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Oklahoma House Bill HB2685

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2685 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 58th Legislature (2021)
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3232 HOUSE BILL 2685 By: Hasenbeck
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3838 AS INTRODUCED
3939
4040 An Act relating to professions and occupations;
4141 amending 59 O.S. 2011, Sections 698.2, 698.3, as last
4242 amended by Section 3, Chapter 11 6, O.S.L. 2020,
4343 698.4, 698.7, as amended by Section 14, Chapter 428,
4444 O.S.L. 2019, 698.8, 698.30, 698.30a and 698.33 (59
4545 O.S. Supp. 2020, Sections 698.3 and 698.7), which
4646 relate to the Oklahoma Veterinary Practice Act ;
4747 modifying definitions; re -creating the State Board of
4848 Veterinary Medical Examiners ; modifying termination
4949 date; removing obsolete language; modifying powers
5050 and duties of the Board; modifying reciprocity of
5151 license; modifying certification of nonveterinary
5252 equine dental care; removing obsolete language;
5353 extending prohibition for program agreements; and
5454 providing an effective date .
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. AMENDATORY 59 O.S. 2011, Section 698.2, is
6262 amended to read as f ollows:
6363 Section 698.2 As used in the Oklahoma Veterinary Practice Act:
6464 1. "Board" means the State Board of Veterinary Medical
6565 Examiners;
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9292 2. "Animal" means any animal other than humans and includes,
9393 but is not limited to, fowl, fish, birds and reptiles, wild or
9494 domestic, living or dead;
9595 3. "Veterinarian" means a person who has received a degree in
9696 veterinary medicine or its equivalent from a school of veterinary
9797 medicine;
9898 4. "Licensed veterinarian " means any veterinarian who holds an
9999 active license to practice veterinary medicine in this state;
100100 5. "School of veterinary medicine " means any veterinary college
101101 or division of a university or college that offers the degree of
102102 doctor of veterinary medicine or its equivalent, which conforms to
103103 the standards required for accreditation by the American Veterinary
104104 Medical Association (AVMA) and which is recognized and approved by
105105 the Board;
106106 6. "Veterinary technician " means a person who has graduated
107107 from a program accredited by the American Veterinary Medical
108108 Association, or its equivalent which is recognized and approved by
109109 the Board, and who has passed the examination requirements set forth
110110 by the Board, and is certified to practice under the direct
111111 supervision of a licensed veterinarian. For the purpose of the
112112 Oklahoma Veterinary Practice Act, "registered veterinary technician
113113 (RVT)" will be used interchangeably with veterinary technician who
114114 is certified pursuant to Sections 698.21 through 698.26 of this
115115 title;
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142142 7. "Veterinary technologist " means a person who h as
143143 successfully graduated from an AVMA -accredited bachelor degree
144144 program of veterinary technology, or its AVMA equivalent;
145145 8. "Veterinary assistant " means an individual who may perform
146146 the duties of a veterinary technician or veterinary technologist,
147147 however, has not graduated from an AVMA -accredited technology
148148 program or its equivalent, and has not been certified by the Board;
149149 9. "Veterinary technology " means the science and art of
150150 providing all aspects of professional medical care, services, and
151151 treatment for animals with the exception of diagnosis, prognosis,
152152 surgery, and prescription of any treatments, drugs, medications, or
153153 appliances, where a valid veterinarian -client-patient relationship
154154 exists;
155155 10. "Direct supervision" means:
156156 a. directions have been given to a veterinary technician,
157157 nurse, laboratory technician, intern, veterinary
158158 assistant or other employee for medical care following
159159 the examination of an animal by the licensed
160160 veterinarian responsible for the professional care of
161161 the animal, or
162162 b. that, under certain circumstances following the
163163 examination of an animal by a licensed veterinarian
164164 responsible for the professional care of the animal,
165165 the presence of the licensed veterinarian on the
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192192 premises in an animal hospital setting or in the sa me
193193 general area in a range setting is required after
194194 directions have been given to a veterinarian who has a
195195 certificate issued pursuant to Section 698.8 of this
196196 title;
197197 11. "License" means authorization to practice veterinary
198198 medicine granted by the Board to an individual found by the Board to
199199 meet certain requirements pursuant to the Oklahoma Veterinary
200200 Practice Act or any other applicable statutes;
201201 12. "Supervised Doctor of Veterinary Medicine Certificate "
202202 means authorization to practice veterinary medic ine with certain
203203 limitations or restrictions on that practice, set by the Board or
204204 authorization to perform certain enumerated functions peripheral to
205205 the practice of veterinary medicine as set by the Board and has a
206206 certificate issued pursuant to Section 698.8 of this title;
207207 13. "Veterinarian-client-patient relationship " means when:
208208 a. the licensed veterinarian has assumed the
209209 responsibility for making medical judgments regarding
210210 the health of an animal or animals and the need for
211211 medical treatment, and t he client, owner or other
212212 caretaker has agreed to follow the instructions of the
213213 licensed veterinarian, and
214214 b. there is sufficient knowledge of the animal or animals
215215 by the licensed veterinarian to initiate at least a
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242242 general or preliminary diagnosis of th e medical
243243 condition of the animal or animals in that:
244244 (1) the licensed veterinarian has recently seen or is
245245 personally acquainted with the keeping and care
246246 of the animal or animals, or
247247 (2) the licensed veterinarian has made medically
248248 necessary and timely v isits to the premises where
249249 the animal or animals are kept or both, and
250250 c. the licensed veterinarian is readily available for
251251 follow-up in case of adverse reactions or failure of
252252 the regimen of therapy, or has arranged for emergency
253253 medical coverage, and
254254 d. the licensed veterinarian 's actions would conform to
255255 applicable federal law and regulations;
256256 14. "Veterinary premises" means any facility where the practice
257257 of veterinary medicine occurs, including, but not limited to, a
258258 mobile unit, mobile clinic, outp atient clinic, satellite clinic,
259259 public service outreach of a veterinary facility, or veterinary
260260 hospital or clinic. The term "veterinary premises" shall not
261261 include the premises of a client of a licensed veterinarian or
262262 research facility;
263263 15. "Veterinary prescription drugs " means such prescription
264264 items as are in the possession of a person regularly and lawfully
265265 engaged in the manufacture, transportation, storage, or wholesale or
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292292 retail distribution of veterinary drugs and the federal Food and
293293 Drug Administration-approved human drugs for animals which because
294294 of their toxicity or other potential for harmful effects, or method
295295 of use, or the collateral measures necessary for use, are labeled by
296296 the manufacturer or distributor in compliance with federal law and
297297 regulations to be sold only to or on the prescription order or under
298298 the supervision of a licensed veterinarian for use in the course of
299299 professional practice. Veterinary prescription drugs shall not
300300 include over-the-counter products for which adequa te directions for
301301 lay use can be written;
302302 16. "ECFVG certificate" means a certificate issued by the
303303 American Veterinary Medical Association Education Commission for
304304 Foreign Veterinary Graduates, indicating that the holder has
305305 demonstrated knowledge and sk ill equivalent to that possessed by a
306306 graduate of an accredited or approved college of veterinary
307307 medicine;
308308 17. "Executive Director" means the Executive Director of the
309309 State Board of Veterinary Medical Examiners or the authorized
310310 representative of such o fficial;
311311 18. "Telemedicine" or "telehealth" shall mean the transmission
312312 of diagnostic images such as, but not limited to, radiographs,
313313 ultrasound, cytology, endoscopy, photographs and case information
314314 over ordinary or cellular phone lines to a licensed ve terinarian or
315315 board-certified medical specialist for the purpose of consulting
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342342 regarding case management with the primary care licensed
343343 veterinarian who transmits the cases means the practice of
344344 veterinary medicine, including diagnosis, consultation, evalu ation,
345345 treatment, transfer of medical data or exchange of information by
346346 means of a two-way, real-time interactive communication between a
347347 client or patient and a veterinarian with access to and reviewing
348348 the patient's relevant information prior to the tel emedicine visit.
349349 Telemedicine or telehealth shall not include consultations provided
350350 by telephone audio-only communication. A veterinarian using
351351 telehealth technologies shall take appropriate steps to establish
352352 the veterinarian-client-patient relationship and conduct all
353353 appropriate evaluations and history of the patient consistent with
354354 traditional standards of care for the particular patient
355355 presentation. A veterinarian shall be licensed, or under the
356356 jurisdiction of, the veterinary board of the jurisdic tion where the
357357 patient is located. The practice of medicine occurs where the
358358 patient is located at the time telehealth technologies are used ;
359359 19. "Person" means any individual, firm, partnership,
360360 association, joint venture, cooperative, corporation, or a ny other
361361 group or combination acting in concert, and whether or not acting as
362362 a principal, trustee, fiduciary, receiver, or as any other kind of
363363 legal or personal representative, or as the successor in interest,
364364 assignee, agent, factor, servant, employee, director, officer,
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391391 fictitious name certificate, or any other representative of such
392392 person;
393393 20. "Food animal" means any mammalian, poultry, fowl, fish, or
394394 other animal that is raised primarily for human food consumption;
395395 21. "Surgery" means the branch of veterinary science conducted
396396 under elective or emergency circumstances, which treats diseases,
397397 injuries and deformities by manual or operative methods including,
398398 but not limited to, cosmetic, reconstructive, ophthalmic,
399399 orthopedic, vascular, thoracic, and obstetric procedures. The
400400 provisions in Section 698.12 of this title shall not be construed as
401401 surgery;
402402 22. "Abandonment" means to forsake entirely or to neglect or
403403 refuse to provide or perform the legal obligations for care and
404404 support of an animal by its owner, or the owner 's agent.
405405 Abandonment shall constitute the relinquishment of all rights and
406406 claims by the owner to an animal;
407407 23. "Animal chiropractic diagnosis and treatment " means
408408 treatment that includes vertebral subluxation complex (vcs) (VSC)
409409 and spinal manipulation of nonhuman vertebrates. The term "animal
410410 chiropractic diagnosis and treatment " shall not be construed to
411411 allow the:
412412 a. use of X-rays,
413413 b. performing of surgery,
414414 c. dispensing or administering of medications, or
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441441 d. performance of traditional veterinary care;
442442 24. "Animal euthanasia technician " means an employee of a law
443443 enforcement agency, an animal control agency, or animal shelter that
444444 is recognized and approved by the Board, who is certified by the
445445 Board and trained to administer sodium pentobarbital to euthanize
446446 injured, sick, homeless or unwanted d omestic pets and other animals;
447447 25. "Teeth floating", as provided by a nonveterinary equine
448448 dental care provider, means the removal of enamel points and the
449449 smoothing, contouring and leveling of dental arcades and incisors of
450450 equine and other farm animals. It shall not include dental
451451 procedures on canines and felines;
452452 26. "Nonveterinary reproductive services " means nonveterinary
453453 services provided by an individual certified by the Boa rd as a
454454 nonveterinary reproductive services technician, and involves and
455455 shall be limited to nonsurgical embryo transfer in ruminating
456456 animals including cattle, sheep, goats, farmed deer and other
457457 ruminating exotic animals such as those found in zoos, and may
458458 include basic ultrasonography of their ovaries to evaluate the
459459 response to embryo-transfer-associated procedures and of the uterus
460460 to determine pregnancy by the detection of a heartbeat within the
461461 transferred embryo at or greater than twenty -eight (28) days of
462462 gestation of such ruminating animals;
463463 27. "Embryo transfer" means the biosecure process of inducing
464464 increased ovulations within a donor female for the in vivo
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491491 production of embryos, the flushing of those embryos, collecting,
492492 grading and transferr ing of those embryos to recipient females, or
493493 the cryopreservation of those embryos for storage and later transfer
494494 to recipient females;
495495 28. "Animal Technology Advisory Committee " means the advisory
496496 committee established by the Board pursuant to Section 4 of this act
497497 698.30b of this title to advise and make recommendations to the
498498 Board regarding any new and evolving technology, procedure, method
499499 or practice that may be considered or otherwise designated as an act
500500 of animal husbandry that should be included as an act not prohibited
501501 in paragraph 1 of Section 698.12 of the Oklahoma Veterinary Practice
502502 Act this title. Reference to the advisory committee in this act
503503 shall mean the Animal Tec hnology Advisory Committee; and
504504 29. "Examination Committee " means the committee established and
505505 described in subsection E D of Section 3 of this act 698.30a of this
506506 title related to nonveterinary reproductive services; and
507507 30. "Probable Cause Committee " means the committee consisting
508508 of the Board's secretary or treasurer, investigator and attorney to
509509 negotiate and settle disputes in accordance with Oklahoma Veterinary
510510 Practice Act.
511511 SECTION 2. AMENDATORY 59 O.S. 2011, Section 698.3, as
512512 last amended by Section 3, Chapter 116, O.S.L. 2020 (59 O.S. Supp .
513513 2020, Section 698.3), is amended to read as follows:
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540540 Section 698.3 A. The State Board of Veterinary Medical
541541 Examiners is hereby re -created, to continue until July 1, 2023 2025,
542542 in accordance with the provisions of the Oklahoma Sunset Law, to
543543 regulate and enforce the practice of veterinary medicine in this
544544 state in accordance with the Oklahoma Veterinary Practice Act.
545545 B. 1. The duty of determining a person's initial and
546546 continuing qualification and fitness for the practice of veterinary
547547 medicine, of proceeding against the unlawful and unlicensed practice
548548 of veterinary medicine and of enforcing the Oklahoma Veterinary
549549 Practice Act is hereby delegated to the Board. That duty shall be
550550 discharged in accordance with the Oklahoma Veterinary Practice Act
551551 and other applicable statutes.
552552 2. a. It is necessary that the powers conferred on the Board
553553 by the Oklahoma Veterinary Practice Act be construed
554554 to protect the health, safety and welfare of the
555555 people of this state.
556556 b. No member of the Board, acting in that ca pacity or as
557557 a member of any Board committee, shall participate in
558558 the making of any decision or the taking of any action
559559 affecting such member's own personal, professional or
560560 pecuniary interest, or that of a person related to the
561561 member within the third d egree by consanguinity,
562562 marriage or adoption or of a business or professional
563563 associate.
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590590 c. With advice of legal counsel, the Board shall adopt
591591 and annually review a conflict of interest policy to
592592 enforce the provisions of the Oklahoma Veterinary
593593 Practice Act.
594594 C. The practice of veterinary medicine is a privilege granted
595595 by the people of this state acting through their elected
596596 representatives. It is not a natural right of individuals. In the
597597 interest of the public, and to protect the public, it is necess ary
598598 to provide laws and rules to govern the granting and subsequent use
599599 of the privilege to practice veterinary medicine. The primary
600600 responsibility and obligation of the Board is to protect the public
601601 from the unprofessional, improper, incompetent and un lawful practice
602602 of veterinary medicine.
603603 D. The liability of any member or employee of the Board acting
604604 within the scope of Board duties or employment shall be governed by
605605 The Governmental Tort Claims Act.
606606 SECTION 3. AMENDATORY 59 O.S. 2011, Section 698.4, is
607607 amended to read as follows:
608608 Section 698.4 A. 1. The State Board of Veterinary Medical
609609 Examiners shall consist of six (6) members, appointed by the
610610 Governor with the advice and consent of the Senate. The Board shall
611611 consist of five licensed veterinarian members, and one lay person
612612 representing the general public.
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639639 2. Each veterinary member shall be a graduate of an approved
640640 school of veterinary medicine, shall be a currently licensed
641641 veterinarian and shall have held an activ e license for the three (3)
642642 years preceding appointment to the Board. One member shall be
643643 appointed from each congressional district and any remaining members
644644 shall be appointed from the state at large. However, when
645645 congressional districts are redrawn e ach member appointed prior to
646646 July 1 of the year in which such modification becomes effective
647647 shall complete the current term of office and appointments made
648648 after July 1 of the year in which such modification becomes
649649 effective shall be based on the redraw n districts. Appointments
650650 made after July 1 of the year in which such modification becomes
651651 effective shall be from any redrawn districts which are not
652652 represented by a board member until such time as each of the
653653 modified congressional districts are repres ented by a board member.
654654 No appointments may be made after July 1 of the year in which such
655655 modification becomes effective if such appointment would result in
656656 more than two members serving from the same modified district.
657657 3. Of the five licensed veterina rian members, one must be an
658658 equine practitioner and one must be a large animal practitioner.
659659 4. The lay member shall have no financial interest in the
660660 profession other than as a consumer or potential consumer of its
661661 services.
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688688 5. Members must be resident s of the State of Oklahoma and be
689689 persons of integrity and good reputation. No member shall be a
690690 registered lobbyist. No member shall be an officer, board member or
691691 employee of a statewide or national organization established for the
692692 purpose of advocatin g the interests of or conducting peer review of
693693 veterinarians licensed pursuant to the Oklahoma Veterinary Practice
694694 Act.
695695 B. Members of the Board shall be appointed for a term of five
696696 (5) years. No member shall serve consecutively for more than two
697697 (2) terms. Not more than two (2) terms shall expire in each year,
698698 and vacancies for the remainder of an unexpired term shall be filled
699699 by appointment by the Governor. Members shall serve beyond the
700700 expiration of their term until a successor is appointed by the
701701 Governor. The initial appointee for the Board position created on
702702 November 1, 1999, shall be appointed for less than five (5) years to
703703 abide by staggered term requirements. The Governor shall appoint to
704704 a vacancy within ninety (90) days of the beginning of the vacancy.
705705 Nominees considered by the Governor for appointment to the Board
706706 must be free of pending disciplinary action or active investigation
707707 by the Board.
708708 C. A member may be removed from the Board by the Governor for
709709 cause which shall include, b ut not be limited to, if a member:
710710 1. Ceases to be qualified;
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737737 2. Is found guilty by a court of competent jurisdiction of a
738738 felony or unlawful act which involves moral turpitude;
739739 3. Is found guilty of malfeasance, misfeasance or nonfeasance
740740 in relation to Board duties;
741741 4. Is found mentally incompetent by a court of competent
742742 jurisdiction;
743743 5. Is found in violation of the Oklahoma Veterinary Practice
744744 Act; or
745745 6. Fails to attend three successive Board meetings without just
746746 cause as determined by the Board.
747747 SECTION 4. AMENDATORY 59 O.S. 2011, Section 698.7, as
748748 amended by Section 14, Chapter 428, O.S.L. 2019 (59 O.S. Supp. 2020 ,
749749 Section 698.7), is amended to read as follows:
750750 Section 698.7 The State Board of Veterinary Medical Examin ers
751751 shall have the powers and it shall also be its duty to regulate the
752752 practice of veterinary medicine. In addition to any other powers
753753 placed on it by the Oklahoma Veterinary Practice Act or as otherwise
754754 provided by law, the Board shall have the power a nd duty to:
755755 1. a. set standards for licensure or certification by
756756 examination and develop such examinations as will
757757 provide assurance of competency to practice, and
758758 b. employ or enter into agreements with organizations or
759759 agencies to provide examinations a cceptable to the
760760 Board or employ or enter into agreements with
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787787 organizations or agencies to provide administration,
788788 preparation or scoring of examinations;
789789 2. Set fees;
790790 3. Prescribe the time, place, method, manner, scope and
791791 subjects of examination for l icensure;
792792 4. Prepare or select, conduct or direct the conduct of, set
793793 minimum requirements for, and assure security of licensing and other
794794 required examinations;
795795 5. a. issue or deny licenses and certificates and renewals
796796 thereof,
797797 b. acquire information ab out and evaluate the
798798 professional education and training of applicants for
799799 licensure or certification; and accept or deny
800800 applications for licensure, certification or renewal
801801 of either licensure or certification based on the
802802 evaluation of information relat ing to applicant
803803 fitness, performance or competency to practice,
804804 c. determine which professional schools, colleges,
805805 universities, training institutions and educational
806806 programs are acceptable in connection with licensure
807807 pursuant to the Oklahoma Veterinary Practice Act, and
808808 accept the approval of such facilities and programs by
809809 American-Veterinary-Medical-Association-accredited
810810 institutions in the United States and Canada,
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837837 d. require supporting documentation or other acceptable
838838 verifying evidence for any in formation provided the
839839 Board by an applicant for licensure or certification,
840840 and
841841 e. require information on an applicant's fitness,
842842 qualification and previous professional record and
843843 performance from recognized data sources including,
844844 but not limited to, ot her licensing and disciplinary
845845 authorities of other jurisdictions, professional
846846 education and training institutions, liability
847847 insurers, animal health care institutions and law
848848 enforcement agencies;
849849 6. Develop and use applications and other necessary form s and
850850 related procedures for purposes of the Oklahoma Veterinary Practice
851851 Act;
852852 7. a. review and investigate complaints and adverse
853853 information about licensees and certificate holders,
854854 b. conduct hearings in accordance with the Oklahoma
855855 Veterinary Practice Act and the Administrative
856856 Procedures Act, and
857857 c. adjudicate matters that come before the Board for
858858 judgment pursuant to the Oklahoma Veterinary Practice
859859 Act upon clear and convincing evidence and issue final
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886886 decisions on such matters to discipline license es and
887887 certificate holders;
888888 8. a. impose sanctions, deny licenses and certificates and
889889 renewals thereof, levy reimbursement costs, seek
890890 appropriate administrative, civil or criminal
891891 penalties or any combination of these against those
892892 who violate examinatio n security, who attempt to or
893893 who do obtain licensure or certification by fraud, who
894894 knowingly assist in illegal activities, or who aid and
895895 abet the illegal practice of veterinary medicine,
896896 b. review and investigate complaints and adverse
897897 information about licensees and certificate holders,
898898 c. discipline licensees and certificate holders,
899899 d. institute proceedings in courts of competent
900900 jurisdiction to enforce Board orders and provisions of
901901 the Oklahoma Veterinary Practice Act,
902902 e. (1) establish mechanisms fo r dealing with licensees
903903 and certificate holders who abuse or are
904904 dependent on or addicted to alcohol or other
905905 chemical substances, and enter into agreements,
906906 at its discretion, with professional
907907 organizations whose relevant procedures and
908908 techniques it has evaluated and approved for
909909 their cooperation or participation in the
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936936 rehabilitation of the licensee or certificate
937937 holder,
938938 (2) establish by rules cooperation with other
939939 professional organizations for the identification
940940 and monitoring of licensees and cer tificate
941941 holders in treatment who are chemically dependent
942942 or addicted, and
943943 f. issue conditional, restricted or otherwise
944944 circumscribed modifications to licensure or
945945 certification as determined to be appropriate by due
946946 process procedures and summarily susp end a license if
947947 the Board has cause to believe by clear and convincing
948948 evidence such action is required to protect public or
949949 animal health and safety or to prevent continuation of
950950 incompetent practices;
951951 9. Promulgate rules of professional conduct and req uire all
952952 licensees and certificate holders to practice in accordance
953953 therewith;
954954 10. Act to halt the unlicensed or illegal practice of
955955 veterinary medicine and seek administrative, criminal and civil
956956 penalties against those engaged in such practice;
957957 11. Establish appropriate fees and charges to ensure active and
958958 effective pursuit of Board responsibilities;
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985985 12. Employ, direct, reimburse, evaluate and dismiss staff in
986986 accordance with state procedures;
987987 13. Establish policies for Board operations;
988988 14. Respond to legislative inquiry regarding those changes in,
989989 or amendments to, the Oklahoma Veterinary Practice Act;
990990 15. Act on its own motion in disciplinary matters, administer
991991 oaths, issue notices, issue subpoenas in the name of the State of
992992 Oklahoma, including subpoenas for client and animal records, hold
993993 hearings, institute court proceedings for contempt or to compel
994994 testimony or obedience to its orders and subpoenas, take evidentiary
995995 depositions and perform such other acts as are reasonable and
996996 necessary under law to carry out its duties;
997997 16. Use clear and convincing evidence as the standard of proof
998998 and issue final decisions when acting as trier of fact in the
999999 performance of its adjudicatory duties;
10001000 17. Determine and direct Board operating, administrative,
10011001 personnel and budget policies and procedures in accordance with
10021002 applicable statutes;
10031003 18. Promulgate uniform rules such as may be necessary for
10041004 carrying out and enforcing the provisions of the Oklahoma Veterinary
10051005 Practice Act and such as in its discretion may be necessary to
10061006 protect the health, safety and welfare of the public;
10071007 19. Determine continuing education requirements. Such
10081008 continuing education shall include not less than one (1) hour of
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10351035 education in pain management or one (1) hour of education in opioid
10361036 use or addiction annually, unless the licensee has demonstrated to
10371037 the satisfaction of the Board that the licensee does not currently
10381038 hold a valid federal Drug Enforcement Administration registration
10391039 number;
10401040 20. Establish minimum standards for vet erinary premises;
10411041 21. Establish standards for veterinary labeling and dispensing
10421042 of veterinary prescription drugs and federal Food and Drug
10431043 Administration-approved human drugs for animals which would conform
10441044 to current applicable state and federal law and regulations;
10451045 22. Promulgate rules such as may be necessary for carrying out
10461046 and enforcing provisions relating to certification of animal
10471047 euthanasia technicians and approval of drugs to be used for
10481048 euthanasia of animals in an animal shelter pursuant to th e
10491049 requirements of Section 502 of Title 4 of the Oklahoma Statutes;
10501050 23. Shall conduct a national criminal history records search
10511051 for certified animal euthanasia technicians:
10521052 a. the applicant shall furnish the Board two completed
10531053 fingerprint cards and a mon ey order or cashier's check
10541054 made payable to the Oklahoma State Bureau of
10551055 Investigation,
10561056 b. the Board shall forward the fingerprint cards, along
10571057 with the applicable fee for a national fingerprint
10581058 criminal history records search, to the Bureau, and
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10851085 c. the Bureau shall retain one set of fingerprints in the
10861086 Automated Fingerprint Identification System (AFIS) and
10871087 submit the other set to the Federal Bureau of
10881088 Investigation (FBI) for a national criminal history
10891089 records search;
10901090 24. Establish standards for animal ch iropractic diagnosis and
10911091 treatment. The standards shall include but not be limited to a
10921092 requirement that a veterinarian who holds himself or herself out to
10931093 the public as certified to engage in animal chiropractic diagnosis
10941094 and treatment shall:
10951095 a. carry at least One Million Dollars ($1,000,000.00) of
10961096 additional malpractice coverage to perform animal
10971097 chiropractic diagnosis and treatment, and
10981098 b. have appropriate training in animal chiropractic
10991099 diagnosis and treatment. The Veterinary Examining
11001100 Board shall have the authority to establish
11011101 educational criteria for certification standards in
11021102 animal chiropractic diagnosis and treatment. The
11031103 Veterinary Examining Board shall work in conjunction
11041104 with the Board of Chiropractic Examiners to establish
11051105 comparable standards for the practice of animal
11061106 chiropractic diagnosis and treatment for both medical
11071107 professions within thirty (30) days after the
11081108 effective date of this act. The Board shall certify
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11351135 any licensed veterinarian wishing to engage in animal
11361136 chiropractic diagnosis and treatment who meets the
11371137 standards established by the Board pursuant to this
11381138 paragraph. Upon request, the Board shall make
11391139 available to the public a list of licensed
11401140 veterinarians so certified; and
11411141 25. Give scholarships, as determined by the Board , to an
11421142 individual advancing toward obtaining a degree in veterinary
11431143 medicine from an Oklahoma higher education institution , and take
11441144 such other action as may be reasonably necessary or appropriate to
11451145 effectuate the Oklahoma Veterinary Practice Act . The Board may, at
11461146 its discretion, contract with other state agencies and nonprofit
11471147 corporations for the endowment, management and administration of
11481148 scholarships. The requirements of such scholarships shall be
11491149 determined by the Board. However, nothing containe d herein shall be
11501150 construed as requiring the Board to endow or award any scholarship ;
11511151 and
11521152 26. Perform such other duties and exercise such other powers as
11531153 the provisions and enforcement of the Oklahoma Veterinary Practice
11541154 Act may require.
11551155 SECTION 5. AMENDATORY 59 O.S. 2011, Section 698.8, is
11561156 amended to read as follows:
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11831183 Section 698.8 A. It shall be unlawful to practice veterinary
11841184 medicine in this state without a license or certificate issued by
11851185 the State Board of Veterinary Medica l Examiners.
11861186 B. Requirements for licensure or certification shall be set by
11871187 the Board and may be changed as the education and training for the
11881188 practice of veterinary medicine changes. Prior to issuance of a
11891189 license or certificate to practice veterinary m edicine in this
11901190 state, the applicant shall have been found by the Board to be of
11911191 good moral character and the Board shall consider but not be limited
11921192 to the following evidence of suitability to practice:
11931193 1. a. Graduation from an approved school of veteri nary
11941194 medicine whose requirements at the time of graduation
11951195 are acceptable to the Board.
11961196 b. Graduates of schools of veterinary medicine located
11971197 outside the United States and Canada shall be held to
11981198 the same standards for evidence of suitability to
11991199 practice as are graduates of schools of veterinary
12001200 medicine located within the United States in that
12011201 applicants shall conform in all respects to the
12021202 requirements set forth in this section. Where
12031203 necessary, further examination shall be administered
12041204 by the Board or its designee to determine competency
12051205 to practice. In addition, applicants shall
12061206 demonstrate a command of the English language
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12331233 satisfactory to the Board. Documents and material
12341234 submitted in support of application for licensure or
12351235 certification, if in a fo reign language, shall be
12361236 translated and certified as accurate by an
12371237 organization acceptable to the Board;
12381238 2. Satisfactory completion of a minimum number of months of
12391239 education in veterinary medicine as a requirement for graduation
12401240 from a school of veterin ary medicine as set by the Board;
12411241 3. Evidence that the applicant for licensure or certification
12421242 is of good moral character;
12431243 4. a. Except as otherwise provided by this paragraph,
12441244 evidence that the applicant has passed examinations
12451245 satisfactory to the Board and that the examination
12461246 score is acceptable to the Board. The Board may set
12471247 minimum passing scores for examinations and limit the
12481248 number of times an applicant may take an examination
12491249 in this state.
12501250 b. In lieu of national examination requirements, an
12511251 applicant shall have actively engaged in the clinical
12521252 practice of veterinary medicine for a period of at
12531253 least five thousand (5,000) hours during the five (5)
12541254 consecutive years immediately prior to making
12551255 application in Oklahoma and hold a license to practice
12561256 veterinary medicine in another state, territory,
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12831283 district or province of the United States and Canada
12841284 and successfully passed the Oklahoma State
12851285 Jurisprudence Examination;
12861286 5. Evidence that the applicant has demonstrated familiarity
12871287 with the statutes and rules set by the Board;
12881288 6. Evidence that the applicant is mentally and professionally
12891289 capable of practicing veterinary medicine in a competent manner as
12901290 determined by the Board and willing to submit, if deemed appropriate
12911291 by the Board, to an evaluation of skills and abilities;
12921292 7. Evidence that the applicant has not been found guilty by a
12931293 court of law of any conduct that would constitute grounds for
12941294 disciplinary action under the Oklahoma Veterinary Practice Act or
12951295 rules of the Board, and there has been no disciplinary action taken
12961296 against the applicant by any public agency concerned with the
12971297 practice of veterinary medicine;
12981298 8. If the Board deems it necessary, a personal appearance by
12991299 the applicant before the Board in support of the applicant's
13001300 application for licensure or certification. If the Board is not
13011301 satisfied with the credentials of the applicant, or demonstration of
13021302 knowledge or skills presented, the Board may require further
13031303 examination or supervised practice before reconsideration of the
13041304 application; and
13051305 9. Evidence that all required fees have been paid.
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13321332 C. Practice without the legal possession of an active license
13331333 or certificate shall be prohibited, and evidence of said practice
13341334 shall be reported by the Board to the district attorney of the
13351335 county in which the practice is found to occur.
13361336 D. Certificates may be issued to any veterinarian who has
13371337 failed to obtain or failed to maintain a regular license to practice
13381338 veterinary medicine. Such certificates may be issued by the Board
13391339 at such times as the Board determines that all requirements for
13401340 possession of such certificate have been met as set by rules and
13411341 policies of the Board. Certificates may be issued for, but not
13421342 limited to, the practice of veterinary medicine under the direct
13431343 supervision of a licensed veterinarian while the application for
13441344 full licensure is pending.
13451345 E. Any active military or their spouse who is licensed in
13461346 veterinary medicine or is registered or certified as a veterinary
13471347 technician in another state may submit a completed ap plication for
13481348 licensure or registration in Oklahoma and if found to be in goo d
13491349 standing and has equivalent education, training and experience shall
13501350 be licensed within thirty (30) days. The application fee and the
13511351 first period of issuance shall be waived f or such active military or
13521352 their spouse.
13531353 SECTION 6. AMENDATORY 59 O.S. 2011, Section 698.30, is
13541354 amended to read as follows:
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13811381 Section 698.30 A. The State Board of Veterinary Medical
13821382 Examiners shall annually certify any practitione r of teeth floating,
13831383 known as a nonveterinary equine dental care provider and as defined
13841384 by paragraph 25 of Section 698.2 of Title 59 of the Oklahoma
13851385 Statutes this title. Certification shall be issued within ninety
13861386 (90) days of application, and to be elig ible for this certification,
13871387 nonveterinary equine dental care providers shall provide proof of
13881388 qualification to be a nonveterinary equine dental care provider
13891389 using one of the following methods:
13901390 1. Completion of at least eighty (80) hours of training in
13911391 equine dentistry at the Texas Institute of Equine Dentistry, the
13921392 Academy of Equine Dentistry or a similar program approved by the
13931393 State Board of Veterinary Medical Examiners; or
13941394 2. Certification as an a nonveterinary equine dental technician
13951395 care provider by the International Association of Equine Dentistry
13961396 or its equivalent by a similar certifying organization approved by
13971397 the State Board of Veterinary Medical Examiners.
13981398 B. Prior to July 1, 2011, teeth floaters shall be granted
13991399 certification upon submissio n of a signed and notarized affidavit
14001400 from three persons who are residents of this state, stating that
14011401 they know this individual and the individual is known by the
14021402 community to be a nonveterinary equine dental care provider. Of the
14031403 three residents, one sh all be from a veterinarian that is licensed
14041404 to practice in the state; and one shall be from the current
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14311431 president of any official statewide association representing horses,
14321432 horse breeds or horsemen, or a horse owner currently residing in the
14331433 state.
14341434 C. Proof of four (4) hours of continuing education shall be
14351435 required for annual certification renewal for teeth floaters a
14361436 nonveterinary equine dental care provider . This continuing
14371437 education shall be a course approved by the Texas Institute of
14381438 Equine Dentistry, the Academy of Equine Dentistry, the State Board
14391439 of Veterinary Medical Examiners, the International Association of
14401440 Equine Dentistry or a similar organization approved by the State
14411441 Board of Veterinary Medical Examiners and shall be obtained in the
14421442 twelve-month period immediately preceding the year for which the
14431443 certification is to be issued.
14441444 D. C. If prescription drugs , not to include any controlled
14451445 dangerous substances as defined in the Uniform Controlled Dangerous
14461446 Substances Act, are to be used in nonve terinary equine dental care
14471447 procedures, the equine owner shall contact a veterinarian licensed
14481448 by the state. If the veterinarian deems that prescription drugs ,
14491449 not to include any controlled dangerous substances as defined in the
14501450 Uniform Controlled Dangero us Substances Act, are necessary, the
14511451 veterinarian may assemble those drugs and may allow the owner or the
14521452 owner's agent, who can be a nonveterinary equine dental care
14531453 provider, to pick up those drugs and deliver them to the equine
14541454 owner. No prescription drugs shall be prescribed, dispensed, or
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14811481 administered without the establishment of a valid client -patient
14821482 relationship between the equine owner and the veterinarian.
14831483 Prescription drugs must be used in accordance with United States
14841484 Food and Drug Administra tion regulations.
14851485 E. D. Complaints related to any teeth floater nonveterinary
14861486 equine dental care provider shall be filed with the State
14871487 Veterinarian through the Oklahoma Department of Agriculture, Food,
14881488 and Forestry. The State Veterinarian may investigat e complaints,
14891489 and may forward findings as it deems appropriate to the appropriate
14901490 law enforcement entity.
14911491 SECTION 7. AMENDATORY 59 O.S. 2011, Section 698.30a, is
14921492 amended to read as follows:
14931493 Section 698.30a A. The State Board of Veterinary Medical
14941494 Examiners shall certify an individual as a nonveterinary
14951495 reproductive services technician who qualifies and passes a written
14961496 certification examination approved by the Board and who holds a
14971497 Ph.D. from an accredited college or university w ith emphasis in
14981498 animal reproductive physiology, or a Master of Science degree from
14991499 an accredited college or university with emphasis in animal
15001500 reproductive physiology and Board Certification in animal physiology
15011501 by the American Registry of Professional Ani mal Scientists, which
15021502 certification authorizes them to provide nonveterinary reproductive
15031503 services as defined in the Oklahoma Veterinary Practice Act.
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15301530 B. Prior to July 1, 2012, an individual with a Bachelor of
15311531 Science degree from an accredited college or university, which
15321532 includes completion of at least six (6) semester hours in
15331533 reproductive physiology and who has practical experience in embryo
15341534 transfer in ruminating animals as verified in writing by sworn
15351535 affidavit from at least two client animal owners a nd from two
15361536 approved certified members of the American Embryo Transfer
15371537 Association, shall be allowed to become certified as a nonveterinary
15381538 reproductive services technician upon passing a written
15391539 certification examination approved by the Board.
15401540 C. In connection with performing nonveterinary reproductive
15411541 services, federal legend drugs shall be prescribed and dispensed
15421542 only on the order of a licensed veterinarian who has an existing
15431543 veterinarian-client-patient relationship as defined by the Oklahoma
15441544 Veterinary Practice Act and the rules of the Board and shall only be
15451545 administered in accordance with the act. Every nonveterinary
15461546 reproductive services technician shall keep and maintain medical
15471547 records that include the source of any prescription drugs used in
15481548 connection with providing nonveterinary reproductive services,
15491549 including the name and address of the veterinarian prescribing or
15501550 dispensing the drugs, the date the drugs are received, the species
15511551 and description of the animal involved, the animal owner or c lient
15521552 name and address, and the medications administered including date
15531553 and dosage. All medical records pertaining to prescription drugs
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15801580 shall be made available for inspection by the Board or the Board 's
15811581 agent upon request and must be kept and maintained for a period of
15821582 two (2) years from the date the drug was administered.
15831583 D. C. Proof of at least eight (8) hours of continuing education
15841584 from courses and study approved by the Board shall be required for
15851585 annual certification renewal as a nonveterinarian rep roductive
15861586 services technician.
15871587 E. D. The certification examination and continuing education
15881588 described in this section shall be approved by the Examination
15891589 Committee that is overseen by the Board and consists of:
15901590 1. A veterinarian designated by the Dean o f the Oklahoma State
15911591 University Center of Veterinary Health Sciences;
15921592 2. An animal scientist with a Ph.D. with an emphasis in animal
15931593 reproductive physiology designated by the head of the Oklahoma State
15941594 University Department of Animal Science; and
15951595 3. An animal embryologist as designated by the American Embryo
15961596 Transfer Association.
15971597 SECTION 8. AMENDATORY 59 O.S. 2011, Section 698.33, is
15981598 amended to read as follows:
15991599 Section 698.33 A. There is hereby established the veterinary
16001600 training program for rural Oklahoma to be administered by the
16011601 Oklahoma State University Center for Veterinary Health Sciences.
16021602 The program shall be developed and implemented in order to provide
16031603 encouragement, opportunities, and incentives for persons pursuing a
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16301630 veterinary medicine degree at Oklahoma State University to locate
16311631 their veterinary practice in rural Oklahoma communities, and receive
16321632 specialized training targeted to meet the needs of livestock
16331633 producers in rural Oklahoma communities.
16341634 B. Subject to available funds, each year the Veterinary Center
16351635 may enter into program agreements with up to three first -year
16361636 veterinary students or currently practicing large animal
16371637 veterinarians with qualifying school loans, as determined by the
16381638 Veterinary Center. Pref erence shall be given to those students and
16391639 large animal veterinarians who are Oklahoma residents and who agree
16401640 to serve in a community as described in paragraph 3 of subsection D
16411641 of this section, which is determined by the Veterinary Center to be
16421642 an underserved area for the practice of veterinary medicine.
16431643 C. Subject to available funds, each student or large animal
16441644 veterinarian entering into a program agreement under this section
16451645 shall receive assistance in an amount not to exceed Twenty Thousand
16461646 Dollars ($20,000.00) per year for not more than four (4) years for
16471647 tuition, books, supplies, and other school expenses, and travel and
16481648 training expenses incurred by the student in pursuing a veterinary
16491649 medicine degree. Upon satisfaction of all commitments under t he
16501650 provisions of the agreement and the provisions of this section, the
16511651 financial obligations pursuant to this section shall be deemed
16521652 satisfied and forgiven.
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16791679 D. Each program agreement shall require that the person
16801680 receiving the assistance:
16811681 1. Complete the veterinary medicine degree program at the
16821682 Veterinary Center;
16831683 2. Complete all requirements in public health, livestock
16841684 biosecurity, foreign animal disease diagnosis, regulatory veterinary
16851685 medicine and zoonotic disease, and an externship and mentoring
16861686 requirement with a licensed, accredited veterinarian in rural
16871687 Oklahoma as required by the Veterinary Center;
16881688 3. Engage in the full -time practice of veterinary medicine in
16891689 any community in Oklahoma which has a population not exceeding
16901690 twenty-five thousand (25,000) as determined by the most recent
16911691 Federal Decennial Census at the time the person entered into the
16921692 program agreement for a period of at least twelve (12) continuous
16931693 months for each separate year a student receives assistance under
16941694 the program, unless the obligation is otherwise satisfied as
16951695 provided in this section. If, after the date a program agreement
16961696 was entered into by the parties, a community no longer meets the
16971697 maximum population requirements provided in this paragraph, a person
16981698 engaging in the full-time practice of veterinary medicine pursuant
16991699 to the program agreement shall continue to practice in that
17001700 designated community; and
17011701 4. Commence the full -time practice of veterinary medicine in
17021702 that community within ninety (90) days after completion of the
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17291729 person's degree program, or if the person enters a postdegree
17301730 training program, such as a graduate school or internship or
17311731 residency program, within ninety (90) days after completion of the
17321732 postdegree training program.
17331733 E. Upon the failure of a pers on to satisfy the obligation to
17341734 engage in the full-time practice of veterinary medicine in
17351735 accordance with the provisions of this section, that person shall
17361736 repay to the Veterinary Center, within ninety (90) days of the
17371737 failure, the amount equal to the ass istance provided to the person
17381738 less a prorated amount based on any periods of practice of
17391739 veterinary medicine meeting the requirements of this section, plus
17401740 interest at the prime rate of interest plus two percent (2%) from
17411741 the date the assistance accrued. The interest shall be compounded
17421742 annually.
17431743 F. An obligation to engage in the practice of veterinary
17441744 medicine in accordance with the provisions of this section shall be
17451745 postponed during:
17461746 1. Any period of temporary medical disability during which the
17471747 person obligated is unable to practice veterinary medicine due to
17481748 the disability; and
17491749 2. Any other period of postponement agreed to or determined in
17501750 accordance with criteria agreed to in the practice agreement.
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17771777 G. An obligation to engage in the practice of v eterinary
17781778 medicine in accordance with the provisions of the agreement and this
17791779 section shall be satisfied:
17801780 1. If the obligation to engage in the practice of veterinary
17811781 medicine in accordance with the agreement has been completed;
17821782 2. If, because of perman ent disability, the person obligated is
17831783 unable to practice veterinary medicine; or
17841784 3. The person who is obligated dies.
17851785 H. The Veterinary Center may adopt additional provisions,
17861786 requirements, or conditions to participate in this program as are
17871787 practicable and appropriate to accomplish the provisions of the
17881788 program or may be required for the implementation or administration
17891789 of the program, and are not inconsistent with the provisions of this
17901790 section.
17911791 I. The Veterinary Center shall not enter into any progr am
17921792 agreements pursuant to the provisions of this section after July 1,
17931793 2018 2025. All agreements entered into prior to such date shall be
17941794 valid.
17951795 SECTION 9. This act shall become effective November 1, 2021.
17961796
17971797 58-1-6179 AMM 01/10/21