24.225.301    DEFINITIONS

(1) "Animal" means any member of the animal kingdom other than humans, whether living or dead.

(2) "Approved euthanasia and restraint drugs" means those substances as defined in 37-18-602, MCA, and ARM 24.225.930 which are approved by the board for euthanizing animals under subchapter 9 of these rules.

(3) "Attorney-in-fact" means the individual given power of attorney by a certified euthanasia agency as designated on the agency's DEA permit application.

(4) "Drug Enforcement Administration" or "DEA" means the United States Department of Justice agency responsible for enforcing narcotics laws.

(5) "Emergency" means any instance in which an animal has a condition that threatens its life and immediate treatment is required to sustain life.

(6) "Encounter" means an in-person visit, telephone conversation, or any telehealth interactions between the licensee and a client.

(7) "For remuneration or hire" means direct or indirect payment for the services rendered. This includes not only monetary payments but also payment by giving or receiving of material goods or services.

(8) "LVT" means a licensed veterinary technician under Title 37, chapter 18, MCA.

(9) "Occasional case" means the practice of veterinary medicine in this state no more than three days in any calendar year by a veterinarian actively licensed and in good standing in another state or jurisdiction who is supervised by a veterinarian licensed in this state. As per 37-18-104, MCA, veterinarians meeting this definition are exempt from licensing requirements.

(10) "Patient" means any animal or group of animals receiving veterinary care from a licensee.

(11) "Support personnel" means any unlicensed person employed by a licensed veterinarian who assists a licensed veterinarian in the practice of veterinary medicine. 

(12) "Veterinarian/client/patient relationship" or "VCPR" exists when:

(a) both the veterinarian and client acknowledge the veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal(s) and the need for medical treatment, and the client has agreed to allow the veterinarian to assume that responsibility;

(b) the veterinarian has sufficient knowledge of the animal(s) to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by:

(i) virtue of a physical examination of the animal(s); or

(ii) medically appropriate and timely visits to the premises where the animal(s) are kept; and

(c) the veterinarian is available for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen or the veterinarian has made reasonable arrangements for follow-up care.

 

History: 37-18-202, 37-18-603, 37-18-701, MCA; IMP, 37-18-102, 37-18-104, 37-18-603, 37-18-701, MCA; NEW, Eff. 5/5/77; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 MAR p. 464, Eff. 2/13/98; AMD, 1999 MAR p. 411, Eff. 3/12/99; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 766, Eff. 3/24/06; AMD, 2018 MAR p. 1281, Eff. 7/7/18; AMD, 2020 MAR p. 1633, Eff. 8/29/20; AMD, 2022 MAR p. 1742, Eff. 9/10/22; AMD, 2024 MAR p. 84, Eff. 1/13/24.