340.216. Practice without license prohibited, prohibited acts--exceptions. - Missouri Statutes

Practice without license prohibited, prohibitedacts--exceptions.

340.216. 1. It is unlawful for any person not licensed as aveterinarian under the provisions of sections 340.200 to 340.330 topractice veterinary medicine or to do any act which requires knowledge ofveterinary medicine for valuable consideration, or for any person not solicensed to hold himself or herself out to the public as a practitioner ofveterinary medicine by advertisement, the use of any title or abbreviationwith the person's name, or otherwise; except that nothing in sections340.200 to 340.330 shall be construed as prohibiting:

(1) Any person from gratuitously providing emergency treatment, aidor assistance to animals where a licensed veterinarian is not availablewithin a reasonable length of time if the person does not represent himselfor herself to be a veterinarian or use any title or degree appertaining tothe practice thereof;

(2) Acts of a person who is a student in good standing in a school orcollege of veterinary medicine or while working as a student preceptee, inperforming duties or functions assigned by the student's instructors, orwhile working under the appropriate level of supervision of a licensedveterinarian as is consistent with the particular delegated animal healthcare task as established by board rule, and acts performed by a student ina school or college of veterinary medicine recognized by the board andperformed as part of the education and training curriculum of the schoolunder the supervision of the faculty. The unsupervised or unauthorizedpractice of veterinary medicine, even though on the premises of a school orcollege of veterinary medicine, is prohibited;

(3) Personnel employed by the United States Department of Agricultureor the Missouri department of agriculture from engaging in animal disease,parasite control or eradication programs, or other functions specificallyrequired and authorized to be performed by unlicensed federal or stateofficials under any lawful act or statute, except that this exemption shallnot apply to such persons not actively engaged in performing or fulfillingtheir official duties and responsibilities;

(4) Any merchant or manufacturer from selling drugs, medicine,appliances or other products used in the prevention or treatment of animaldiseases if such drug, medicine, appliance or other product is not markedby the appropriate federal label. Such merchants or manufacturers shallnot, either directly or indirectly, attempt to diagnose a symptom ordisease in order to advise treatment, use of drugs, medicine, appliances orother products;

(5) The owner of any animal or animals and the owner's full-timeemployees from caring for and treating any animals belonging to such owner,with or without the advice and consultation of a licensed veterinarian,provided that the ownership of the animal or animals is not transferred, oremployment changed, to avoid the provisions of sections 340.200 to 340.330;however, only a licensed veterinarian may immunize or treat an animal fordiseases which are communicable to humans and which are of public healthsignificance, except as otherwise provided for by board rule;

(6) Any graduate of any accredited school of veterinary medicinewhile engaged in a veterinary candidacy program or foreign graduate from anonaccredited school or college of veterinary medicine while engaged in aveterinary candidacy program or clinical evaluation program, and whileunder the appropriate level of supervision of a licensed veterinarianperforming acts which are consistent with the particular delegated animalhealth care task;

(7) State agencies, accredited schools, institutions, foundations,business corporations or associations, physicians licensed to practicemedicine and surgery in all its branches, graduate doctors of veterinarymedicine, or persons under the direct supervision thereof from conductingexperiments and scientific research on animals in the development ofpharmaceuticals, biologicals, serums, or methods of treatment, ortechniques for the diagnosis or treatment of human ailments, or whenengaged in the study and development of methods and techniques directly orindirectly applicable to the problems of the practice of veterinarymedicine;

(8) Any veterinary technician, duly registered by, and in goodstanding with, the board from administering medication, appliances or otherproducts for the treatment of animals while under the appropriate level ofsupervision as is consistent with the delegated animal health care task;and

(9) A consulting veterinarian while working in a consulting capacityin Missouri while under the immediate supervision of a veterinarianlicensed and in good standing under sections 340.200 to 340.330.

2. Nothing in sections 340.200 to 340.330 shall be construed aslimiting the board's authority to provide other exemptions or exceptions tothe requirements of licensing as the board may find necessary orappropriate under its rulemaking authority.

(L. 1992 H.B. 878 § 9, A.L. 1999 S.B. 424)