Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Oklahoma

Oklahoma Statutes Annotated. Title 59. Professions and Occupations. Chapter 15. Oklahoma Veterinary Practice Act.

Statute Details
Printable Version
Citation: 59 Okl. St. Ann. 698.1 - 33

Citation: OK ST T. 59 698.1 - 33


Last Checked by Web Center Staff: 01/2014

Summary:  

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.



Statute in Full:

Title of Chapter and Definitions

§ 698.1. Short title

§ 698.2. Definitions

State Board of Veterinary Medical Examiner Provisions

§ 698.3. Board of Veterinary Medical Examiners--Purpose--Conflicts of interest—Liability

§ 698.4. Appointment--Qualifications--Terms--Removal for cause

§ 698.5. Oath of office--Officers, powers and duties--Reports--Standing or ad hoc committees

§ 698.5a. Investigators--Authority and duties

§ 698.6. Meetings--Notice--Emergency meetings--Travel expenses--Revenues and funds--Increases in fees, charges, etc.

§ 698.7. Powers and duties of Board

Licensing Provisions

§ 698.8. Licenses--Evidence of suitability to practice--Practice without license--Certificate in lieu of license

§ 698.8a. Veterinary faculty license

§ 698.9. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990

§ 698.9a. Reinstatement of suspended, revoked or nonrenewed licenses or certificates

§ 698.10. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990

§ 698.10a. Renewal certificate of registration--Application--Failure to renew--Fee--Automatic suspension

Veterinary Practice, Defined

§ 698.11. Practice defined

§ 698.12. Acts not prohibited

§ 698.13. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

§ 698.14. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990

Revocation of License, Disciplinary Actions, and Impaired Practitioners

§ 698.14a. Sanctions--Enforcement actions--Injunctions--Suspension or revocation of license or certificate--Complaints--Hearings--Penalties

§ 698.14b. Inability to practice due to mental illness or drug abuse-- Required submission to alcohol or drug testing--Actions of Board--Reporting of impaired performance

Report of Diseases, Abandoned Animals, Veterinary Records & Good Samaritan Provisions

§ 698.15. Report of contagious or infectious diseases

§ 698.16. Abandoned animals

§ 698.16a. Animal health records--Disclosure—Liability

§ 698.16b. Persons reporting information or investigating--Liability

§ 698.17. Good faith rendering of emergency care or treatment to animal or human victim--Liability

Imposition of Penalties and Hearings

§ 698.18. Penalties

§ 698.19. Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989

§ 698.19A. Field citation--Probable cause committee--Contest hearing—Fine

§ 698.20. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

Veterinary Technicians

§ 698.21. Certified veterinary technician--Use of terms and titles--Person not considered to be veterinary technician

§ 698.22. Candidates for examination--Employment by veterinarian of registered veterinary technician not required

§ 698.23. Issuance of certificate

§ 698.24. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

§ 698.25. Revocation, suspension or refusal to renew--Probation

§ 698.26. Unauthorized practice of veterinary medicine--Emergency treatment--Improper use of title--Penalties

§ 698.27. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

Miscellaneous

§ 698.28. Veterinary Medical Examiners Fund

§ 698.29. Confidentiality of information

§ 698.30. Non-veterinary equine dental care provider certification

§ 698.30a. Nonveterinary reproductive services technician--Certification requirements

§ 698.30b. Animal Technology Advisory Committee--Oversight--Members

Large Animal Veterinarian Incentive Act

§ 698.31. Short title

§ 698.32. Definitions

§ 698.33. Veterinary training program for rural Oklahoma 

 

 

§ 698.1. Short title

Chapter 15 of this title shall be known and may be cited as the "Oklahoma Veterinary Practice Act".

CREDIT(S)

Laws 1971, c. 126, § 1, emerg. eff. May 4, 1971; Laws 1999, c. 94, § 1, eff. Nov. 1, 1999.


 

§ 698.2. Definitions

As used in the Oklahoma Veterinary Practice Act:

1. “Board” means the State Board of Veterinary Medical Examiners;

2. “Animal” means any animal other than humans and includes, but is not limited to, fowl, fish, birds and reptiles, wild or domestic, living or dead;

3. “Veterinarian” means a person who has received a degree in veterinary medicine or its equivalent from a school of veterinary medicine;

4. “Licensed veterinarian” means any veterinarian who holds an active license to practice veterinary medicine in this state;

5. “School of veterinary medicine” means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent, which conforms to the standards required for accreditation by the American Veterinary Medical Association (AVMA) and which is recognized and approved by the Board;

6. “Veterinary technician” means a person who has graduated from a program accredited by the American Veterinary Medical Association, or its equivalent which is recognized and approved by the Board, and who has passed the examination requirements set forth by the Board, is certified to practice under the direct supervision of a licensed veterinarian. For the purpose of the Oklahoma Veterinary Practice Act, “registered veterinary technician (RVT)” will be used interchangeably with veterinary technician who is certified pursuant to Sections 698.21 through 698.26 of this title;

7. “Veterinary technologist” means a person who has successfully graduated from an AVMA-accredited bachelor degree program of veterinary technology, or its AVMA equivalent;

8. “Veterinary assistant” means an individual who may perform the duties of a veterinary technician or veterinary technologist, however, has not graduated from an AVMA-accredited technology program or its equivalent, and has not been certified by the Board;

9. “Veterinary technology” means the science and art of providing all aspects of professional medical care, services, and treatment for animals with the exception of diagnosis, prognosis, surgery, and prescription of any treatments, drugs, medications, or appliances, where a valid veterinarian-client-patient relationship exists;

10. “Direct supervision” means:

a. directions have been given to a veterinary technician, nurse, laboratory technician, intern, veterinary assistant or other employee for medical care following the examination of an animal by the licensed veterinarian responsible for the professional care of the animal, or

b. that, under certain circumstances following the examination of an animal by a licensed veterinarian responsible for the professional care of the animal, the presence of the licensed veterinarian on the premises in an animal hospital setting or in the same general area in a range setting is required after directions have been given to a veterinarian who has a certificate issued pursuant to Section 698.8 of this title;

11. “License” means authorization to practice veterinary medicine granted by the Board to an individual found by the Board to meet certain requirements pursuant to the Oklahoma Veterinary Practice Act or any other applicable statutes;

12. “Supervised Doctor of Veterinary Medicine Certificate” means authorization to practice veterinary medicine with certain limitations or restrictions on that practice, set by the Board or authorization to perform certain enumerated functions peripheral to the practice of veterinary medicine as set by the Board and has a certificate issued pursuant to Section 698.8 of this title;

13. “Veterinarian-client-patient relationship” means when:

a. the licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal or animals and the need for medical treatment, and the client, owner or other caretaker has agreed to follow the instructions of the licensed veterinarian, and

b. there is sufficient knowledge of the animal or animals by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal or animals in that:

(1) the licensed veterinarian has recently seen or is personally acquainted with the keeping and care of the animal or animals, or

(2) the licensed veterinarian has made medically necessary and timely visits to the premises where the animal or animals are kept or both, and

c. the licensed veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy, or has arranged for emergency medical coverage, and

d. the licensed veterinarian's actions would conform to applicable federal law and regulations;

14. “Veterinary premises” means any facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile unit, mobile clinic, outpatient clinic, satellite clinic, public service outreach of a veterinary facility, or veterinary hospital or clinic. The term “veterinary premises” shall not include the premises of a client of a licensed veterinarian or research facility;

15. “Veterinary prescription drugs” means such prescription items as are in the possession of a person regularly and lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of veterinary drugs and the federal Food and Drug Administration-approved human drugs for animals which because of their toxicity or other potential for harmful effects, or method of use, or the collateral measures necessary for use, are labeled by the manufacturer or distributor in compliance with federal law and regulations to be sold only to or on the prescription order or under the supervision of a licensed veterinarian for use in the course of professional practice. Veterinary prescription drugs shall not include over-the-counter products for which adequate directions for lay use can be written;

16. “ECFVG certificate” means a certificate issued by the American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates, indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine;

17. “Executive Director” means the Executive Director of the State Board of Veterinary Medical Examiners or the authorized representative of such official;

18. “Telemedicine” shall mean the transmission of diagnostic images such as, but not limited to, radiographs, ultrasound, cytology, endoscopy, photographs and case information over ordinary or cellular phone lines to a licensed veterinarian or board-certified medical specialist for the purpose of consulting regarding case management with the primary care licensed veterinarian who transmits the cases;

19. “Person” means any individual, firm, partnership, association, joint venture, cooperative, corporation, or any other group or combination acting in concert, and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, fictitious name certificate, or any other representative of such person;

20. “Food animal” means any mammalian, poultry, fowl, fish, or other animal that is raised primarily for human food consumption;

21. “Surgery” means the branch of veterinary science conducted under elective or emergency circumstances, which treats diseases, injuries and deformities by manual or operative methods including, but not limited to, cosmetic, reconstructive, ophthalmic, orthopedic, vascular, thoracic, and obstetric procedures. The provisions in Section 698.12 of this title shall not be construed as surgery;

22. “Abandonment” means to forsake entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or the owner's agent. Abandonment shall constitute the relinquishment of all rights and claims by the owner to an animal;

23. “Animal chiropractic diagnosis and treatment” means treatment that includes vertebral subluxation complex (vsc) and spinal manipulation of nonhuman vertebrates. The term “animal chiropractic diagnosis and treatment” shall not be construed to allow the:

a. use of x-rays,

b. performing of surgery,

c. dispensing or administering of medications, or

d. performance of traditional veterinary care;

24. “Animal euthanasia technician” means an employee of a law enforcement agency, an animal control agency, or animal shelter that is recognized and approved by the Board, who is certified by the Board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals;

25. “Teeth floating”, as provided by a nonveterinary equine dental care provider, means the removal of enamel points and the smoothing, contouring and leveling of dental arcades and incisors of equine and other farm animals. It shall not include dental procedures on canines and felines;

26. “Nonveterinary reproductive services” means nonveterinary services provided by an individual certified by the Board as a nonveterinary reproductive services technician, and involves and shall be limited to nonsurgical embryo transfer in ruminating animals including cattle, sheep, goats, farmed deer and other ruminating exotic animals such as those found in zoos, and may include basic ultrasonography of their ovaries to evaluate the response to embryo-transfer-associated procedures and of the uterus to determine pregnancy by the detection of a heartbeat within the transferred embryo at or greater than twenty-eight (28) days of gestation of such ruminating animals;

27. “Embryo transfer” means the biosecure process of inducing increased ovulations within a donor female for the in vivo production of embryos, the flushing of those embryos, collecting, grading and transferring of those embryos to recipient females, or the cryopreservation of those embryos for storage and later transfer to recipient females;

28. “Animal Technology Advisory Committee” means the advisory committee established by the Board pursuant to Section 4 of this act to advise and make recommendations to the Board regarding any new and evolving technology, procedure, method or practice that may be considered or otherwise designated as an act of animal husbandry that should be included as an act not prohibited in paragraph 1 of Section 698.12 of the Oklahoma Veterinary Practice Act. Reference to the advisory committee in this act shall mean the Animal Technology Advisory Committee; and

29. “Examination Committee” means the committee established and described in subsection E of Section 3 of this act.

CREDIT(S)

Laws 1971, c. 126, § 2, emerg. eff. May 4, 1971; Laws 1982, c. 192, § 1, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 1, eff. Sept. 1, 1990; Laws 1998, c. 80, § 1, eff. Nov. 1, 1998; Laws 1999, c. 94, § 2, eff. Nov. 1, 1999; Laws 2000, c. 199, § 7, eff. Nov. 1, 2000; Laws 2000, c. 334, § 5, eff. Nov. 1, 2000; Laws 2002, c. 172, § 1, eff. Nov. 1, 2002; Laws 2010, c. 112, § 1; Laws 2011, c. 83, § 1, eff. Nov. 1, 2011.

 

§ 698.3. Board of Veterinary Medical Examiners--Purpose--Conflicts of interest--Liability

A. The State Board of Veterinary Medical Examiners is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, [FN1] to regulate and enforce the practice of veterinary medicine in this state in accordance with the Oklahoma Veterinary Practice Act.

B. 1. The duty of determining a person's initial and continuing qualification and fitness for the practice of veterinary medicine, of proceeding against the unlawful and unlicensed practice of veterinary medicine and of enforcing the Oklahoma Veterinary Practice Act is hereby delegated to the Board. That duty shall be discharged in accordance with the Oklahoma Veterinary Practice Act and other applicable statutes.

2. a. It is necessary that the powers conferred on the Board by the Oklahoma Veterinary Practice Act be construed to protect the health, safety and welfare of the people of this state.

b. No member of the Board, acting in that capacity or as a member of any Board committee, shall participate in the making of any decision or the taking of any action affecting such member's own personal, professional or pecuniary interest, or that of a person related to the member within the third degree by consanguinity, marriage or adoption or of a business or professional associate.

c. With advice of legal counsel, the Board shall adopt and annually review a conflict of interest policy to enforce the provisions of the Oklahoma Veterinary Practice Act.

C. The practice of veterinary medicine is a privilege granted by the people of this state acting through their elected representatives. It is not a natural right of individuals. In the interest of the public, and to protect the public, it is necessary to provide laws and rules to govern the granting and subsequent use of the privilege to practice veterinary medicine. The primary responsibility and obligation of the Board is to protect the public from the unprofessional, improper, incompetent and unlawful practice of veterinary medicine.

D. The liability of any member or employee of the Board acting within the scope of Board duties or employment shall be governed by The Governmental Tort Claims Act. [FN2]

CREDIT(S)

Laws 1971, c. 126, § 3, emerg. eff. May 4, 1971; Laws 1982, c. 32, § 1, emerg. eff. March 26, 1982; Laws 1988, c. 225, § 12; Laws 1990, c. 314, § 2, eff. Sept. 1, 1990; Laws 1994, c. 112, § 1, eff. July 1, 1994; Laws 1999, c. 94, § 3, eff. Nov. 1, 1999; Laws 2000, c. 89, § 1; Laws 2006, c. 48, § 1; Laws 2012, c. 60, § 1.

[FN1] Title 74, § 3901 et seq.
[FN2] Title 51, § 151 et seq.

 

§ 698.4. Appointment--Qualifications--Terms--Removal for cause

A. 1. The State Board of Veterinary Medical Examiners shall consist of six (6) members, appointed by the Governor with the advice and consent of the Senate. The Board shall consist of five licensed veterinarian members, and one lay person representing the general public.

2. Each veterinary member shall be a graduate of an approved school of veterinary medicine, shall be a currently licensed veterinarian and shall have held an active license for the three (3) years preceding appointment to the Board. One member shall be appointed from each congressional district and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district.

3. Of the five licensed veterinarian members, one must be an equine practitioner and one must be a large animal practitioner.

4. The lay member shall have no financial interest in the profession other than as a consumer or potential consumer of its services.

5. Members must be residents of the State of Oklahoma and be persons of integrity and good reputation. No member shall be a registered lobbyist. No member shall be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of veterinarians licensed pursuant to the Oklahoma Veterinary Practice Act.

B. Members of the Board shall be appointed for a term of five (5) years. No member shall serve consecutively for more than two (2) terms. Not more than two (2) terms shall expire in each year, and vacancies for the remainder of an unexpired term shall be filled by appointment by the Governor. Members shall serve beyond the expiration of their term until a successor is appointed by the Governor. The initial appointee for the Board position created on November 1, 1999, shall be appointed for less than five (5) years to abide by staggered term requirements. The Governor shall appoint to a vacancy within ninety (90) days of the beginning of the vacancy. Nominees considered by the Governor for appointment to the Board must be free of pending disciplinary action or active investigation by the Board.

C. A member may be removed from the Board by the Governor for cause which shall include, but not be limited to, if a member:

1. Ceases to be qualified;

2. Is found guilty by a court of competent jurisdiction of a felony or unlawful act which involves moral turpitude;

3. Is found guilty of malfeasance, misfeasance or nonfeasance in relation to Board duties;

4. Is found mentally incompetent by a court of competent jurisdiction;

5. Is found in violation of the Oklahoma Veterinary Practice Act; or

6. Fails to attend three successive Board meetings without just cause as determined by the Board.

CREDIT(S)

Laws 1971, c. 126, § 4, emerg. eff. May 4, 1971; Laws 1990, c. 314, § 3, eff. Sept. 1, 1990; Laws 1999, c. 94, § 4, eff. Nov. 1, 1999; Laws 2002, c. 375, § 8, eff. Nov. 5, 2002; Laws 2010, c. 112, § 2.

 

§ 698.5. Oath of office--Officers, powers and duties--Reports--Standing or ad hoc committees

A. 1. Each member of the State Board of Veterinary Medical Examiners shall take the constitutional oath of office.

2. The Board shall organize annually, at the last meeting of the Board before the beginning of the next fiscal year, by electing from the Board membership a president, vice-president and secretary-treasurer. Officers of the Board shall serve for terms of one (1) year or until their successors are elected. Officers shall not succeed themselves for more than one term. The lay member appointed to the Board shall not hold elective office.

B. 1. The president shall:

a. preside at Board meetings,

b. arrange the Board agenda,

c. sign Board orders and other required documents,

d. appoint Board committees and their chairpersons,

e. coordinate Board activities,

f. represent the Board before legislative committees, and

g. perform those other duties assigned by the Board and this section.

2. The vice-president shall perform the duties of president during the president's absence or disability and shall assist the president in duties as requested.

3. The secretary-treasurer shall be responsible for the administrative functions of the Board.

4. The employment of administrative, investigative, legal and clerical personnel shall be subject to the approval of the Board.

5. At the end of each fiscal year the president and secretary-treasurer shall prepare or cause to be prepared and submit to the Governor a report on the transactions of the Board.

C. To facilitate its work effectively, fulfill its duties and exercise its powers, the Board may establish standing or ad hoc committees. The president shall appoint members and chairpersons of the committees and determine the length of terms of service. The president may appoint individuals to serve on a standing or ad hoc committee for a term not to exceed one (1) year.

CREDIT(S)

 Laws 1971, c. 126, § 5, emerg. eff. May 4, 1971; Laws 1980, c. 159, § 13, emerg. eff. April 2, 1980; Laws 1990, c. 314, § 4, eff. Sept. 1, 1990; Laws 1999, c. 94, § 5, eff. Nov. 1, 1999.

 

§ 698.5a. Investigators--Authority and duties

A. 1. Investigators for the State Board of Veterinary Medical Examiners shall perform such services as are necessary in the investigation of criminal activity or preparation of administrative actions.

2. In addition, investigators shall have the authority and duty to investigate and inspect the records of all licensees in order to determine whether the licensee is in compliance with applicable narcotics and dangerous drug laws and regulations.

B. Any investigator certified as a peace officer by the Council on Law Enforcement Education and Training shall have statewide jurisdiction to perform the duties authorized by this section. In addition, the investigator shall be considered a peace officer and shall have the powers now or hereafter vested by law in peace officers.

 

CREDIT(S)

 Laws 1998, c. 80, § 2, eff. Nov. 1, 1998; Laws 1999, c. 94, § 6, eff. Nov. 1, 1999.

 

§ 698.6. Meetings--Notice--Emergency meetings--Travel expenses--Revenues and funds--Increases in fees, charges, etc.

A. The State Board of Veterinary Medical Examiners shall meet at least once each year in the first half of the calendar year and once each year in the second half of the calendar year. In addition, the Board may meet at other times of the year as is deemed necessary to conduct the business of the Board. The Board shall meet at the time and place fixed by order of the Board president or by order of three members of the Board acting jointly upon refusal of the president to call for or fix a time and place for said meeting.

B. 1. Notice of meetings shall be filed in conformance with the Oklahoma Open Meeting Act. Members shall be notified of each meeting at least twenty (20) days before said meeting, except in the case of a meeting called for emergency purposes.

2. Emergency meetings may be called at any time by the president or at the request of three Board members as required to enforce the Oklahoma Veterinary Practice Act. The Board may establish procedures by which the Board may call an emergency meeting in accordance with the Oklahoma Open Meeting Act. The Board may establish procedures by which committee advice may be obtained in cases of emergency.

3. The Board shall establish a system for giving all Board and committee members and the public reasonable notice of scheduled meetings.

4. Minutes of all Board and committee meetings shall be kept in accordance with promulgated rules of the Board and other applicable statutes.

C. All meetings of the Board and its committees shall be open to the public except as set out in Article II of the Administrative Procedures Act [FN1] and the Oklahoma Open Meeting Act. [FN2]

D. Each Board member shall receive reimbursement for expenses in accordance with the Oklahoma Travel Reimbursement Act [FN3] and rules promulgated by the Board.

E. 1. The Board shall be fully supported by the revenues generated from its activities, including fees, charges and reimbursed costs.

2. All such revenues, with the exception of the ten percent (10%) of its revenue required to be deposited in the General Revenue Fund, shall be deposited to the Veterinary Medical Examiners Fund and shall be credited to the account of the State Board of Veterinary Medical Examiners. Any revenue remaining in the revolving fund at the end of any fiscal year shall be carried over to the next fiscal year in the account of the State Board of Veterinary Medical Examiners.

3. The Board shall operate on the fiscal year beginning July 1 and ending June 30 of each year.

4. The Board shall develop and adopt its own budget reflecting revenues, including reimbursed costs associated with the administrative, investigative, and legal expenditures for taking disciplinary action, and the establishment and maintenance of a reasonable reserve fund.

F. All fees, charges, reimbursement minimums and other revenue generating amounts shall be promulgated by the Board by rule and shall reflect normal increases due to inflation or cost of doing business.

[FN1] See Title 75, § 250.1 for composition of articles.

[FN2] Title 25, § 301 et seq.

[FN3] Title 74, § 500.1 et seq.

 CREDIT(S)

 Laws 1971, c. 126, § 6, emerg. eff. May 4, 1971; Laws 1982, c. 192, § 2, emerg. eff. April 22, 1982; Laws 1985, c. 178, § 36, operative July 1, 1985; Laws 1990, c. 314, § 5, eff. Sept. 1, 1990; Laws 1999, c. 94, § 7, eff. Nov. 1, 1999.

 

§ 698.7. Powers and duties of Board

The State Board of Veterinary Medical Examiners shall have the powers and it shall also be its duty to regulate the practice of veterinary medicine. In addition to any other powers placed on it by the Oklahoma Veterinary Practice Act or as otherwise provided by law, the Board shall have the power and duty to:

1. a. set standards for licensure or certification by examination and develop such examinations as will provide assurance of competency to practice, and

b. employ or enter into agreements with organizations or agencies to provide examinations acceptable to the Board or employ or enter into agreements with organizations or agencies to provide administration, preparation or scoring of examinations;

2. Set fees;

3. Prescribe the time, place, method, manner, scope and subjects of examination for licensure;

4. Prepare or select, conduct or direct the conduct of, set minimum requirements for, and assure security of licensing and other required examinations;

5. a. issue or deny licenses and certificates and renewals thereof,

b. acquire information about and evaluate the professional education and training of applicants for licensure or certification; and accept or deny applications for licensure, certification or renewal of either licensure or certification based on the evaluation of information relating to applicant fitness, performance or competency to practice,

c. determine which professional schools, colleges, universities, training institutions and educational programs are acceptable in connection with licensure pursuant to the Oklahoma Veterinary Practice Act, and accept the approval of such facilities and programs by American-Veterinary-Medical-Association-accredited institutions in the United States and Canada,

d. require supporting documentation or other acceptable verifying evidence for any information provided the Board by an applicant for licensure or certification, and

e. require information on an applicant's fitness, qualification and previous professional record and performance from recognized data sources including, but not limited to, other licensing and disciplinary authorities of other jurisdictions, professional education and training institutions, liability insurers, animal health care institutions and law enforcement agencies;

6. Develop and use applications and other necessary forms and related procedures for purposes of the Oklahoma Veterinary Practice Act;

7. a. review and investigate complaints and adverse information about licensees and certificate holders,

b. conduct hearings in accordance with the Oklahoma Veterinary Practice Act and the Administrative Procedures Act, [FN1] and

c. adjudicate matters that come before the Board for judgment pursuant to the Oklahoma Veterinary Practice Act upon clear and convincing evidence and issue final decisions on such matters to discipline licensees and certificate holders;

8. a. impose sanctions, deny licenses and certificates and renewals thereof, levy reimbursement costs, seek appropriate administrative, civil or criminal penalties or any combination of these against those who violate examination security, who attempt to or who do obtain licensure or certification by fraud, who knowingly assist in illegal activities, or who aid and abet the illegal practice of veterinary medicine,

b. review and investigate complaints and adverse information about licensees and certificate holders,

c. discipline licensees and certificate holders,

d. institute proceedings in courts of competent jurisdiction to enforce Board orders and provisions of the Oklahoma Veterinary Practice Act,

  e. (1) establish mechanisms for dealing with licensees and certificate holders who abuse or are dependent on or addicted to alcohol or other chemical substances, and enter into agreements, at its discretion, with professional organizations whose relevant procedures and techniques it has evaluated and approved for their cooperation or participation in the rehabilitation of the licensee or certificate holder,

(2) establish by rules cooperation with other professional organizations for the identification and monitoring of licensees and certificate holders in treatment who are chemically dependent or addicted, and

f. issue conditional, restricted or otherwise circumscribed modifications to licensure or certification as determined to be appropriate by due process procedures and summarily suspend a license if the Board has cause to believe by clear and convincing evidence such action is required to protect public or animal health and safety or to prevent continuation of incompetent practices;

9. Promulgate rules of professional conduct and require all licensees and certificate holders to practice in accordance therewith;

10. Act to halt the unlicensed or illegal practice of veterinary medicine and seek administrative, criminal and civil penalties against those engaged in such practice;

11. Establish appropriate fees and charges to ensure active and effective pursuit of Board responsibilities;

12. Employ, direct, reimburse, evaluate and dismiss staff in accordance with state procedures;

13. Establish policies for Board operations;

14. Respond to legislative inquiry regarding those changes in, or amendments to, the Oklahoma Veterinary Practice Act;

15. Act on its own motion in disciplinary matters, administer oaths, issue notices, issue subpoenas in the name of the State of Oklahoma, including subpoenas for client and animal records, hold hearings, institute court proceedings for contempt or to compel testimony or obedience to its orders and subpoenas, take evidentiary depositions and perform such other acts as are reasonable and necessary under law to carry out its duties;

16. Use clear and convincing evidence as the standard of proof and issue final decisions when acting as trier of fact in the performance of its adjudicatory duties;

17. Determine and direct Board operating, administrative, personnel and budget policies and procedures in accordance with applicable statutes;

18. Promulgate uniform rules such as may be necessary for carrying out and enforcing the provisions of the Oklahoma Veterinary Practice Act and such as in its discretion may be necessary to protect the health, safety and welfare of the public;

19. Determine continuing education requirements;

20. Establish minimum standards for veterinary premises;

21. Establish standards for veterinary labeling and dispensing of veterinary prescription drugs and federal Food and Drug Administration-approved human drugs for animals which would conform to current applicable state and federal law and regulations;

22. Promulgate rules such as may be necessary for carrying out and enforcing provisions relating to certification of animal euthanasia technicians and approval of drugs to be used for euthanasia of animals in an animal shelter pursuant to the requirements of Section 502 of Title 4 of the Oklahoma Statutes;

23. Shall conduct a national criminal history records search for certified animal euthanasia technicians:

a. the applicant shall furnish the Board two completed fingerprint cards and a money order or cashier's check made payable to the Oklahoma State Bureau of Investigation,

b. the Board shall forward the fingerprint cards, along with the applicable fee for a national fingerprint criminal history records search, to the Bureau, and

c. the Bureau shall retain one set of fingerprints in the Automated Fingerprint

Identification System (AFIS) and submit the other set to the Federal Bureau of Investigation (FBI) for a national criminal history records search;

24. Establish standards for animal chiropractic diagnosis and treatment. The standards shall include but not be limited to a requirement that a veterinarian who holds himself or herself out to the public as certified to engage in animal chiropractic diagnosis and treatment shall:

a. carry at least One Million Dollars ($1,000,000.00) of additional malpractice coverage to perform animal chiropractic diagnosis and treatment, and

b. have appropriate training in animal chiropractic diagnosis and treatment. The Veterinary Examining Board shall have the authority to establish educational criteria for certification standards in animal chiropractic diagnosis and treatment. The Veterinary Examining Board shall work in conjunction with the Board of Chiropractic Examiners to establish comparable standards for the practice of animal chiropractic diagnosis and treatment for both medical professions within thirty (30) days after the effective date of this act. The Board shall certify any licensed veterinarian wishing to engage in animal chiropractic diagnosis and treatment who meets the standards established by the Board pursuant to this paragraph. Upon request, the Board shall make available to the public a list of licensed veterinarians so certified; and

25. Perform such other duties and exercise such other powers as the provisions and enforcement of the Oklahoma Veterinary Practice Act may require.

[FN1] Title 75, § 250 et seq.

 CREDIT(S)

Laws 1971, c. 126, § 7, emerg. eff. May 4, 1971; Laws 1982, c. 192, § 3, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 6, eff. Sept. 1, 1990; Laws 1997, c. 143, § 1, eff. Nov. 1, 1997; Laws 1999, c. 94, § 8, eff. Nov. 1, 1999; Laws 2000, c. 199, § 5, eff. Nov. 1, 2000; Laws 2000, c. 334, § 6, eff. Nov. 1, 2000; Laws 2002, c. 172, § 2, eff. Nov. 1, 2002.

 

§ 698.8. Licenses--Evidence of suitability to practice--Practice without license--Certificate in lieu of license

A. It shall be unlawful to practice veterinary medicine in this state without a license or certificate issued by the State Board of Veterinary Medical Examiners.

B. Requirements for licensure or certification shall be set by the Board and may be changed as the education and training for the practice of veterinary medicine changes. Prior to issuance of a license or certificate to practice veterinary medicine in this state, the applicant shall have been found by the Board to be of good moral character and the Board shall consider but not be limited to the following evidence of suitability to practice:

1. a. Graduation from an approved school of veterinary medicine whose requirements at the time of graduation are acceptable to the Board.

b. Graduates of schools of veterinary medicine located outside the United

States and Canada shall be held to the same standards for evidence of suitability to practice as are graduates of schools of veterinary medicine located within the United States in that applicants shall conform in all respects to the requirements set forth in this section. Where necessary, further examination shall be administered by the Board or its designee to determine competency to practice. In addition, applicants shall demonstrate a command of the English language satisfactory to the Board. Documents and material submitted in support of application for licensure or certification, if in a foreign language, shall be translated and certified as accurate by an organization acceptable to the Board;

2. Satisfactory completion of a minimum number of months of education in veterinary medicine as a requirement for graduation from a school of veterinary medicine as set by the Board;

3. Evidence that the applicant for licensure or certification is of good moral character;

4. a. Except as otherwise provided by this paragraph, evidence that the applicant has passed examinations satisfactory to the Board and that the examination score is acceptable to the Board. The Board may set minimum passing scores for examinations and limit the number of times an applicant may take an examination in this state.

b. In lieu of national examination requirements, an applicant shall have actively engaged in the clinical practice of veterinary medicine for a period of at least five thousand (5,000) hours during the five (5) consecutive years immediately prior to making application in Oklahoma and hold a license to practice veterinary medicine in another state, territory, district or province of the United States and Canada and successfully passed the Oklahoma State Jurisprudence Examination;

5. Evidence that the applicant has demonstrated familiarity with the statutes and rules set by the Board;

6. Evidence that the applicant is mentally and professionally capable of practicing veterinary medicine in a competent manner as determined by the Board and willing to submit, if deemed appropriate by the Board, to an evaluation of skills and abilities;

7. Evidence that the applicant has not been found guilty by a court of law of any conduct that would constitute grounds for disciplinary action under the Oklahoma Veterinary Practice Act or rules of the Board, and there has been no disciplinary action taken against the applicant by any public agency concerned with the practice of veterinary medicine;

8. If the Board deems it necessary, a personal appearance by the applicant before the Board in support of the applicant's application for licensure or certification. If the Board is not satisfied with the credentials of the applicant, or demonstration of knowledge or skills presented, the Board may require further examination or supervised practice before reconsideration of the application; and

9. Evidence that all required fees have been paid.

C. Practice without the legal possession of an active license or certificate shall be prohibited, and evidence of said practice shall be reported by the Board to the district attorney of the county in which the practice is found to occur.

D. Certificates may be issued to any veterinarian who has failed to obtain or failed to maintain a regular license to practice veterinary medicine. Such certificates may be issued by the Board at such times as the Board determines that all requirements for possession of such certificate have been met as set by rules and policies of the Board. Certificates may be issued for, but not limited to, the practice of veterinary medicine under the direct supervision of a licensed veterinarian while the application for full licensure is pending.

 CREDIT(S)

 Laws 1971, c. 126, § 8, emerg. eff. May 4, 1971; Laws 1976, c. 48, § 1, emerg. eff. April 9, 1976; Laws 1982, c. 192, § 4, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 7, eff. Sept. 1, 1990; Laws 1999, c. 94, § 9, eff. Nov. 1, 1999.

 

§ 698.8a. Veterinary faculty license

The State Board of Veterinary Medical Examiners may issue a veterinary faculty license to any qualified applicant associated with one of the state's institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:

1. The holder of the veterinary faculty license shall be remunerated for the practice aspects of the services of the holder solely from state, federal or institutional funds and not from the patient-owner beneficiary of his practice efforts;

2. The applicant will furnish the Board with such proof as the Board may deem necessary to demonstrate that:

a. the applicant is a graduate of a reputable school or college of veterinary medicine,

b. the applicant has or will have a faculty position at one of the state's institutions of higher learning and will be involved in the instructional program of either undergraduate or graduate veterinary medical students, as certified by an authorized administrative official at such institution, and

c. the applicant understands and agrees that the faculty license is valid only for the practice of veterinary medicine as a faculty member of the institution;

3. The license issued pursuant to this section may be revoked, suspended or not renewed or the licensee may be placed on probation or otherwise disciplined in accordance with the provisions of the Oklahoma Veterinary Practice Act; and

4. The license issued pursuant to this section may be canceled by the Board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.

CREDIT(S)

Laws 1991, c. 265, § 21, eff. Oct. 1, 1991; Laws 1999, c. 94, § 10, eff. Nov. 1, 1999.

 

§ 698.9. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990

 

§ 698.9a. Reinstatement of suspended, revoked or nonrenewed licenses or certificates

A. 1. Licenses or certificates suspended, revoked or not renewed for any purpose may be reinstated upon the motion of the State Board of Veterinary Medical Examiners upon proper application of the licensee or certificate holder.

2. A license or certificate suspended for failure to renew may be reinstated by the president or secretary-treasurer of the Board. Provided, such action shall be approved or ratified, or may be rescinded by the Board at the Board meeting following such action.

B. Requirements for reinstatement of a license or certificate which has been suspended, revoked or not renewed shall be by rule and shall include, but not be limited to, evidence that:

1. All requirements for full licensure or certification have been met; and

2. The applicant has not been convicted or the applicant's license or certificate suspended, revoked or not renewed or placed on probation in another state for violations of an act that would constitute the same or similar penalty in this state.

CREDIT(S)

Laws 1990, c. 314, § 8, eff. Sept. 1, 1990; Laws 1999, c. 94, § 11, eff. Nov. 1, 1999.

 

§ 698.10. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990

 

§ 698.10a. Renewal certificate of registration--Application--Failure to renew--Fee--Automatic suspension

A. Every licensed veterinarian who is the holder of a license or certificate authorizing the practice of veterinary medicine in any manner whatsoever shall on or before the first day of July of each and every year apply to the State Board of Veterinary Medical Examiners on forms furnished by the Board, for a renewal certificate of registration entitling such veterinarian to practice veterinary medicine in this state during the next fiscal year. Each such application shall be accompanied by a renewal fee in an amount fixed by the Board.

B. The Board may modify the terms and dates of renewal requirements in order to expedite the efficiency of the procedure and to prevent inequitable financial burden on its applicants and licensees.

C. 1. Failure to renew a license or certificate properly shall be evidence of noncompliance with the laws of this state and rules of the Board.

2. The license or certificate shall automatically be placed in an inactive status for failure to renew and shall be considered inactive and not in good standing for purposes of practice of veterinary medicine.

D. 1. If, within sixty (60) calendar days after July 1 the licensee or certificate holder pays the renewal fee plus any reactivation fee set by rule by the Board, the president or secretary-treasurer of the Board may reactivate the license or certificate.

2. If sixty (60) calendar days elapses and the license or certificate is not reactivated, the license or certificate shall be automatically suspended for failure to renew.

3. A license or certificate suspended for failure to renew may be reinstated pursuant to the provisions of Section 698.9a of this title.

E. Practice of veterinary medicine is prohibited unless the license or certificate is active and in good standing with the Board.

CREDIT(S)

Laws 1990, c. 314, § 9, eff. Sept. 1, 1990; Laws 1999, c. 94, § 12, eff. Nov. 1, 1999.

 

§ 698.11. Practice defined

A. The practice of veterinary medicine shall include, but not be limited to:

1. Diagnosing, surgery, treating, correcting, changing, relieving, or preventing animal disease, deformity, defect, injury or other physical or mental conditions including the prescribing or administering of any drug, medicine, biologic, apparatus, application, anesthetic, telemedicine, animal chiropractic diagnosis and treatment, or other therapeutic diagnostic substance or technique; dentistry; complementary and alternative therapies to be defined by rule pursuant to Section 698.7 of Title 59 of the Oklahoma Statutes; testing for pregnancy or correcting sterility or enhancing fertility; or rendering advice or recommendation with regard to any of the above;

2. Representing, directly or indirectly, publicly or privately, an ability and willingness to do any act prescribed in paragraph 1 of this subsection; and

3. Using any title words, abbreviation or letters by any person other than a licensed veterinarian in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph 1 of this subsection. Such use shall be prima facie evidence of the intention to represent oneself as a licensed veterinarian engaged in the practice of veterinary medicine.

B. Any person licensed to practice veterinary medicine pursuant to the Oklahoma Veterinary Practice Act, may use the word "Doctor", or an abbreviation thereof, and shall have the right to use, whether or not in conjunction with the word "Doctor" or any abbreviation thereof, the designation "D.V.M." or "V.M.D.".

CREDIT(S)

Laws 1971, c. 126, § 11, emerg. eff. May 4, 1971; Laws 1990, c. 314, § 10, eff. Sept. 1, 1990; Laws 1999, c. 94, § 13, eff. Nov. 1, 1999; Laws 2000, c. 131, § 6, eff. Nov. 1, 2000; Laws 2003, c. 84, § 1, eff. Nov. 1, 2003.

 

§ 698.12. Acts not prohibited

The Oklahoma Veterinary Practice Act shall not be construed to prohibit:

1. Acts of animal husbandry consisting of dehorning, branding, tagging or notching ears, teeth floating, farriery, pregnancy checking by transrectal palpation, collecting semen, preparing semen, freezing semen, castrating, worming, vaccinating, injecting or nonsurgical artificial insemination of farm animals; or the acts or conduct of a person advising with respect to nutrition, feeds or feeding; and such other acts designated by administrative rule of the Board which may be recommended by the Animal Technology Advisory Committee;

2. The owner of an animal or the owner's employees or helpers from caring for or treating animals belonging to the owner; provided that, the acts of the owner's employees or helpers otherwise prohibited by the Oklahoma Veterinary Practice Act are only an incidental part of the employment duties and for which no special compensation is made;

3. Acts of a person in lawful possession of an animal for some other purpose than practicing veterinary medicine; provided that, no charge may be made or included in any other charge or fee or adjustment otherwise made of any charge or fee for acts performed pursuant to this subsection unless the acts are performed by a licensed veterinarian as provided by the Oklahoma Veterinary Practice Act;

4. Acts of auction markets and other shippers of food animals in preparing such animals for shipment;

5. Acts of a person who is a student in good standing in a veterinary school, in performing duties or functions assigned by the student's instructors, or working under the direct supervision of a licensed veterinarian for each individual case and acts performed by an instructor or student in a school of veterinary medicine recognized by the Board and performed as a part of the educational and training curriculum of the school under the direct supervision of faculty. The unsupervised or unauthorized practice of veterinary medicine even though on the premises of a school of veterinary medicine is prohibited;

6. Acts of any employee in the course of employment by the federal government or acts of a veterinarian practicing on property and persons outside the jurisdiction of the State of Oklahoma;

7. A veterinarian currently licensed in another state from consulting with a licensed veterinarian of this state;

8. Acts of agriculture education instructors or students while engaged in regular agriculture education instruction in programs approved by the Oklahoma Department of Career and Technology Education; provided that said acts are under the supervision of instructors and are carried out in the usual course of instruction and not as independent practice by an unlicensed veterinarian without supervision;

9. Any person employed by a licensed veterinarian who is assisting with the professional duties of the licensed veterinarian and who is under the direct supervision of the licensed veterinarian from administering medication or rendering auxiliary or supporting assistance under the direct supervision of such licensed veterinarian, provided that the practice is conducted in compliance with all laws of this state and rules of this Board;

10. Any chiropractic physician licensed in this state who is certified by the Board of Chiropractic Examiners to engage in animal chiropractic diagnosis and treatment from practicing animal chiropractic diagnosis and treatment;

11. Any chiropractic physician licensed in this state who is not certified to practice animal chiropractic diagnosis and treatment by the Board of Chiropractic Examiners from providing chiropractic treatment to an animal referred to such chiropractic physician by a licensed veterinarian;

12. Any individual that is certified in animal massage therapy and acquires liability insurance from engaging in animal massage therapy after referral from a licensed veterinarian;

13. Any individual that is certified by the State Board of Veterinary Medical Examiners and pays a certification fee of Two Hundred Dollars ($200.00) under subsection A of Section 698.30 of this title from engaging in nonveterinary equine dental care; or

14. Any individual that is certified by the Board pursuant to Section 3 of this act and pays a certification fee of Two Hundred Dollars ($200.00) from providing nonveterinary reproductive services as defined by Section 698. 2 of this title.

CREDIT(S)

Laws 1971, c. 126, § 12, emerg. eff. May 4, 1971; Laws 1982, c. 192, § 6, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 11, eff. Sept. 1, 1990; Laws 1999, c. 94, § 14, eff. Nov. 1, 1999; Laws 2000, c. 131, § 7, eff. Nov. 1, 2000; Laws 2002, c. 172, § 3, eff. Nov. 1, 2002; Laws 2005, c. 172, § 1, eff. Nov. 1, 2005; Laws 2010, c. 112, § 3; Laws 2011, c. 83, § 2, eff. Nov. 1, 2011.

 

§ 698.13. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

 

§ 698.14. Repealed by Laws 1990, c. 314, § 16, eff. Sept. 1, 1990

 

§ 698.14a. Sanctions--Enforcement actions--Injunctions--Suspension or revocation of license or certificate--Complaints--Hearings--Penalties

A. A range of sanctions is hereby made available to the State Board of Veterinary Medical Examiners which includes, but is not limited to:

1. Revocation of licensure or certification;

2. Suspension of licensure or certification;

3. Probation of licensure or certification;

4. Refusal to renew a license or certification;

5. Injunctions and other civil court actions;

6. Reprimand, censure, agreement to voluntary stipulation of facts and imposition of terms of disciplinary action;

7. Administrative citation and administrative penalties; and

8. Prosecution through the office of the district attorney.

B. 1. The Board may take such action as the nature of the violation requires.

2. Upon a determination that a violation has been committed, the Board shall, by clear and convincing evidence, have the authority to impose upon the alleged violator, the payment of costs expended by the Board in investigating and prosecuting the cause, to include, but not be limited to, staff time, salary and travel expenses, witness fees and attorney fees and same shall be considered part of the order of the Board.

3. The Board shall make report of action to any association, organization or entity deemed appropriate for transmittal of the public record but shall in no cause be held liable for the content of the reported action or be made a party to action taken as a result of the sanction imposed by the State Board of Veterinary Medical Examiners.

C. The president or secretary-treasurer of the Board may issue a confidential letter of concern to a licensee or certificate holder when, though evidence does not warrant formal proceedings, there has been noted indications of possible misconduct by the licensee or certificate holder that could lead to serious consequences and formal action.

D. The Board may require an applicant for licensure or certification or a licensee or certificate holder to be examined on the applicant's or holder's medical knowledge and skills should the Board find, after due process, that there is probable cause to believe the licensee or certificate holder or applicant may be deficient in such knowledge and skills.

E. The Board may take disciplinary action or other sanctions upon clear and convincing evidence of unprofessional or dishonorable conduct, which shall include, but not be limited to:

1. Fraud or misrepresentation in applying for or procuring a license or certificate to practice veterinary medicine in any federal, state or local jurisdiction;

2. Cheating on or attempting to cheat on or subvert in any manner whatsoever the licensing or certificate examination or any portion thereof;

3. The conviction of or entry of a guilty plea or plea of nolo contendere involving a felony in this or any other jurisdiction, whether or not related to the practice of veterinary medicine;

4. Conduct likely to deceive, defraud, or harm the public;

5. The making of a false or misleading statement regarding one's skill or the efficacy or value of the medicine, treatment or remedy prescribed by the licensed veterinarian or at the licensed veterinarian's direction in the treatment of any disease or other condition of the animal;

6. Representing to a client that a manifestly incurable condition, sickness, disease or injury can be cured or healed;

7. Negligence in the practice of veterinary medicine;

8. Practice or other behavior that demonstrates a manifest incapacity or incompetence to practice veterinary medicine;

9. The use of any false, fraudulent or deceptive statement in any document connected with the practice of veterinary medicine;

10. Failure to notify the Board of current address of practice;

11. Aiding or abetting the practice of veterinary medicine by an unlicensed, incompetent or impaired person;

12. Habitual use or abuse of alcohol or of a habit-forming drug or chemical which impairs the ability of the licensee or certificate holder to practice veterinary medicine;

13. Violation of any laws relating to the administration, prescribing or dispensing of controlled dangerous substances or violation of any laws of the federal government or any state of the United States relative to controlled dangerous substances;

14. Obtaining a fee by fraud or misrepresentation;

15. Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, not to preclude the legal function of a lawful professional partnership, corporation or association;

16. Failure to report to the Board any adverse action taken by another jurisdictional body, by any peer review body, health-related licensing or disciplinary jurisdiction, law enforcement agency or court for acts or conduct related to the practice of veterinary medicine;

17. Failure to report to the Board surrender of a license or other certificate of authorization to perform functions based on the holding of a license or certificate to practice veterinary medicine or surrender of membership in any organization or association related to veterinary medicine while under investigation by that association or organization for conduct similar to or the same as acts which would constitute grounds for action as defined in the Oklahoma Veterinary Practice Act;

18. Failure to furnish the Board, its staff or agents information legally requested or failure to cooperate with a lawful investigation conducted by or on behalf of the Board;

19. Failure to pay appropriately assessed fees or failure to make any personal appearance required by the Board or any of its officers;

20. The practice of veterinary medicine in the absence of a bona fide veterinarian-client-patient relationship. The preclusion of a veterinarian-client-patient relationship by a veterinarian who in good faith renders or attempts to render emergency care to a victim pursuant to a Good Samaritan application shall not constitute grounds for discipline pursuant to the Oklahoma Veterinary Practice Act;

21. Providing vaccinations or elective surgical procedures on skunks, namely Mephitis mephitis (striped), Conepatus mesoleusus (hog-nosed), and Spilogale putorius (spotted), unless the animal is under the custody and care of a recognized zoological institution, research facility, or person possessing an appropriate and current wildlife permit issued by the Oklahoma Department of Wildlife Conservation or Oklahoma Department of Agriculture; or

22. Violation of any provisions of the Oklahoma Veterinary Practice Act or the rules and policies of the Board or of an action, stipulation or agreement of the Board.

F. 1. The Board may commence any legal action to enforce the provision of the Oklahoma Veterinary Practice Act and may exercise full discretion and authority with respect to enforcement actions. Administrative sanctions taken by the Board shall be made in accordance with Article II of the Administrative Procedures Act, [FN1] the Oklahoma Veterinary Practice Act, and other applicable laws of this state. The Board shall take appropriate enforcement action when required, assuring fairness and due process to the defendant.

2. The Board or its designee may hold informal conferences to negotiate a settlement of a dispute; provided that the conference is agreed to in writing by all parties and said conference does not preclude a hearing on the same matters. The Board shall not consider the agreement binding should a hearing be held subsequent to the agreement.

G. The Board may summarily suspend a license or certificate prior to a formal hearing when it has found upon clear and convincing evidence that such action is required to protect the public or animal health or welfare or when a person under the jurisdiction of the Board is convicted of a felony, whether or not related to the practice of veterinary medicine; provided such action is taken simultaneously with proceedings for setting a formal hearing to be held within thirty (30) days after the summary suspension.

H. 1. The Board may issue an order to any licensee or certificate holder, obtain an injunction or take other administrative, civil or criminal court action against any person or any corporation or association, its officers, or directors, to restrain said persons from violating the provisions of the Oklahoma Veterinary Practice Act.

2. Violations of an injunction shall be punishable as contempt of court. No proof of actual damage to any animal shall be required for issuance of an order or an injunction, nor shall an injunction relieve those enjoined from administrative, civil or criminal prosecution for violation of the Oklahoma Veterinary Practice Act.

I. 1. The State Board of Veterinary Medical Examiners may suspend, revoke or refuse to renew the license or certificate of any person holding license or certificate to practice veterinary medicine in this state or place such person on probation for unprofessional conduct, but no such suspension or revocation or refusal to renew, or probation shall be made, unless otherwise provided for herein, until such be cited to appear for hearing. No such citation shall be issued except upon a sworn complaint filed with the president or secretary-treasurer of said Board charging the licensee or certificate holder with having been guilty of unprofessional conduct and setting forth the particular act or acts alleged to constitute such unprofessional conduct.

2. In the event it comes to the attention of the Board that a violation of the rules of professional conduct may have occurred, even though a formal complaint or charge may not have been filed, the Board may conduct an investigation of such possible violation, and may, upon its own motion, institute a formal complaint. In the course of such investigation, persons appearing before the Board may be required to testify under oath.

J. 1. Upon the filing of a complaint, either by an individual or the Board, the citation shall be issued by the president or secretary-treasurer of the Board over such officer's signature and seal of the Board, setting forth the particulars of the complaint, and giving due notice of the time and place of the hearing by the Board. The citation shall be made returnable at the next meeting of the Board at which hearing is set and shall be no less than thirty (30) days after issuance of the citation;

2. The accused shall file a written answer under oath with notice of intent to appear or be represented within twenty (20) days after the service of the citation. Failure to respond to the citation within the prescribed time shall constitute default;

3. The license or certificate of the accused shall be suspended, revoked or not renewed if the charges are found, by clear and convincing evidence, sufficient by the Board; provided, the president or secretary-treasurer of the Board may extend the time of answer upon satisfactory showing that the defendant is for reasonable cause, unable to answer within the prescribed twenty (20) days, but in no case shall the time be extended beyond the date of the next scheduled meeting for hearing the complaint, unless continuance thereof be granted by the Board; and

4. All citations and subpoenas under the contemplation of the Oklahoma Veterinary Practice Act shall be served in general accordance with the statutes of this state applying to the service of such documents. All provisions of the statutes of this state relating to citations and subpoenas are hereby made applicable to the citations and subpoenas herein provided. All the provisions of the statutes of this state governing the taking of testimony by depositions are made applicable to the taking of depositions pursuant to the Oklahoma Veterinary Practice Act.

K. The Executive Director, secretary-treasurer, designee, or prosecuting attorney for the Board, during the course of any lawful investigation, may order or subpoena the attendance of witnesses, the inspection of records, and premises and the production of relevant records, books, memoranda, documents, radiographs, or other papers or things for the investigation of matters that may come before the Board.

L. 1. The attendance of witnesses may be compelled in such hearings by subpoenas issued by the president or secretary-treasurer of the Board over the seal thereof, and the president or secretary-treasurer shall in no case refuse to issue subpoenas upon praecipe filed therefor accompanied by the fee set by the Board by rule for the issuance of such subpoenas.

2. If any person refuses to obey a subpoena properly served upon such person or in the manner, the fact of such refusal shall be certified by the secretary-treasurer of the Board over the seal thereof to the district attorney of the county in which such service was had, and the court shall proceed to hear said matter in accordance with the statutes of this state then in force governing contempt as for disobedience of its own process.

M. 1. The State of Oklahoma is a proper and necessary party in the prosecution of all such actions and hearings before the Board in all matters pertaining to unprofessional conduct and disciplinary action. The Attorney General of the state, in person or by deputy, is authorized to appear in behalf thereof. The defendant in any such actions shall have the right to be represented by counsel.

2. The Board is empowered to enter into agreement with or employ one or more attorneys to conduct the business of the Board in the absence of representation by the Attorney General or designee or in conjunction with representation by the Attorney General or designee.

3. The Board shall sit as a trial body and the rulings of the Board shall be by majority vote. Appeal to the rulings thereof shall be by petition to the district court of the district in which the hearing was held. The secretary-treasurer of the Board shall cause a record of all proceedings to be made and a transcript of the proceedings or any part thereof may be obtained by payment of actual cost of taking and preparation of transcript of such proceedings or part thereof.

N. All final disciplinary actions, license denials, related findings of fact and conclusions of law are matters of public record. Voluntary surrender of and voluntary limitations on the veterinarian's practice or license shall be public record.

O. Certificate holders or faculty of veterinary medical schools shall report to the Board in writing any information that gives reason to believe a veterinarian is incompetent, guilty of unprofessional conduct or is unable to engage safely in the practice of veterinary medicine. Cause for reporting shall be for, but not limited to, the following instances:

1. Voluntary resignation from a professional partnership, corporation or practice for reason of inability to practice;

2. Malpractice claims, judgments, settlements or awards;

3. Civil or criminal convictions; or

4. Other actions that indicate inability to practice with reasonable skill and safety.

P. The Board shall consider violation of any of the Rules of Professional Conduct a violation of the Oklahoma Veterinary Practice Act section on unprofessional conduct and shall proceed with disciplinary action as set out in the Oklahoma Veterinary Practice Act.

Q. 1. In addition to other penalties prescribed by the Oklahoma Veterinary Practice Act, any person who the Board has determined by clear and convincing evidence to have violated any provisions of the Oklahoma Veterinary Practice Act, or any rule or order issued pursuant thereto shall be liable for an administrative penalty of not more than Five Thousand Dollars ($5,000.00) for each day that the violation continues.

2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of paragraph 1 of this subsection, after notice and hearing. In determining the amount of the penalty, the Board shall, by clear and convincing evidence, include, but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the Oklahoma Veterinary Practice Act.

3. All penalties collected pursuant to the provisions of this subsection shall be deposited in the Veterinary Medical Examiners Fund.

[FN1] See Title 75, § 250.1 for composition of articles.

CREDIT(S)

Laws 1990, c. 314, § 13, eff. Sept. 1, 1990; Laws 1997, c. 143, § 2, eff. Nov. 1, 1997; Laws 1999, c. 94, § 15, eff. Nov. 1, 1999.

 

§ 698.14b. Inability to practice due to mental illness or drug abuse-- Required submission to alcohol or drug testing--Actions of Board--Reporting of impaired performance

A. Impairment is defined as the inability of a person to practice veterinary medicine with reasonable skill and safety by reason of:

1. Mental illness; or

2. Habitual use or excessive use or abuse of drugs or chemicals defined in law as controlled substances or habit-forming substances, to include, but not be limited to, alcohol or other substances that impair the ability of the licensee or certificate holder to practice veterinary medicine.

B. Upon probable cause, the State Board of Veterinary Medical Examiners may require a licensee or certificate holder or applicant for license or certificate to submit to any test to determine the use of alcohol or drugs which affects the ability of the licensee or certificate holder to practice veterinary medicine. The Board, by rule, shall establish the nature and criteria for any such test. The results of the test shall be admissible in any hearing before the Board. Failure to submit to the required test by any licensee, certificate holder or applicant when properly directed to do so by the Board shall be grounds for disciplinary action against a licensee or certificate holder and, for any applicant, shall be grounds for denial of license or certificate.

C. Upon findings by the Board, after evaluation and hearing, that the licensee, certificate holder or applicant is impaired, the Board may take one of the following actions or any other action deemed appropriate to the circumstances by the Board:

1. Direct the person to submit to care, counseling or treatment acceptable to the Board;

2. Suspend, limit or restrict the license or certificate to practice for the duration of the impairment; or

3. Revoke or refuse to renew the license or certificate or deny the application.

D. Any person who is prohibited from practicing pursuant to the provisions of this section shall be afforded at reasonable intervals the opportunity to present evidence or material not before seen by the Board to demonstrate to the satisfaction of the Board that such person can resume or begin the practice of veterinary medicine with reasonable skill and safety; provided, that all fees have been paid and all requirements for licensure, certification, reinstatement or other form of authorization to practice have been satisfactorily completed.

E. 1. All licensees, certificate holders or faculty of veterinary medical schools shall report to the Board information about any and all colleagues that shows the colleagues are impaired.

2. The Board may establish rules for the approval of medically directed, nonprofit, voluntary treatment programs for impaired practitioners and to set standards for the treatment of practitioners.

3. The Board may exempt from reporting those who are conducting a Board-approved treatment program; provided that the impaired veterinarian who is participating in the program is doing so satisfactorily. Should the impaired veterinarian leave the program without first achieving a release by the program, the administrator of the program is required to report same to the Board. Participation in an approved treatment program does not protect an impaired veterinarian from Board action resulting from a report from another source of violation of the Oklahoma Veterinary Practice Act, whether related to the impairment or not.

4. Programs for the treatment of impaired professionals approved by this Board shall be reviewed annually or more frequently at the Board's discretion.

CREDIT(S)

Laws 1990, c. 314, § 14, eff. Sept. 1, 1990; Laws 1999, c. 94, § 17, eff. Nov. 1, 1999.

 

§ 698.15. Report of contagious or infectious diseases

It shall be the duty of every person engaged in the practice of veterinary medicine to report to the State Veterinarian of the State of Oklahoma the name of the owner or person in possession of all domestic animals afflicted with any contagious or infectious disease required to be reported to the State Board of Agriculture together with the location of the animals and the disease with which the animals are afflicted immediately upon such knowledge or information coming to such practitioners.

CREDIT(S)

Laws 1971, c. 126, § 15, emerg. eff. May 4, 1971; Laws 1999, c. 94, § 18, eff. Nov. 1, 1999.


 

§ 698.16. Abandoned animals

A. 1. Any animal except domestic animals as such term is defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed in the custody of a licensed veterinarian for services which is abandoned by its owner, the owner's agent, or any other person for a period of more than three (3) days after written notice is given by registered or certified mail, return receipt, is receipted, refused, unclaimed or by actual hand-delivery to the owner or the owner's agent at the last- known address of the owner or the owner's agent, shall be deemed abandoned and may be sold, disposed of in a humane manner by the veterinarian or turned over to the custody of the nearest humane society, or animal shelter.

2. Any animal except domestic animals as such term is defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed in the custody of a licensed veterinarian for, but not limited to, boarding, treatment, or any other care, which is abandoned by an anonymous individual for a period of more than five (5) days, shall be deemed to be abandoned and may be sold, disposed of in a humane manner by the veterinarian or turned over to the custody of the nearest humane society or animal shelter.

B. Any domestic animal as such term is defined by Section 85.1 of Title 4 of the Oklahoma Statutes placed in the custody of a licensed veterinarian for boarding, treatment or any other reason which is abandoned by the owner, the owner's agent or by an anonymous individual may be disposed of as required for estrays pursuant to Chapter 4 of Title 4 of the Oklahoma Statutes. [FN1]

C. 1. Compliance with the notice provisions of this section by the licensed veterinarian or the disposal of an animal pursuant to subsection B of this section, as provided in subsection A of this section, shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal.

2. Such procedure by a licensed veterinarian shall not constitute grounds for disciplining pursuant to the Oklahoma Veterinary Practice Act.

3. Compliance with this section shall relieve the veterinarian from liability for such disposal or sale.

CREDIT(S)

Laws 1971, c. 126, § 16, emerg. eff. May 4, 1971; Laws 1982, c. 192, § 9, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 15, eff. Sept. 1, 1990; Laws 1999, c. 94, § 19, eff. Nov. 1, 1999; Laws 2005, c. 172, § 2, eff. Nov. 1, 2005; Laws 2006, c. 72, § 1, eff. Nov. 1, 2006.

[FN1] Title 4, § 85.1 et seq.

 

§ 698.16a. Animal health records--Disclosure--Liability

A. Animal health records shall be the property of the owner or manager of a veterinary practice that has prepared such records, and shall include, but not be limited to, written records and notes, radiographs, sonographic images, video tapes, photographs, laboratory reports, or other diagnostic or case management information received as the result of consulting with other licensed veterinarians or medical specialists.

B. Each licensed veterinarian shall keep and maintain a legible patient record for a period of thirty-six (36) months from the date of the last visit of the patient. Each licensed or certificate holder veterinarian shall maintain records in a manner that will permit any authorized licensed veterinarian to proceed with the care and treatment of the animal, if required, by reading the medical record of that particular patient, and the record shall clearly explain the initial examination. The State Board of Veterinary Medical Examiners shall promulgate such rules as may be necessary to ensure that patient records include certain necessary elements.

C. The owner or manager of any veterinary practice maintaining animal health records shall provide the client or client's agent copies or a detailed written summary within ten (10) working days of a request made in writing by the owner, unless the records are required in an immediate life-threatening situation, at which time the original records, copies of the written records or a detailed written summary shall be forwarded to the attending or primary care-licensed veterinarian within the same working day. The owner or manager of any veterinary practice maintaining records shall furnish the copies pertaining to the case upon tender of the expense of such copy or copies. Cost of each copy shall not exceed the amount specified in the Open Records Act per page, and no more than a reasonable cost of duplicating diagnostic images, tapes, or radiographs. There shall be no search fees assessed for the production or retrieval of any medical records.

D. 1. No veterinarian licensed pursuant to the Oklahoma Veterinary Practice Act shall be required to disclose any information concerning the licensed veterinarian's care of an animal except on written authorization or by other waiver by the licensed veterinarian's client or on appropriate court order, by subpoena or as otherwise provided by this section.

2. Copies of or information from veterinary records shall be provided without the owner's consent to public or animal health, wildlife or agriculture authorities, employed by federal, state or local governmental agencies who have a legitimate interest in the contents of said records for the protection of animal and public health.

E. 1. Any licensed veterinarian releasing information under written authorization or other waiver by the client or under court order, by subpoena or as otherwise provided by this section shall not be liable to the client or any other person.

2. The privilege provided by this section shall be waived to the extent that the licensed veterinarian's client or the owner of the animal places the licensed veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding.

CREDIT(S)

Laws 1999, c. 94, § 20, eff. Nov. 1, 1999.

 

§ 698.16b. Persons reporting information or investigating--Liability

No person or entity which, in good faith, reports or provides information or investigates any person as authorized by the Oklahoma Veterinary Practice Act, shall be liable in a civil action for damages or relief arising from the reporting, providing of information or investigation except upon clear and convincing evidence that the report of information was completely false, or that the investigation was based on false information, and that the falsity was actually known to the person or entity making the report, providing the information or conducting the investigation at the time thereof.

CREDIT(S)

Laws 1999, c. 94, § 21, eff. Nov. 1, 1999.

 

§ 698.17. Good faith rendering of emergency care or treatment to animal or human victim--Liability

Any veterinarian or registered veterinary technician who is licensed or certified in this state or licensed veterinarian or licensed veterinary technician who is a resident of another state or the District of Columbia, and who in good faith renders or attempts to render emergency care or treatment to an animal at the scene of an accident or disaster or emergency care or treatment to a human victim thereof, shall not be liable for any civil damages as a result of any acts or omissions by such person rendering or attempting to render the emergency care or treatment.

CREDIT(S)

Laws 1971, c. 126, § 17, emerg. eff. May 4, 1971; Laws 1999, c. 94, § 22, eff. Nov. 1, 1999; Laws 2002, c. 172, § 4, eff. Nov. 1, 2002.

 

§ 698.18. Penalties

A. It shall be unlawful for any person to practice or attempt to practice veterinary medicine without a current license or certificate issued pursuant to the Oklahoma Veterinary Practice Act, or to knowingly aid or abet another person in the unlicensed practice or attempted practice of veterinary medicine in this state.

B. Any person who violates any of the provisions of subsection A of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine in an amount not less than Five Hundred Dollars ($500.00), nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.

CREDIT(S)

Laws 1971, c. 126, § 18, emerg. eff. May 4, 1971; Laws 1999, c. 94, § 23, eff. Nov. 1, 1999; Laws 2008, c. 358, § 4, eff. Nov. 1, 2008; Laws 2009, c. 237, § 1.



 

§ 698.19. Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989

 

§ 698.19A. Field citation--Probable cause committee--Contest hearing--Fine

A. 1. If, upon completion of an investigation, the Executive Director of the State Board of Veterinary Medical Examiners has probable cause to believe that a licensed veterinarian or any other person has violated provisions of the Oklahoma Veterinary Practice Act or rules promulgated thereto, the Executive Director may issue a field citation to the licensed veterinarian or other person, as provided in this section. Each field citation shall be in writing and shall describe with particularity the nature of the violation, including but not limited to a reference to the provision of the Oklahoma Veterinary Practice Act alleged to have been violated.

2. In addition, each field citation may contain an order of abatement fixing a reasonable time for abatement of the violation, and may contain an assessment of an administrative penalty not to exceed Five Hundred Dollars ($500.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or each subsequent offense. Each day such violation continues shall constitute a separate offense.

3. The field citation shall be served upon the licensed veterinarian or other person personally or by any certified mail, return receipt requested.

B. Before any field citation shall be issued to any licensed veterinarian, the Executive Director shall have submitted the alleged violation for the review and examination to a probable cause committee, comprised of the Board's attorney, an investigator, and a veterinarian licensed in the state of Oklahoma. The probable cause committee, during its review, may contact the licensed veterinarian to discuss and resolve the alleged violation. Upon conclusion of the probable cause committee's review, the committee shall prepare findings of fact and a recommendation. If the committee concludes that probable cause exists that the veterinarian has violated any provisions of the Oklahoma Veterinary Practice Act or rules promulgated thereto, an administrative penalty shall be assessed upon the licensed veterinarian.

C. 1. If a licensed veterinarian or other person who has been determined by the Board or agent thereof to have violated any provision of the Oklahoma Veterinary Practice Act or rules promulgated or issued pursuant thereto desires to contest a field citation or the proposed assessment of an administrative penalty therefore, the licensed veterinarian or other person shall, within ten (10) business days after service of the field citation, notify the Executive Director in writing, requesting an informal conference with the probable cause committee.

2. The probable cause committee shall hold, within sixty (60) days from the receipt of the written request, an informal conference. After the conclusion of the informal conference, and based on recommendations thereof, the Executive Director may affirm, modify or dismiss the field citation or proposed assessment of an administrative penalty and the Executive Director shall state with particularity in writing the reasons for the action, and shall immediately transmit a copy thereof to the licensed veterinarian or other person and the person who submitted the complaint.

D. 1. If the veterinarian or person desires to contest administratively, a decision made after the informal conference, the licensed veterinarian or other person shall inform the Executive Director in writing within thirty (30) calendar days after such person receives the decision resulting from the informal conference.

2. If the licensed veterinarian or other person fails to request an informal conference within the time specified in this section, the field citation, the proposed assessment of the administrative penalty or the decision made after an informal conference shall be deemed a final order of the Board and shall not be subject to further administrative reviews.

E. If a fine is paid to satisfy an assessment based on the findings of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for the purposes of public disclosure.

F. A veterinarian or other person, in lieu of contesting a field citation pursuant to this section, may transmit to the Board the amount assessed in the citation as an administrative penalty, within thirty (30) days after service of the field citation. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged.

G. 1. If a veterinarian or other person has notified the Executive Director within ten (10) working days of the issuance of the assessment or field citation that such veterinarian or other person intends to contest the decision made after the informal conference, the Board shall hold a hearing to be held in accordance with the Administrative Procedures Act and adjudicating such matters for judgment only upon clear and convincing evidence as required by the Oklahoma Veterinary Practice Act with the Board having all of the powers granted therein.

2. After the hearing, the Board shall issue a decision based on findings of the fact, affirming, modifying or vacating the citation, or directing other appropriate relief which shall include, but need not be limited to, a notice that the failure of the veterinarian or other person to comply with any provision of the Board's decision may subject such veterinarian or person to the imposition of the sanctions authorized by the Oklahoma Veterinary Practice Act.

H. After the exhaustion of the review procedures provided for in this section, the Board may bring an action for judicial review and administrative penalty and obtain an order compelling the cited person to comply with any order issued pursuant to this section.

I. Failure of a licensee to pay a fine within thirty (30) days of the date of assessment, unless the field citation is being appealed may result in action being taken by the Board. When a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for the renewal of the license. A license shall not be renewed without payment of the renewal fee and fine.

J. The Board shall promulgate rules covering the issuance of field citations, the assessment of administrative penalties and other duties specified by this section pursuant to this section which give due consideration to the appropriateness of the penalty with respect to the following factors:

a. the gravity of the violation,

b. the good faith of the person being charged, and

c. the history of previous violations.

CREDIT(S)

Laws 1999, c. 94, § 16, eff. Nov. 1, 1999.

 

§ 698.20. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

 

§ 698.21. Certified veterinary technician--Use of terms and titles--Person not considered to be veterinary technician

A. Individuals certified as veterinary technicians pursuant to the Oklahoma Veterinary Practice Act may use the terms registered veterinary technician, veterinary technician, or abbreviations such as CVT, RVT, and VT.

B. It shall be unlawful for any person to use any recognized title, abbreviation, or sign to indicate that such person is a registered veterinary technician, unless that person has been certified as having met the qualifications provided for in the Oklahoma Veterinary Practice Act. Such use shall be prima facie evidence of the intention to represent oneself as a registered veterinary technician.

C. A person shall not act as a veterinary technician in this state unless that person is certified by the Board and is under direct supervision of a veterinarian licensed pursuant to the provisions of the Oklahoma Veterinary Practice Act.

D. A person shall not be considered to be a registered veterinary technician in this state who:

1. Administers to animals for which such person holds title, unless such person has received title for the purpose of circumventing the Oklahoma Veterinary Practice Act; or

2. Is a regular student in a legally chartered and recognized curriculum for veterinary technician training, while in the performance of studies and acts assigned by that person's instructors.

CREDIT(S)

Laws 1980, c. 138, § 2, eff. Oct. 1, 1980; Laws 1992, c. 56, § 2, eff. Sept. 1, 1992; Laws 1999, c. 94, § 24, eff. Nov. 1, 1999; Laws 2002, c. 172, § 5, eff. Nov. 1, 2002.

 

§ 698.22. Candidates for examination--Employment by veterinarian of registered veterinary technician not required

A. The State Board of Veterinary Medical Examiners shall examine a candidate for certification as a veterinary technician. A candidate for examination shall pay to the secretary of the Board a reasonable fee established by rule of the Board and shall furnish satisfactory proof of graduation from a program of veterinary technology accredited by the American Veterinary Medical Association and approved by the Board.

B. The provisions of the Oklahoma Veterinary Practice Act shall not require a licensed veterinarian to hire a registered veterinary technician nor prohibit a licensed veterinarian from employing a veterinary assistant. Licensed veterinarians may delegate animal care responsibilities to employees commensurate with their training, experience, and skills.

C. On or before July 1 of each year, every registered veterinary technician shall apply to the State Board of Veterinary Medical Examiners for a renewal certificate of registration. Completion of the renewal certificate will permit the veterinary technician to be registered in Oklahoma during the next fiscal year. Forms for the renewal registration shall be furnished by the Board. Each renewal application shall be accompanied by a renewal fee in an amount to be established by the Board by rule.

A. The State Board of Veterinary Medical Examiners shall examine a candidate for certification as a veterinary technician. A candidate for examination shall pay to the secretary of the Board a reasonable fee established by rule of the Board and shall furnish satisfactory proof of graduation from a program of veterinary technology accredited by the American Veterinary Medical Association and approved by the Board.

B. The provisions of the Oklahoma Veterinary Practice Act shall not require a licensed veterinarian to hire a registered veterinary technician nor prohibit a licensed veterinarian from employing a veterinary assistant. Licensed veterinarians may delegate animal care responsibilities to employees commensurate with their training, experience, and skills.

C. On or before July 1 of each year, every registered veterinary technician shall apply to the State Board of Veterinary Medical Examiners for a renewal certificate of registration. Completion of the renewal certificate will permit the veterinary technician to be registered in Oklahoma during the next fiscal year. Forms for the renewal registration shall be furnished by the Board. Each renewal application shall be accompanied by a renewal fee in an amount to be established by the Board by rule.

CREDIT(S)

Laws 1980, c. 138, § 3, eff. Oct. 1, 1980; Laws 1992, c. 56, § 3, eff. Sept. 1, 1992; Laws 1999, c. 94, § 25, eff. Nov. 1, 1999; Laws 2002, c. 172, § 6, eff. Nov. 1, 2002; Laws 2005, c. 172, § 3, eff. Nov. 1, 2005.

 

§ 698.23. Issuance of certificate

Upon receiving from the State Board of Veterinary Medical Examiners a report that an applicant has successfully passed the examination and is recommended for certification, the Board shall issue a certificate in a form approved by the Board.

CREDIT(S)

Laws 1980, c. 138, § 4, eff. Oct. 1, 1980; Laws 1999, c. 94, § 26, eff. Nov. 1, 1999.

 

§ 698.24. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

 

§ 698.25. Revocation, suspension or refusal to renew--Probation

The State Board of Veterinary Medical Examiners may revoke, suspend or refuse to renew the certificate of a veterinary technician or place the veterinary technician on probation, after notice and opportunity for a hearing, upon a determination based on clear and convincing evidence of a violation of the Oklahoma Veterinary Practice Act or rules promulgated or orders issued pursuant thereto or any other law or rule relating to the practice of veterinary medicine.

CREDIT(S)

 Laws 1980, c. 138, § 6, eff. Oct. 1, 1980; Laws 1992, c. 56, § 5, eff. Sept. 1, 1992; Laws 1997, c. 143, § 3, eff. Nov. 1, 1997; Laws 1999, c. 94, § 27, eff. Nov. 1, 1999.

 

§ 698.26. Unauthorized practice of veterinary medicine--Emergency treatment--Improper use of title--Penalties

A. It is unlawful for a registered veterinary technician, veterinary technologist, nurse, veterinary assistant or other employee to diagnose animal diseases, prescribe medical or surgical treatment, or perform as a surgeon and such acts shall constitute the unlawful practice of veterinary medicine as prohibited in Section 698.18 of this title.

B. It is unlawful for any person to assume the title of registered veterinary technician, or the abbreviation RVT, or any other words, letters, signs, or figures that might induce a person to believe that the person using the name is a registered veterinary technician, when in fact such person is not certified.

C. A registered veterinary technician may perform emergency treatments in a life saving situation in accordance with rules promulgated by the Board.

D. Except as provided in Section 698.18 of this title, any person certified as a veterinary technician, veterinary technologist, veterinary nurse, or veterinary assistant who practices veterinary medicine contrary to the provisions of the Oklahoma Veterinary Practice Act, or any person who aids or abets another in the practice or attempted practice as a veterinary technician, veterinary technologist, veterinary nurse, or veterinary assistant without license or certification, or any person violating any provision of subsection B of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for a term of not less than thirty (30) days, nor more than six (6) months, or by both such fine and imprisonment. In addition to criminal penalties, the violator shall be subject to denial, revocation, suspension, probation or nonrenewal of certification by the Board.

E. The penalties provided in subsection D of this section shall not apply to a student enrolled in an accredited school of veterinary technology while the student is under the supervision of an instructor and is performing activities required as a part of the student's training.

F. Any veterinarian licensed in this state who permits or directs a veterinary technician, veterinary technologist, veterinary nurse, aide or animal attendant to perform a task or procedure in violation of the provisions of the Oklahoma Veterinary Practice Act, upon conviction, shall be guilty of aiding or abetting the unlicensed practice of veterinary medicine as prohibited by Section 698.18 of this title, and shall be, in addition to any criminal penalties, subject to revocation, probation, nonrenewal or suspension of license by the Board.

CREDIT(S)

Laws 1980, c. 138, § 7, eff. Oct. 1, 1980; Laws 1992, c. 56, § 6, eff. Sept. 1, 1992; Laws 1999, c. 94, § 28, eff. Nov. 1, 1999; Laws 2002, c. 172, § 7, eff. Nov. 1, 2002; Laws 2008, c. 358, § 5, eff. Nov. 1, 2008.

 

§ 698.27. Repealed by Laws 1999, c. 94, § 30, eff. Nov. 1, 1999

 

§ 698.28. Veterinary Medical Examiners Fund

There is hereby created in the State Treasury a revolving fund to be designated the “Veterinary Medical Examiners Fund” which shall consist of all monies received by the State Board of Veterinary Medical Examiners as provided by statute. The fund shall be a continuing fund not subject to fiscal year limitations. Monies accruing to the credit of the fund are hereby appropriated and may be expended by the Board for carrying out the provisions of the Oklahoma Veterinary Practice Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims submitted by the Board to the Director of the Office of Management and Enterprise Services for approval and payment.

CREDIT(S)

Laws 1982, c. 192, § 10, eff. April 22, 1982; Laws 1999, c. 94, § 29, eff. Nov. 1, 1999; Laws 2012, c. 304, § 267.

 

 

§ 698.29. Confidentiality of information

A. Except as provided in subsection D of this section, the State Board of Veterinary Medical Examiners and its employees, independent contractors, appointed committee members, or other agents shall keep confidential, all information obtained:

1. During an investigation of citizen complaints into allegations of violations of the Oklahoma Veterinary Practice Act, including:

a. any review or investigation made to determine whether to allow an applicant to take an examination, or

b. whether the Board shall grant a certificate, license, or permit; and

2. In the course of conducting an investigation, including:

a. investigative reports provided to the Board by a registrant, and

b. examinations and test scores.

B. To ensure the confidentiality of the information for the protection of the affected individual or entity, the information obtained shall not be deemed to be a record as that term is defined in the Oklahoma Open Records Act. [FN1]

C. Except as provided in subsection D of this section, information obtained by the Board or any of its agents shall be considered competent evidence in a court of competent jurisdiction only in matters directly related to actions of the Board and the affected individual or entity as a result of the Board obtaining the information and the information shall not be admissible as evidence in any other type of civil or criminal action.

D. At the discretion of the Board or any committee designated by the Board and in the interest of protecting the health, safety and welfare of the public, any information contained in the investigation files of the Board may upon request be provided to the following:

1. Any board or commission of the District of Columbia or any state or territory of the United States which exercises disciplinary authority; and

2. Any law enforcement agency which makes a proper showing that such information is necessary to conduct or complete a pending investigation of a crime not covered by the Oklahoma Veterinary Practice Act.

CREDIT(S)

Laws 2004, c. 78, § 1, eff. Nov. 1, 2004; Laws 2006, c. 72, § 2, eff. Nov. 1, 2006.

[FN1] Title 51, § 24A.1 et seq.

 

§ 698.30. Non-veterinary equine dental care provider certification

A. The State Board of Veterinary Medical Examiners shall annually certify any practitioner of teeth floating, known as a nonveterinary equine dental care provider and as defined by paragraph 25 of Section 698.2 of Title 59 of the Oklahoma Statutes. Certification shall be issued within ninety (90) days of application, and to be eligible for this certification, nonveterinary equine dental care providers shall provide proof of qualification to be a nonveterinary equine dental care provider using one of the following methods:

1. Completion of at least eighty (80) hours of training in equine dentistry at the Texas Institute of Equine Dentistry, the Academy of Equine Dentistry or a similar program approved by the State Board of Veterinary Medical Examiners; or

2. Certification as an equine dental technician by the International Association of Equine Dentistry or its equivalent by a similar certifying organization approved by the State Board of Veterinary Medical Examiners.

B. Prior to July 1, 2011, teeth floaters shall be granted certification upon submission of a signed and notarized affidavit from three persons who are residents of this state, stating that they know this individual and the individual is known by the community to be a nonveterinary equine dental care provider. Of the three residents, one shall be from a veterinarian that is licensed to practice in the state; and one shall be from the current president of any official statewide association representing horses, horse breeds or horsemen, or a horse owner currently residing in the state.

C. Proof of four (4) hours of continuing education shall be required for annual certification renewal for teeth floaters. This continuing education shall be a course approved by the Texas Institute of Equine Dentistry, the Academy of Equine Dentistry, the State Board of Veterinary Medical Examiners, the International Association of Equine Dentistry or a similar organization approved by the State Board of Veterinary Medical Examiners and shall be obtained in the twelve-month period immediately preceding the year for which the certification is to be issued.

D. If prescription drugs, not to include any controlled dangerous substances as defined in the Uniform Controlled Dangerous Substances Act, are to be used in nonveterinary equine dental care procedures, the equine owner shall contact a veterinarian licensed by the state. If the veterinarian deems that prescription drugs, not to include any controlled dangerous substances as defined in the Uniform Controlled Dangerous Substances Act, are necessary, the veterinarian may assemble those drugs and may allow the owner or the owner's agent, who can be a nonveterinary equine dental care provider, to pick up those drugs and deliver them to the equine owner. No prescription drugs shall be prescribed, dispensed, or administered without the establishment of a valid client-patient relationship between the equine owner and the veterinarian. Prescription drugs must be used in accordance with United States Food and Drug Administration regulations.

E. Complaints related to any teeth floater shall be filed with the State Veterinarian through the Oklahoma Department of Agriculture, Food, and Forestry. The State Veterinarian may investigate complaints, and may forward findings as it deems appropriate to the appropriate law enforcement entity.

CREDIT(S)

Laws 2010, c. 112, § 4.

 

§ 698.30a. Nonveterinary reproductive services technician--Certification requirements

A. The State Board of Veterinary Medical Examiners shall certify an individual as a nonveterinary reproductive services technician who qualifies and passes a written certification examination approved by the Board and who holds a Ph.D. from an accredited college or university with emphasis in animal reproductive physiology, or a Master of Science degree from an accredited college or university with emphasis in animal reproductive physiology and Board Certification in animal physiology by the American Registry of Professional Animal Scientists, which certification authorizes them to provide nonveterinary reproductive services as defined in the Oklahoma Veterinary Practice Act.

B. Prior to July 1, 2012, an individual with a Bachelor of Science degree from an accredited college or university, which includes completion of at least six (6) semester hours in reproductive physiology and who has practical experience in embryo transfer in ruminating animals as verified in writing by sworn affidavit from at least two client animal owners and from two approved certified members of the American Embryo Transfer Association, shall be allowed to become certified as a nonveterinary reproductive services technician upon passing a written certification examination approved by the Board.

C. In connection with performing nonveterinary reproductive services, federal legend drugs shall be prescribed and dispensed only on the order of a licensed veterinarian who has an existing veterinarian-client-patient relationship as defined by the Oklahoma Veterinary Practice Act and the rules of the Board and shall only be administered in accordance with the act. Every nonveterinary reproductive services technician shall keep and maintain medical records that include the source of any prescription drugs used in connection with providing nonveterinary reproductive services, including the name and address of the veterinarian prescribing or dispensing the drugs, the date the drugs are received, the species and description of the animal involved, the animal owner or client name and address, and the medications administered including date and dosage. All medical records pertaining to prescription drugs shall be made available for inspection by the Board or the Board's agent upon request and must be kept and maintained for a period of two (2) years from the date the drug was administered.

D. Proof of at least eight (8) hours of continuing education from courses and study approved by the Board shall be required for annual certification renewal as a nonveterinarian reproductive services technician.

E. The certification examination and continuing education described in this section shall be approved by the Examination Committee that is overseen by the Board and consists of:

1. A veterinarian designated by the Dean of the Oklahoma State University Center of Veterinary Health Sciences;

2. An animal scientist with a Ph.D. with an emphasis in animal reproductive physiology designated by the head of the Oklahoma State University Department of Animal Science; and

3. An animal embryologist as designated by the American Embryo Transfer Association.

CREDIT(S)

Laws 2011, c. 83, § 3, eff. Nov. 1, 2011.

 

§ 698.30b. Animal Technology Advisory Committee--Oversight--Members

A. The Animal Technology Advisory Committee shall be overseen by the Board and the Oklahoma Department of Agriculture, Food, and Forestry and shall investigate, examine, discuss and determine whether any new or evolving technology, procedure, method or practice should be considered or designated an act of animal husbandry, the practice of veterinary medicine, or added to the list of acts not prohibited in paragraph 1 of Section 698.12 of the Oklahoma Veterinary Practice Act.

B. The Animal Technology Advisory Committee shall be chaired by the State Veterinarian employed by the Department who shall have the following duties:

1. Call and give notice of all meetings of the committee;

2. Establish the agenda for the meetings of the committee;

3. Keep and maintain minutes of all meetings of the committee; and

4. Publish and distribute all determinations of the committee to the State Board of Veterinary Medical Examiners and Oklahoma Department of Agriculture, Food, and Forestry.

C. In addition to the chairperson, who shall be a nonvoting member, the Animal Technology Advisory Committee shall be comprised of the following voting members:

1. Two veterinarians appointed by the Board;

2. One veterinarian appointed by the head of the Oklahoma State University Center of Veterinary Health Sciences;

3. Two individuals actively involved in the livestock industry appointed by the Secretary of Agriculture; and

4. One faculty member of the Oklahoma State University Department of Animal Science appointed by the head of the Department.

D. Recommendations of the Advisory Committee shall be made by a majority vote of the voting members of the committee and shall be presented to the Board, in writing, for consideration and review at least thirty (30) days before a regularly scheduled meeting of the Board. The Board shall consider the committee recommendations and if approved take necessary action through the rulemaking process to adopt the rules accordingly.

CREDIT(S)

Laws 2011, c. 83, § 4, eff. Nov. 1, 2011.

 

Large Animal Veterinarian Incentive Act

§ 698.31. Short title

This act [FN1] shall be known and may be cited as the “Large Animal Veterinarian Incentive Act”.

CREDIT(S)

Laws 2008, c. 338, § 1, eff. Nov. 1, 2008.

[FN1] Title 59, § 698.31 et seq.

 

§ 698.32. Definitions

As used in the Large Animal Veterinarian Incentive Act:

1. “Veterinary Center” means the Center for Veterinary Health Sciences at Oklahoma State University;

2. “Program” means the veterinary training program for rural Oklahoma established pursuant to Section 3 of this act; [FN1] and

3. “Program agreement” means an agreement to meet all the obligations provided in Section 3 of this act by a person who is a first-year veterinary student at the Veterinary Center or currently practicing large animal veterinarian in exchange for the benefits provided in Section 3 of this act.

CREDIT(S)

Laws 2008, c. 338, § 2, eff. Nov. 1, 2008.

[FN1] Title 59, § 698.33.


§ 698.33. Veterinary training program for rural Oklahoma

A. There is hereby established the veterinary training program for rural Oklahoma to be administered by the Oklahoma State University Center for Veterinary Health Sciences. The program shall be developed and implemented in order to provide encouragement, opportunities, and incentives for persons pursuing a veterinary medicine degree at Oklahoma State University to locate their veterinary practice in rural Oklahoma communities, and receive specialized training targeted to meet the needs of livestock producers in rural Oklahoma communities.

B. Subject to available funds, each year the Veterinary Center may enter into program agreements with up to three first-year veterinary students or currently practicing large animal veterinarians with qualifying school loans, as determined by the Veterinary Center. Preference shall be given to those students and large animal veterinarians who are Oklahoma residents and who agree to serve in a community as described in paragraph 3 of subsection D of this section, which is determined by the Veterinary Center to be an underserved area for the practice of veterinary medicine.

C. Subject to available funds, each student or large animal veterinarian entering into a program agreement under this section shall receive assistance in an amount not to exceed Twenty Thousand Dollars ($20,000.00) per year for not more than four (4) years for tuition, books, supplies, and other school expenses, and travel and training expenses incurred by the student in pursuing a veterinary medicine degree. Upon satisfaction of all commitments under the provisions of the agreement and the provisions of this section, the financial obligations pursuant to this section shall be deemed satisfied and forgiven.

D. Each program agreement shall require that the person receiving the assistance:

1. Complete the veterinary medicine degree program at the Veterinary Center;

2. Complete all requirements in public health, livestock biosecurity, foreign animal disease diagnosis, regulatory veterinary medicine and zoonotic disease, and an externship and mentoring requirement with a licensed, accredited veterinarian in rural Oklahoma as required by the Veterinary Center;

3. Engage in the full-time practice of veterinary medicine in any community in Oklahoma which has a population not exceeding twenty-five thousand (25,000) as determined by the most recent Federal Decennial Census at the time the person entered into the program agreement for a period of at least twelve (12) continuous months for each separate year a student receives assistance under the program, unless the obligation is otherwise satisfied as provided in this section. If, after the date a program agreement was entered into by the parties, a community no longer meets the maximum population requirements provided in this paragraph, a person engaging in the full-time practice of veterinary medicine pursuant to the program agreement shall continue to practice in that designated community; and

4. Commence the full-time practice of veterinary medicine in that community within ninety (90) days after completion of the person's degree program, or if the person enters a postdegree training program, such as a graduate school or internship or residency program, within ninety (90) days after completion of the postdegree training program.

E. Upon the failure of a person to satisfy the obligation to engage in the full-time practice of veterinary medicine in accordance with the provisions of this section, that person shall repay to the Veterinary Center, within ninety (90) days of the failure, the amount equal to the assistance provided to the person less a prorated amount based on any periods of practice of veterinary medicine meeting the requirements of this section, plus interest at the prime rate of interest plus two percent (2%) from the date the assistance accrued. The interest shall be compounded annually.

F. An obligation to engage in the practice of veterinary medicine in accordance with the provisions of this section shall be postponed during:

1. Any period of temporary medical disability during which the person obligated is unable to practice veterinary medicine due to the disability; and

2. Any other period of postponement agreed to or determined in accordance with criteria agreed to in the practice agreement.

G. An obligation to engage in the practice of veterinary medicine in accordance with the provisions of the agreement and this section shall be satisfied:

1. If the obligation to engage in the practice of veterinary medicine in accordance with the agreement has been completed;

2. If, because of permanent disability, the person obligated is unable to practice veterinary medicine; or

3. The person who is obligated dies.

H. The Veterinary Center may adopt additional provisions, requirements, or conditions to participate in this program as are practicable and appropriate to accomplish the provisions of the program or may be required for the implementation or administration of the program, and are not inconsistent with the provisions of this section.

I. The Veterinary Center shall not enter into any program agreements pursuant to the provisions of this section after July 1, 2018. All agreements entered into prior to such date shall be valid.

CREDIT(S)

Laws 2008, c. 338, § 3, eff. Nov. 1, 2008.


 



Top of Page
Share |