47-821. Powers of board.
(a) In general, but not by way of limitation, the board shall have power
to:
(1) Examine and determine the
qualifications and fitness of applicants for a license to practice veterinary
medicine in this state in accordance with K.S.A. 47-824 and 47-826, and amendments
thereto.
(2) Inspect and register any veterinary
premises pursuant to K.S.A. 47-840, and amendments thereto, and take any
disciplinary action against the holder of a registration of a premises issued
pursuant to K.S.A. 47-840, and amendments thereto.
(3) Issue, renew, deny, limit,
condition, fine, reprimand, restrict, suspend or revoke licenses to practice
veterinary medicine in this state or otherwise discipline licensed veterinarians
consistent with the provisions of this act and the rules and regulations
adopted thereunder.
(4) Conduct an investigation upon
an allegation by any person that any licensee or other veterinarian has violated
any provision of the Kansas veterinary practice act or any rules and regulations
adopted pursuant to such act. The board may appoint individuals and committees
to assist in any investigation.
(5) Establish and publish annually
a schedule of fees authorized pursuant to and in accordance with the provisions
of K.S.A. 47-822 and amendments thereto.
(6) Employ full time or part time
an executive director and such professional, clerical and special personnel
as shall be necessary to carry out the provisions of this act. The board
shall fix the compensation of such personnel who shall be in the unclassified
service under the Kansas civil service act. Under the supervision of the
board, the executive director shall perform such duties as may be required
by law or authorized by the board.
(7) Purchase or rent necessary
office space, equipment and supplies.
(8) Appoint from its own membership
one or more members to act as representatives of the board at any meeting
within or without the state where such representation is deemed desirable.
(9) Initiate the bringing of proceedings
in the courts for the enforcement of this act.
(10) Adopt, amend or repeal rules
and regulations for licensed veterinarians regarding the limits of activity
for assistants and registered veterinary technicians who perform prescribed
veterinary procedures under the direct or indirect supervision and responsibility
of a licensed veterinarian.
(11) Adopt, amend or repeal such
rules and regulations, not inconsistent with law, as may be necessary to
carry out the purposes of this act and enforce the provisions thereof.
(12) Have a common seal.
(13) Adopt, amend or repeal rules
and regulations to fix minimum standards for continuing veterinary medical
education, which standards shall be a condition precedent to the renewal
of a license under this act.
(14) Register veterinary technicians.
(15) Establish any committee necessary
to implement any provision of this act including, but not limited to, a continuing
education committee and a peer review committee. Such committees may be formed
in conjunction with professional veterinary associations in the state. Members
of such committees appointed by the board shall receive the same privileges
and immunities and be charged with the same responsibilities of activity
and confidentiality as board members.
(16) Refer complaints to a duly
formed peer review committee of a duly appointed professional association.
(17) Establish, by rules and regulations,
minimum standards for the practice of veterinary medicine.
(18) Contract with a person or
entity to perform the inspections or reinspections as required by K.S.A.
47-840.
(19) For the purpose of investigations
and proceedings conducted by the board, the board may issue subpoenas compelling
the attendance and testimony of veterinarians or the production for examination
or copying of documents or any other physical evidence if such evidence relates
to veterinary competence, unprofessional conduct, the mental or physical
ability of a licensee to safely practice veterinary medicine or the condition
of a veterinary premises. Within five days after the service of the subpoena
on any veterinarian requiring the production of any evidence in the veterinarian's
possession or under the veterinarian's control, such veterinarian may petition
the board to revoke, limit or modify the subpoena. The board shall revoke,
limit or modify such subpoena if in its opinion the evidence required does
not relate to practices which may be grounds for disciplinary action, is
not relevant to the charge which is the subject matter of the proceeding
or investigation, or does not describe with sufficient particularity the
physical evidence which is required to be produced. The district court, upon
application by the board or by the veterinarian subpoenaed, shall have jurisdiction
to issue an order:
(A) Requiring such veterinarian
to appear before the board or the board's duly authorized agent to produce
evidence relating to the matter under investigation; or
(B) revoking, limiting or modifying
the subpoena if in the court's opinion the evidence demanded does not relate
to practices which may be grounds for disciplinary action, is not relevant
to the charge which is the subject matter of the hearing or investigation
or does not describe with sufficient particularity the evidence which is
required to be produced.
(b) The powers of the board are
granted to enable the board to effectively supervise the practice of veterinary
medicine and are to be construed liberally in order to accomplish such objective.
History: L. 1969, ch. 261, §
8; L. 1980, ch. 155, § 6; L. 1987, ch. 201, § 1; L. 1993, ch. 129,
§ 8; L. 1999, ch. 25, § 5; July 1.