12-64-105. Board of veterinary medicine.

(1) A state board of veterinary medicine shall be appointed by the governor. The board shall consist of seven members, and each member shall be appointed for a term of four years. Members of the board shall be appointed by the governor from qualified persons as set forth in subsection (2) of this section. Vacancies because of death, resignation, or removal shall be filled for the balance of the unexpired term or until a successor is appointed. No person shall serve more than two consecutive four-year terms. A person appointed to serve out the balance of an unexpired term may be reappointed for an additional consecutive four-year term.

(2) A person is qualified to serve as a member of the board if such person is a graduate of a school of veterinary medicine and a resident of this state and has been licensed to practice veterinary medicine in this state for the five years preceding the time of such person's appointment; except that there shall always be two members on the board who are consumers of services provided by a licensed veterinarian and five members of the board who shall be licensed and practicing veterinarians in Colorado.

(3) Repealed.

(4) (Deleted by amendment, L. 91, p. 1469, § 3, effective July 1, 1991.)

(5) The governor may remove any member of the board for misconduct, incompetence, or neglect of duty or other sufficient cause after notice and administrative hearing as provided in sections 24-4-105 and 24-4-106, C.R.S.

(6) The board shall meet at least once each quarter during the year at a time and place fixed by the board. Other meetings may be called from time to time by the president of the board. Except as otherwise provided, a majority of the board constitutes a quorum. Meetings shall be conducted as provided in article 6 of title 24, C.R.S.

(7) (Deleted by amendment, L. 91, p. 1469, § 3, effective July 1, 1991.)

(8) All moneys collected or received by the board, except as provided in section 12-64-111 (4), shall be transmitted to the state treasurer, who shall credit the same pursuant to section 24-34-105, C.R.S., and the general assembly shall make annual appropriations pursuant to said section for the expenditures of the board incurred in the performance of its duties under this article, which expenditures shall be made from such appropriations upon vouchers and warrants drawn pursuant to law.

(9) The board has the power to:

(a) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in this state;

(b) Issue, renew, deny, suspend, or revoke licenses to practice veterinary medicine in the state or otherwise discipline or fine, or both, licensees consistent with the provisions of this article and the rules and regulations adopted under this article;

(c) Regulate artificial insemination and ova transplantation of cattle or other animal species by establishing rules and regulations for standards of practice, including rules relating to methods and procedures for safe artificial insemination and ova transplantation;

(d) Establish, pursuant to section 24-34-105, C.R.S., and publish annually a schedule of fees for licensing and registration of veterinarians and artificial inseminators. The fee shall be based on the board's anticipated financial requirements for the year.

(e) (I) Conduct investigations;

(II) Administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing, investigation, accusation, or other matter coming before the board. The board may appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and to make findings and report them to the board pursuant to paragraph (f) of this subsection (9).

(III) Upon failure of any witness to comply with such subpoena or process, the district court of the county in which the subpoenaed person or licensee resides or conducts business, upon application by the board or director with notice to the subpoenaed person or licensee, may issue to the person or licensee an order requiring that person or licensee to appear before the director; to produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.

(f) Hold hearings on all matters properly brought before the board. An administrative law judge may conduct all hearings for denying, suspending, or revoking a license or for any other similar matter properly brought before the board and assigned by the board to the administrative law judge, subject to appropriations made to the department of personnel. An administrative law judge shall be appointed pursuant to part 10 of article 30 of title 24, C.R.S. Disciplinary and punitive actions of the board shall be made public.

(g) (Deleted by amendment, L. 91, p. 1469, § 3, effective July 1, 1991.)

(h) 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;

(i) Bring proceedings in the courts for the enforcement of this article or any regulations made by the board;

(j) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry into effect the provisions of this article;

(k) (Deleted by amendment, L. 91, p. 1469, § 3, effective July 1, 1991.)

(l) Issue a cease-and-desist order.

(10) The board may, at any time, inspect veterinary premises to assure that they are clean and sanitary.

(11) 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 to accomplish this objective.

(12) (Deleted by amendment, L. 91, p. 1469, § 3, effective July 1, 1991.)

(13) The board shall, pursuant to section 12-41-125 (2) (b) (II), consult with the director of the division of registrations in the department of regulatory agencies concerning rules that the director intends to adopt with regard to physical therapy of animals.

Source: L. 67: R&RE, pp. 359, 571, §§ 1, 1. C.R.S. 1963: § 145-1-5. L. 73: pp. 1378, 1511-1513, §§ 46, 4-6. L. 76: (9)(f) R&RE, p. 582, § 11, effective May 24; (12) added, p. 582, § 35, effective July 1. L. 78: (9)(f) amended, p. 260, § 37, effective June 15. L. 79: (2), (3), (8), (9)(b), (9)(c), (9)(d), (9)(f), (9)(g), (9)(h), and (10) amended, and (4), (7), and (9)(e) R&RE, pp. 586, 587, §§ 4, 5, effective June 15; (3) repealed, p. 912, § 16, and (7)(e) amended, p. 440, § 26, effective July 1; (8) amended, p. 1659, § 115, effective July 19. L. 80: (4) amended, p. 794, § 46, effective June 5. L. 83: (6) and (7)(a) amended, p. 595, § 1, effective July 1. L. 87: (9)(f) amended, p. 952, § 54, effective March 13; (1) amended, p. 905, § 10, effective June 15. L. 91: (2), (4), (5), (7), (9)(b), (9)(c), (9)(e), (9)(g), (9)(k), and (12) amended and (9)(l) added, p. 1469, § 3, effective July 1. L. 95: (9)(f) amended, p. 638, § 23, effective July 1. L. 2001: (1), (2), and (9)(l) amended, p. 475, § 1, effective July 1. L. 2004: (8) and (9)(e) amended, p. 1857, § 116, effective August 4. L. 2006: (9)(l) amended, p. 818, § 42, effective July 1. L. 2007: (13) added, p. 1589, § 3, effective July 1.

Editor's note: Amendments to subsection (7) and (7)(e) by Senate Bill 79-293 and House Bill 79-1338 were harmonized.

C.J.S. See 70 C.J.S., Physicians, Surgeons, and Other Health-Care Providers, §§ 30-37.