47-840. Registration of veterinary premises; application; inspections; renewals. (a) Any person who owns or operates any veterinary premises as defined by subsection (k) of K.S.A. 47-816 and amendments thereto, shall be registered by the board.
(b) Any premises shall be inspected and registered by the board prior to the opening of such premises. Any existing premises changing ownership on or after the effective date of this act shall be inspected and registered by the board within 60 days of such change of ownership. Upon receipt of the application for registration and payment of the application fee and inspection fee, as established in K.S.A. 47-822, and amendments thereto, the board shall cause such premises to be inspected by an authorized agent of the board. The registration of the premises shall be issued if the premises meet minimum standards established by board rules and regulations as to sanitary conditions and physical plant. In lieu of the above procedure, the board may register a premises which is accredited by a recognized organization whose standards are found by the board to meet or to exceed the minimum standards as established by board rules and regulations.
(c) Each application for a registration of the veterinary premises shall set forth the name of the licensed veterinarian who will be responsible for the operation and management of the premises and shall be accompanied by the fee established pursuant to subsection (g) of K.S.A. 47-822 and amendments thereto. The registration shall not be issued unless a licensed veterinarian is so named in the application. The application may be denied if disciplinary action has been taken by the board against the veterinarian's license. The registrant shall notify the board within 30 days of any change in the licensed veterinarian who is responsible for the operation and management of the veterinary premises.
(d) The board shall deny any application for a registration of the premises when the inspection reveals that the premises does not meet the minimum standards established by board rules and regulations or other provisions of this act; in which event the applicant shall pay the inspection fee for each additional reinspection required to determine whether or not the premises has been brought into compliance with the minimum standards and other provisions of this act.
(e) The board, after notice and hearing as provided for and conducted in accordance with the Kansas administrative procedure act, may revoke, suspend, place on probation, or take other disciplinary actions as authorized under this act, against the registrant if an inspection reveals that the premises does not meet the minimum standards established by board rules and regulations or that the premises is being operated or managed by any person other than a licensed veterinarian whose license is in good standing with the board.
(f) The board may cause a premises to be inspected or reinspected upon receipt of a written, signed complaint that such premises is not being operated, managed or maintained in accordance with the provisions of this section and upon a finding by the board that there is reason to believe the premises is not in compliance with the provisions of this act. Nothing contained herein shall be construed as preventing the board from conducting unannounced inspections of any premises without a finding of reasonable cause for the purpose of ascertaining whether or not such premises is in compliance with the provisions of this act.
(g) Application for and acceptance of a registration of the premises by an applicant shall be deemed as express consent for allowing the board or the board's authorized agent to conduct inspections to ensure compliance with this act or to investigate alleged complaints. All such inspections may be conducted with or without notice to the registrant. Inspections shall occur during normal business hours for the premises. Such consent and authority is to be clearly set forth in the application for registration and subscribed thereto by the applicant.
(h) All registrations shall expire annually and must be renewed by making application to the board and payment of the registration fee. Any renewal application which is submitted more than 30 days beyond the annual renewal date shall be assessed a penalty fee as established by board rules and regulations. In the event that application for renewal of registration has not been submitted within 30 days of its expiration date, and after notice by certified mail, return receipt requested, has been given to the registrant that the renewal application and fee is due, such registration of the premises shall automatically expire without a hearing and shall not be renewed unless a new registration application is submitted and the applicant pays the registration and inspection fees. Any such premises which has its registration automatically expired under this subsection must be reinspected prior to the issuance of a new registration.
(i) Each registrant shall have a policy which addresses emergency and after-hour veterinary services and shall inform each client of the policy. If the policy changes, the registrant shall notify clients of the new policy.
(j) Each registrant shall keep such registration conspicuously displayed in the premises for which it is issued.
(k) Inspections or reinspections required under this section shall not be conducted by members of the board.
History: L. 1993, ch. 129, § 19; L. 1999, ch. 25, § 13; July 1.