blood soiled articles, they shall be placed in a leak-proof disposable container such as a plastic sack or a plastic-lined bag.
45.8Proper refrigeration and sterilization equipment should be available.
45.9Adequate safety precautions must be used in disposing animal carcasses and tissue specimens. An animal carcass shall be disposed of promptly according to federal and state law and regulations. If prompt disposal of an animal carcass is not possible, it shall be contained in a freezer or stored in a sanitary, non-offensive manner until such time as it can be disposed. Livestock shall be disposed of by any acceptable agricultural method.
45.10The elimination or effective control of vermin shall be mandatory.
10 DE Reg. 884 (11/01/06)
56.0 Qualification For Veterinary Licensure By Examination
(24 Del.C. §3313) and by Reciprocity (4 Del.C. §3314)
56.1The applicant shall file the following documents:
56.1.1Completed application form obtained from the Board office. The application fee shall be set by the Division of Professional Regulation. The check for the application fee should be made payable to the State of Delaware.
56.1.2Official transcript from an AVMA approved veterinary college or university. If an applicant is not a graduate of an AVMA-accredited veterinary school or college, the applicant must possess either a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), or its successor, or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, or its successor.
56.1.3Letters of good standing from any other jurisdictions in which the applicant is/or has been licensed.
56.1.4North American Veterinary Licensing Examination (NAVLE) score or its successor or both the official National Board Examination (NBE) and Clinical Competency Test (CCT) scores, unless the reciprocity applicant meets the statutory exemptions in 24 Del.C. §3309.
56.1.5Check or money order for the amount established by the Division of Professional Regulation. The license fee shall by set by the Division of Professional Regulation. Fees should be made payable to the “State of Delaware.”
56.2Only completed application forms will be accepted. Any information provided to the Board is subject to verification.
56.3Applications for any licensure submitted by final year veterinary students enrolled in an AVMA accredited university for the purpose of taking the NAVLE exam will be considered complete only upon proof of the applicant’s graduation. Such applicants must demonstrate probability of graduation and will not be considered for any licensure until proof of graduation is submitted to the Board.
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
67.0 Character Of Examination for Veterinarians- North American Veterinary Licensing Examination (NAVLE)
(24 Del.C. §3306)
67.1Examination for licensure to practice veterinary medicine in the State of Delaware shall consist of the North American Veterinary Licensing Examination (NAVLE) or its successor.
67.1.1The passing score for the NAVLE shall be the score as recommended by the National Board of Veterinary Medical Examiners or its successor.
10 DE Reg. 884 (11/01/06)
78.0 Reciprocity for Veterinarians
(24 Del.C. §3314)
Applications for licensure by reciprocity shall be the same application used for licensure by examination and be subject to the application requirements set forth in 24 Del.C. §3314.
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
89.0 Licensure - Renewal, Reinstatement and Inactive Status
(24 Del.C. §3309)
8.1All licenses are renewed biennially (every 2 years). A licensee may have his/her license renewed by submitting a renewal application to the Board by the license expiration date and upon payment of the renewal fee prescribed by the Division of Professional Regulation along with attestation of completion of continuing education requirements. Continuing education requirements for renewal are specified in Section 9.0 for veterinarians and Section 14 for veterinary technicians. The failure of the Board to give, or the failure of the licensee to receive, notice of the expiration date of a license shall not prevent the license from becoming invalid after its expiration date.
9.1Licenses shall expire biennially on every odd numbered year. License renewal shall be accomplished online at www.dpr.delaware.gov and shall include:
9.1.1the applicable fee, and
9.1.2attestation of completion of continuing education courses required by Section 10.0.
9.2Continuing education requirements for renewal are specified in Section 10.0 for veterinarians and Section 15.0 for veterinary technicians.
9.3The failure of the Board to give, or the failure of the licensee to receive, notice of the expiration date of a license shall not prevent the license from becoming invalid after its expiration date.
8.29.4Any licensee who fails to renew his/her license by the license expiration date may still renew his/her license during the one (1) year period immediately following the license expiration date provided the licensee pay a late fee established by the Division of Professional Regulation in addition to the established renewal fee, submit the renewal application and attest to completing the continuing education requirements for renewal as specified in Section 910.0 for veterinarians and Section 1415.0 for veterinary technicians.
9.5Any licensee who fails to renew his/her license within the one (1) year period immediately following the license expiration date may reinstate his/her license provided the licensee pays a reinstatement fee established by the Division of Professional Regulation and attests to completing the continuing education requirements for reinstatement as specified in subsection 10.2 for veterinarians and subsection 15.2 for veterinary technicians.
9.6A licensee who is not actively practicing in this State may request to have his/her license placed on inactive status. Subsequent requests for extension of the period of inactive status shall be submitted in writing, with the inactive status renewal fee, to coincide with the biennial licensure renewal. A licensee may reactivate his/her license provided the licensee pays a reactivation fee established by the Division of Professional Regulation and attests to completing the continuing education requirements for reactivation as specified in subsection 10.3 for veterinarians and subsection 15.3 for veterinary technicians.
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
17 DE Reg. 1099 (05/01/14)
910.0 Continuing Education for Veterinarians
(24 Del.C. §3309(b))
910.1Any veterinarian actively licensed to practice in the State of Delaware shall meet the following continuing education requirements to the satisfaction of the Board.
910.1.1Twenty-four (24) hours of approved certified continuing education credits must be completed for the immediate two year period preceding each biennial license renewal date.
9.1.2The number of credit hours shall be submitted to the Board with each biennial license renewal application.
910.1.21.1Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Ssubsection 9.1.1 10.1.1.
910.1.21.2Attestation shall be completed electronically.
910.1.21.3Licensees selected for random audit are required to supplement the attestation with attendance verification as provided in subsection 9.1.2.4 10.1.1.4.
910.1.21.4A log of CE on a form approved by the Board shall be maintained during the licensure period to be submitted if the renewal application licensee is selected for CE audit. Random audits will be performed by the Board to ensure compliance with the CE requirement. Licensees selected for the random audit shall submit the log and attendance verification.
910.1.21.5The Board shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Board determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these regulations shall constitute a violation of 24 Del.C. §3316(a)(13) and the licensee may be subject to one of more of the disciplinary sanctions set forth in 24 Del.C. §3317.
910.1.32Proration: Continuing education requirements shall be prorated for new licensees only.
910.1.32.1No continuing education is required for fewer than six months of licensure.
910.1.32.2Six hours of continuing education are required after at least six months but less than twelve months of licensure.
910.1.32.3Twelve hours of continuing education are required after at least twelve months but less than twenty-four months of licensure.
910.1.32.4Twenty-four hours of continuing education are required after twenty-four months of licensure.
910.1.43A veterinarian may apply to the Board in writing for an extension of the period of time needed to complete the continuing education requirement for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence. Application for extension shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
910.1.54The Board has the power to waive any part of the entire continuing education requirement. Exemptions to the continuing education requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
910.2Continuing Education Requirements for Reinstatement of Lapsed License
910.2.1Any veterinarian whose license to practice in the State of Delaware has lapsed and who has applied for reinstatement shall meet the following continuing education requirements to the satisfaction of the Board.
910.2.1.1Lapse of 12 to 24 months. Twenty-four (24) hours of continuing education credits must be completed. The 24 hours of continuing education credits must have been completed within 2 years prior to the request for reinstatement.
910.2.1.2Lapse of over 24 months. Thirty-six (36) hours of continuing education credits must be completed. The 36 hours of continuing education credits must have been completed within 43 years prior to the request for reinstatement.
910.3Continuing Education Requirements for Reinstatement of Inactive License
910.3.1Twenty-four (24) hours of continuing education credits must be submitted for licensees on the inactive roster who wish to remove their license from inactive status. The 24 hours of continuing education credits must have been completed within 2 years prior to the request for removal from inactive status.
910.4The Board may approve continuing education courses or sponsors upon written application on Board supplied forms. In addition, the Board may approve continuing education courses or sponsors on its own motion.
910.5The following organizations are approved for formal continuing education activities.
910.5.1AVMA.
910.5.2AVMA accredited schools.
910.5.3Federal/State/County Veterinary Associations & USDA.
910.5.4Compendium on Continuing Education for the Practicing Veterinarian; NOAH; VIN.
910.5.5Registry of Approved Continuing Education (RACE) courses.
910.6Accreditation Approval by the Board of continuing education courses will be based upon program content. Continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine.
910.6.1University course work, subject to Board approval.
910.6.2Veterinary course work completed prior to graduation may be approved for continuing education credit for the first renewal period after graduation provided the course work was completed no more that than 2 1/2 years before the renewal date.
910.6.3Government Agencies.
910.6.4Other forms of CE as long as the activity is approved by the Board.
910.7The Board may at any time re-evaluate an accredited course or sponsor and withdraw future approval of a previously accredited continuing education course or sponsor.
10 DE Reg. 884 (11/01/06)
11 DE Reg. 88 (07/01/07)
12 DE Reg. 1233 (03/01/09)
17 DE Reg. 1099 (05/01/14)
101.0 Voluntary Treatment Option
101.1If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
101.2The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
101.3In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
101.4A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
101.5Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 10.8 11.8 of this section.
101.6The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
101.6.1Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
101.6.2Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
101.6.3Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
101.6.4Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
101.6.5Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
101.6.6Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
101.7The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
101.8The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
101.9If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
101.10Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
112.0 Qualification for Licensure by Examination as a Veterinary Technician
(24 Del.C. §3319)
112.1The applicant shall file the following documents:
112.1.1Completed application form obtained from the Board office. The application fee shall be set by the Division of Professional Regulation. The check for the application fee should be made payable to the State of Delaware.
112.1.2Official transcript from an AVMA-accredited veterinary technician program or from a foreign veterinary program approved by the AVMA.
112.1.3Letters of good standing from any other jurisdictions in which the applicant is/or has been licensed, certified or registered.
112.1.4Veterinary Technician National Examination (VTNE) or its successor.
112.1.5Check or money order for the license fee. The license fee shall by set by the Division of Professional Regulation. Fees should be made payable to the "State of Delaware."
112.2Proof of education shall consist of a transcript sent directly from school to the Board.
112.3Only completed application forms will be accepted. Any information provided to the Board is subject to verification.
112.4Applications for any licensure submitted by final year veterinary technician students enrolled in an AVMA-accredited program for the purpose of taking the VTNE exam will be considered complete only upon proof of the applicant’s graduation. Such applicants must demonstrate probability of graduation and will not be considered for any licensure until proof of graduation is submitted to the Board.
10 DE Reg. 884 (11/01/06)
12 DE Reg. 1233 (03/01/09)
17 DE Reg. 445 (10/01/13)
17 DE Reg. 1099 (05/01/14)
123.0 Character of Examination for Veterinary Technicians – Veterinary Technician National Examination (VTNE)
(24 Del.C. §3306)
123.1Examination for licensure to practice as a veterinary technician in the State of Delaware shall consist of the Veterinary Technician National Examination (VTNE) or its successor.
123.1.1The passing score for the VTNE or its successor shall be the score as recommended by the American Association of Veterinary State Boards or its successor.
10 DE Reg. 884 (11/01/06)
134.0 Reciprocity for Veterinary Technicians
(24 Del.C. §3320)
Applications for licensure by reciprocity shall be the same application used for licensure by examination and be subject to the application requirements set forth in 24 Del.C. §3320.
10 DE Reg. 884 (11/01/06)
145.0 Continuing Education for Veterinary Technicians
(24 Del.C. §3309(b))
145.1Any veterinary technician actively licensed to practice in the State of Delaware shall meet the following continuing education requirements to the satisfaction of the Board.
145.1.1Twelve (12) hours of approved certified continuing education credits must be completed for the immediate two-year period preceding each biennial license renewal date.
14.1.2The number of credit hours shall be submitted to the Board with each biennial license renewal application.
145.1.21.1Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Rule 14.1.1 subsection 15.1.1.
145.1.21.2Attestation shall be completed electronically.
145.1.21.3Licensees selected for random audit are required to supplement the attestation with attendance verification as provided in subsection 14.1.2.4 15.1.1.4.
145.1.21.4A log of CE on a form approved by the Board shall be maintained during the licensure period to be submitted if the renewal application is selected for CE audit. Random audits will be performed by the Board to ensure compliance with the CE requirement. Licensees selected for the random audit shall submit the log and attendance verification.
145.1.21.5The Board shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Board determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these regulations shall constitute a violation of 24 Del.C. §3316(a)(13) and the licensee may be subject to one of more of the disciplinary sanctions set forth in 24 Del.C. §3317.
145.1.32Proration: Continuing education requirements shall be prorated for new licensees only.
145.1.32.1No continuing education is required for fewer than six months of licensure.
145.1.32.2Three hours of continuing education are required after at least six months but less than twelve months of licensure.
145.1.32.3Six hours of continuing education are required after at least twelve months but less than twenty-four months of licensure.
145.1.32.4Twelve hours of continuing education are required after twenty-four months of licensure.
145.1.43A veterinary technician may apply to the Board in writing for an extension of the period of time needed to complete the continuing education requirement for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence. Application for extension shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
145.1.54The Board has the power to waive any part of the entire continuing education requirement. Exemptions to the continuing education requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
145.2Continuing Education Requirements for Reinstatement of Lapsed License
145.2.1Any veterinary technician whose license to practice in the State of Delaware has lapsed and who has applied for reinstatement shall meet the following continuing education requirements to the satisfaction of the Board.
145.2.1.1 Lapse of 12 to 24 months. Twelve (12) hours of continuing education credits must be completed. The 12 hours of continuing education credits must have been completed within 2 years prior to the request for reinstatement.
145.2.1.2Lapse of over 24 months. Eighteen (18) hours of continuing education credits must be completed. The 18 hours of continuing education credits must have been completed within 43 years prior to the request for reinstatement.
145.3Continuing Education Requirements for Reinstatement of Inactive License
145.3.1Twelve (12) hours of continuing education credits must be submitted for licensees on the inactive roster who wish to remove their license from inactive status. The 12 hours of continuing education credits must have been completed within 2 years prior to the request for removal from inactive status.
145.4The Board may approve continuing education courses or sponsors upon written application on Board supplied forms. In addition, the Board may approve continuing education courses or sponsors on its own motion.
145.5The following organizations are approved for formal continuing education activities.
145.5.1AVMA.
145.5.2AVMA accredited schools.
145.5.3Federal/State/County Veterinary Associations & USDA.
145.5.4The NAVTA Journal, NAVTA-approved online continuing education
145.5.5Registry of Approved Continuing Education (RACE) courses.
145.6Accreditation Approval by the Board of continuing education courses will be based upon program content. Continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine.
145.6.1University course work, subject to Board approval.
145.6.2Veterinary technician program course work completed prior to graduation may be approved for continuing education credit for the first renewal period after graduation provided the course work was completed no more that than 2 1/2 years before the renewal date.
145.6.3Government Agencies.
145.6.4Other forms of CE as long as and the activity is approved by the Board.
145.7The Board may at any time re-evaluate an accredited course or sponsor and withdraw future approval of a previously accredited continuing education course or sponsor.
10 DE Reg. 884 (11/01/06)
11 DE Reg. 88 (07/01/07)
12 DE Reg. 1233 (03/01/09)
17 DE Reg. 1099 (05/01/14)
156.0 Unprofessional Conduct for Veterinary Technicians
(24 Del.C. §3316(a)(1))
156.1Unprofessional conduct as a veterinary technician shall include, but not be limited to, the following:
156.1.1performing the acts forbidden under Ssubsection 1.3, of the Rules and Regulations subject to Section 2.0.
156.1.2performing the tasks in Ssubsection 1.6 of the Rules and Regulations without the specified supervision.
156.1.3Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.
156.1.4Misrepresenting continuing education hours to the Board.
156.1.5Failure to obey a disciplinary order of the Board.
156.1.6Use by a veterinary technician of any certificate, college degree, license, or title to which he or she is not entitled.
156.1.7Placement of veterinary technical knowledge, attainments, or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.
10 DE Reg. 884 (11/01/06)
167.0 Crimes substantially related to the provision of Veterinary Medicine
167.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the provision of Veterinary Medicine in the State of Delaware without regard to the place of conviction:
167.1.1Reckless endangering in the first degree. 11 Del.C. §604
167.1.2Abuse of a pregnant female in the second degree. 11 Del.C. §605
167.1.3Abuse of a pregnant female in the first degree. 11 Del.C. §606
167.1.4Assault in the second degree. 11 Del.C. §612
167.1.5Assault in the first degree. 11 Del.C. §613
167.1.6Terroristic threatening. 11 Del.C. §621 Felony
167.1.7Unlawfully administering drugs. 11 Del.C. §625
167.1.8Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626
167.1.9Murder by abuse or neglect in the second degree. 11 Del.C. §633
167.1.10Murder by abuse or neglect in the first degree. 11 Del.C. §634
167.1.11Murder in the second degree. 11 Del.C. §635
167.1.12Murder in the first degree. 11 Del.C. §636
167.1.13Incest. 11 Del.C. §766
167.1.14Unlawful sexual contact in the first degree. 11 Del.C. §769
167.1.15Rape in the fourth degree. 11 Del.C. §770
167.1.16Rape in the third degree. 11 Del.C. §771
167.1.17Rape in the second degree. 11 Del.C. §772
167.1.18Rape in the first degree. 11 Del.C. §773
167.1.19Sexual extortion. 11 Del.C. §776
167.1.20Bestiality. 11 Del.C. §777
167.1.21Continuous sexual abuse of a child. 11 Del.C. §778
167.1.22Dangerous crime against a child. 11 Del.C. §779
167.1.23Female genital mutilation. 11 Del.C. §780
167.1.24Unlawful imprisonment in the first degree. 11 Del.C. §782
167.1.25Kidnapping in the second degree. 11 Del.C. §783
167.1.26Kidnapping in the first degree. 11 Del.C. §783A
167.1.27Dealing in children. 11 Del.C. §1100
167.1.28Endangering the welfare of a child. 11 Del.C. §1102
167.1.29Sexual exploitation of a child. 11 Del.C. §1108
167.1.30Unlawfully dealing in child pornography. 11 Del.C. §1109
167.1.31Possession of child pornography. 11 Del.C. §1111
167.1.32Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
167.1.33Sexual solicitation of a child. 11 Del.C. §1112A
167.1.34Obstructing the control and suppression of rabies. 11 Del.C. §1248
167.1.35Offenses against law-enforcement animals. 11 Del.C. §1250
167.1.36Use of an animal to avoid capture. 11 Del.C. §1257A (Felony)
167.1.37Hate crimes. 11 Del.C. §1304 (Felony)
167.1.38Cruelty to animals. 11 Del.C. §1325
167.1.39The unlawful trade in dog or cat by-products. 11 Del.C. §1325A
167.1.40Animals; fighting and baiting prohibited. 11 Del.C. §1326
167.1.41Maintaining a dangerous animal. 11 Del.C. §1327
167.1.42Abusing a corpse. 11 Del.C. §1332
167.1.43Promoting prostitution in the second degree. 11 Del.C. §1352
167.1.44Promoting prostitution n the first degree. 11 Del.C. §1353
167.1.45Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457 (Felony)
167.1.46Violations. 16 Del.C. §1136
167.1.47Prohibited acts A; penalties. 16 Del.C. §4751
167.1.48Prohibited acts B; penalties. 16 Del.C. §4752
167.1.49Unlawful delivery of noncontrolled substance. 16 Del.C. §4752A
167.1.50Prohibited acts C; penalties. 16 Del.C. §4753
167.1.51Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3, 4 methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A
167.1.52Prohibited acts D; penalties. 16 Del.C. §4754
167.1.53Possession and delivery of noncontrolled prescription drug. 16 Del.C. §4754A
167.1.54Distribution to persons under 21 years of age; penalties. 16 Del.C. §4761
167.1.55Purchase of drugs for minors; penalties. 16 Del.C. §4761A
167.1.56Distribution, delivery, or possession of controlled substance within 1,000feet of school property; penalties; defenses. 16 Del.C. §4767
167.1.57Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; penalties; defenses. 16 Del.C. §4768
167.1.58Unauthorized Acts against a Service Guide or Seeing Eye Dog (class D felony). 7 Del.C. §1717
167.2Crimes substantially related to the practice of Veterinary Medicine shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
8 DE Reg. 1105 (02/01/05)
10 DE Reg. 884 (11/01/06)
11 DE Reg. 88 (07/01/07)
15 DE Reg. 1362 (03/01/12)
17 DE Reg. 445 (10/01/13)
17 DE Reg. 1099 (05/01/14)
19 DE Reg. 827 (03/01/16) (Prop.)