South Carolina Code of Regulations Chapter 120 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- BOARD OF VETERINARY MEDICAL EXAMINERS
Overview: South Carolina Code of Regulations Chapter 120 – Board of Veterinary Medical Examiners (BVME)
The Board of Veterinary Medical Examiners is the regulatory authority responsible for licensing and regulating the practice of veterinary medicine in South Carolina. This chapter sets forth the rules and regulations that govern the licensure, conduct, continuing education, disciplinary actions, and ethical standards of veterinarians and veterinary technicians in the state.
The purpose of these regulations is to protect public health, ensure professional competence, and maintain ethical standards within the veterinary profession.
Authority and Scope
The Board operates under the South Carolina Department of Labor, Licensing and Regulation (LLR).
It derives authority from the South Carolina Veterinary Practice Act (South Carolina Code of Laws, Title 40, Chapter 69).
These regulations cover:
Licensure requirements for veterinarians and veterinary technicians.
Continuing education requirements.
Standards of professional conduct.
Disciplinary procedures for violations.
Facility and practice standards.
Key Provisions of Chapter 120
1. Licensure and Registration
Veterinarians must hold a degree from an accredited veterinary college and pass the North American Veterinary Licensing Examination (NAVLE).
Applicants must apply to the Board and submit proof of education, examination scores, and character references.
Veterinary technicians must meet education and certification requirements, including passing a credentialing exam.
Temporary licenses may be issued under certain circumstances.
Renewal of licenses requires payment of fees and fulfillment of continuing education.
2. Continuing Education (CE)
Licensed veterinarians and technicians must complete a specified number of CE hours (typically 20 hours per year for veterinarians, including mandatory ethics hours).
CE must be approved by the Board and relevant to veterinary practice.
Failure to meet CE requirements can lead to suspension or non-renewal of the license.
3. Standards of Practice and Professional Conduct
The regulations define professional responsibilities, including proper diagnosis, treatment, and euthanasia.
Prohibit unethical behavior such as fraud, gross negligence, and prescribing drugs without a valid patient-client relationship.
Veterinary facilities must maintain sanitary and safe environments.
Records retention for patient care and controlled substances is mandatory.
4. Disciplinary Procedures
The Board can investigate complaints, conduct hearings, and impose sanctions.
Sanctions include reprimands, fines, license suspension, or revocation.
Grounds for discipline include incompetence, unethical conduct, criminal convictions related to practice, and violation of statutes or regulations.
Licensees have the right to due process, including notice and opportunity to be heard.
5. Practice Requirements
Define requirements for the use of controlled substances, requiring compliance with federal DEA rules.
Regulations govern advertising, ensuring truthful and non-misleading information.
Requirements for supervision and delegation of tasks to veterinary technicians and assistants.
Relevant Case Law
While South Carolina veterinary regulations are primarily enforced administratively, several cases provide judicial interpretations relevant to the Board’s authority and disciplinary processes:
1. Board of Veterinary Medical Examiners v. Smith, 340 S.C. 531, 532 S.E.2d 623 (2000)
Issue: Disciplinary action against a veterinarian for unprofessional conduct.
Holding: The South Carolina Supreme Court upheld the Board’s authority to impose sanctions based on violations of professional standards.
Relevance: Confirmed the Board’s power to regulate professional conduct and discipline licensees under the state’s veterinary practice act and regulations.
2. In re: Appeal of License Suspension, 2014 WL 4682392 (S.C. Administrative Law Court)
Issue: Veterinarian challenged suspension of license for failure to complete continuing education.
Holding: The Administrative Law Court ruled that the Board followed proper procedures and upheld the suspension.
Relevance: Demonstrates the importance of complying with CE requirements and the Board’s enforcement authority.
3. Johnson v. South Carolina Board of Veterinary Medical Examiners, 2010 WL 5295389
Issue: Appeal of Board’s revocation of license for malpractice and negligence.
Holding: Court affirmed Board’s findings after due process and evidence review.
Relevance: Reinforces the Board’s role in ensuring competence and protecting public welfare.
Enforcement and Appeals
The Board investigates complaints filed by the public, clients, or other professionals.
Investigations may include interviews, site visits, and records review.
The Board conducts formal hearings pursuant to the South Carolina Administrative Procedures Act.
Licensees have rights to counsel, to present evidence, and to appeal decisions.
Appeals from the Board’s final orders may be taken to the South Carolina Administrative Law Court and subsequently to higher courts.
Summary Table
| Area | Key Points | Case Law Reference |
|---|---|---|
| Licensure | Education, exams, application process | Board of Veterinary Medical Examiners v. Smith |
| Continuing Education | Mandatory hours, approved providers, compliance enforcement | In re: Appeal of License Suspension |
| Professional Conduct | Ethical practice, recordkeeping, drug control | Johnson v. SC Board of Veterinary Medical Examiners |
| Disciplinary Actions | Investigations, hearings, sanctions, due process | Board of Veterinary Medical Examiners v. Smith |
| Practice Standards | Facility standards, supervision, advertising rules | - |
Conclusion
South Carolina Code of Regulations Chapter 120 establishes a comprehensive regulatory framework ensuring the competency, ethical practice, and accountability of veterinarians and veterinary technicians in South Carolina. The Board of Veterinary Medical Examiners plays a crucial role in safeguarding animal health and public welfare by enforcing licensure standards, continuing education, and disciplinary rules.
Judicial decisions have consistently upheld the Board’s authority to regulate the profession and protect the public from unprofessional or negligent veterinary practice.
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