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ENGROSSED SENATE
BILL NO. 270 By: Murdock and Bergstrom of
the Senate
and
Hasenbeck of the House
An Act relating to professions and occupati ons;
amending 59 O.S. 2011, Sections 698. 2, 698.3, as last
amended by Section 3, Chapter 116, O .S.L. 2020,
698.4, 698.7, as amended by Section 14, Chapter 428,
O.S.L. 2019, 698.8, 698.30, 698.30a and 698.33 (59
O.S. Supp. 2020, Sections 698.3 and 698.7), which
relate to the Oklahoma Veterinary Practice Act ;
modifying definitions; modifying termination date for
certain board; removing obsolete language; modifying
powers and duties of the Board; modifying reciprocity
of license; modifying certification of nonveterinary
equine dental care; removing obsolete language;
extending prohibition for program ag reements; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
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 Medical
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;
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3. "Veterinarian" means a person who has received a degree in
veterinary medicine or its equivalent from a school of veterinary
medicine;
4. "Licensed veterinarian " means any veterinarian who hol ds an
active license to practice v eterinary medicine in th is state;
5. "School of veterinary medicine" means any veterinary college
or division of a university or college that offers the degree of
doctor of veterinary medicine or its equivalent, which 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 technician 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 equivalent;
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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 Board;
9. "Veterinary technolog y" 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, medications, or
appliances, where a vali d veterinarian-client-patient relationship
exists;
10. "Direct supervision" means:
a. directions have been given to a veterinary technic ian,
nurse, laboratory technician, intern, veterinary
assistant or other employee for medical care following
the examination of an animal by the licensed
veterinarian responsible for the 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 anim al,
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
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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 pursuant to the Oklahoma Veterinary
Practice Act or any other applicable statutes;
12. "Supervised Doctor of Veterinary Medicine Certificate "
means authorization to practice veterinary medicine with certain
limitations or restrictions on that practice, set by the Board or
authorization to perform certain enumerated functions peripheral to
the practice of veterinary medicine as set by the Board and has a
certificate issued pursuant to Section 698.8 of this title;
13. "Veterinarian-client-patient relationship" means when:
a. the licensed veterinarian has assumed the
responsibility for making medical judgments regarding
the health of an animal or animals and the need for
medical treatment, and the client , owner or other
caretaker has agreed to follow the instructions of the
licensed veterinarian, and
b. there is sufficient knowledge of the anim al 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:
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(1) the licensed veterinarian has recently seen or is
personally acquainted with the keeping and c are
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, and
c. the licensed veterinarian is readily available for
follow-up in case of adverse reactions or failure of
the regimen of therapy, or has arranged for 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 p ractice
of veterinary medicine occurs, including, but not limited to, a
mobile unit, mobile clinic, outpatient cl inic, satellite clinic,
public service outreach of a veterinary facility, or veterinary
hospital or clinic. The term "veterinary premises" shall not
include the premises of a client of a licensed veterinarian or
research facility;
15. "Veterinary prescription drugs" means such prescription
items as are in the possession of a person regularly and lawfully
engaged in the manufacture, transportati on, 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
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of their toxicity or other potential for harmful effects, or method
of use, or the collateral m easures necessary 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 under
the supervision of a licensed veterinarian for use in the course of
professional practice. Veterinary prescription drugs shall not
include over-the-counter products for which adequate direct ions for
lay use can be written;
16. "ECFVG certificate" means a certificate issued by the
American Veterinary Medical Association Education C ommission 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 approved college of veterinary
medicine;
17. "Executive Director" means the Executive Director of the
State Board of Veterinary Medical Examiners or the authorized
representative of such official;
18. "Telemedicine" or "telehealth" shall mean the transmission
of diagnostic images such as, but not limited to, radiographs,
ultrasound, cytology, endoscopy, photographs and case information
over ordinary or cellular pho ne lines to a licensed veterinaria n or
board-certified medical specialist for the purpose of consulting
regarding case management with the primary care licensed
veterinarian who transmits the cases means the practice of
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veterinary medicine including diagnosis, consultation, evaluation ,
treatment, transfer of med ical data or exchange of information by
means of a two-way, real-time interactive communication between a
client or patient and a veterinarian with access to and reviewing
the patient's relevant information prior to the telemedicine visit.
Telemedicine or telehealth shall not include consultations provided
by telephone audio-only communication. A veterinarian using
telehealth technologies shall take appropriate steps to establish
the veterinarian-client-patient relationship and conduct all
appropriate evaluations and history of the patient consistent with
traditional standards of care for the particular patient
presentation. A veterinarian shall be licensed, or under the
jurisdiction of, the veterin ary board of the jurisdiction whe re the
patient is located. The practice of medicine occurs where the
patient is located at the time telehealth technologies are used ;
19. "Person" means any individual, firm, partnership,
association, joint venture, coope rative, corporation, or any other
group or combination act ing in concert, and whether or not acting as
a principal, trustee, fiduciary, receiver, or as any other kind of
legal or personal representative, or as the successor in interest,
assignee, agent, factor, servant, employee, director , officer,
fictitious name certificate, or any other representative of such
person;
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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 circumstances, 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 o r 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 relinquishment of all rights and
claims by the owner to an animal;
23. "Animal chiropractic diagnosis 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;
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24. "Animal euthanasia technician" means an employee of a law
enforcement agency, an animal control agency, or animal shelt er 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 nonveter inary 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 animals. It shall not include dental
procedures on canines and felines;
26. "Nonveterinary reproductive services" means nonveterinary
services provided by an indivi dual certified by the Board as a
nonveterinary reproductiv e services technician, and involves and
shall be limited to nonsurgical embryo transfer in ruminating
animals including cattle, sheep, goats, farmed deer and other
ruminating exotic animals such as those found in zoos, and may
include basic ultrasonography of their ovaries to evaluate the
response to embryo-transfer-associated procedures and of the uterus
to determine pregnancy by the detection of a heartbeat within the
transferred embryo at or 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,
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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 Advisory 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 technology, 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 Oklahoma Veterinary Practice
Act. Reference to the advisory committee in this act sha ll 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 reproductive services; and
30. "Probable Cause Committee" 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 698.3, as
last amended by Section 3, Chapter 116, O.S.L. 2020 (59 O.S. Supp.
2020, Section 698.3), is amended to read as follows:
Section 698.3. A. The State Board of Veterinary Medical
Examiners is hereby re -created, to continue until July 1, 2023 2025,
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in accordance with the provisions of the Oklah oma Sunset Law, to
regulate and enforce the practice of veterinary medicine in thi s
state in accordance with the Oklahoma Veterinary Practice Act.
B. 1. The duty of determining a person's initial and
continuing qualification and fitness for the practice of veterinary
medicine, of proceeding against the unlawful and unlicensed practice
of veterinary medicine and of enforcing the Oklahoma Veterinary
Practice Act is hereby delegated to the Board. That duty s hall be
discharged in accordance with the Oklahoma Veterinary Practice Act
and other applicable statutes.
2. a. It is necessary that the powers conferred on the Board
by the Oklahoma Veterinary Practice Act be construed
to protect the health, safety and we lfare of the
people of this state.
b. No member of the Board, acting in that capacity or as
a member of any Board committee, shall p articipate in
the making of any decision or the taking of any action
affecting such member's own personal, professional or
pecuniary interest, or that of a person related to the
member within the third degree by consanguinity,
marriage or adoption or of a business or professional
associate.
c. With advice of legal counsel, the Board shall adopt
and annually review a conflict of interest policy to
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enforce the provisions of the Oklahoma Veterinary
Practice Act.
C. The practice of veterinary medicine is a pri vilege granted
by the people of this state acting through their elected
representatives. It is not a natural right of indiv iduals. In the
interest of the public, and to pro tect the public, it is necessary
to provide laws and rules to govern the granting and subsequent use
of the privilege to practice veterinary medicine. The primary
responsibility and obligation of the Board is to protect the public
from the unprofessional, improper, incompetent and unlawful practice
of veterinary medicine.
D. The liability of any member or employee of the Board acting
within the scope of Board duties or employment shall be governed by
The Governmental Tort Claims Act.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 698.4, is
amended to read as follows:
Section 698.4. A. 1. The State Board of Veterinary Med ical
Examiners shall consist of six (6) members, appointe d by the
Governor with the advice and consent of the Senate. The Board shall
consist of five licensed veterinarian members, and one lay person
representing the general public.
2. Each veterinary me mber shall be a graduate of an approved
school of veterinary medicine, shall be a currently licensed
veterinarian and shall have held an ac tive license for the three (3)
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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 redraw n each member appointed prior to
July 1 of the year in which such modification becomes 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 red rawn districts. Appointments
made after July 1 of the year in which such modification 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 rep resented 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 veter inarian members, one must be an
equine practitioner and one must be a large animal practitioner.
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 resid ents of the State of Oklahoma and be
persons of integrity and good reputation. No member shall be a
registered lobbyist. No member shall be an officer, board member or
employee of a statewide or national organization established for the
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purpose of advocating the interests of or conducting peer review of
veterinarians licensed pursuant to 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 consecutively for more than two
(2) terms. Not more than two (2) terms shall expi re in each year,
and vacancies for the remainder of an unexpired term shall be filled
by appointment by the Governor. Members shall serve beyond the
expiration of their term until a successor is appointed by the
Governor. The initial appointee for the 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 beginn ing of the vacancy.
Nominees considered by the Governor for appointment to the Board
must be free of pending discipl inary action or active investigation
by the Board.
C. A member may be removed from the Board by the Governor for
cause which shall include , but not be limited to, if a member:
1. Ceases to be qualified;
2. Is found guilty by a court of competent jurisdi ction of a
felony or unlawful act which involves moral tu rpitude;
3. Is found guilty of malfeasance, misfeasance or nonfeasance
in relation to Board duties;
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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 Boa rd.
SECTION 4. 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 Ex aminers
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 pow er 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
b. employ or enter into agreements with organizations or
agencies to provide examinatio ns 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;
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3. Prescribe the time, place, method, manner, scope and
subjects of examination f or 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 r elating 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 Veteri nary Practice Act, and
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 acceptable
verifying evidence for an y information provided the
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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 sources 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 applications 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 with the Oklahoma
Veterinary Practice Act and the Administrative
Procedures Act, and
c. adjudicate matters that come before the Board for
judgment pursuant to the Oklahoma Veterinary Practice
Act upon clear and convincing evidence and issue final
decisions on such matters to discipline lic ensees and
certificate holders;
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8. a. impose sanctions, deny licenses and certificates and
renewals thereof, levy rei mbursement costs, seek
appropriate administrative, civil or criminal
penalties or any combination of these against those
who violate examination security, who attempt to or
who do obtain licensure or certification by fraud, who
knowingly assist in illegal activities, or who aid and
abet the illegal practice of v eterinary medicine,
b. review and investigate complaints and adverse
information about licensees and certificate holders,
c. discipline licensees and certificate holders,
d. institute proceedings in courts of competent
jurisdiction to enforce Board orders and provisions of
the Oklahoma Veterinary Practice Act,
e. (1) establish mechanisms for dealing with licensees
and certificate holders who abuse or are
dependent on or addicted to alcohol or other
chemical substances, and enter into agreements,
at its discretion, with professional
organizations whose relevant procedures and
techniques it has evaluated and approved for
their cooperation or participation in the
rehabilitation of the licensee or certific ate
holder,
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(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 those engaged in such practice;
11. Establish appropriate fees and charges to ensu re active and
effective pursuit of Board responsibilities;
12. Employ, direct, reimburse, evaluate and dismiss staff in
accordance with state procedures;
13. Establish policies for Board operations;
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14. Respond to legislative inquiry regarding those cha nges in,
or amendments to, the Oklahoma 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 proceedings 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 standard of proof
and issue final decisions when acting as trier of fact in the
performance of its adjudicatory duties;
17. Determine and direct Board operating, administrat ive,
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 discre tion may be necessary to
protect the health, saf ety and welfare of the public;
19. Determine continuing education re quirements. Such
continuing education shall include not less than one (1) hour of
education in pain management or one (1) hour of educatio n in opioid
use or addiction annually, unless th e licensee has demonstrated to
the satisfaction of the Board that the licensee does not currently
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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 t o 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 completed
fingerprint cards and a money order or cashier's check
made payable to the Oklahoma State Bureau of
Investigation,
b. the Board shall forwar d the fingerprint cards, along
with the applicable fee fo r a national fingerprint
criminal history records search, to the Bureau, and
c. the Bureau shall retain one set of fingerprints in the
Automated Fingerprint Identification System (AFIS) and
submit the other set to the Federal Bureau of
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Investigation (FBI) for a national criminal history
records search;
24. Establish standards for anima l chiropractic diagnosis and
treatment. The standards shall include but not be limited to a
requirement that a veter inarian who holds himself or herself out to
the public as certified to engage in animal chiropractic diagnosis
and treatment shall:
a. carry at least One Million Dollars ($1,000,000.00) o f
additional malpractice coverage to perform animal
chiropractic diagnosis and treatment, and
b. have appropriate training in animal chiropractic
diagnosis and treatment. The Veterinary Examining
Board shall have the authority to establish
educational criteria for certification standards in
animal chiropractic diagnosis an d treatment. The
Veterinary Examining Board shall work i n conjunction
with the Board of Chiropractic Examiners to establish
comparable standards for the practice of animal
chiropractic diagnosis and treatment for both medical
professions within thirty (30 ) days after the
effective date of this act. The Board s hall certify
any licensed veterinarian wishing to engage in animal
chiropractic diagnosis and treatment who meets the
standards established by the Board pursuant to this
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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 B oard, 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 conta ined herein shall be
construed as requiring the Board to endow or award any scholarship;
and
26. Perform such other duties and exercise such other powers as
the provisions and enforcement of the Oklahoma Veterinary Practice
Act may require.
SECTION 5. AMENDATORY 59 O.S. 2011, Section 698.8, is
amended to read as follows:
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 Me dical Examiners.
B. Requirements for licensure or certification shall be set by
the Board and may be changed as the education and training for the
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practice of veterinary med icine changes. Prior to issuance of a
license or certificate to practice veterina ry 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 ve terinary
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 evidence of suitability to
practice as are graduates of schools of veterinary
medicine located within the United States in that
applicants shall conf orm in all respects to the
requirements set forth in this section. Where
necessary, further examination shall be administered
by the Board or its designee to determine competency
to practice. In addition, applicants shall
demonstrate a command of the Eng lish language
satisfactory to the Board. Documents and m aterial
submitted in support of application for licensure or
certification, if in a foreign language, shall be
translated and certified as accurate by an
organization acceptable to the Board;
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2. Satisfactory completion of a minimum number of months of
education in veterinary medicine as a requirement for graduation
from a school of vet erinary medicine as set by the Board;
3. Evidence that the applicant for licensure or certification
is of good moral character;
4. a. Except as otherwise provided by this pa ragraph,
evidence that the applicant has passed examinations
satisfactory to the B oard 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 medicine for a period of at
least five thousand (5,000) hours during the five (5)
consecutive years immediately prior to making
application in Oklahoma and hold a license to prac tice
veterinary medicine in another state, terri tory,
district or province of the United 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;
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6. Evidence that th e applicant is mentally and professionally
capable of practicing vete rinary medicine in a competent manner as
determined by the Board and willing to submit, if deemed appropriate
by the Board, to an evaluatio n 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 with the
practice of veterinary me dicine;
8. If the Board deems it necessary, a personal a ppearance by
the applicant before the Board in support of the applicant 's
application for licensure or certification. If the Boar d is not
satisfied with the credentials of the applicant, or demonstr ation of
knowledge or skills presented, the Board may req uire further
examination or supervised practice before reconsideration of the
application; and
9. Evidence that all required fees have been paid.
C. Practice without the legal possession of an acti ve license
or certificate shall be prohibited, and eviden ce of said the
practice shall be reported by the Board to the district attorney of
the county in which the practice is found to occur.
D. Certificates may be issued to any veterinarian who has
failed to obtain or failed to maintain a regular license to pr actice
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veterinary medicine. Such certificates may be issued by the Board
at such times as the Board determines that all requirements for
possession of such certificate have been met as set by rules and
policies of the Board. Certificates may be issued fo r, but not
limited to, the practice of veterinary medicine 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 comp leted application for
licensure or registration in Oklahoma and if found to be in good
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 such active military or
their spouse.
SECTION 6. AMENDATORY 59 O.S. 2011, Sectio n 698.30, is
amended to read as follows:
Section 698.30. A. The State Board of Veterinary Medical
Examiners shall annually certify any pr actitioner 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 of
application, and to be eligib le for this certification,
nonveterinary equine denta l care providers shall provide proof of
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qualification to be a no nveterinary equine dental care provider
using one of the following methods:
1. Completion of at least eighty (80) hours of training in
equine dentistry at the Texas Institute of Equine 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 certifying organization approved by
the State Board of Veterinary Medical Examiners.
B. Prior to July 1, 2011, teeth floaters shall be granted
certification upon submission of a signed and notarized affidavit
from three persons who are residents of this state, stating that
they know this individual and the individual is known by the
community to be a nonveterinary equine dental care provider. Of the
three residents, one shal l be from a veterinarian that is licensed
to practice in the state; and one shall be from the current
president of any official statewide association representing horses,
horse breeds or horsemen, or a horse owner currently residing in the
state.
C. Proof of four (4) hours of continuing education shall be
required for annual certification renewal for teeth floaters a
nonveterinary equine dental care provider . This continuing
education shall be a course approved by the Texas Institute of
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Equine Dentistry, the Academy of Equine Dentistry, the State Board
of Veterinary Medical Examiners, the International Association of
Equine Dentistry or a similar organization approved by the State
Board of Veterinary Medical Examiners and shall be obtained in the
twelve-month period immediately preceding the year for which 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 nonvete rinary equine dental care
procedures, the equine owne r shall contact a veterinarian licensed
by the state. If the ve terinarian deems that prescription drugs ,
not to include any controlled dangerous substances as defined in the
Uniform Controlled Dangerous Substances Act, are necessary, the
veterinarian may assemble those drugs and may allow the owner or the
owner's agent, who can be a nonveterinary equine dental care
provider, to pick up those drugs and deliver them to the equine
owner. No prescription dr ugs shall be prescribed, dispensed, or
administered without the establishment of a valid client-patient
relationship between the equine owner and the veterinarian.
Prescription drugs must be used in accordance with United States
Food and Drug Administrati on 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,
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and Forestry. The State Veterinarian may investigate complaints,
and may forward findings as it deems appr opriate to the appropriate
law enforcement entity.
SECTION 7. AMENDATORY 59 O.S. 2011, Section 698.30a, is
amended to read as follows:
Section 698.30a. A. The State Board of V eterinary 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 wi th 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 Anim al Scientists, which
certification authorizes them to provide nonveterinary reproductive
services as defined in the O klahoma Veterinary Practice Act.
B. Prior to July 1, 201 2, an individual with a Bachelor of
Science degree from an accredited college or u niversity, 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 least two client animal owners an d from two
approved certified members of the American Embryo Transfer
Association, shall be allowed to become certifi ed as a nonveterinary
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reproductive services technician up on passing a written
certification examination approved by the Board.
C. In connection with performing nonveterinary reproductive
services, federal legend drugs shall be prescribed and dispensed
only on the order of a licensed veterinarian who has an exis ting
veterinarian-client-patient relationship as defined by the Oklahoma
Veterinary Practice Act and the rules of the Board and shall o nly be
administered in accordance with 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 involved, the animal owner or cli ent
name and address, and the medications administere d including date
and dosage. All medical records pertaining to prescription drugs
shall be made available for inspection by the Board or the Board's
agent upon request and must be kept and maintained fo r 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 renewal as a nonveterinarian repro ductive
services technician.
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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 scientist 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 8. AMENDATORY 59 O.S. 2011, Section 698.33, is
amended to read as follows:
Section 698.33. A. There is hereby established the veterinary
training program for rural Oklahoma to be administered by t he
Oklahoma State University Center for Veterinary Health Science s.
The program shall be developed and implemented in ord er to provide
encouragement, opportunities, and incentives for persons pursuing a
veterinary medicine degree at Oklahoma State Univers ity to locate
their veterinary practice in rural Oklahoma communi ties, and receive
specialized training targeted to meet t he needs of livestock
producers in rural Oklahoma communities.
B. Subject to available funds, each year the Veterinary Center
may enter into program agreements with up to three first-year
veterinary students or currently practicing large animal
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veterinarians with qualifying school loans, as determined by the
Veterinary Center. Prefere nce shall be given to those students and
large animal veterinarians who are Oklahoma residents and who agree
to serve in a community as described in paragraph 3 of subsection D
of this section, which is determined by the Veterinary Center to be
an underserved area for the practice of veterinary medicine.
C. Subject to available funds, each student or large animal
veterinarian entering into a program agreement under this secti on
shall receive assistance in an amount not to exceed Twenty Thousand
Dollars ($20,000.00) per year for not more than four (4) years for
tuition, books, supplies, and other school expenses, and trav el and
training expenses incurred by the student in pursu ing a veterinary
medicine degree. Upon satisfaction 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.
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
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requirement with a licensed, accredited veterinarian in ru ral
Oklahoma as required by the Veterinary Center;
3. Engage in the full-time practice of veterinary medicine in
any community in Oklahoma which has a population not exceeding
twenty-five thousand (25,00 0) as determined by the most recent
Federal Decennial Census at the time the person entered into the
program agreement for a period of at least twelve (12) continuous
months for each separate year a student receives assistance under
the program, unless the obligation is otherwise satisfied as
provided in this section. If, after the date a program agreement
was entered into by the parties, a community no longer meets the
maximum population requirements provided in this paragraph, a person
engaging in the full-time practice of veterinary medicine pursuant
to the program agreement shall continue to practice in that
designated community; and
4. Commence the full -time practice of veterinary medicine in
that community within ninety (90) days after completion of the
person's degree program, or if the person enters a postdegree
training program, such as a graduate school or 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
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repay to the Veterin ary Center, within ninety (90) days of the
failure, the amount equal to the assist ance 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. Th e interest shall be compounded
annually.
F. An obligation to engage in the practice of veterinary
medicine in accordance with the provisions of this section shall be
postponed during:
1. Any period of temporary medical disability during which the
person obligated is unable to practice veterinary medicine due to
the disability; and
2. Any other period of postponement a greed to or determined in
accordance with criteria agreed to in the practice agreement.
G. An obligation to engage in the practice of vete rinary
medicine in accordance with the provisions of the agreement and this
section shall be satisfied:
1. If the obligation to engage in the practice of veterinary
medicine in accordance with the agreement has been completed;
2. If, because of permanent disability, the person obligated is
unable to practice veterinary medicine; or
3. The person who is obligated dies.
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H. The Veterinary Center may adopt additional provision s,
requirements, or conditions to participate in this program as are
practicable and appropriate to accomplish the provisions of the
program or may be required for the implementation or administratio n
of the program, and are not inconsistent with the provi sions of this
section.
I. The Veterinary Center shall 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 9. This act shall become effective November 1, 202 1.
Passed the Senate the 11th day of February, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives