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VETERINARIANS ACT — 법갈피

영문법령 / VETERINARIANS ACT

VETERINARIANS ACT

법률일부개정시행 2024-01-30농림축산식품부 · 제20168호 · 공포 2024-01-30

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

희 The purpose of this Act is to contribute to the promotion of animal health and welfare, the development of the livestock industry and the improvement of public sanitation by prescribing necessary matters concerning functions of veterinarians and veterinary business. <Amended on Jan. 2, 2024>

[This Article Wholly Amended on Jan. 25, 2010]

Article 2(Definitions) #

The definitions of the terms used in this Act are as follows: <Amended on Mar. 23, 2013; Aug. 27, 2019>

1. The term "veterinarian" means a person in charge of veterinary business, who has obtained a license from the Minister of Agriculture, Food and Rural Affairs;

2. The term "animals" means cattle, horses, swine, sheep, rabbits, cats, birds, honeybees, aquatic animals and other animals prescribed by Presidential Decree;

3. The term "animal diagnostic and treatment business" means a business diagnosing and treating animals (including an autopsy of an animal; hereinafter the same shall apply) or preventing animal diseases;

3-2. The term "animal health technician" means a person who engages in the business of caring animals or assisting the treatment of animals in a veterinary hospital under the guidance of a veterinarian and is accredited by the Minister of Agriculture, Food and Rural Affairs;

4. The term "veterinary hospital" means a medical institution where animal diagnostic and treatment business is conducted, which has been reported under Article 17.

[This Article Wholly Amended on Jan. 25, 2010]

Article 3(Duties) #

The duties of a veterinarian is diagnosing and treating animals, improving animal health, and sanitary inspection of livestock products.

[This Article Wholly Amended on Jan. 25, 2010]

(Formulation of Comprehensive Plans for Promotion and Development of Veterinary Medical Care)

Article 12(Medical Certificates) #

(1) No veterinarian shall issue a medical certificate, death certificate, certificate or prescription (including prescriptions prepared in an electric document with a digital signature prescribed by the Digital Signature Act: hereinafter the same shall apply), and prescribe or administer animal drugs (hereinafter referred to as "animal drugs subject to prescription") under Article 85 (6) of the Pharmaceutical Affairs Act unless the veterinarian directly diagnoses and treats animals or conducts a postmortem examination: Provided, That where a veterinarian who has diagnosed and treated animals or conducted a postmortem examination is unable to issue a medical certificate, death certificate or certificate in extenuating circumstances, another veterinarian who works with the same veterinary hospital may issue such certificate in accordance with the medical records, etc. <Amended on Feb. 22, 2012; Aug. 27, 2019>

(2) A death certificate to be issued for an animal that has died during treatment under paragraph (1) may be issued by another veterinarian.

(3) When a veterinarian receives a request to issue a medical certificate, death certificate, certificate or prescription on an animal he or she has diagnosed and treated, or examined, he or she shall not refuse to issue such certificate without good cause. <Amended on Feb. 22, 2012>

(4) Forms of, items to be mentioned in and other matters necessary for medical certificates, death certificates, certificates or prescriptions under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Feb. 22, 2012; Mar. 23, 2013>

(5) Notwithstanding paragraph (1), a full-time veterinarian employed by a factory farm reported to the Minister of Agriculture, Food and Rural Affairs and a full-time veterinarian employed by a zoo or an aquarium permitted pursuant to Article 8 or the Act on the Management of Zoos and Aquariums may issue prescriptions of animal drugs subject to prescription for the purpose of administering animal drugs to animals in the relevant farm, zoo, or aquarium. In such cases, the scope of full-time veterinarians, methods for reporting, methods for the issuance and preservation of prescriptions, preparation and reporting of medical records, education, matters to be observed, and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Feb. 22, 2012; Mar. 23, 2013; Aug. 27, 2019; May 19, 2020; Dec. 13, 2022>

[This Article Wholly Amended on Jan. 25, 2010]

Article 12-2(Issuance of Prescriptions of Animal Drugs Subject to Prescription) #

(1) A veterinarian (including a full-time veterinarian employed by a factory farm, zoo, or aquarium under Article 12 (5): hereafter in paragraph (2) the same shall apply) shall, if necessary to administer animal drugs subject to prescription to animals, issue a prescription. <Amended on Aug. 27, 2019; May 19, 2020>

(2) Where a veterinarian issues a prescription under paragraph (1), he or she shall issue the prescription through the veterinary prescription management system under Article 12-3 (1) (hereinafter referred to as the "veterinary prescription management system"): Provided, That where a veterinarian is unable to issue a prescription through the veterinary prescription management system due to computer failure, business trip or other unavoidable causes prescribed by Presidential Decree, he or she shall issue the prescription by the methods prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs and register the prescription with the veterinary prescription management system within three days from the date on which the unavoidable cause disappears. <Newly Inserted on Aug. 27, 2019>

(3) Notwithstanding paragraph (1), where a veterinarian himself or herself directly prescribes, compounds and administers an animal drug subject to prescription, he or she need not issue a prescription under paragraph (1). In such cases, he or she shall put the matters prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, such as the name, usage, dosage, etc. of the animal drug subject to prescription in the veterinary prescription management system. <Amended on Aug. 27, 2019>

(4) Forms and descriptions of prescriptions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013; Aug. 27, 2019>

(5) When a person who compounds and sells animal drugs subject to prescription inquires of a veterinarian who has issued a prescription pursuant to paragraph (1) about the name, usage, dosage, etc. of animal drugs indicated in the prescription, the veterinarian shall immediately respond to such inquiry: Provided, That this shall not apply in any of the following cases: <Amended on Aug. 27, 2019; Feb. 11, 2020>

1. Where the veterinarian diagnoses and treats an animal that requires first-aid treatment;

2. Where the veterinarian conducts an operation on or treats an animal;

3. Where there is good cause that does not allow the veterinarian to respond to the inquiry.

[This Article Newly Inserted on Feb. 22, 2012]

[Title Amended on Aug. 27, 2019]

Article 16-2(Qualifications of Animal Health Technicians) #

(1) A person who intends to become an animal health technician shall fall into any of the following persons and obtain accreditation from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs after passing an animal health technicians' qualification examination: <Amended on Jan. 30, 2024>

1. A person who has graduated from an animal care-related department at a junior college under subparagraph 4 of Article 2 of the Higher Education Act which has obtained accreditation (referring to accreditation under Article 16-4 (1); hereafter the same shall apply in this Article) from the Minister of Agriculture, Food and Rural Affairs or a school of the same or higher level (including persons expected to graduate within six months from the date of applying for an animal heath technicians' qualification examination);

2. A person who has graduated from a high school under Article 2 of the Elementary and Secondary Education Act or a person recognized to have an academic career equivalent thereto according to the statutes pertaining to elementary and secondary education (hereinafter referred to as "person recognized to have an academic career at least equal to that of a high school graduate) who has engaged in animal care-related business prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs for at least one year after completing an animal care-related educational course equivalent to the educational courses of high school in a lifelong education institution under subparagraph 2 of Article 2 of the Lifelong Education Act which is accredited by the Minister of Agriculture, Food and Rural Affairs;

3. A person who holds a foreign animal care-related license or qualification the Minister of Agriculture, Food and Rural Affairs recognizes.

(2) Notwithstanding paragraph (1), a person who has enrolled in a school which has obtained an accreditation at the time of admission, and who has graduated by taking courses and credits related to animal care as determined and publicly notified by the Minister for Agriculture, Food and Rural Affairs, shall be deemed to fall under subparagraph 1 of the same paragraph. <Newly Inserted on Jan. 30, 2024>

[This Article Newly Inserted on Aug. 27, 2019]

Article 17-3(Installation and Operation of Radiation Emitting Apparatus for Diagnosis of Animals) #

(1) A person who has opened a veterinary hospital and intends to install and operate a radiation emitting apparatus to diagnose animals (hereinafter referred to as "radiation emitting apparatus for diagnosis of animals") shall report the installation to the head of the competent Si/Gun, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In such cases, the head of the Si/Gun shall review the details thereof and if it is in compliance with this Act, accept the report. <Amended on Mar. 23, 2013; Aug. 27, 2019>

(2) When installing and operating a radiation emitting apparatus for diagnosis of animals, a person who has opened a veterinary hospital shall observe the following matters: <Amended on Mar. 23, 2013; Jan. 20, 2015>

1. A person responsible for safety management shall be appointed, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

2. Where a person responsible for safety management under subparagraph 1 requests a matter required for the conduct of duty, the person who has opened a veterinary hospital shall take immediate measures unless he or she has good cause;

3. Where a person responsible for safety management fails to conduct the duty of safety management conscientiously, the person shall be dismissed from the position without delay and any other employee shall be appointed to the position;

4. Other matters concerning safety management prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.

(3) Where a person who has opened a veterinary hospital installs a radiation emitting apparatus for diagnosis of animals, he or she shall undergo regular inspections and measurement at a testing institution or measurement institution designated by the Minister of Agriculture, Food and Rural Affairs under Article 17-5 (1), and manage the exposure to radiation of employees involved with radiation. <Amended on Mar. 23, 2013; Jan. 20, 2015>

(4) Necessary matters concerning the scope of, reporting on, inspection and measurement of, and management of the exposure to radiation from, a radiation emitting apparatus for diagnosis of animals under paragraphs (1) and (3) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Amended on Mar. 23, 2013>

[This Article Newly Inserted on Jan. 25, 2010]

Article 17-5(Designation of Testing or Measurement Institutions) #

(1) The Minister of Agriculture, Food and Rural Affairs may designate institutions meeting the specific requirements prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs for testing apparatuses as a testing institution or measurement institution for radiation emitting apparatuses for diagnosis of animals (hereinafter referred to as "testing or measurement institution").

(2) Where a testing or measurement institution under paragraph (1) falls under any of the following cases, the Minister of Agriculture, Food and Rural Affairs may cancel the designation or order the suspension of business operations for a period not longer than six months: Provided, That where falling under subparagraphs 1 through 3, the designation must be canceled:

1. Where a testing or measurement institution obtains such designation by fraud or other improper methods;

2. Where a testing or measurement institution issues a false certificate of records on testing, etc. of radiation emitting apparatuses, etc. for diagnosis of animals intentionally or by gross negligence;

3. Where a testing or measurement institution provides testing or measurement services during the period of suspension of business operations;

4. Where a testing or measurement institution falls short of the standards for designation of testing or measurement institutions prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

5. Where a testing or measurement institution violates regulations for testing or measurement services publicly notified by the Minister of Agriculture, Food and Rural Affairs.

(3) Matters concerning procedures for the designation of testing or measurement institutions under paragraph (1), cancellation of designation and suspension of business operations under paragraph (2) shall be prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs.

(4) Where the head of a testing or measurement institution intends to suspend or discontinue operations of the testing and measurement business, he or she shall report it to the Minister of Agriculture, Food and Rural Affairs, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. <Newly Inserted on Aug. 27, 2019>

[This Article Newly Inserted on Jan. 20, 2015]

Article 32(Revocation of License and Suspension of Validity of License) #

(1) Where a veterinarian falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs may revoke his or her license: Provided, That where he or she falls under subparagraph 1, the Minister of Agriculture, Food and Rural Affairs shall revoke his or her license: <Amended on Mar. 23, 2013>

1. Where he or she falls under any of the subparagraphs of Article 5;

2. Where he or she conducts veterinary business while the validity of his or her license is suspended under paragraph (2) or has been subjected to the disposition of suspension of the validity of his or her license not less than three times during the period prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs;

3. Where he or she lends his or her license to another person, in violation of Article 6 (2).

(2) Where a veterinarian falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs may suspend the validity of his or her license for a specified period not exceeding one year, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs. In such cases, he or she shall decide on matters that require judgment on diagnosis and treatment techniques based on the opinions of the relevant experts: <Amended on Mar. 23, 2013; Jan. 23, 2024>

1. Where he or she issues a medical certificate, death certificate, certificate or prescription by fraud or other improper means;

2. Where he or she charges a fee for diagnosis and treatment in an unlawful manner, such as forging or altering the relevant documents, etc.;

3. Where he or she violates an order under Article 30 (1) without good cause;

4. Where he or she conducts diagnosis and treatment which are not approved by clinical veterinary science;

5. Where he or she falsely announces the conferment of a degree;

6. Where he or she does any act prescribed by Presidential Decree, such as over treatment or other acts related to the operation of a veterinary hospital;

7. Where he or she does an act as prescribed by Presidential Decree as impairing his or her dignity as a veterinarian.

(3) Where a person whose license has been revoked pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Agriculture, Food and Rural Affairs may reissue his or her license: <Amended on Mar. 23, 2013>

1. Where a license has been revoked for any reason referred to in paragraph (1) 1, when the reason that has caused such revocation ceases to exist;

2. Where a license has been revoked for any reason referred to in paragraph (1) 2 and 3, when two years have passed after the license was revoked.

(4) Where a person who has opened a veterinary hospital has been subjected to the disposition of suspension of the validity of his or her license pursuant to paragraph (2) 1 or 2, the relevant veterinary hospital shall not conduct animal diagnostic and treatment business during the period of suspension of the validity of his or her license.

[This Article Wholly Amended on Jan. 25, 2010]

Article 41(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:

1. A person who refuses a request for diagnosis and treatment of an animal without good cause in violation of Article 11;

2. A person who engages in animal diagnostic and treatment business without having opened a veterinary hospital in violation of Article 17 (1);

3. A person who uses special medical equipment for diagnosis of animals disapproved in violation of Article 17-4 (4).

(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jul. 25, 2011; Feb. 22, 2012; Jul. 30, 2013; Jan. 20, 2015; Aug. 27, 2019; Jan. 4, 2022>

1. A person who issues a medical certificate, death certificate, certificate or prescription by false or other unjust methods in violation of Article 12 (1);

1-2. A person who prescribes or administers animal drugs subject to prescription without directly diagnosing and treating an animal in violation of Article 12 (1);

1-3. A person who refuses to issue a medical certificate, death certificate, certificate or prescription without good cause in violation of Article 12 (3);

1-4. A veterinarian who issues a prescription without a report in violation of Article 12 (5);

1-5. A person who fails to issue a prescription in violation of Article 12-2 (1);

1-6. A person who issues a prescription without undergoing the veterinary prescription management system in violation of the main sentence of Article 12-2 (2);

1-7. A person who fails to register prescriptions with the veterinary prescription management system within three days after the unavoidable cause disappears in violation of the proviso of Article 12-2 (2);

1-8. A person who fails to put the name, usage, dosage, etc. of animal drugs subject to prescription in the veterinary prescription management system or falsely puts them in the system in violation of the latter part of Article 12-2 (3);

2. A person who fails to have medical records or autopsy records or to record matters diagnosed and treated or examined, or records such matters falsely, in violation of Article 13;

2. A person who fails to provide an explanation or obtain written consent from the animal owner, etc., in violation of Article 13-2;

2-3. A person who fails to file a report under Article 14 (including cases where Article 14 applies mutatis mutandis under Article 16-6);

3. A person who has opened a veterinary hospital fails to manage the veterinary hospital or to appoint a manager of the veterinary hospital in violation of Article 17-2;

4. A person who installs and operates a radiation emitting apparatus for diagnosis of animals without reporting under the former part of Article 17-3 (1);

4-2. A person who violates the matters to be observed in Article 17-3 (2);

5. A person who fails to undergo regular inspections and measurement, or to manage the exposure to radiation of employees involved with radiation pursuant to Article 17-3 (3);

6. A person who fails to report the business suspension or closure of a veterinary hospital in violation of Article 18;

6-2. A person who fails to notify the expected medical expenses, etc. for a major diagnosis and treatment such as an operation in violation of Article 19;

6-3. A person who collects fees in excess of the amount publicly notified or posted in violation of Article 20-2 (3);

6-4. A person who fails to comply with a request for submission of data under Article 20-4 (2) without good cause or submits false data;

6-5. A person who fails to submit a report in violation of Article 22-3 (3);

7. A person who violates an order to restrict or prohibit the use, or fails to comply with a corrective order under Article 30 (2);

7-2. A person who fails to comply with corrective order under Articles 30 (3);

8. A person who fails to submit a report or submits a false report, or refuses, interferes with or evades the inspection of a relevant public official under Article 31 (2);

9. A person who fails to receive training and education under Article 34 (including cases where Article 34 applies mutatis mutandis under Article 16-6) without good cause.

(3) The Minister of Agriculture, Food and Rural Affairs, a Mayor/Do Governor or the head of a Si/Gun shall impose and collect administrative fines under paragraph (1) or (2), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Jan. 25, 2010]

VETERINARIANS ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Duties) #

(Formulation of Comprehensive Plans for Promotion and Development of Veterinary Medical Care)

Article 4(Licenses) #

Article 5(Grounds for Disqualification) #

Article 6(Registration of Licenses) #

Article 7 #

Article 8(National Examination for Veterinarians) #

Article 9(Qualifications for Examination) #

Article 9-2(Cheating by Examinees) #

Article 10(Prohibition on Unlicensed Diagnosis and Treatment) #

Article 11(Prohibition on Refusal of Diagnosis and Treatment) #

Article 12(Medical Certificates) #

Article 12-2(Issuance of Prescriptions of Animal Drugs Subject to Prescription) #

Article 12-3(Construction and Operation of Veterinary Prescription Management System) #

Article 13(Medical Records and Autopsy Records) #

Article 13-2(Explanation on major Diagnosis and Treatment such as Operation) #

Article 14(Reporting) #

Article 15(Protection of Diagnosis and Treatment Techniques) #

Article 16(Preferential Supply of Appliances) #

Article 16-2(Qualifications of Animal Health Technicians) #

Article 16-3(Animal Health Technicians' Qualification Examinations) #

Article 16-4(Accreditation of Training Institutions) #

Article 16-5(Animal Health Technicians' Business) #

Article 16-6(Provisions to Be Applied Mutatis Mutandis) #

Article 17(Opening of Veterinary Hospitals) #

Article 17-2(Obligation to Manage Veterinary Hospitals) #

Article 17-3(Installation and Operation of Radiation Emitting Apparatus for Diagnosis of Animals) #

Article 17-4(Installation and Operation of Special Medical Equipment for Diagnosis of Animals) #

Article 17-5(Designation of Testing or Measurement Institutions) #

Article 18(Reporting on Suspension or Discontinuance of Business Operations) #

Article 19(Public Notice of Expenses of Diagnosis and Treatment such as Operation) #

Article 20(Posting of Expenses of Diagnosis and Treatment such as Medical Examination) #

Article 20-2(Fees for Issuance) #

Article 20-3(Standardization of Classification System of Diagnosis and Treatment of Animals) #

Article 20-4(Survey and Analysis of Current Status on Expenses of Diagnosis and Treatment) #

Article 21(Public Veterinarians) #

Article 22(Allowances and Traveling Expenses of Public Veterinarians) #

Article 22-2(Permission to Incorporate Animal Diagnostic and Treatment Corporations) #

Article 22-3(Incidental Business of Animal Diagnostic and Treatment Corporations) #

Article 22-4(Application Mutatis Mutandis of the Civil Act) #

Article 22-5(Cancellation of Permission to Incorporate Animal Diagnostic and Treatment Corporations) #

Article 23(Establishment) #

Article 24(Approval for Establishment) #

Article 25(Branches) #

Article 25-2(Establishment of Ethics Committee) #

Article 26(Application Mutatis Mutandis of the Civil Act) #

Article 27 #

Article 28 #

Article 29(Subsidization of Expenses) #

Article 30(Guidance and Order) #

Article 31(Reporting and Supervision of Business) #

Article 32(Revocation of License and Suspension of Validity of License) #

Article 32-2(Request by Veterinary Medical Association for Suspension of License Validity) #

Article 33(Suspension of Operations of Animal Diagnostic and Treatment Business) #

Article 33-2(Imposition of Penalty Surcharges) #

Article 34(Training and Education) #

Article 35 #

Article 36(Hearings) #

Article 37(Delegation and Entrustment of Authority) #

Article 38(Fees) #

Article 38-2(Legal Fiction as Public Officials in Application of Penalty Provisions) #

Article 39(Penalty Provisions) #

Article 40 #

Article 41(Administrative Fines) #