Bill S.2571

FILED ON: 11/4/2021

SENATE . . . . . . . . . . . . . . No. 2571

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act regulating the practice and licensure of veterinary technicians.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 13 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 26 the following section:-

Section 26A. There shall be a subsidiary board for veterinary technology within and subject to the control of the board of registration in veterinary medicine. Recommendations and decisions of the subsidiary board shall be subject to approval by the board of registration in veterinary medicine.

The subsidiary board shall be comprised of five members appointed by the governor. One member shall be a veterinarian member of the board of registration in veterinary medicine. Three members shall be licensed veterinary technicians selected from a list of nominees provided to the governor by the Massachusetts Veterinary Technician Association. One member shall be appointed as the public member of the subsidiary board. Each member of the subsidiary board shall be a legal resident of the commonwealth.

Members of the subsidiary board shall be appointed for two-year terms, except that the initial veterinarian appointee and one of the initial veterinary technician appointees shall be appointed for three-year terms.

The members of the subsidiary board shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in performance of their duties as members or on behalf of the subsidiary board.

SECTION 2. Section 54A of chapter 112 of the General Laws, as so appearing, is hereby amended by adding, after the sixth paragraph, the following:-

“Subsidiary board”, the subsidiary board for veterinary technology, as established in Section 26A of Chapter 13.

“Veterinary technology”, the performance of services within the field of veterinary medicine by a person who, for compensation or personal profit, is employed by or under the supervision of a licensed veterinarian to perform such duties as are required in carrying out medical orders as prescribed by a licensed veterinarian requiring an understanding of veterinary science.

“Veterinary technician”, a graduate of an American Veterinary Medical Association accredited program in veterinary technology or veterinary nursing who has achieved a passing score on an approved licensing exam as determined by the board of registration in veterinary medicine and has successfully applied for a license in the commonwealth.

“Veterinary assistant”, an individual working as part of a veterinary healthcare team who is not licensed as a veterinary technician.

SECTION 3. Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after Section 54A the following new sections:-

Section 54B. The subsidiary board shall promulgate rules and regulations by which veterinary technicians shall be licensed and registered in the commonwealth, subject to approval by the board. The subsidiary board may recommend the suspension or revocation of a veterinary technician’s license for failure to abide by the general laws or regulations promulgated by the board. The subsidiary board shall provide education regarding differences in the duties and actions allowed for by veterinary technicians and veterinary assistants. The subsidiary board shall, subject to the approval of the board, change or alter the duties and rights granted to veterinary technicians and veterinary assistants to reflect changes in the practice of veterinary technology over time.

Such regulations, as promulgated by the subsidiary board and approved by the board, shall: delineate the duties which supervising, licensed veterinarians may assign to licensed veterinary technicians and to non-licensed veterinary assistants, consistent with good veterinary medical practice in the best interests of consumers; address the maintenance, suspension, and revocation of licenses; and provide for continuing education requirements for licensed veterinary technicians.

Veterinary technician students, or other individuals deemed appropriate by the subsidiary board, working under the supervision of a licensed veterinarian or a licensed veterinary technician may engage in activities necessary to learn and practice supervised techniques on patients.

The subsidiary board shall promulgate the criteria by which an individual is deemed a licensed veterinary technician or a non-licensed assistant. Any rules that allow individuals to become licensed without a formal degree in veterinary technology shall have an end date to be determined by the subsidiary board subject to approval by the board. Any such rule shall include consideration of experience, education, and examination.

Section 54C. (a) The rules created by the subsidiary board and approved by the board shall not apply to individual veterinary technicians or veterinary assistants who are working:

(1) as a research institution as defined in section 136A of chapter 140; or

(2) with special cases, including veterinary technicians or veterinary assistants working with zoos and aquaria, diagnostic facilities, licensed wildlife rehabilitation facilities and other such special cases as the subsidiary board shall identify.

Section 54D. Only those individuals who are licensed may utilize the title of veterinary technician. Regardless of job description and duties, anyone who does not hold a valid license to practice veterinary technology in the commonwealth, yet who functions in a similar capacity of supporting the overall care of veterinary patients, shall be referred to as a veterinary assistant. Any individual or veterinary practice who is found to be inappropriately using the title veterinary technician may be subject to fines as established by the board.

SECTION 4. Notwithstanding the provisions of section 26A of chapter 13 to the contrary, until the effective date of regulations establishing the criteria for licensed veterinary technicians, the veterinary technicians appointed to the subsidiary board for veterinary technology shall be Massachusetts Veterinary Technician Association Certified Veterinary Technicians.

SECTION 5. During the initial two years, rules and procedures for veterinary technician licensure will be established by the subsidiary board subject to approval by the board of registration of veterinary medicine. After those rules are established, each veterinary technician member shall be a Massachusetts licensed veterinary technician.

SECTION 6. This Act shall take effect upon its passage.