38-3321 Veterinarian; veterinary technician; animal therapist; license; required; exceptions. - Nebraska Statutes

38-3321. Veterinarian; veterinary technician; animal therapist; license;required; exceptions.No person may practice veterinarymedicine and surgery in the state who is not a licensed veterinarian, no person may perform delegated animalhealth care tasks in the state who is not a licensed veterinary technicianor an unlicensed assistant performing such tasks within the limits establishedunder subdivision (2) of section 38-3326, and no person may perform healthcare therapy on animals in the state who is not a licensed animal therapist.The Veterinary Medicine and Surgery Practice Act shall not be construed toprohibit:(1) An employee of the federal, state, or local governmentfrom performing his or her official duties;(2) A person who is a student in a veterinary school fromperforming duties or actions assigned by his or her instructors or from workingunder the direct supervision of a licensed veterinarian;(3) A person who is a student in an approved veterinary technicianprogram from performing duties or actions assigned by his or her instructorsor from working under the direct supervision of a licensed veterinarian ora licensed veterinary technician;(4) Any merchant or manufacturer from selling feed or feedswhether medicated or nonmedicated;(5) A veterinarian regularly licensed in another state fromconsulting with a licensed veterinarian in this state;(6) Any merchant or manufacturer from selling from his orher established place of business medicines, appliances, or other productsused in the prevention or treatment of animal diseases or any merchant ormanufacturer's representative from conducting educational meetings to explainthe use of his or her products or from investigating and advising on problemsdeveloping from the use of his or her products;(7) An owner of livestock or a bona fide farm or ranch employeefrom performing any act of vaccination, surgery, pregnancy testing, or theadministration of drugs in the treatment of domestic animals under his orher custody or ownership nor the exchange of services between persons or bonafide employees who are principally farm or ranch operators or employees inthe performance of these acts;(8) A member of the faculty of a veterinary school or veterinaryscience department from performing his or her regular functions, or a personlecturing or giving instructions or demonstrations at a veterinary schoolor veterinary science department or in connection with a continuing competencyactivity;(9) Any person from selling or applying any pesticide, insecticide,or herbicide;(10) Any person from engaging in bona fide scientific researchwhich reasonably requires experimentation involving animals;(11) Any person from treating or in any manner caring fordomestic chickens, turkeys, or waterfowl, which are specifically exemptedfrom the Veterinary Medicine and Surgery Practice Act;(12) Any person from performing dehorning or castrating livestock,not to include equidae.For purposes of the Veterinary Medicine and Surgery PracticeAct, castration shall be limited to the removal or destruction of male testes;or(13) Any person who holds a valid credential in the Stateof Nebraska in a health care profession or occupation regulated under theUniform Credentialing Act from consulting with a licensed veterinarian or performing collaborative animalhealth care tasks on an animal under the care of such veterinarian ifall such tasks are performed under the immediate supervision of such veterinarian. SourceLaws 1967, c. 439, § 3, p. 1354; Laws 1986, LB 926, § 47; Laws 1988, LB 1100, § 56; Laws 2002, LB 1021, § 23; Laws 2004, LB 1005, § 18; Laws 2005, LB 301, § 11; R.S.Supp.,2006, § 71-1,155; Laws 2007, LB463, § 1103; Laws 2008, LB928, § 13; Laws 2009, LB463, § 7.AnnotationsSubsection (6) of this section applies to owners or bona fide farm or ranch employees who work on their own animals, not another person's animals, unless an exchange of services is involved. State ex rel. Dept. of Health v. Jeffrey, 247 Neb. 100, 525 N.W.2d 193 (1994).