Section 12-315-104 - [Effective 8/7/2024] DefinitionsAs used in this article 315, unless the context otherwise requires:
(1) "Animal" means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.(1.5) "Animal shelter" has the meaning set forth in section 35-80-102.(2) "Artificial insemination" means the collection of semen and the fertilization of, or attempted fertilization of, the ova of the female animal by placing or implanting, by artificial means, in the genital tract of the female animal the semen obtained from the male animal that will subsequently be used, or attempted to be used, to impregnate the female.(3) "Board" means the state board of veterinary medicine created in section 12-315-106.(4) "Client" means the patient's owner, the owner's agent, or a person responsible for the patient.(5) "Complainant" means the board or any other person who initiates a proceeding.(5.5) "Delegation" or "delegate" means a licensed veterinarian's act of entrusting to an individual the authority to perform a task under the appropriate level of supervision by the licensed veterinarian after the licensed veterinarian has determined that the individual is competent to perform the task.(6) "Direct supervision" means the supervising licensed veterinarian is readily available on the premises where the patient is being treated and is able to supervise the tasks that have been delegated to an individual.(7) "Dispense" means to provide a drug or device, other than by distribution, bearing a label stating the name of the veterinarian, the date dispensed, directions for use, all cautionary statements, withdrawal time, if appropriate, the identity of the animal, and the owner's name.(8) "Distribute" or "distribution" means to provide a drug or device in the manufacturer's original package to the client-patient.(9) "Hearing" means any proceeding initiated before the board in which the legal rights, duties, privileges, or immunities of a specific party or parties are determined.(10) "Immediate supervision" means the supervising licensed veterinarian is physically in the immediate area on the premises and within audible or visual range of the patient and the individual performing the tasks that have been delegated by the licensed veterinarian.(10.5) "Indirect supervision" means the supervising licensed veterinarian need not be on the veterinary premises but:(a) Provides either written or verbal instructions for the tasks that have been delegated to an individual; and(b) Is readily available for communication.(11) "Licensed veterinarian" means a person licensed pursuant to this part 1.(12) "Ova transplantation" means a technique by which fertilized embryos are collected from a donor female and transferred to a recipient female that serves as a surrogate mother for the remainder of the pregnancy.(13) "Patient" means any animal or group of animals that is examined or treated by a licensed veterinarian and includes herds, flocks, litters, and other groups of animals.(14) "Practice of veterinary medicine" means any of the following:(a) The diagnosing, treating, correcting, changing, relieving, or preventing of animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for artificial insemination, for ova transplantation, for testing for pregnancy, or for correcting sterility or infertility or to render advice or recommendation with regard thereto;(b) The representation, directly or indirectly, publicly or privately, of an ability and willingness to do an act described in subsection (14)(a) of this section;(c) The use of any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that a person using them is qualified to do any act described in subsection (14)(a) of this section;(d) The application of principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control, and disaster medicine as applied to an act described in subsection (14)(a) of this section.(15) "Rule" means any regulation, standard, or statement of policy adopted by the board to implement, interpret, or clarify the law that it enforces and administers and that governs its duties, functions, organization, and procedure.(16) "School of veterinary medicine" means any veterinary school or department of a legally organized college or university whose course of study in the art and science of veterinary medicine has been approved by the board.(16.3) "Supervising licensed veterinarian" means a licensed veterinarian in the state who delegates and assumes responsibility for the veterinary care provided to a patient by an individual employed at the same physical practice location and working out of the same physical premises as the licensed veterinarian and working under an appropriate level of supervision by the licensed veterinarian.(16.5)(a) "Supervision" means a licensed veterinarian's oversight and monitoring of another individual's assistance in the treatment of animals as part of the veterinarian's practice of veterinary medicine.(b) "Supervision" includes: (II) Immediate supervision; and(III) Indirect supervision.(17) "Unprofessional or unethical conduct" includes, but is not limited to, conduct of a character likely to deceive or defraud the public; false or misleading advertising; obtaining any fee or compensation by fraud or misrepresentation; sharing office space with any person illegally practicing veterinary medicine; employing either indirectly or directly any unlicensed person to practice veterinary medicine or to render any veterinary services except as provided in this article 315; or the violation of any rules adopted by the board that provide a code of professional ethics to be followed and carried out by persons licensed under this article 315.(18) "Veterinarian" means a person who has received a doctor's degree in veterinary medicine, or its equivalent, from a school of veterinary medicine.(19)(a) "Veterinarian-client-patient relationship" means the relationship established when: (I) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the owner, owner's agent, or authorized caretaker has agreed to follow the instruction of the veterinarian;(II) There is sufficient knowledge of an animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an in-person, physical examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and(III) The practicing veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen.(b) A veterinarian-client-patient relationship established according to subsection (19)(a) of this section may extend to other licensed veterinarians working out of the same physical practice location as the veterinarian who established the veterinarian-client-patient relationship if the other licensed veterinarians have access to and have reviewed the patient's medical records.(20) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of animal medicine.(21) "Veterinary premises" or "premises" means a veterinary office, hospital, clinic, building, mobile unit, facility, or other location where veterinary medical services are provided by or under the direction and supervision of a licensed veterinarian.(21.5) "Veterinary professional" means a veterinarian licensed pursuant to this part 1 or a veterinary technician or veterinary technician specialist registered pursuant to part 2 of this article 315. (22) "Veterinary student" is a veterinary medical student who is enrolled in a school of veterinary medicine.(23) "Veterinary student preceptor" is a veterinary medical student enrolled in a preceptor program in a school of veterinary medicine.(24) "Veterinary technician" means a veterinary technician registered pursuant to part 2 of this article 315.(25) "Veterinary technician credentialing organization" or "credentialing organization" means:(a) A veterinary technician credentialing organization approved by the board pursuant to section 12-315-201 to credential veterinary technicians in this state; or(b) The board if, pursuant to section 12-315-201 (2), no credentialing organization is approved.(26) "Veterinary technician specialist" means a veterinary technician who has been awarded designation from: (a) An academy recognized by the National Association of Veterinary Technicians in America's committee of veterinary technician specialities or its successor organization, which organization is a recognized veterinary technician specialist organization; or(b) A nationally recognized veterinary technician specialist organization approved by the board pursuant to section 12-315-201 (1)(c).Amended by 2024 Ch. 110,§ 1, eff. 8/7/2024.Amended by 2024 Ch. 36,§ 2, eff. 8/7/2024.Amended by 2022 Ch. 442, § 8, eff. 8/10/2022.Renumbered from C.R.S. § 12-64-103 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Amended by 2013 Ch. 321, § 1, eff. 5/28/2013.L. 67: R&RE, pp. 357, 571, §§ 1, 1. C.R.S. 1963: § 145-1-3. L. 73: p. 1509, § 2. L. 79: Entire section R&RE, p. 583, § 2, effective June 15. L. 91: (2) and (8) amended and (5.1), (5.2), (9.5), (15.5), and (20) added, p. 1467, § 1, effective July 1. L. 2007: (9) amended, p. 1588, § 1, effective July 1. L. 2011: (4.3), (4.5), (6.5), and (9.7) added and (5), (7), (9), (15.5)(c), (17), and (20) amended, (SB 11 -091), ch. 207, p. 891, § 11, effective July 1. L. 2013: (17) amended, (HB 13-1311), ch. 321, p. 1740, § 1, effective May 28.This section is similar to former § 12-64-103 as it existed prior to 2019.
2024 Ch. 110, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2024 Ch. 36, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3).This section is set out more than once due to postponed, multiple, or conflicting amendments.