Bill Text: HI SB8 | 2013 | Regular Session | Amended
Bill Title: Veterinary Medicine; Criminal Penalties; Pet Animals
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-04-25 - Received notice of discharge of conferees (Hse. Com. No. 741). [SB8 Detail]
Download: Hawaii-2013-SB8-Amended.html
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THE SENATE |
S.B. NO. |
8 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO VETERINARY MEDICINE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 471-2, Hawaii Revised Statutes, is amended to read as follows:
"§471-2 License required. No
person shall practice veterinary medicine, either gratuitously or for pay, or
shall offer to so practice, or shall announce or advertise, publicly or
privately, as prepared or qualified to so practice, or shall append the letters
"Dr." or affix any other letters to the person's name, with
the intent [thereby] to imply that the person is a practitioner of
veterinary medicine, without having a valid unrevoked license obtained from the
board of veterinary examiners; provided that nothing in this chapter prevents
or prohibits the following:
(1) Any person from gratuitously treating animals in case of emergency;
(2) The owner of any animal or animals and the owner's full-time, regular employees from caring for and treating any animals belonging to the owner; provided that the owner of a pet animal and the owner's employees shall not perform any surgical procedures on the pet animal, including but not limited to surgical birth, tail docking, dewclaw removal, ear cropping, and debarking; and provided further that persons residing in counties with a population of less than five hundred thousand persons may conduct tail docking and dewclaw removal procedures on pet animals within five days of the pet animal's birth. For purposes of this paragraph, "pet animal" shall have the same meaning as in section 711‑1100;
(3) Any student enrolled in any veterinary school or college or any employee of a veterinarian from working under the direct supervision of a veterinarian;
(4) Any person from practicing veterinary medicine in the employ of the United States government while engaged in the performance of the person's official duties;
(5) Any person licensed to practice veterinary medicine in any state, or any certified scientist or professional in animal care, from practicing in this State when in actual consultation with or under the sponsorship of veterinarians of this State; provided that the person licensed from another state, or the certified scientist or professional in animal care, shall not open an office, or appoint a place to meet patients, or receive calls within the limits of the State;
(6) Any farmer from giving to another farmer the assistance customarily given in the ordinary practice of animal husbandry; or
(7) Any applicant who meets the licensing requirements of practicing veterinary medicine under a veterinarian by permit; provided the applicant applies for and takes the first examination scheduled by the board. A permit shall not be renewed."
SECTION 2. Section 471-15, Hawaii Revised Statutes, is amended to read as follows:
"[[]§471-15[]] Criminal
penalties. [Any] (a) Except as provided in subsection (b), any
person convicted of violating section 471-2 shall [have committed] be
guilty of a misdemeanor and shall be subject to a fine not to exceed
$500 [or], imprisoned not more than six months, or both.
[Additionally,] (b) Any person
convicted of violating section 471-2 and who, in the course of that violation,
intentionally or knowingly performs any surgical procedure, including but not
limited to surgical birth, ear cropping, tail docking, dewclaw removal, and
debarking, on a pet animal shall be guilty of a class C felony. For purposes
of this subsection, "pet animal" shall have the same meaning as in
section 711-1100.
(c) In addition to the penalties provided in subsections (a) and (b), all tools, implements, appliances, medicine, and drugs used in the practice of veterinary medicine by any person convicted of practicing veterinary medicine without a license shall be declared forfeited to the State by the court and turned over to the board for disposition as it may choose to make."
SECTION 3. Section 711-1108.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Subsection (1)(a) shall not apply to:
(a) Accepted veterinary practices[;] performed
by a veterinarian licensed under chapter 471;
(b) Activities carried on for scientific research
governed by standards of accepted educational or medicinal practices; [or]
and
(c) Cropping or docking as customarily practiced[.]
and performed by a veterinarian licensed under chapter 471."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2112.
Report Title:
Veterinary Medicine; Criminal Penalties; Pet Animals
Description:
Prohibits pet animal owners and owners' employees from performing surgical procedures, including surgical birth, ear cropping, tail docking, dewclaw removal, and debarking on the pet animal without being a licensed veterinarian, with some exceptions. Makes intentional or knowing violation of this prohibition a class C felony. Specifies that accepted veterinary practices and cropping or docking as customarily practiced, shall not be considered cruelty to animals in the first degree if performed by a licensed veterinarian. Effective July 1, 2112. (SB8 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
