Req. No. 942 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 270 By: Murdock AS INTRODUCED An Act relating to professions and occupati ons; amending 59 O.S. 2011, Sections 698. 2, 698.4 and 698.7, as amended by Section 14, Chapte r 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; modifying termination date ; removing obsolete language; modifying powers and duties of the Board; modifying reciprocity of license; modifying certification of nonveterinary equine de ntal 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 follows: Section 698.2. As used in the Oklahoma Veterinary Practice Act : 1. "Board" means the State Board of Veterinary M edical Examiners; 2. "Animal" means any animal other than humans and includes, but is not limited to, fowl, f ish, birds and reptiles, wild or domestic, living or dead; Req. No. 942 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. "Veterinarian" means a person who has received a degree in veterinary medicine or i ts equivalent from a school of veterinary medicine; 4. "Licensed veterinarian " means any veterinarian who hol ds an active license to practice v eterinary medicine in th is state; 5. "School of veterinary m edicine" means any veterinary college or division of a university or college that offers the degre e of doctor of veterinary medicine or its equivalent, which con forms to the standards required fo r accreditation by the A merican 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 America n 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 t echnician who is certified pursuant to Sections 698.21 through 698.26 of this title; 7. "Veterinary technolog ist" means a person who has successfully graduated from an AVMA-accredited bachelor degree program of veterinary technology, or its AVMA equivalen t; Req. No. 942 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. "Veterinary assistant " means an individual who may perform the duties of a veterinary technician or vet erinary technologist, however, has not graduated from an A VMA-accredited technology program or its equivalent, and has not been certified by the B oard; 9. "Veterinary technology " means the science and art of providing all aspects of professional medical c are, services, and treatment for animals with the exceptio n of diagnosis, prognosis, surgery, and prescription of any treatments, drugs, medicatio ns, or appliances, where a valid veterinarian -client-patient relationship exists; 10. "Direct supervision" means: a. directions have been given to a veterinary technic ian, nurse, laboratory technician, in tern, veterinary assistant or other employee for me dical care following the examination of an anim al by the licensed veterinarian responsible for the professiona l care of the animal, or b. that, under certain circumstan ces following the examination of an animal by a licensed veterinarian responsible for the professional care of the animal, the presence of the licensed veterinarian on the premises in an animal hosp ital setting or in the same general area in a range settin g is required after directions have been given to a veterinarian who has a Req. No. 942 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 certificate issued pursuant to Section 698.8 of this title; 11. "License" means authorization to practice veterinary medicine granted by the Board to an ind ividual found by the Boa rd to meet certain requirements pursu ant to the Oklahoma Veterinary Practice Act or any other applicable statutes; 12. "Supervised Doctor of Veterinary Medicine Certificate " means authorization to practice veterinary medicine with certain limitations or restrictions on that practice, set by the Board or authorization to perform certain enume rated 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 judgment s regarding the health of an animal or animals and the need for medical treatment, and the client , owner or other caretaker has agreed to follow the instructi ons of the licensed veterinarian, and b. there is sufficient knowledge of the animal or animals by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal or animals in that: Req. No. 942 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 medical ly necessary and timely visits to the premises where the animal or animals are kept or both, an d 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 emergenc y medical coverage, and d. the licensed veterinarian's actions would conform to applicable federal law and regulations; 14. "Veterinary premises" means any facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile unit, mobile clinic, outpatient cl inic, satellite clinic, public service outreach of a veterina ry 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 poss ession of a person regularly and lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of veterinary drugs and the fe deral Food and Drug Administration-approved human drugs fo r animals which because Req. No. 942 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of their toxicity or other potential for harmful effects, or met hod of use, or the collateral measures necessar y for use, are labeled by the manufacturer or distributor in co mpliance with federal law and regulations to be sold only to or on the prescription order or un der the supervision of a licensed veterinarian for use in the course of professional practice. Ve terinary prescription drugs shall not include over-the-counter products for which adequate direct ions for lay use can be written; 16. "ECFVG certificate" means a certificate issued by the American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates, indicating that the holder has demonstrated knowledge and skill equiv alent to that possessed by a graduate of an accredited or app roved college of veterinary medicine; 17. "Executive Director" means the Executive Director of th e State Board of Veterinary Medical Examiners or the authorized representative of such official; 18. "Telemedicine" or "telehealth" shall mean the transmissi on of diagnostic images such as, but not limited to , radiographs, ultrasound, cytology, endoscopy, photographs and case information over ordinary or cellular pho ne lines to a licensed veterinaria n or board-certified medical specialist for the purpose of co nsulting regarding case management with the primary care licensed veterinarian who transmits the c ases means the practice of Req. No. 942 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 veterinary medicine including diagnosis, consultation, evaluation , treatment, transfer of med ical data or exchange of information b y 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 telemedicine visit. Telemedicine or telehealth shall not include consulta tions provided by telephone audio-only communication. A veterinarian using telehealth technologie s shall take appropriate steps to establish the veterinarian-client-patient relationship and conduct all appropriate evaluations and history of the patient co nsistent with traditional standards of care for the particular patient presentation. A veterinarian shall be licensed, or under the jurisdiction of, the veterin ary board of the jurisdiction whe re the patient is located. The practice of medicine occurs wh ere the patient is located at the time telehealth t echnologies are used ; 19. "Person" means any individual, firm, partnership, association, joint venture, coope rative, corporation, or any other group or combination act ing in concert, and whether or not ac ting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal repre sentative, or as the successor in interest, assignee, agent, factor, servant, employee, director , officer, fictitious name certificate, or any other represent ative of such person; Req. No. 942 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 veterin ary science conducted under elective or emergency circumstance s, which treats diseases, injuries and deformities by manual or operative methods including, but not limited to, cosmetic, reconstructive, ophthalmic, orthopedic, vascular, thoracic, and obstetr ic 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 owne r, or the owner's agent. Abandonment shall constitute the rel inquishment of all rights and claims by the owner t o an animal; 23. "Animal chiropractic diagnosi s and treatment" means treatment that includes vertebral sublux ation complex (vcs) (VSC) and spinal manipulation of nonhu man 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 medication s, or d. performance of traditional veterinary care; Req. No. 942 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 euthaniz e injured, sick, homeless or unwanted domestic pets and other animals; 25. "Teeth floating", as provided by a nonveterinary equine dental care provider, means the removal of enamel points and the smoothing, contouring and leveling of dental arcades and in cisors of equine and other farm anima ls. It shall not include dental procedures on canines and felines; 26. "Nonveterinary reproducti ve services" means nonveterinary services provided by an indivi dual certified by the Board as a nonveterinary reproductiv e services technician, and involves a nd 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 det ection of a heartbeat within the transferred embryo at or great er than twenty-eight (28) days of gestation of such ruminating animals; 27. "Embryo transfer" means the biosecure process of inducing increased ovulations within a donor female for the in vivo production of embryos, the flushing of those embryos, collecti ng, Req. No. 942 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 grading and transferring of t hose embryos to recipient females, or the cryopreservation of those embryos for storage and later transfer to recipient females; 28. "Animal Technology Advisor y Committee" means the advisory committee established by the Bo ard 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 technol ogy, procedure, method or practice that may be considered or otherwise designated as an act of animal husbandry that should be included as an a ct not prohibited in paragraph 1 of Section 698.12 of the Okla homa Veterinary Practice Act. Reference to the adv isory committee in this act shall mean the Animal Technology Advisory Committee; and 29. "Examination Committee" means the committee establish ed and described in subsection E D of Section 3 of this act 698.30a of this title related to nonveterinary reprod uctive services; and 30. "Probable Cause Commi ttee" means the committee consisting of the Board's secretary or treasurer, investigator and att orney to negotiate and settle disputes in accordance with the Oklahoma Veterinary Practice Act . SECTION 2. AMENDATORY 59 O.S. 2011, Section 698.4, is amended to read as follows: Section 698.4. A. 1. The State Board of Veterinary Med ical Examiners shall consist of six (6) members, appointe d by the Governor with the advice and consent of th e Senate. The Board shall Req. No. 942 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 consist of five licensed veterinarian members, and one lay person representing the gener al public. 2. Each veterinary me mber shall be a graduate of an approved school of veterinary medicine, shall be a currently licensed veterinarian and shall have held an active license for the three (3) years preceding appointment to the Board. One member shall be appointed from each con gressional district and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becom es effective shall complete the c urrent term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modificati on becomes effective shall be fro m any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. 3. Of the five licensed veterinarian members, one must be an equine practitioner and one must be a large animal p ractitioner. Req. No. 942 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. The lay member s hall have no financial interest in the profession other than as a consumer or potential consumer of its services. 5. Members must be residents of the State of Oklahoma and be persons of integrity and good reputation. No m ember shall be a registered lobbyist. No member shall be an officer, board member or employee of a statewide or national organization establ ished for the purpose of advocating the interests of or conducting peer review of veterinarians licensed pursuant t o the Oklahoma Veterinary Practic e Act. B. Members of the Board shall be appointed for a term of five (5) years. No member shall serve cons ecutively for more than two (2) terms. Not more than two (2) terms shall expi re in each year, and vacancies for th e remainder of an unexpired term shall be filled by appointment by the Governor. Members shall serve beyond the expiration of their term unt il a successor is appointed by the Governor. The initial appointee for the Bo ard position created on November 1, 1999, shall be appointed for less than five (5) years to abide by staggered term requiremen ts. 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 Boar d must be free of pending discipl inary action or active investigation by the Board. Req. No. 942 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. A member may be removed from the Board by the Governo r for cause which shall include, but not be limited to, if a member: 1. Ceases to be qualified; 2. Is found guilty by a court of competent jurisdi ction of a felony or unlawful act which involves moral tu rpitude; 3. Is found guilty of malfeasance, misfea sance or nonfeasance in relation to Board duties; 4. Is found mentally incomp etent 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 3. AMENDATORY 59 O.S. 2011, Section 698.7, as amended by Section 14, Chapter 42 8, O.S.L. 2019 (59 O.S. Supp. 20 20, Section 698.7), is am ended to read as follows: Section 698.7. The State Board of Veterinary Medical Examiners shall have the powers and it shall also be its duty to regulate the practice of veterinary medicine. In addi tion to any other powers placed on it by the Oklahoma Vet erinary Practice Act or as otherwise provided by law, the Board shall have the power and duty to: 1. a. set standards for licensur e or certification by examination and develop such examinations as wi ll provide assurance of competency to practice, and Req. No. 942 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. employ or enter into agreements with organizations or agencies to provide examinations acceptable to the Board or employ or enter in to agreements with organizations or agencies to provide administratio n, preparation or scoring of examinations; 2. Set fees; 3. Prescribe the time, place, method, manner, scop e and subjects of examination for licensure; 4. Prepare or select, conduct or direct the conduct of, set minimum requirements for, and assure secur ity of licensing and other required examinations; 5. a. issue or deny licenses and certificates and renewals thereof, b. acquire information about and evaluate the professional education and training of applicants for licensure or certification; and accept or deny applications for licensure, certification or ren ewal of either licensure or certification based on the evaluation of information relating to applicant fitness, performance or com petency to practice, c. determine which professional schools, college s, universities, training institutions and educational programs are acceptable in connection with licensure pursuant to the Oklahoma Veterinary Practice Act, and Req. No. 942 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 accept the approval of su ch facilities and programs by American-Veterinary-Medical-Association-accredited institutions in the United States and Canada, d. require supporting documentation or other accep table verifying evidence for any information provided the Board by an applicant for licensure or certification, and e. require information on an app licant's fitness, qualification and previous professional record and performance from recognized data source s including, but not limited to, other licensing and disciplinary authorities of other jurisdictions, professional education and training institutio ns, liability insurers, animal health care institutions a nd law enforcement agencies; 6. Develop and use ap plications and other necessary forms and related procedures for purposes of the Oklahoma Veterinary Practice Act; 7. a. review and investigate compl aints and adverse information about licensees and certifi cate holders, b. conduct hearings in accordance wit h the Oklahoma Veterinary Practice Act and the Administrative Procedures Act, and Req. No. 942 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. adjudicate matters that come be fore the Board for judgment pursuant to the Oklahoma Veterinary Practice Act upon clear and convincing evidence and issue final decisions on such matters to discipline licensees and certificate holders; 8. a. impose sanctions, deny licenses and certificate s and renewals thereof, levy rei mbursement costs, seek appropriate administrative, civil or criminal penalties or any combination of these a gainst those who violate examination security, who attempt to or who do obtain licensure or certification by fraud, who knowingly assist in illegal activities, or who aid and abet the illegal practice of v eterinary medicine, b. review and investigate compl aints and adverse information about licensees and certificate holders, c. discipline licensees and certificate holde rs, d. institute proceedings in courts of competent jurisdiction to enforce Board orders and provisions of the Oklahoma Veterinary Practice Act, e. (1) establish mechanisms for dealing with licensees and certificate holders who abuse or are dependent on or addicted to alcohol or other chemical substances, and enter into agreements, at its discretion, with professional Req. No. 942 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 organizations whose relev ant procedures and techniques it has evaluated and approved for their cooperation or participation in the rehabilitation of the licensee or certific ate holder, (2) establish by rules cooperation with other professional organizations for the identification and monitoring of licensees and certificate holders in treatment who are chemic ally dependent or addicted, and f. issue conditional, restricted or o therwise circumscribed modifications to licensure or certification as determined to be appropriate by due process procedures and summarily suspend a license if the Board has cause to beli eve by clear and convincing evidence such action is required to prote ct public or animal health and safety or to prevent conti nuation of incompetent practices; 9. Promulgate rules of professional conduct and require all licensees and certificate holders t o practice in accordance therewith; 10. Act to halt the unlicensed o r illegal practice of veterinary medicine and seek admini strative, criminal and civil penalties against thos e engaged in such practice; Req. No. 942 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 11. Establish appropriate fees and charges to ensu re active and effective pursuit of Bo ard responsibilities; 12. Employ, direct, reimburse, evaluate and dismiss staff in accordance with state procedures; 13. Establish policie s for Board operations; 14. Respond to legislative inquiry regarding those cha nges in, or amendments to, the Oklaho ma Veterinary Practice Act; 15. Act on its own motion in disciplinary matters, administe r oaths, issue notices, issue subpoenas in the name of the State of Oklahoma, including subpoenas for client and animal records, h old hearings, institute court proceed ings for contempt or to compel testimony or obedience to its orders and subpoenas, take e videntiary 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 sta ndard of proof and issue final decisions when acting as trier of fact in the performance of its adjudicatory duties; 17. Determine and dire ct Board operating, administrative, personnel and budget policies and procedure s in accordance with applicable statutes; 18. Promulgate uniform rul es such as may be necessary for carrying out and enforcin g the provisions of the Oklahoma Veterinary Practice Act and such as in its discretion may be necessary to protect the health, saf ety and welfare of the public; Req. No. 942 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 19. Determine continuing education re quirements. Such continuing education shall include not less than one (1) hour of education in pain managem ent or one (1) hour of education in opioid use or addiction annually, unless th e licensee has demonstrated to the satisfaction of the Board that the licensee does not currently hold a valid federal Drug En forcement Administration registration number; 20. Establish minimum standards for veterinary premises; 21. Establish standards f or veterinary labeling and dispensing of veterinary prescription drug s 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 t o certification of animal euthanasia technicians and appr oval of drugs to be used for euthanasia of animals in an animal shelter pursuant to the requirements of Section 502 of Title 4 of the Oklahoma Statutes; 23. Shall conduct a national criminal history records search for certified animal euthanasia technicia ns: a. the applicant shall furnish the Board two co mpleted fingerprint cards and a money order or cashier 's check made payable to the Oklahoma State Bureau of Investigation, Req. No. 942 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. the Board shall forwar d the fingerprint cards, along with the applicable fee fo r a national fingerprint criminal history records s earch, to the Bureau, and c. the Bureau shall retain one set of fingerprints in the Automated Fingerprint Identifica tion System (AFIS) and submit the other set to the Federal Bureau of Investigation (FBI) for a national criminal history records search; 24. Establish standards for animal chiropractic diagnosis and treatment. The standards shall include but not be limit ed to a requirement that a veter inarian who holds himself or herself out to the public as certified to engage in animal chiropractic diagnos is and treatment shall: a. carry at least One Million Dollars ($1,000,000.00) o f additional malpractice coverage to perform animal chiropractic diagnosis and treatment, and b. have appropriate training in animal chiropractic diagnosis and treatment. The V eterinary Examining Board shall have the authority to establish educational criteria for certification standards in animal chiropractic diagnosis an d treatment. The Veterinary Examining Board shall work i n conjunction with the Board of Chiropractic Examin ers to establish comparable standards for the practice of animal Req. No. 942 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 chiropractic diagnosis and treatment for both medic al professions within thirty (30 ) days after the effective date of this act. The Board s hall certify any licensed veterinarian wishing to e ngage in animal chiropractic diagnosis and treatment who meets the standards established by the Board pursuant to th is paragraph. Upon request, the Board shall make available to the public a list of licen sed veterinarians so certified; and 25. Give scholarships, as determined by the Board, to an individual advancing toward obtainin g a degree in veterinary medicine from an Oklahoma higher education i nstitution and take such other action as may be reasonabl y necessary or appropriate to effectuate the Oklahoma Veterinary Practice Act . The Board may, at its discretion, contract with o ther state agencies and nonprofit corporations for the endowment, mana gement and administration of scholarships. The requirements of such scholarships shall be determined by the Board. However, nothing contained herein shall be construed as requiring the Board to endow or award any scholars hip; and 26. Perform such other duties and exercise such other powers as the provisions and enforcement of the Oklahoma Veterinary Practice Act may require. Req. No. 942 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 4. AMENDATORY 59 O.S. 2011, Section 698.8, is amended to read as follows: 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 Medical Examiners. B. Requirements for licensure or certification shall be set by the Board and may be changed as the education and training for the practice of veterinary med icine changes. Prior to issuance of a license or certificate to practice veterinary medicine in this state, the applicant shall h ave been found by the Board to be of good moral character and the Boa rd shall consider but not be limited to the following evi dence of suitability to practice: 1. a. Graduation from an approved school of veterinary medicine whose requirements at the time of graduation are acceptable to the Board. b. Graduates of schools o f veterinary medicine located outside the United States a nd Canada shall be held to the same standards for e vidence of suitability to practice as are graduates of schools of veterinary medicine located within the United Stat es in that applicants shall conf orm in all respects to the requirements set forth in this section. Where necessary, further examination sha ll be administered by the Board or its designee to determine competency Req. No. 942 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to practice. In addition, applicants shall demonstrate a command of the Eng lish language satisfactory to the Board. Documents and m aterial submitted in support of application for lic ensure or certification, if in a foreign language, shall be translated and certified as accurate by an organization acceptable to the Board; 2. Satisfactory completion of a minimum number of months of education in veterinary medicine as a requirement for graduation from a school of veterinary medicine as set by the Board; 3. Evidence that the applicant for licensure o r certification is of good moral character; 4. a. Except as otherwise provided by this pa ragraph, evidence that the applicant has passed exa minations satisfactory to the Board and that the examination score is acceptable to the Board. The Board may set minimum passing scores for examina tions 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 cl inical practice of veterinary medicin e for a period of at least five thousand (5,000) hours during the five (5) consecutive years immediately prior to making Req. No. 942 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 application in Oklahoma and hold a license to practice veterinary medicine in another state, terri tory, district or province of the Uni ted States and Canada and successfully passed the Oklahoma State Jurisprudence Examinatio n; 5. Evidence that the applicant has demonstrated familiarity with the statutes and rules set by the Board; 6. Evidence that th e applicant is mentally and professio nally capable of practicing vete rinary medicine in a competent manner as determined by the Board and willing to submit, if deemed appropriat e 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 un der 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 wi th the practice of veterinary me dicine; 8. If the Board deems it necessary, a personal a ppearance by the applicant before the Board in supp ort of the applicant 's application for licensure or certification. If the Boar d is not satisfied with the credentia ls of the applicant, or demonstr ation of knowledge or skills presented, the Board may req uire further examination or supervised practice bef ore reconsideration of the application; and Req. No. 942 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Evidence that all required fees have been paid. C. Practice without the legal possession of an acti ve license or certificate shall be prohibited, and eviden ce of said the practice shall be reported by the Bo ard to the district attorney of the county in which the practice is found to occur. D. Certificates may be issued to an y veterinarian who has failed to obtain or failed to maintain a regular license to pr actice 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 ha ve been met as set by rules and policies of the Board. Certificates may be issued fo r, but not limited to, the practice of veterinary m edicine under the direct supervision of a licensed veterinarian while the applicati on for full licensure is pending. E. Any active military or their spouse who is licensed in veterinary medicine or is reg istered or certified as a veterinary technician in another state may submit a completed application 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 for su ch active military or their spouse. SECTION 5. AMENDATORY 59 O.S. 2011, Sectio n 698.30, is amended to read as follows: Req. No. 942 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 698.30. A. The State Board of Veterinary Medical Examiners shall annually certify any practitioner of teeth floating, known as a nonveterinar y equine dental care provider and as defined by paragraph 25 of Section 698.2 of Title 59 of the Oklahoma Statutes. Certification shall be issued within ninety (90) days o f application, and to be eligible for this certification, nonveterinary equine denta l care providers shall provide proof of qualification to be a no nveterinary equine dental care provider using one of the following methods: 1. Completion of at least eight y (80) hours of training in equine dentistry at the Texas Institute of Equine Dentis try, 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 certifyi ng organization approved by the State Board of Veterinary Medical Examiners. B. Prior to July 1, 2011, teeth floaters shall be granted certification upon submission of a signed and notarized affidavit from three persons who are residents of this state, st ating that they know this individual and the individual is known by the community to be a nonveterinary equine dental care provider. O f the three residents, one shall be from a veterinarian that is licensed to practice in the state; and one shall be from the current Req. No. 942 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 president of any official statewide association representing horses, horse breeds or horsemen, or a horse owner currently r esiding in the state. C. Proof of four (4) hours of continuing education shall be required for annual certification rene wal 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 sha ll be obtained in the twelve-month period immediately preceding the year for which t he certification is to be issued. D. C. If prescription drugs , not to include any controlled dangerous substances as def ined in the Uniform Controlled Dangerous Substances Act, are to be used in nonveterinary equine dental care procedures, the equine owne r shall contact a veterinarian licens ed by the state. If the ve terinarian deems that prescription drugs , not to include any controlled dangerous substances as defined in t he Uniform Controlled Dangerous Substances Act, are necessary, the veterinarian may assemble those drugs and may allow th e 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 eq uine owner. No prescription drugs shall be prescribed, dispensed, or Req. No. 942 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 administered without the establishment of a valid c lient-patient relationship between the equine owner and the veterinarian. Prescription drugs must be used in accordance with United St ates Food and Drug Administration regulations. E. D. Complaints related to any teeth floater nonveterinary equine dental care provider shall be filed with the State Veterinarian through the Oklahoma Depar tment of Agriculture, Food, and Forestry. The Stat e Veterinarian may investigate complaints, and may forward findings as it deems appr opriate to the appropriate law enforcement entity. SECTION 6. 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 individua l as a nonveterinary reproductive services technician who quali fies and passes a written certification examination appro ved by the Board and who holds a Ph.D. from an accredited college or university with emphasis in animal reproductive physiology, or a Ma ster of Science degree from an accredited college or university with emphasis in animal reproductive physiology and Boar d Certification in animal physiology by the American Registry of Professional Animal Scientists, which certification authorizes them to provide nonveterinary reproductive services as defined in the O klahoma Veterinary Practice Act. Req. No. 942 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Prior to July 1, 201 2, 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 practi cal experience in embryo transfer in ruminating animals a s verified in writing by sworn affidavit from at le ast two client animal owners and from two approved certified members of the American Embryo Transfer Association, shall be allowed to become certifi ed as a nonveterinary reproductive services technician up on passing a written certification examination appr oved by the Board. C. In connection with performing nonveterinary reproductive services, federal legend drugs shall be p rescribed and dispensed only on the order of a licensed veterinarian who has an exis ting veterinarian-client-patient relationship as de fined by the Oklahoma Veterinary Practice Act and the rules of the Board and shall o nly be administered in accordance wit h the act. Every nonveteri nary reproductive services technician shall keep and main tain medical records that include the source of any prescription drugs used in connection with providing nonveterinary reproductive ser vices, including the name and address of the veterinarian prescr ibing or dispensing the drugs, the date the drugs are rec eived, the species and description of the animal in volved, the animal owner or client name and address, and the medications administere d including date and dosage. All med ical records pertaining to prescription drugs Req. No. 942 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 wa s administered. D. C. Proof of at least eight (8) hours of cont inuing education from courses and study approved by the B oard shall be required for annual certification ren ewal as a nonveterinarian reproductive services technician. E. D. The certification examination and continuing education described in this section shall be approved by the Examination Committee that is ov erseen by the Board and consists of: 1. A veterinarian designated by the Dean of the Oklahoma State University Center of Veterinary He alth Sciences; 2. An animal scienti st with a Ph.D. with an emph asis 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 Embr yo Transfer Association. SECTION 7. AMENDATORY 59 O.S. 2011, Section 698.33, is amended to read as follows: Section 698.33. A. There is hereby est ablished the veterinary training program for rural Oklahoma to be administered by t he Oklahoma State University Center f or Veterinary Health Science s. The program shall be developed and implemented in ord er to provide encouragement, opportunities, and inc entives for persons pursuing a Req. No. 942 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 veterinary medicine degree at Oklahoma State Univers ity to locate their veterinary practi ce in rural Oklahoma communi ties, and receive specialized training targeted to meet t he needs of livestock producers in rural Oklahoma c ommunities. B. Subject to available funds, each year the Veterinary Center may enter into program agreements with up to three first-year veterinary students or currently practicing large animal veterinarians with qualifying school loans, as determined by the Veterinary Center. Preference shall be given to those students and large animal veterinarians who are Oklahoma resi dents and who agree to serve in a community as described in paragraph 3 of subsection D of this section, which is determined by the Vete rinary Center to be an underserved area for the practice of veterinary medicine. C. Subject to available funds, each st udent or large animal veterinarian entering into a program agreement under this secti on shall receive assistance in an amount not to exc eed Twenty Thousand Dollars ($20,000.00) per year for not more than four (4) years for tuition, books, supplies, and oth er school expenses, and trav el and training expenses incurred by the student in pursu ing a veterinary medicine degree. Upon satisfactio n of all commitments under the provisions of the agreement and the provisions of th is section, the financial obligations pursuant to this section sh all be deemed satisfied and forgiven. Req. No. 942 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, regulator y veterinary medicine and zoonotic disease, and an externship and mentoring requirement with a licensed, accredited veterinarian in ru ral Oklahoma as required by the Veter inary Center; 3. Engage in the full-time practice of veterinary medicine in any community in Oklahoma which has a population not exceed ing twenty-five thousand (25,000) as determined by the most recent Federal Decennial Census at the time the person enter ed into the program agreement for a period of at least twelve (12) continuous months for each separate year a student receives assistanc e under the program, unless the obligation is otherwise satisfied as provided in this section. If, after the date a pro gram agreement was entered into by the parties, a community no longer meets the maximum population requirements provided in this paragra ph, 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 Req. No. 942 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 person's degree program, or if the person enters a postdegree training program, such as a graduate school or inte rnship or residency program, within ninety (90) days afte r completion of the postdegree training program. E. Upon the failure of a person to satisfy the obligation to engage in the full-time practice of veterinary medicine in accordance with the provision s of this section, that person shall repay to the Veterin ary Center, within ninety (90) days of the failure, the amount equal to the assistance provided to the person less a prorated amount b ased on any periods of practice of veterinary medicine meeting th e requirements of this section, plus interest at the prim e 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 v eterinary medicine in accordance with the provisions of this section shall be postponed during: 1. Any period of temporary medical disa bility during which the person obligated is unable to practice veterinary medicine due to the disability; and 2. Any other period of postponement a greed to or determined in accordance with criteria agreed to in the practice agreement. Req. No. 942 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. An obligation to engage in the practice of veterinary medicine in accordance with the provisions of the agreement and this section shall be satisfied: 1. If the obligation to engage in the practice of veterinary medicine in accordance with the agreement has been complete d; 2. If, because of permanent disability, the person obligated is unable to practice veterinary medicine; or 3. The person who is obligated dies. H. The Veterinary Center may adopt additional provision s, requirements, or conditions to participate in th is program as are practicable and appropriate to accomplish the provisions of the program or may be required for the imp lementation or administratio n of the program, and are not inconsistent with the provi sions of this section. I. The Veterinary Center sh all not enter into any program agreements pursuant to the provisions of this sectio n after July 1, 2018 2025. All agreements entered into prior to such date shall be valid. SECTION 8. This act shall become effective November 1, 202 1. 58-1-942 NP 1/5/2021 2:51:06 PM