OK
Oklahoma Senate Bill SB270

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB270 Compare Versions

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327
4-An Act
5-ENROLLED SENATE
6-BILL NO. 270 By: Murdock, Bergstrom and
7-Stephens of the Senate
28+STATE OF OKLAHOMA
29+
30+1st Session of the 58th Legislature (2021)
31+
32+CONFERENCE COMMITTEE SUBSTITUTE
33+FOR ENGROSSED
34+SENATE BILL 270 By: Murdock and Bergstrom of
35+the Senate
836
937 and
1038
1139 Hasenbeck of the House
1240
1341
1442
1543
44+CONFERENCE COMMITTEE SUBSTITUTE
1645
1746 An Act relating to professions and occupations;
1847 amending 59 O.S. 2011, Sections 698.2, 698.3, as last
1948 amended by Section 3, Chapter 116, O.S.L. 2020,
2049 698.4, 698.7, as amended by Section 14, Chapter 428,
2150 O.S.L. 2019, 698.8, 698. 30, 698.30a and 698.33 (59
2251 O.S. Supp. 2020, Sections 698.3 and 698.7), which
2352 relate to the Oklahoma Veterinary Practice Act;
2453 modifying definitions; modifying termination date for
2554 certain board; removing obsolete language; modifying
2655 powers and duties of the Board; modifying reciprocity
2756 of license; modifying certification of nonveterinary
2857 equine dental care; removing obsolete language;
2958 extending prohibition for program agreements; and
3059 providing an effective date.
3160
3261
3362
3463
35-SUBJECT: Professions and occupations
36-
3764 BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
38-
3965 SECTION 1. AMENDATORY 59 O.S. 2011, Section 698.2, is
4066 amended to read as follows:
41-
4267 Section 698.2. As used in the Oklahoma Veterinary Practice Act:
43-
4468 1. “Board” means the State Board of Veterinary Medical
4569 Examiners;
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4795
48-ENR. S. B. NO. 270 Page 2
4996 2. “Animal” means any animal other than humans and includes,
5097 but is not limited to, fowl, fish, birds and reptiles, wild or
5198 domestic, living or dead;
52-
5399 3. “Veterinarian” means a person who has received a degree in
54100 veterinary medicine or its equivalent from a s chool of veterinary
55101 medicine;
56-
57102 4. “Licensed veterinarian ” means any veterinarian who holds an
58103 active license to practice veterinary medic ine in this state;
59-
60104 5. “School of veterinary medicine ” means any veterinary college
61105 or division of a university or coll ege that offers the degree o f
62106 doctor of veterinary medicine or its equivalent, which conforms to
63107 the standards required for accreditation by the American Veterinary
64108 Medical Association (AVMA) and which is recognized and approved by
65109 the Board;
66-
67110 6. “Veterinary technician” means a person who has graduated
68111 from a program accredited by the American Veterinary Medical
69112 Association, or its equivale nt which is recognized and approved by
70113 the Board, and who has passed the examination requirements set forth
71114 by the Board, and is certified to pract ice under the direct
72115 supervision of a licensed veterinarian. For the purpose of the
73116 Oklahoma Veterinary Prac tice Act, “registered veterinary technician
74117 (RVT)” will be used interchangeably with veterinary technician who
75118 is certified pursuant to Sections 69 8.21 through 698.26 of this
76119 title;
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78146 7. “Veterinary technologist ” means a person who has
79147 successfully graduate d from an AVMA-accredited bachelor degree
80148 program of veterinary technology, or its AVMA equivalent;
81-
82149 8. “Veterinary assistant” means an individual who may perform
83150 the duties of a veterinary technician or veterinary technologist ,;
84151 however, has not graduated from an AVMA-accredited technology
85152 program or its equivalent, and has not been certified by the Board;
86-
87153 9. “Veterinary technology” means the science and art of
88154 providing all aspects of professional medical care, services , and
89155 treatment for animals with the exception of diagnosis, prognosis,
90156 surgery, and prescription of any treatments, drugs, medications , or
91-
92-ENR. S. B. NO. 270 Page 3
93157 appliances, where a valid veterinarian -client-patient relationship
94158 exists;
95-
96159 10. “Direct supervision” means:
97-
98160 a. directions have been given to a veterinar y technician,
99161 nurse, laboratory technician, intern, veterinary
100162 assistant or other employee for medical care following
101163 the examination of an animal by the licensed
102164 veterinarian responsible for the professional care of
103165 the animal, or
104-
105166 b. that, under certain c ircumstances following the
106167 examination of an animal by a licensed veterinarian
107168 responsible for the professional care of the animal,
108169 the presence of the licensed veterinarian on the
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109196 premises in an animal hospital setting or in the same
110197 general area in a ran ge setting is required after
111198 directions have been given to a veterinarian who has a
112199 certificate issued pursuant to Sect ion 698.8 of this
113200 title;
114-
115201 11. “License” means authorization to practice veterinary
116202 medicine granted by the Board to an individual found b y the Board to
117203 meet certain requirements pursuant to the Oklahoma Veterinary
118204 Practice Act or any other applicable statu tes;
119-
120205 12. “Supervised Doctor of Veterinary Medicine Certificate ”
121206 means authorization to practice veterinary medicine with certain
122207 limitations or restrictions on that practice, set by the Board or
123208 authorization to perform certain enumerated functions periph eral to
124209 the practice of veterinary medicine as set by the Board and has a
125210 certificate issued pursuant to Section 698.8 of this title;
126-
127211 13. “Veterinarian-client-patient relationship ” means when:
128-
129212 a. the licensed veterinarian has assumed the
130213 responsibility for making medical judgments regarding
131214 the health of an animal or animals and the need for
132215 medical treatment, and the client, owner or othe r
133216 caretaker has agreed to follow the instructions of the
134217 licensed veterinarian, and
135-
136-ENR. S. B. NO. 270 Page 4
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138218 b. there is sufficient knowledge of the animal or animals
139219 by the licensed veterinarian to initiate at least a
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140246 general or preliminary diagnosis of the medical
141247 condition of the animal or animals in that:
142-
143248 (1) the licensed veterinarian has recently seen or is
144249 personally acquainted with the keep ing and care
145250 of the animal or animals, or
146-
147251 (2) the licensed veterinarian has made medically
148252 necessary and timely visits to the premises wh ere
149253 the animal or animals are kept or both, and
150-
151254 c. the licensed veterinarian is readily available for
152255 follow-up in case of adverse reactions or fa ilure of
153256 the regimen of therapy, or has arranged for emergency
154257 medical coverage, and
155-
156258 d. the licensed veterinar ian’s actions would conform to
157259 applicable federal law and regulations;
158-
159260 14. “Veterinary premises” means any facility wh ere the practice
160261 of veterinary medicine occurs, including, but not limited to, a
161262 mobile unit, mobile clinic, outpatient clinic, satellite clinic,
162263 public service outreach of a veterinary facility , or veterinary
163264 hospital or clinic. The term “veterinary premises” shall not
164265 include the premises of a client of a licensed veterinarian or
165266 research facility;
166-
167267 15. “Veterinary prescription drugs ” means such prescription
168268 items as are in the possession of a person regularly and lawfully
169269 engaged in the manufacture, tra nsportation, storage , or wholesale or
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170296 retail distribution of veterinary drugs and the federal Food and
171297 Drug Administration-approved human drugs for animals which because
172298 of their toxicity or other potential for harmful effects, or method
173299 of use, or the collateral measures necessary for use, are labeled by
174300 the manufacturer or distributor in compliance with federal law and
175301 regulations to be sold only to or on the prescription order or under
176302 the supervision of a licensed veterinarian for use in the course of
177303 professional practice. Vete rinary prescription drugs shall not
178-
179-ENR. S. B. NO. 270 Page 5
180304 include over-the-counter products for which adequate directions for
181305 lay use can be written;
182-
183306 16. “ECFVG certificate” means a certificate issued by the
184307 American Veterinary Medical Association Ed ucation Commission for
185308 Foreign Veterinary Graduates, indicating that the holder has
186309 demonstrated knowledge and skill equivalent to that p ossessed by a
187310 graduate of an accredited or approved college of veterinary
188311 medicine;
189-
190312 17. “Executive Director” means the Executive Director of the
191313 State Board of Veterinary Medical Examiners or the authorized
192314 representative of such official;
193-
194315 18. “Telemedicine” or “telehealth” shall mean the transmission
195316 of diagnostic images such as, but not limited to, radiographs,
196317 ultrasound, cytology, endoscopy, p hotographs and case information
197318 over ordinary or cellular phone lines to a licensed veterinarian or
198319 board-certified medical specialist for the purpose of consulting
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199346 regarding case management with the primary care licensed
200347 veterinarian who transmits the cas es means the practice of
201348 veterinary medicine including diagnosis, consultation, evaluation,
202349 treatment, transfer of medical data or exchange of information by
203350 means of a two-way, real-time interactive communication between a
204351 client or patient and a veterina rian with access to and reviewing
205352 the patient’s relevant information prior to the telemedicine visit.
206353 Telemedicine or telehealth shall not include consultations provided
207354 by telephone audio-only communication. A veterinarian usi ng
208355 telehealth technologies shall take appropriate steps to establish
209356 the veterinarian-client-patient relationship and conduct all
210357 appropriate evaluations and history of the patient consistent with
211358 traditional standards of care for the particular patient
212359 presentation. A veterinarian shall be licensed, or under the
213360 jurisdiction of, the veterinary board of the jurisdiction where the
214361 patient is located. The practice of medicine occurs where the
215362 patient is located at the time telehealth technologies are used ;
216-
217363 19. “Person” means any individual, firm, partnership,
218364 association, joint venture, cooperative, corporation , or any other
219365 group or combination acting in concert, and whether or not acting as
220366 a principal, trustee, fiduciary, receiver , or as any other kind o f
221367 legal or personal represe ntative, or as the successor in interest,
368+assignee, agent, factor, servant, employee, director, officer,
222369
223-ENR. S. B. NO. 270 Page 6
224-assignee, agent, factor, servant, employee, director, officer,
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225395 fictitious name certificate , or any other representative of such
226396 person;
227-
228397 20. “Food animal” means any mammalian, poultry, fo wl, fish, or
229398 other animal that is raised primarily for human food consumption;
230-
231399 21. “Surgery” means the branch of veterinary science cond ucted
232400 under elective or emergency circumstances, which treats diseases,
233401 injuries and deformities by manual or operative methods including,
234402 but not limited to, cosmetic, reconstructive, ophthalmic,
235403 orthopedic, vascular, thoracic , and obstetric procedures. The
236404 provisions in Section 698.12 of this title shall not be construed as
237405 surgery;
238-
239406 22. “Abandonment” means to forsake entirely or to neglect or
240407 refuse to provide or perform the legal obligations for care and
241408 support of an animal by its owner, or the owner ’s agent.
242409 Abandonment shall constitute the relinquishment of all rights and
243410 claims by the owner to an animal;
244-
245411 23. “Animal chiropractic diagnosis and treatment” means
246412 treatment that includes vertebral subluxation complex (vcs) (VSC)
247413 and spinal manipulation of nonhuman vertebrates. The term “animal
248414 chiropractic diagnosis and treatment ” shall not be construed to
249415 allow the:
250-
251416 a. use of x-rays,
252-
253417 b. performing of surgery,
254-
255418 c. dispensing or administering of medications, or
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257445 d. performance of traditional veterinary ca re;
258-
259446 24. “Animal euthanasia technician ” means an employee of a law
260447 enforcement agency, an animal control agency , or animal shelter that
261448 is recognized and approved by the Board, who is certified by the
262449 Board and trained to administer sodium pentobarbital to euthanize
263450 injured, sick, homeless or unwanted domestic pets and other animals;
264-
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267451 25. “Teeth floating”, as provided by a nonveterinary equine
268452 dental care provider, means the removal of enamel points and the
269453 smoothing, contouring and leveling of dental arcad es and incisors of
270454 equine and other farm animals. It shall not include dental
271455 procedures on canines and felines;
272-
273456 26. “Nonveterinary reproductive services” means nonveterinary
274457 services provided by an individual certified by the Board as a
275458 nonveterinary reproductive services technician, and involves and
276459 shall be limited to nonsurgical embryo transfer in ruminating
277460 animals including cattle, sheep, go ats, farmed deer and other
278461 ruminating exotic animals such as those found in zoos, and may
279462 include basic ultras onography of their ovaries to evaluate the
280463 response to embryo-transfer-associated procedures and of the uterus
281464 to determine pregnancy by the detec tion of a heartbeat within the
282465 transferred embryo at or greater than twenty -eight (28) days of
283466 gestation of such ruminating animals;
284-
285467 27. “Embryo transfer” means the biosecure process of inducing
286468 increased ovulations within a don or female for the in vivo
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287495 production of embryos, the flushing of those embryos, collecting,
288496 grading and transferring of those embryos to recipient females, or
289497 the cryopreservation of those embryos for storage and later transfer
290498 to recipient females;
291-
292499 28. “Animal Technology Advisory Committee” means the advisory
293500 committee established by the Board pursuant to Section 4 of this act
294501 698.30b of this title to advise and make recommendations to the
295502 Board regarding any new and evolving technology, procedure, method
296503 or practice that may be co nsidered or otherwise designated as an act
297504 of animal husbandry that should be included as an act not prohibite d
298505 in paragraph 1 of Section 698.12 of the Oklahoma Veterinary Practice
299506 Act. Reference to the advisory committee in thi s act shall mean the
300507 Animal Technology Advisory Committee; and
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302508 29. “Examination Committee ” means the committee established and
303509 described in subsection E D of Section 3 of this act 698.30a of this
304510 title related to nonveterinary reproductive services; and
305-
306511 30. “Probable Cause Committ ee” means the committee consisting
307512 of the Board’s secretary or treasurer, investigator and attorney to
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309-ENR. S. B. NO. 270 Page 8
310513 negotiate and settle disputes in accordance with the Oklahoma
311514 Veterinary Practice Act .
312-
313515 SECTION 2. AMENDATORY 59 O.S. 2011, Sectio n 698.3, as
314516 last amended by Section 3, Chapter 116, O.S.L. 2020 (59 O.S. Supp.
315517 2020, Section 698.3), is amende d to read as follows:
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316543
317544 Section 698.3. A. The State Board of Veterinary Medical
318545 Examiners is hereby re -created, to continue until July 1, 2023 2025,
319546 in accordance with the provisions of the Oklahoma Sunset Law, to
320547 regulate and enforce the practice of veter inary medicine in this
321548 state in accordance with the Oklahoma Veterinary Practice Act.
322-
323549 B. 1. The duty of determining a person’s initial and
324550 continuing qualification and fitness for the practice of veterinary
325551 medicine, of proceeding against the unlawful an d unlicensed practice
326552 of veterinary medicine and of enforcing the Oklahoma Veterinary
327553 Practice Act is hereby delegated to the Board. That duty sh all be
328554 discharged in accordance with the Oklahoma Veterinary Practice Act
329555 and other applicable statutes.
330-
331556 2. a. It is necessary that the powers conferred on the Board
332557 by the Oklahoma Veterinary Practice Act be construed
333558 to protect the health, safety and wel fare of the
334559 people of this state.
335-
336560 b. No member of the Board, acting in that capacity or as
337561 a member of any Board committee, shall participate in
338562 the making of any decision or the taking of any action
339563 affecting such member ’s own personal, professional or
340564 pecuniary interest, or that of a person related to the
341565 member within the third degree by consanguinity,
342566 marriage or adoption or of a business or professional
343567 associate.
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345594 c. With advice of legal counsel, the Board shall adopt
346595 and annually review a conflict of interest policy to
347596 enforce the provisions of the Oklahoma Veterinary
348597 Practice Act.
349-
350598 C. The practice of veterin ary medicine is a privilege granted
351599 by the people of this state acting through their elected
352-
353-ENR. S. B. NO. 270 Page 9
354600 representatives. It is no t a natural right of indivi duals. In the
355601 interest of the public, and to protect the public, it is necessary
356602 to provide laws and rules to govern the granting and subsequent use
357603 of the privilege to practice veterinary medicine. The primary
358604 responsibility and obligation of the Board is to protect the public
359605 from the unprofessional, improper, incompetent and unlawful practice
360606 of veterinary medicine.
361-
362607 D. The liability of any member or employee of the Board acting
363608 within the scope of Board duties or employment shall be governed by
364609 The Governmental Tort Claims Act.
365-
366610 SECTION 3. AMENDATORY 59 O.S. 2011, Section 698.4, is
367611 amended to read as follows:
368-
369612 Section 698.4. A. 1. The State Board of Veterinary Medical
370613 Examiners shall consist of six (6) members, appointed by t he
371614 Governor with the advice and consent of the Senate. The Board shall
372615 consist of five licensed veterinarian members, and one lay person
373616 representing the general public.
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374642
375643 2. Each veterinary member shall be a graduate of an appro ved
376644 school of veterinary me dicine, shall be a currently licensed
377645 veterinarian and shall have held an active license for the three (3)
378646 years preceding appointment to the Board. One member shall be
379647 appointed from each congressional district and any remainin g members
380648 shall be appointed from the state at large. However, when
381649 congressional districts are redrawn each member appointed prior to
382650 July 1 of the year in which such modification becomes effective
383651 shall complete the current term of office and appointmen ts made
384652 after July 1 of the year in which such modification becomes
385653 effective shall be based on the redrawn districts. Appointments
386654 made after July 1 of the year in which such modification becomes
387655 effective shall be from any redrawn districts which are no t
388656 represented by a board me mber until such time as each of the
389657 modified congressional districts are represented by a board member.
390658 No appointments may be made after July 1 of the year in which such
391659 modification becomes effective if such appointment would result in
392660 more than two members serving from the same modified district.
393-
394661 3. Of the five licensed veterinarian members, one must be an
395662 equine practitioner and one must be a large animal practitioner.
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397-ENR. S. B. NO. 270 Page 10
398-
399663 4. The lay member shall have no financial interest in t he
400664 profession other than as a consumer or potential consumer of its
401665 services.
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402691
403692 5. Members must be residents of the State of Oklahoma this
404693 state and be persons of integrity and good reputation. No member
405694 shall be a registered lobbyist. No member shall be an officer,
406695 board member or employee of a statewide or national organization
407696 established for the purpose of advocating the interests of or
408697 conducting peer review of veterinarians licensed pursuant to the
409698 Oklahoma Veterinary Practice Act.
410-
411699 B. Members of the Board shal l be appointed for a term of five
412700 (5) years. No member shall serve consecutively for more than two
413701 (2) terms. Not more than two (2) ter ms shall expire in each year,
414702 and vacancies for the remainder of an unexpired term shall be filled
415703 by appointment by th e Governor. Members shall serve beyond the
416704 expiration of their term until a successor is appointed by the
417705 Governor. The initial appoint ee for the Board position created on
418706 November 1, 1999, shall be appointed for less than five (5) years to
419707 abide by staggered term requirements. The Governor shall appoint to
420708 a vacancy within ninety (90) days of the beginning of the vacancy.
421709 Nominees considered by the Governor for appointment to the Board
422710 must be free of pending disciplinary action or active investigation
423711 by the Board.
424-
425712 C. A member may be removed from the Board by the Governor for
426713 cause which shall include, but not be limited to, if a memb er:
714+1. Ceases to be qualified;
427715
428-1. Ceases to be qualified;
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430741 2. Is found guilty by a court of competent jurisdiction of a
431742 felony or unlawful act wh ich involves moral turpitude;
432-
433743 3. Is found guilty of malfeasance, misfeasance or nonfeasance
434744 in relation to Board duties;
435-
436745 4. Is found mentally incompetent by a court of competent
437746 jurisdiction;
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441747 5. Is found in violation of the Oklahoma Veterinary Practice
442748 Act; or
443-
444749 6. Fails to attend three successive Board meetings without just
445750 cause as determined by the Board.
446-
447751 SECTION 4. AMENDATORY 59 O.S. 2011, Section 698.7, as
448752 amended by Section 14, Chapter 428, O.S.L. 2019 (59 O.S. Supp. 2020,
449753 Section 698.7), is amended to read as follows:
450-
451754 Section 698.7. The State Board of Veterinary Medical Examiners
452755 shall have the powers and it shall also be its duty to regulate the
453756 practice of veterinary medicine. In addition to any other powers
454757 placed on it by the Oklahoma Veterinary Practice Act or as otherwise
455758 provided by law, the Board shall have the power and duty to:
456-
457759 1. a. set standards for licensure or certification by
458760 examination and develop such examinations as will
459761 provide assurance of competency t o practice, and
460-
461762 b. employ or enter into agreements with organizations or
462763 agencies to provide examinations acceptable to the
463764 Board or employ or enter into agreements with
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464791 organizations or agencies to provide administration,
465792 preparation or scoring of examina tions;
466-
467793 2. Set fees;
468-
469794 3. Prescribe the time, place, method, manner, scope and
470795 subjects of examination for licensure;
471-
472796 4. Prepare or selec t, conduct or direct the conduct of, set
473797 minimum requirements for , and assure security of licensing and other
474798 required examinations;
475-
476799 5. a. issue or deny licenses and certificates and renewals
477800 thereof,
478-
479801 b. acquire information about and evaluate the
480802 professional education and training of applicants for
481803 licensure or certification; and accept or deny
482804 applications for licensure, certification or renewal
483-
484-ENR. S. B. NO. 270 Page 12
485805 of either licensure or certification based on the
486806 evaluation of information relating to applicant
487807 fitness, performance or competency to practice,
488-
489808 c. determine which professional schools, colleges,
490809 universities, training institutio ns and educational
491810 programs are acceptable in connection with licensure
492811 pursuant to the Oklahoma Veterinary Practice Act, and
493812 accept the approval of such facilities and programs by
494813 American-Veterinary-Medical-Association-accredited
495814 institutions in the Unit ed States and Canada,
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497841 d. require supporting documentation or other acceptable
498842 verifying evidence for any information provided the
499843 Board by an applicant for licensure or certification,
500844 and
501-
502845 e. require information on an applicant ’s fitness,
503846 qualification and previous professional record and
504847 performance from recognized data sources including,
505848 but not limited to, other licensing and disciplinary
506849 authorities of other jurisdictions, professional
507850 education and training institutions, liability
508851 insurers, animal healt h care institutions and law
509852 enforcement agencies;
510-
511853 6. Develop and use applications and other necessary forms and
512854 related procedures for p urposes of the Oklahoma Veterinary Practice
513855 Act;
514-
515856 7. a. review and investigate complaints and adverse
516857 information about licensees and certificate holders,
517-
518858 b. conduct hearings in accordance with the Oklahoma
519859 Veterinary Practice Act and the Administrative
520860 Procedures Act, and
521-
522861 c. adjudicate matters that come before the Board for
523862 judgment pursuant to the Oklahoma Veterinary Prac tice
524863 Act upon clear and convincing evidence and issue final
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525890 decisions on such matters to discipline licensees and
526891 certificate holders;
527-
528-ENR. S. B. NO. 270 Page 13
529-
530892 8. a. impose sanctions, deny licenses and certificates and
531893 renewals thereof, levy reimbursement costs, seek
532894 appropriate administrative, civil or criminal
533895 penalties or any combination of these against those
534896 who violate examination security, who attempt to or
535897 who do obtain licensure or certification by fraud, who
536898 knowingly assist in illegal activities , or who aid and
537899 abet the illegal practice of veterinary medicine,
538-
539900 b. review and investigate complaints and adverse
540901 information about licensees and certificate hol ders,
541-
542902 c. discipline licensees and certificate holders,
543-
544903 d. institute proceedings in courts of competent
545904 jurisdiction to enforce Board orders and provisions of
546905 the Oklahoma Veterinary Practice Act,
547-
548906 e. (1) establish mechanisms for dealing with licensees
549907 and certificate holders who abuse or are
550908 dependent on or addicted to alcohol or other
551909 chemical substances, and enter into ag reements,
552910 at its discretion, with professional
553911 organizations whose relevant procedures and
554912 techniques it has evaluated and approved for
555913 their cooperation or participation in the
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556940 rehabilitation of the licensee or certificate
557941 holder,
558-
559942 (2) establish by rules c ooperation with other
560943 professional organizations for the identification
561944 and monitoring of licensees and certificate
562945 holders in treatment who are chemically dependent
563946 or addicted, and
564-
565947 f. issue conditional, restricted or otherwise
566948 circumscribed modifications to licensure or
567949 certification as determined to be appropriate by due
568950 process procedures and summarily suspend a license if
569951 the Board has cause to believe by clear and convincing
570952 evidence such action is required to protect public or
571-
572-ENR. S. B. NO. 270 Page 14
573953 animal health and safet y or to prevent continuation of
574954 incompetent practices;
575-
576955 9. Promulgate rules of professional conduct and require all
577956 licensees and certifi cate holders to practice in accordance
578957 therewith;
579-
580958 10. Act to halt the unlicensed or illegal practice of
581959 veterinary medicine and seek administrative, criminal and civil
582960 penalties against those engaged in such practice;
583-
584961 11. Establish appropriate fees and c harges to ensure active and
585962 effective pursuit of Board responsibilities;
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587989 12. Employ, direct, reimburse, evaluate and d ismiss staff in
588990 accordance with state procedures;
589-
590991 13. Establish policies for Board operations;
591-
592992 14. Respond to legislative inquiry regar ding those changes in,
593993 or amendments to, the Oklahoma Veterinary Practice Act;
594-
595994 15. Act on its own motion in disciplina ry matters, administer
596995 oaths, issue notices, issue subpoenas in the name of the State of
597996 Oklahoma, including subpoenas for client and ani mal records, hold
598997 hearings, institute court proceedings for contempt or to compel
599998 testimony or obedience to its orders and subpoenas, take evidentiary
600999 depositions and perform such other acts as are reasonable and
6011000 necessary under law to carry out its duties ;
602-
6031001 16. Use clear and convincing evidence as the standard of proof
6041002 and issue final decisions when acting as trier of fac t in the
6051003 performance of its adjudicatory duties;
606-
6071004 17. Determine and direct Board operating, administrative,
6081005 personnel and budget policies and procedures in accordance with
6091006 applicable statutes;
610-
6111007 18. Promulgate uniform rules such as may be necessary for
6121008 carrying out and enforcing the provisions of the Oklahoma Veterinary
6131009 Practice Act and such as in its discretion may be necessary to
6141010 protect the health, safety and welfare of the public;
615-
616-ENR. S. B. NO. 270 Page 15
617-
6181011 19. Determine continuing education requirements. Such
6191012 continuing education shall include not less than one (1) hour of
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6201039 education in pain management or one (1) hour of education in opioid
6211040 use or addiction annua lly, unless the licensee has demonstrated to
6221041 the satisfaction of the Board that the licensee does not currently
6231042 hold a valid federal Drug Enforcement Administration registration
6241043 number;
625-
6261044 20. Establish minimum standards for veterinary premises;
627-
6281045 21. Establish standards for veterinary labeling and dispensing
6291046 of veterinary prescription drugs and federal Food and Drug
6301047 Administration-approved human drugs for animals which would conform
6311048 to current applicable state and federal law and regulations;
632-
6331049 22. Promulgate rules such as may be necessary for carrying out
6341050 and enforcing provisions relating to certification of animal
6351051 euthanasia technicians and approval of drugs to be used for
6361052 euthanasia of animals in an animal shelter pursuant to the
6371053 requirements of Section 502 of Title 4 of the Oklahoma Statutes;
638-
6391054 23. Shall conduct a national criminal history records search
6401055 for certified animal euthanasia technicians:
641-
6421056 a. the applicant shall furnish the Board two completed
6431057 fingerprint cards and a money order or cashier ’s check
6441058 made payable to the Oklahoma State Bureau of
6451059 Investigation,
646-
6471060 b. the Board shall forward the fingerprint cards, along
6481061 with the applicable fee for a national fingerprint
6491062 criminal history records search, to the Bureau, and
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6501088
6511089 c. the Bureau shall retain one set of f ingerprints in the
6521090 Automated Fingerprint Identification System (AFIS) and
6531091 submit the other set to the Federal Bureau of
6541092 Investigation (FBI) for a national criminal history
6551093 records search;
656-
6571094 24. Establish standards for animal chiropractic diagnosis and
6581095 treatment. The standards shall include but not be limited to a
659-
660-ENR. S. B. NO. 270 Page 16
6611096 requirement that a veterinarian who holds himself or herself out to
6621097 the public as certified to engage in animal chiropractic diagnosis
6631098 and treatment shall:
664-
6651099 a. carry at least One Million Dollars ($1 ,000,000.00) of
6661100 additional malpractice coverage to perform animal
6671101 chiropractic diagnosis and treatment, and
668-
6691102 b. have appropriate training in animal chiropractic
6701103 diagnosis and treatment. The Veterinary Examining
6711104 Board shall have the authority to establish
6721105 educational criteria for certification standards in
6731106 animal chiropractic diagnosis and treatment. The
6741107 Veterinary Examining Board shall work in conjunction
6751108 with the Board of Chiropractic Examiners to establish
6761109 comparable standards for the practice of animal
6771110 chiropractic diagnosis and treatment for both medical
6781111 professions within thirty (30) days after the
6791112 effective date of this act. The Board shall certify
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6801139 any licensed veterinarian wishing to engage in animal
6811140 chiropractic diagnosis and treatment who meets th e
6821141 standards established by the Board pursuant to this
6831142 paragraph. Upon request, the Board shall make
6841143 available to the public a list of licensed
6851144 veterinarians so certified; and
686-
6871145 25. Give scholarships, as determined by the Board, to an
6881146 individual advancing t oward obtaining a degree in veterinary
6891147 medicine from an Oklahoma higher education institution and take such
6901148 other action as may be reasonably necessary or appropriate to
6911149 effectuate the Oklahoma Veterinary Practice Act. The Board may, at
6921150 its discretion, contract with other state agencies and nonprofit
6931151 corporations for the endowment, management and administration of
6941152 scholarships. The requirements of such scholarships shall be
6951153 determined by the Board. However, nothing contained herein shall be
6961154 construed as requiring the Board to endow or award any scholarship;
6971155 and
698-
6991156 26. Perform such other duties and exercise such other power s as
7001157 the provisions and enforcement of the Oklahoma Veterinary Practice
7011158 Act may require.
702-
703-
704-ENR. S. B. NO. 270 Page 17
7051159 SECTION 5. AMENDATORY 59 O.S. 2011, Section 698.8, is
7061160 amended to read as follows:
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7071186
7081187 Section 698.8. A. It shall be unlawful to practice veteri nary
7091188 medicine in this state without a license or certificate issued by
7101189 the State Board of Veterinary Medical Examiners.
711-
7121190 B. Requirements for licensure or certification shall be set by
7131191 the Board and may be changed as the education and training for the
7141192 practice of veterinary medicine changes. Prior to issuance of a
7151193 license or certificate to practice veterinary medicine in this
7161194 state, the applicant shall have been found by the Board to be of
7171195 good moral character and the Board shall consider but not be limited
7181196 to the following evidence of suitability to practice:
719-
7201197 1. a. Graduation from an approved school of veterinary
7211198 medicine whose requiremen ts at the time of graduation
7221199 are acceptable to the Board.
723-
7241200 b. Graduates of schools of veterinary medicine located
7251201 outside the United States and Canada shall be held to
7261202 the same standards for evidence of suitability to
7271203 practice as are graduates of schools of veterinary
7281204 medicine located within the United States in that
7291205 applicants shall conform in all respects to the
7301206 requirements set forth in this section. Where
7311207 necessary, further examination shall be administered
7321208 by the Board or its designee to determine comp etency
7331209 to practice. In addition, applicants shall
7341210 demonstrate a command of the English language
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7351237 satisfactory to the Bo ard. Documents and material
7361238 submitted in support of application for licensure or
7371239 certification, if in a foreign language, shall be
7381240 translated and certified as accurate by an
7391241 organization acceptable to the Board;
740-
7411242 2. Satisfactory completion of a minimum nu mber of months of
7421243 education in veterinary medicine as a requirement for graduation
7431244 from a school of veterinary medicine as set by the Boa rd;
744-
7451245 3. Evidence that the applicant for licensure or certification
7461246 is of good moral character;
747-
748-ENR. S. B. NO. 270 Page 18
749-
7501247 4. a. Except as otherwise provided by this paragraph,
7511248 evidence that the applicant has passed examinations
7521249 satisfactory to the Board and that the examination
7531250 score is acceptable to the Board. The Board may set
7541251 minimum passing scores for examinations and limit the
7551252 number of times an applicant may take an examination
7561253 in this state.
757-
7581254 b. In lieu of national examination requirements, an
7591255 applicant shall have actively eng aged in the clinical
7601256 practice of veterinary medicine for a period of at
7611257 least five thousand (5,000) hours during the fi ve (5)
7621258 consecutive years immediately prior to making
7631259 application in Oklahoma and hold a license to practice
7641260 veterinary medicine in anothe r state, territory,
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7651287 district or province of the United States and Canada
7661288 and successfully passed the Oklahoma State
7671289 Jurisprudence Examination;
768-
7691290 5. Evidence that the applicant has demonstrated familiarity
7701291 with the statutes and rules set by the Board;
771-
7721292 6. Evidence that the applicant is mentally and professionally
7731293 capable of practicing veterinary medicine in a competent manne r as
7741294 determined by the Board and willing to submit, if deemed appropriate
7751295 by the Board, to an evaluation of skills and abilities;
776-
7771296 7. Evidence that the applicant has not been found guilty by a
7781297 court of law of any conduct that would constitute grounds for
7791298 disciplinary action under the Oklahoma Veterinary Practice Act or
7801299 rules of the Board, and there has been no disciplinary action taken
7811300 against the applicant by any public agency concerned with the
7821301 practice of veterinary medicine;
783-
7841302 8. If the Board deems it ne cessary, a personal appearance by
7851303 the applicant before the Board in support of the applicant ’s
7861304 application for licensure or certification . If the Board is not
7871305 satisfied with the credentials of the applicant, or demonstration of
7881306 knowledge or skills present ed, the Board may require further
7891307 examination or supervised practice before reconsideration of the
7901308 application; and
1309+9. Evidence that all required fees have been paid.
7911310
792-ENR. S. B. NO. 270 Page 19
793-
794-9. Evidence that all required fees have been paid.
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7951335
7961336 C. Practice without the legal possession of an active license
7971337 or certificate shall be p rohibited, and evidence of said the
7981338 practice shall be reported by the Board to the district attorney of
7991339 the county in which the practice is found to occur.
800-
8011340 D. Certificates may be issued to any veterinarian who has
8021341 failed to obtain or failed to maintain a regular license to practice
8031342 veterinary medicine. Such certificates may be issued by the Board
8041343 at such times as the Board determines that all requirements for
8051344 possession of such certificate have been met as set by rules and
8061345 policies of the Board. Certific ates may be issued for, but not
8071346 limited to, the practice of veterinary medicine under the direct
8081347 supervision of a licensed veterinarian w hile the application for
8091348 full licensure is pending.
810-
8111349 E. Any active military or their spouse who is licensed in
8121350 veterinary medicine or is registered or certified as a veterinary
8131351 technician in another state may submit a completed application for
8141352 licensure or registration in Oklahoma and if found to be in good
8151353 standing and has equivalent education, training and experience sha ll
8161354 be licensed within thirty (30) days. The application fee and the
8171355 first period of issuance shall be waived for such active military or
8181356 their spouse.
819-
8201357 SECTION 6. AMENDATORY 59 O.S. 2011, Section 698.30, is
8211358 amended to read as foll ows:
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8221384
8231385 Section 698.30. A. The State Board of Veterinary Medical
8241386 Examiners shall annually certify any practitioner of teeth floating,
8251387 known as a nonveterinary equine dental care provider and as defined
8261388 by paragraph 25 of Section 698.2 of Title 59 of the Okl ahoma
8271389 Statutes. Certification shall be issued within ninety (90) days of
8281390 application, and to be eligible for this certification,
8291391 nonveterinary equine dental care providers shall provide proof of
8301392 qualification to be a nonveterinary equine dental care provi der
8311393 using one of the following methods:
832-
8331394 1. Completion of at least eighty (80) hours of training in
8341395 equine dentistry at the Texas Institu te of Equine Dentistry, the
835-
836-ENR. S. B. NO. 270 Page 20
8371396 Academy of Equine Dentistry or a similar program approved by the
8381397 State Board of Veterinary Medical Examiners; or
839-
8401398 2. Certification as an a nonveterinary equine dental technician
8411399 care provider by the International Association of Equine Dentistry
8421400 or its equivalent by a similar certifying organization approved by
8431401 the State Board of Veterinary Medic al Examiners.
844-
8451402 B. Prior to July 1, 2011, teeth floaters shall be granted
8461403 certification upon submission of a signed and notarized affidavi t
8471404 from three persons who are residents of this state, stating that
8481405 they know this individual and the individual is know n by the
8491406 community to be a nonveterinary equine dental care provider. Of the
8501407 three residents, one shall be from a veterinarian that is l icensed
8511408 to practice in the state; and one shall be from the current
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8521435 president of any official statewide association rep resenting horses,
8531436 horse breeds or horsemen, or a horse owner currently residing in the
8541437 state.
855-
8561438 C. Proof of four (4) hours of continuing e ducation shall be
8571439 required for annual certification renewal for teeth floaters a
8581440 nonveterinary equine dental care provi der. This continuing
8591441 education shall be a course approved by the Texas Institute of
8601442 Equine Dentistry, the Academy of Equine Dentistry, t he State Board
8611443 of Veterinary Medical Examiners, the International Association of
8621444 Equine Dentistry or a similar organiza tion approved by the State
8631445 Board of Veterinary Medical Examiners and shall be obtained in the
8641446 twelve-month period immediately preceding t he year for which the
8651447 certification is to be issued.
866-
8671448 D. C. If prescription drugs, not to include any controlled
8681449 dangerous substances as defined in the Uniform Controlled Dangerous
8691450 Substances Act, are to be used in nonveterinary equine dental care
8701451 procedures, the equine owner shall contact a veterinarian licensed
8711452 by the state. If the veterinarian deems that prescription d rugs,
8721453 not to include any controlled dangerous substances as defined in the
8731454 Uniform Controlled Dangerous Substances Act, are necessary, th e
8741455 veterinarian may assemble those drugs and may allow the owner or the
8751456 owner’s agent, who can be a nonveterinary equine dental care
8761457 provider, to pick up those drugs and deliver them to the equine
8771458 owner. No prescription drugs shall be prescribed, dispensed , or
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8781485 administered without the establishment of a valid client -patient
879-
880-ENR. S. B. NO. 270 Page 21
8811486 relationship between the equine owner and the vet erinarian.
8821487 Prescription drugs must be used in accordance with United States
8831488 Food and Drug Administration regulations.
884-
8851489 E. D. Complaints related to any teeth floater nonveterinary
8861490 equine dental care provider shall be filed with the State
8871491 Veterinarian through the Oklahoma Department of Agriculture, Food,
8881492 and Forestry. The State Veterinarian may investigate complaints,
8891493 and may forward findin gs as it deems appropriate to the appropriate
8901494 law enforcement entity.
891-
8921495 SECTION 7. AMENDATORY 5 9 O.S. 2011, Section 698.30a, is
8931496 amended to read as follows:
894-
8951497 Section 698.30a. A. The State Board of Veterinary Medical
8961498 Examiners shall certify an individual as a nonveterinary
8971499 reproductive services technician who qualifies and passes a written
8981500 certification examination approved by the Board and who holds a
8991501 Ph.D. from an accredited college or university with emphasis in
9001502 animal reproductive physiology, or a Master of Science degree from
9011503 an accredited college or university with emphasis in animal
9021504 reproductive physiology and Board Certification in animal physiology
9031505 by the American Registry of Professional Animal Scientists, which
9041506 certification authorizes them to provide nonveterinary reproductive
9051507 services as defined in the Oklahoma Veterinary Practice Act.
9061508
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9071534 B. Prior to July 1, 2012, an individual with a Bachelor of
9081535 Science degree from an accredited college or university, which
9091536 includes completion of at least six (6) semester hours in
9101537 reproductive physiology and who has practical experience in embryo
9111538 transfer in ruminating animals as verified in writing by sworn
9121539 affidavit from at least two client animal owners and from two
9131540 approved certified memb ers of the American Embryo Transfer
9141541 Association, shall be allowed to become certified as a nonveterinary
9151542 reproductive services technician upon passing a written
9161543 certification examination approved by the Board.
917-
9181544 C. In connection with performing nonveterinar y reproductive
9191545 services, federal legend drugs shall be prescribed and dispensed
9201546 only on the order of a licensed veterin arian who has an existing
9211547 veterinarian-client-patient relationship as defined by the Oklahoma
9221548 Veterinary Practice Act and the rules of th e Board and shall only be
923-
924-ENR. S. B. NO. 270 Page 22
9251549 administered in accordance with the act. Every nonveterinary
9261550 reproductive services technicia n shall keep and maintain medical
9271551 records that include the source of any prescription drugs used in
9281552 connection with providing nonveterina ry reproductive services ,
9291553 including the name and address of the veterinarian prescribing or
9301554 dispensing the drugs, the d ate the drugs are received, the species
9311555 and description of the animal involved, the animal owner or client
9321556 name and address, and the medications administered including date
9331557 and dosage. All medical records pertaining to prescription drugs
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9341584 shall be made available for inspection by the Board or the Board ’s
9351585 agent upon request and must be kept and maintained for a period of
9361586 two (2) years from t he date the drug was administered.
937-
9381587 D. C. Proof of at least eight (8) hours of continuing education
9391588 from courses and study approved by the Board shall be required for
9401589 annual certification renewal as a nonveterinarian reproductive
9411590 services technician.
942-
9431591 E. D. The certification examination and continuing education
9441592 described in this section shall be approved by the Examination
9451593 Committee that is overseen by the Board and consists of:
946-
9471594 1. A veterinarian designated by the Dean of the Oklahoma State
9481595 University Center of Veterinary Health Sciences;
949-
9501596 2. An animal scientist with a Ph.D. with an emphasis in animal
9511597 reproductive physiolo gy designated by the head of the Oklahoma State
9521598 University Department of Animal Science; and
953-
9541599 3. An animal embryologist as designated by the American Embryo
9551600 Transfer Association.
956-
9571601 SECTION 8. AMENDATORY 59 O.S. 2011, Section 698.33, is
9581602 amended to read as follows:
959-
9601603 Section 698.33. A. There is hereby established the veterinary
9611604 training program for rural Oklahoma to be administered by the
9621605 Oklahoma State University Center for Veterinary Health Sciences.
9631606 The program shall be developed a nd implemented in order to provide
9641607 encouragement, opportunities , and incentives for persons pursuing a
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9651634 veterinary medicine degree at Okla homa State University to locate
9661635 their veterinary practice in rural Oklahoma communities, and receive
967-
968-ENR. S. B. NO. 270 Page 23
9691636 specialized training targeted to meet the needs of livestock
9701637 producers in rural Oklahoma communities.
971-
9721638 B. Subject to available funds, each year the Veterin ary Center
9731639 may enter into program agreements with up to three first -year
9741640 veterinary students or currently practicing la rge animal
9751641 veterinarians with qualifying school loans, as determined by the
9761642 Veterinary Center. Preference shall be given to those studen ts and
9771643 large animal veterinarians who are Oklahoma residents and who agree
9781644 to serve in a community as described in para graph 3 of subsection D
9791645 of this section, which is determined by the Veterinary Center to be
9801646 an underserved area for the practice of veter inary medicine.
981-
9821647 C. Subject to available funds, each student or large animal
9831648 veterinarian entering into a program agree ment under this section
9841649 shall receive assistance in an amount not to exceed Twenty Thousand
9851650 Dollars ($20,000.00) per year for not more th an four (4) years for
9861651 tuition, books, supplies , and other school expenses, and travel and
9871652 training expenses incurred by the student in pursuing a veterinary
9881653 medicine degree. Upon satisfaction of all commitments under the
9891654 provisions of the agreement and th e provisions of this section, the
9901655 financial obligations pursuant to this section shall be deemed
9911656 satisfied and forgiven .
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9931683 D. Each program agreement shall require that the person
9941684 receiving the assistance:
995-
9961685 1. Complete the veterinary medicine degree program at the
9971686 Veterinary Center;
998-
9991687 2. Complete all requirements in public health, livestock
10001688 biosecurity, foreign animal disease diagnosis, regulatory veterinary
10011689 medicine and zoonotic disease, and an externship and mentoring
10021690 requirement with a licensed, accredited veterinarian in rural
10031691 Oklahoma as required by the Veterinary Center;
1004-
10051692 3. Engage in the full -time practice of veterinary medicine in
10061693 any community in Oklahoma which has a population not exceeding
10071694 twenty-five thousand (25,000) as determined by the most recen t
10081695 Federal Decennial Census at the time the person entered into the
10091696 program agreement for a period of at least twelve (1 2) continuous
10101697 months for each separate year a student receives assistance under
1011-
1012-ENR. S. B. NO. 270 Page 24
10131698 the program, unless the obligation is otherwise satisfied as
10141699 provided in this section. If, after the date a program agreement
10151700 was entered into by the parties, a community no l onger meets the
10161701 maximum population requirements provided in this paragraph, a person
10171702 engaging in the full -time practice of veterinary med icine pursuant
10181703 to the program agreement shall continue to practice in that
10191704 designated community; and
1020-
10211705 4. Commence the full-time practice of veterinary medicine in
10221706 that community within ninety (90) days after completion of the
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10231733 person’s degree program, or if the person enters a postdegree
10241734 training program, such as a graduate school or internship or
10251735 residency program, within ninety (90) days after completion of the
10261736 postdegree training program.
1027-
10281737 E. Upon the failure of a person to satisfy the obligation to
10291738 engage in the full-time practice of veterinary medicine in
10301739 accordance with the provisions of this section, that person shall
10311740 repay to the Veterinary Center, within ninety (90) days of the
10321741 failure, the amount equal to the assistance provided to the person
10331742 less a prorated amount based on any periods of practice of
10341743 veterinary medicine meeting the requirements of this section, plus
10351744 interest at the prime rate of interest plus two percent (2%) from
10361745 the date the assistance accrued. The interest shall be compounded
10371746 annually.
1038-
10391747 F. An obligation to engage in the practice of veterinary
10401748 medicine in accordance with the provisions of this sec tion shall be
10411749 postponed during:
1042-
10431750 1. Any period of temporary medical disability during which the
10441751 person obligated is unable to practice ve terinary medicine due to
10451752 the disability; and
1046-
10471753 2. Any other period of postponement agreed to or determined in
10481754 accordance with criteria agreed to in the practice agreement.
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10491780
10501781 G. An obligation to engage in the practice of veterinary
10511782 medicine in accordance with the provisions of the agreement and this
10521783 section shall be satisfied:
1053-
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1055-ENR. S. B. NO. 270 Page 25
10561784 1. If the obligation to engage in the practice o f veterinary
10571785 medicine in accordance with the agreement has been completed;
1058-
10591786 2. If, because of permanent disability, the person obligated is
10601787 unable to practice veterinary medicine; or
1061-
10621788 3. The person who is obligated dies.
1063-
10641789 H. The Veterinary Center may adopt additional provisions,
10651790 requirements, or conditions to participate in this program as are
10661791 practicable and appropriate to accomplish the p rovisions of the
10671792 program or may be required for the implementation or administration
10681793 of the program, and are not incons istent with the provisions of this
10691794 section.
1070-
10711795 I. The Veterinary Center shall not enter into any program
10721796 agreements pursuant to the provisi ons of this section after July 1,
10731797 2018 2025. All agreements entered into prior to such date shall be
10741798 valid.
1075-
10761799 SECTION 9. This act shall become effective November 1, 2021.
10771800
1078-
1079-ENR. S. B. NO. 270 Page 26
1080-Passed the Senate the 25th day of May, 2021.
1081-
1082-
1083-
1084- Presiding Officer of the Senate
1085-
1086-
1087-Passed the House of Representatives the 26th day of May, 2021.
1088-
1089-
1090-
1091- Presiding Officer of the House
1092- of Representatives
1093-
1094-OFFICE OF THE GOVERNOR
1095-Received by the Office of the Governor this _______ _____________
1096-day of _________________ __, 20_______, at _______ o'clock _______ M.
1097-By: _________________________________
1098-Approved by the Governor of the State of Oklahoma this _____ ____
1099-day of _________________ __, 20_______, at _______ o'clock _______ M.
1100-
1101- _________________________________
1102- Governor of the State of Oklahoma
1103-
1104-
1105-OFFICE OF THE SECRETARY OF STATE
1106-Received by the Office of the Secretary of State this _______ ___
1107-day of __________________, 20 _______, at _______ o'clock _______ M.
1108-By: _______________________________ __
1801+58-1-2173 NP 5/14/2021 11:13:05 AM