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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2685 By: Hasenbeck
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2011, Sections 698.2, 698.3, as last
amended by Section 3, Chapter 11 6, O.S.L. 2020,
698.4, 698.7, as amended by Section 14, Chapter 428,
O.S.L. 2019, 698.8, 698.30, 698.30a and 698.33 (59
O.S. Supp. 2020, Sections 698.3 and 698.7), which
relate to the Oklahoma Veterinary Practice Act ;
modifying definitions; re -creating the State Board of
Veterinary Medical Examiners ; modifying termination
date; removing obsolete language; modifying powers
and duties of the Board; modifying reciprocity of
license; modifying certification of nonveterinary
equine dental care; removing obsolete language;
extending prohibition for program agreements; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 698.2, is
amended to read as f ollows:
Section 698.2 As used in the Oklahoma Veterinary Practice Act:
1. "Board" means the State Board of Veterinary Medical
Examiners;
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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, and 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;
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7. "Veterinary technologist " means a person who h as
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
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premises in an animal hospital setting or in the sa me
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 medic ine 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 t he 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
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general or preliminary diagnosis of th e 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 v isits 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, outp atient 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
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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 adequa te 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 sk ill 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 o fficial;
18. "Telemedicine" or "telehealth" 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 ve terinarian or
board-certified medical specialist for the purpose of consulting
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regarding case management with the primary care licensed
veterinarian who transmits the cases means the practice of
veterinary medicine, including diagnosis, consultation, evalu ation,
treatment, transfer of medical data or exchange of information by
means of a two-way, real-time interactive communication between a
client or patient and a veterinarian with access to and reviewing
the patient's relevant information prior to the tel emedicine visit.
Telemedicine or telehealth shall not include consultations provided
by telephone audio-only communication. A veterinarian using
telehealth technologies shall take appropriate steps to establish
the veterinarian-client-patient relationship and conduct all
appropriate evaluations and history of the patient consistent with
traditional standards of care for the particular patient
presentation. A veterinarian shall be licensed, or under the
jurisdiction of, the veterinary board of the jurisdic tion where the
patient is located. The practice of medicine occurs where the
patient is located at the time telehealth technologies are used ;
19. "Person" means any individual, firm, partnership,
association, joint venture, cooperative, corporation, or a ny 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,
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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 (vcs) (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
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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 d omestic 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 Boa rd 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
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production of embryos, the flushing of those embryos, collecting,
grading and transferr ing 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
698.30b of this title 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 this title. Reference to the advisory committee in this act
shall mean the Animal Tec hnology Advisory Committee; and
29. "Examination Committee " means the committee established and
described in subsection E D of Section 3 of this act 698.30a of this
title related to nonveterinary reproductive services; and
30. "Probable Cause Committee " means the committee consisting
of the Board's secretary or treasurer, investigator and attorney to
negotiate and settle disputes in accordance with Oklahoma Veterinary
Practice Act.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 698.3, as
last amended by Section 3, Chapter 116, O.S.L. 2020 (59 O.S. Supp .
2020, Section 698.3), is amended to read as follows:
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Section 698.3 A. The State Board of Veterinary Medical
Examiners is hereby re -created, to continue until July 1, 2023 2025,
in accordance with the provisions of the Oklahoma Sunset Law, 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 ca pacity 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 d egree by consanguinity,
marriage or adoption or of a business or professional
associate.
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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 necess ary
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 un lawful 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.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 698.4, is
amended to read as follows:
Section 698.4 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.
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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 activ e 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 e ach 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 redraw n 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 repres ented 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 veterina rian 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.
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5. Members must be resident s 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 advocatin g 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, b ut not be limited to, if a member:
1. Ceases to be qualified;
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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.
SECTION 4. AMENDATORY 59 O.S. 2011, Section 698.7, as
amended by Section 14, Chapter 428, O.S.L. 2019 (59 O.S. Supp. 2020 ,
Section 698.7), is amended to read as follows:
Section 698.7 The State Board of Veterinary Medical Examin ers
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 a nd 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 a cceptable to the
Board or employ or enter into agreements with
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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 l icensure;
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 ab out 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 relat ing 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,
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d. require supporting documentation or other acceptable
verifying evidence for any in formation 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, ot her 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 form s 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, 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
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decisions on such matters to discipline license es 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 examinatio n 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 fo r 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
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rehabilitation of the licensee or certificate
holder,
(2) establish by rules cooperation with other
professional organizations for the identification
and monitoring of licensees and cer tificate
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 susp end 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 req uire 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;
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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. Such
continuing education shall include not less than one (1) hour of
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education in pain management or one (1) hour of education in opioid
use or addiction annually, unless the licensee has demonstrated to
the satisfaction of the Board that the licensee does not currently
hold a valid federal Drug Enforcement Administration registration
number;
20. Establish minimum standards for vet erinary 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 th e
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 mon ey 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
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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 ch iropractic 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
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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. Give scholarships, as determined by the Board , to an
individual advancing toward obtaining a degree in veterinary
medicine from an Oklahoma higher education institution , and take
such other action as may be reasonably necessary or appropriate to
effectuate the Oklahoma Veterinary Practice Act . The Board may, at
its discretion, contract with other state agencies and nonprofit
corporations for the endowment, management and administration of
scholarships. The requirements of such scholarships shall be
determined by the Board. However, nothing containe d herein shall be
construed as requiring the Board to endow or award any scholarship ;
and
26. Perform such other duties and exercise such other powers as
the provisions and enforcement of the Oklahoma Veterinary Practice
Act may require.
SECTION 5. AMENDATORY 59 O.S. 2011, Section 698.8, is
amended to read as follows:
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Section 698.8 A. It shall be unlawful to practice veterinary
medicine in this state without a license or certificate issued by
the State Board of Veterinary Medica l 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 m edicine 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 veteri nary
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
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satisfactory to the Board. Documents and material
submitted in support of application for licensure or
certification, if in a fo reign 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 veterin ary 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,
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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.
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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.
E. Any active military or their spouse who is licensed in
veterinary medicine or is registered or certified as a veterinary
technician in another state may submit a completed ap plication for
licensure or registration in Oklahoma and if found to be in goo d
standing and has equivalent education, training and experience shall
be licensed within thirty (30) days. The application fee and the
first period of issuance shall be waived f or such active military or
their spouse.
SECTION 6. AMENDATORY 59 O.S. 2011, Section 698.30, is
amended to read as follows:
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Section 698.30 A. The State Board of Veterinary Medical
Examiners shall annually certify any practitione r 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 this title. Certification shall be issued within ninety
(90) days of application, and to be elig ible 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 a nonveterinary equine dental technician
care provider 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 submissio n 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 sh all be from a veterinarian that is licensed
to practice in the state; and one shall be from the current
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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 a
nonveterinary equine dental care provider . 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. C. If prescription drugs , not to include any controlled
dangerous substances as defined in the Uniform Controlled Dangerous
Substances Act, are to be used in nonve terinary 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 Dangero us 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
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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 Administra tion regulations.
E. D. Complaints related to any teeth floater nonveterinary
equine dental care provider shall be filed with the State
Veterinarian through the Oklahoma Department of Agriculture, Food,
and Forestry. The State Veterinarian may investigat e complaints,
and may forward findings as it deems appropriate to the appropriate
law enforcement entity.
SECTION 7. AMENDATORY 59 O.S. 2011, Section 698.30a, is
amended to read as follows:
Section 698.30a 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 w ith 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 Ani mal Scientists, which
certification authorizes them to provide nonveterinary reproductive
services as defined in the Oklahoma Veterinary Practice Act.
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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 a nd 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 c lient
name and address, and the medications administered including date
and dosage. All medical records pertaining to prescription drugs
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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. C. 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 rep roductive
services technician.
E. D. 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 o f 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.
SECTION 8. AMENDATORY 59 O.S. 2011, Section 698.33, is
amended to read as follows:
Section 698.33 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
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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. Pref erence 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 t he
provisions of the agreement and the provisions of this section, the
financial obligations pursuant to this section shall be deemed
satisfied and forgiven.
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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
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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 pers on 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 ass istance 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.
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G. An obligation to engage in the practice of v eterinary
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 perman ent 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 progr am
agreements pursuant to the provisions of this section after July 1,
2018 2025. All agreements entered into prior to such date shall be
valid.
SECTION 9. This act shall become effective November 1, 2021.
58-1-6179 AMM 01/10/21