Oklahoma Veterinary Practice Act : Oklahoma State Statutes, Title 59. Section 698.1 through Section 698.29. Administrative Rules, Title 775. Chapter 1 through Chapter 30.

              OKLAHOMA STATE STATUTES, TITLE 59
Section 698.1 through Section 698.29
Revised November 1, 2011
ADMINISTRATIVE RULES, TITLE 775
Chapter 1 through Chapter 30
Revised February 22, 2011
Oklahoma State Board of
Veterinary Medical Examiners
201 N.E. 38th Terr., Suite 1 Oklahoma City, OK 73105
(405) 524-9006 Fax (405) 524-9012
Website: okvetboard.com
Revised 11/1/11 i
OKLAHOMA VETERINARY STATUTES
TITLE 59, SECTIONS 698.2 THRU 698.28
INDEX TO CONTENTS
Section Page
698.1 Short Title…………………………………………….………..……………..……………………………… 1
698.2 Definitions………………………………………………………………………...…………………………. 1
698.3 Board of Veterinary Medical Examiners; Purpose; Conflicts of Interest; Liability……………………..….. 2
698.4 Appointment; Qualifications; Terms; Removal for Cause…….………..………………....…………….…… 2
698.5 Oath of Office; Officers, Powers and Duties; Reports; Standing or Ad Hoc Committees………………..... 3
698.5a Investigators for the Board; Duties; Peace Officer Powers……………..………..…………………….……. 3
698.6 Meetings; Notice; Emergency Meetings; Travel Expenses; Revenues and Funds; Increases in
Fee Charges, etc…………………………………………….……..…………………………………..... 3
698.7 Powers and Duties of Board……………………………………………………..…………………..…........ 3
698.8 Licenses; Evidence of Suitability to Practice; Practice Without License; Certificate in Lieu of License….. 5
698.8a Veterinary Faculty License……………………………………………………………...…………….…...... 5
698.9a Reinstatement of Suspended or Revoked Licenses or Certificates……………….….…………………..….. 5
698.10a Renewal Certificate of Registration; Application; Failure to Renew; Fee; Automatic Suspension…………. 6
698.11 Practice Defined………………………..………………………………..………………………..………...... 6
698.12 Acts Not Prohibited……………………………………………………….………………………………...... 6
698.14a Disciplinary Actions; Authority of Board; Report of Action; Confidential Letter of Concern; Unprofessional
or Dishonorable Conduct; Legal Action; Injunctions; Suspensions or Revocation of License;
Complaints; Hearing; Subpoenas; Reporting of Unprofessional Conduct; Violations; Penalties……..... 7
698.14b Inability to Practice Due to Mental Illness or Drug Abuse; Required Submission to Alcohol or Drug
Testing; Action of Board; Reporting of Impaired Performance……........................................................ 9
698.15 Report of Contagious or Infectious Diseases…………………..……….……………………………............. 9
698.16 Abandoned Animals………………………………..……………………..…..…………………................... 9
698.16a Recordkeeping………………………………………………………………………………..………............ 10
698.16b Reporting Information…..……………………………………………………………………………............ 10
698.17 Good Samaritan Application…………………………………………………………………………............. 10
698.18 Penalties…………………………………….…………………………………………………....................... 10
698.19a Citation and Fine…………............................................................................................................................. 10
698.21- 698.26 Veterinary Technician…………………………………………………………………………………........... 13
698.28 Veterinary Medical Examiners Fund…………………………………………………………………............ 11
698.29 Confidentiality of Information…………………………………………………………………………........... 11
698.30 New Law………………………………���…………………………………………………………………… 11
698.30a New Law……………………………………………………………………………………………………… 12
698.30b New Law……………………………………………………………………………………………………… 12
Previously Repealed: 698.9; 698.10; 698.13; 698.14; 698.19
The Oklahoma State Board of Veterinary Medical Examiners is not responsible for the misinterpretation of any statute in this
book, which may be caused by any error of miswording or by the misspelling, inclusion or exclusion of any word or words
Revised 11/1/11 1
§ 698.1 SHORT TITLE
Chapter 15 of this title shall be known and may be cited as the
“Oklahoma Veterinary Practice Act”.
§ 698.2 DEFINITIONS
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, fish, birds and reptiles, wild or
domestic, living or dead;
3. “Veterinarian” means a person who has received a degree in
veterinary medicine or its equivalent from a school of veterinary
medicine;
4. “Licensed veterinarian” means any veterinarian who holds
an active license to practice veterinary medicine in this state;
5. “School of Veterinary Medicine” means any veterinary
college or division of a university or college that offers the degree
of doctor of veterinary medicine or its equivalent, which conforms
to the standards required for accreditation by the American
Veterinary Medical Association (AVMA) and which is recognized
and approved by the Board;
6. “Veterinary Technician” means a person who has graduated
from a program accredited by the American Veterinary Medical
Association, or its equivalent which is recognized and approved by
the Board, and who has passed the examination requirements set
forth by the Board 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 technologist” means a person who has
successfully graduated from an AVMA-accredited bachelor degree
program of veterinary technology, or its AVMA equivalent;
8. “Veterinary assistant” means an individual who may
perform the duties of a veterinary technician or veterinary
technologist, however, has not graduated from an AVMA-accredited
technology program or its equivalent, and has not been
certified by the Board;
9. “Veterinary technology” means the science and art of
providing all aspects of professional medical care, services, and
treatment for animals with the exception of diagnosis, prognosis,
surgery, and prescription of any treatments, drugs, medications, or
appliances, where a valid veterinarian-client-patient relationship
exists;
10. “Direct Supervision” means:
a. directions have been given to a veterinary technician, nurse,
laboratory technician, intern, veterinary assistant or other
employee for medical care following the examination of an animal
by the licensed veterinarian responsible for the professional care of
the animal, or
b. that, under certain circumstances following the examination
of an animal by a licensed veterinarian responsible for the
professional care of the animal, the presence of the licensed
veterinarian on the premises in an animal hospital setting or in the
same general area in a range setting is required after directions
have been given to a veterinarian who has a certificate issued
pursuant to Section 698.8 of this title;
11. “License” means authorization to practice veterinary
medicine granted by the Board to an individual found by the Board
to meet certain requirements pursuant to the Oklahoma Veterinary
Practice Act or any other applicable statutes;
12. “Supervised Doctor of Veterinary Medicine Certificate”
means authorization to practice veterinary 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 animal or animals by
the licensed veterinarian to initiate at least a general or preliminary
diagnosis of the medical condition of the animal or animals in that:
1. the licensed veterinarian has recently seen or is
personally acquainted with the keeping and care of the animal or
animals, or
2. the licensed veterinarian has made medically necessary
and timely 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 emergency medical coverage, and
d. the licensed veterinarian’s actions would conform to
applicable federal law and regulations;
14. “Veterinary premises” means any facility where the practice
of veterinary medicine occurs, including, but not limited to, a
mobile unit, mobile clinic, outpatient clinic, satellite clinic, public
service outreach of a veterinary facility, or veterinary hospital or
clinic. The term “veterinary premises” shall not include the
premises of a client of a licensed veterinarian or research facility;
15. “Veterinary prescription drugs” means such prescription
items as are in the possession of a person regularly and lawfully
engaged in the manufacture, transportation, storage, or wholesale
or retail distribution of veterinary drugs and the federal Food and
Drug Administration-approved human drugs for animals which
because of their toxicity or other potential for harmful effects, or
method of use, or the collateral measures necessary for use, are
labeled by the manufacturer or distributor in compliance with
federal law and regulations to be sold only to or on the prescription
order or under the supervision of a licensed veterinarian for use in
the course of professional practice. Veterinary prescription drugs
shall not include over-the-counter products for which adequate
directions for lay use can be written.
16. “ECFVG certificate” means a certificate issued by the
American Veterinary Medical Association Education Commission
for Foreign Veterinary Graduates, indicating that the holder has
demonstrated knowledge and skill equivalent to that possessed by
a graduate of an accredited or approved college of veterinary
medicine;
17. “Executive Director” means the Executive Director of the
State Board of Veterinary Medical Examiners or the authorized
representative of such official;
18. “Telemedicine” shall mean the transmission of diagnostic
images such as, but not limited to, radiographs, ultrasound,
cytology, endoscopy, photographs and case information over
ordinary or cellular phone lines to a licensed veterinarian or board-certified
medical specialist for the purpose of consulting regarding
case management with the primary care licensed veterinarian who
transmits the cases;
19. “Person” means any individual, firm, partnership,
association, joint venture, cooperative, corporation, or any other
group or combination acting in concert, and whether or not acting
as a principal, trustee, fiduciary, receiver, or as any other kind of
legal or personal representative, or as the successor in interest,
assignee, agent, factor, servant, employee, director, officer,
fictitious name certificate, or any other representative of such
person;
20. “Food animal” means any mammalian, poultry, fowl, fish, or
other animal that is raised primarily for human food consumption;
21. “Surgery” means the branch of veterinary science conducted
under elective or emergency circumstances, which treats diseases,
injuries and deformities by manual or operative methods including
but not limited to, cosmetic, reconstructive, ophthalmic,
orthopedic, vascular, thoracic, and obstetric procedures. The
Revised 11/1/11 2
provisions in Section 698.12 of this title shall not be construed as
surgery; and
22. “Abandonment” means to forsake entirely or to neglect or
refuse to provide or perform the legal obligations for care and
support of an animal by its owner, or the owner’s agent.
Abandonment shall constitute the relinquishment of all rights and
claims by the owner to an animal, and
23. “Animal chiropractic diagnosis and treatment” means
treatment that includes vertebral subluxation complex (vcs) and
spinal manipulation of nonhuman vertebrates. The term “animal
chiropractic diagnosis and treatment” shall not be construed to
allow the:
a. use of x-rays,
b. performing of surgery,
c. dispensing or administering of medications, or
d. performance of traditional veterinary care.
24. “Animal euthanasia technician” means an employee of a
law enforcement agency, an animal control agency, or animal
shelter that is recognized and approved by the Board, who is
certified by the Board and trained to administer sodium
pentobarbital to euthanize injured, sick, homeless or unwanted
domestic pets and other animals; and
25. “Teeth floating”, as provided by a nonveterinary equine
dental care provider, means the removal of enamel points and the
smoothing, contouring and leveling of dental arcades and incisors
of equine and other farm animals. It shall not include dental
procedures on canines and felines;
26. “Nonveterinary reproductive services” means
nonveterinary services provided by an individual certified by the
Board as a nonveterinary reproductive services technician, and
involves and shall be limited to nonsurgical embryo transfer in
ruminating animals including cattle, sheep, goats, farmed deer and
other ruminating exotic animals such as those found in zoos, and
may include basic ultrasonography of their ovaries to evaluate the
response to embro-transfer-associated procedures and of the uterus
to determine pregnancy by the detection of a heartbeat within the
transferred embryo at or greater than twenty-eight (28) days of
gestation of such ruminating animals;
27. “Embryo transfer” means the biosecure process of inducing
increased ovulations within a donor female for the in vivo
production of embryos, the flushing of those embryos, collecting,
grading and transferring of those embryos to recipient females, or
the cryopreservation of those embryos for storage and later transfer
to recipient females;
28. “Animal Technology Advisory Committee” means the
advisory committee established by the Board pursuant to Section 4
of this act to advise and make recommendations to the Board
regarding any new and evolving technology, procedure, method or
practice that may be considered or otherwise designated as an act
of animal husbandry that should be included as an act not
prohibited in paragraph 1 of Section 698.12 of the Oklahoma
Veterinary Practice Act. Reference to the advisory committee in
this act shall mean the Animal Technology Advisory Committee;
and
29. “Examination Committee” means the committee established
and described in subsection of E of Section 3 of this act.
§ 698.3 BOARD OF VETERINARY MEDICAL
EXAMINERS - PURPOSE - CONFLICTS OF INTEREST -
LIABILITY
A. The State Board of Veterinary Medical Examiners is hereby
re-created, to continue until July 1, 2012, in accordance with the
provisions of the Oklahoma Sunset Law, to regulate and enforce
the practice of veterinary medicine in this state in accordance with
the Oklahoma Veterinary Practice Act.
B. 1. The duty of determining a person’s initial and continuing
qualification and fitness for the practice of veterinary medicine, of
proceeding against the unlawful and unlicensed practice of
veterinary medicine and of enforcing the Oklahoma Veterinary
Practice Act is hereby delegated to the Board. That duty shall be
discharged in accordance with the Oklahoma Veterinary Practice
Act and other applicable statutes.
2. a. It is necessary that the powers conferred on the Board by
the Oklahoma Veterinary Practice Act be construed to protect the
health, safety and welfare of the people of this state.
b. No member of the Board, acting in that capacity or as a
member of any Board committee, shall participate in the making of
any decision or the taking of any action affecting such member’s
own personal, professional or pecuniary interest, or that of a person
related to the member within the third 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 enforce the
provisions of the Oklahoma Veterinary Practice Act.
C. The practice of veterinary medicine is a privilege granted by
the people of this state acting through their elected representatives.
It is not a natural right of individuals. In the interest of the public,
and to protect the public, it is 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.
§ 698.4 APPOINTMENT - QUALIFICATIONS - TERMS -
REMOVAL FOR CAUSE
A. 1. The State Board of Veterinary Medical Examiners shall
consist of six (6) members, appointed by the Governor with the
advice and consent of the Senate. The Board shall consist of five
licensed veterinarian members, and one lay person representing the
general public.
2. Each veterinary member shall be a graduate of an approved
school of veterinary medicine, shall be a currently licensed
veterinarian and shall have held an active license for the three (3)
years preceding appointment to the Board. One member shall be
appointed from each congressional district and any remaining
members shall be appointed from the state at large. However,
when congressional districts are redrawn each member appointed
prior to July 1 of the year in which such modification becomes
effective shall complete the current term of office and
appointments made after July 1 of the year in which such
modification becomes effective shall be based on the redrawn
districts. Appointments made after July 1 of the year in which
such modification becomes effective shall be from any redrawn
districts which are not represented by a board member until such
time as each of the modified congressional districts are represented
by a board member. No appointments may be made after July 1 of
the year in which such modification becomes effective if such
appointment would result in more than two members serving from
the same modified district.
3. Of the five licensed veterinarian members, one must be an
equine practitioner and one must be a large animal practitioner.
4. The lay member shall have no financial interest in the
profession other than as a consumer or potential consumer of its
services.
5. Members must be residents of the State of Oklahoma and
be persons of integrity and good reputation. No member shall be a
registered lobbyist. No member shall be an officer, board member
or employee of a statewide or national organization established for
the purpose of advocating the interests of or conducting peer
review of veterinarians licensed pursuant to the Oklahoma
Veterinary Practice Act.
B. Members of the Board shall be appointed for a term of five
(5) years. No member shall serve consecutively for more than two
(2) terms. Not more than two (2) terms shall expire in each year,
and vacancies for the remainder of an unexpired term shall be
filled by appointment by the Governor. Members shall serve
Revised 11/1/11 3
beyond the expiration of their term until a successor is appointed
by the Governor. The initial appointee for the Board position
created on November 1, 1999, shall be appointed for less than five
(5) years to abide by staggered term requirements. The Governor
shall appoint to a vacancy within ninety (90) days of the beginning
of the vacancy. Nominees considered by the Governor for
appointment to the Board must be free of pending disciplinary
action or active investigation by the Board.
C. A member may be removed from the Board by the Governor
for cause which shall include, but not be limited to, if a member:
1. Ceases to be qualified;
2. Is found guilty by a court of competent jurisdiction of a
felony or unlawful act which involves moral turpitude;
3. Is found guilty of malfeasance, misfeasance or nonfeasance
in relation to Board duties;
4. Is found mentally incompetent by a court of competent
jurisdiction;
5. Is found in violation of the Oklahoma Veterinary Practice
Act; or
6. Fails to attend three successive Board meetings without just
cause as determined by the Board.
§ 698.5 OATH OF OFFICE - OFFICERS, POWERS AND
DUTIES - REPORTS - STANDING OR AD HOC
COMMITTEES
A. 1. Each member of the State Board of Veterinary Medical
Examiners shall take the constitutional oath of office.
2. The Board shall organize annually, at the last meeting of
the Board before the beginning of the next fiscal year, by electing
from the Board membership a president, vice-president and
secretary-treasurer. Officers of the Board shall serve for terms of
one (1) year or until their successors are elected. Officers shall not
succeed themselves for more than one term. The lay member
appointed to the Board shall not hold elective office.
B. 1. The president shall:
a. preside at Board meetings,
b. arrange the Board agenda,
c. sign Board orders and other required documents,
d. appoint Board committees and their chairpersons,
e. coordinate Board activities,
f. represent the Board before legislative committees, and
g. perform those other duties assigned by the Board and
this section.
2. The vice-president shall perform the duties of president
during the president’s absence or disability and shall assist the
president in duties as requested.
3. The secretary-treasurer shall be responsible for the
administrative functions of the Board.
4. The employment of administrative, investigative, legal and
clerical personnel shall be subject to the approval of the Board.
5. At the end of each fiscal year the president and secretary-treasurer
shall prepare or cause to be prepared and submit to the
Governor a report on the transactions of the Board.
C. To facilitate its work effectively, fulfill its duties and exercise
its powers, the Board may establish standing or ad hoc committees.
The president shall appoint members and chairpersons of the
committees and determine the length of terms of service. The
president may appoint individuals to serve on a standing or ad hoc
committee for a term not to exceed one (1) year.
§ 698.5a INVESTIGATORS FOR THE BOARD - DUTIES -
PEACE OFFICER POWERS
A. 1. Investigators for the State Board of Veterinary Medical
Examiners shall perform such services as are necessary in the
investigation of criminal activity or preparation of administrative
actions.
2. In addition, investigators shall have the authority and duty
to investigate and inspect the records of all licensees in order to
determine whether the licensee is in compliance with applicable
narcotics and dangerous drug laws and regulations.
B. 1. Any investigator certified as a peace officer by the Council
on Law Enforcement Education and Training shall have statewide
jurisdiction to perform the duties authorized by this section. In
addition, the investigator shall be considered a peace officer and
shall have the powers now or hereafter vested by law in peace
officers.
§ 698.6 MEETINGS - NOTICE - EMERGENCY
MEETINGS - TRAVEL EXPENSES -REVENUES AND
FUNDS - INCREASES IN FEES, CHARGES, ETC.
A. The State Board of Veterinary Medical Examiners shall meet
at least once each year in the first half of the calendar year and
once each year in the second half of the calendar year. In addition,
the Board may meet at other times of the year as is deemed
necessary to conduct the business of the Board. The Board shall
meet at the time and place fixed by order of the Board president or
by order of three members of the Board acting jointly upon refusal
of the president to call for or fix a time and place for said meeting.
B. 1. Notice of meetings shall be filed in conformance with the
Oklahoma Open Meeting Act. Members shall be notified of each
meeting at least twenty (20) days before said meeting, except in the
case of a meeting called for emergency purposes.
2. Emergency meetings may be called at any time by the
president or at the request of three Board members as required to
enforce the Oklahoma Veterinary Practice Act. The Board may
establish procedures by which the Board may call an emergency
meeting in accordance with the Oklahoma Open Meeting Act. The
Board may establish procedures by which committee advice may
be obtained in cases of emergency.
3. The Board shall establish a system for giving all Board and
committee members and the public reasonable notice of scheduled
meetings.
4. Minutes of all Board and committee meetings shall be kept
in accordance with promulgated rules of the Board and other
applicable statutes.
C. All meetings of the Board and its committees shall be open to
the public except as set out in Article II of the Administrative
Procedures Act and the Oklahoma Open Meeting Act.
D. Each Board member shall receive reimbursement for
expenses in accordance with the Oklahoma Travel Reimbursement
Act and rules promulgated by the Board.
E. 1. The Board shall be fully supported by the revenues
generated from its activities, including fees, charges and
reimbursed costs.
2. All such revenues, with the exception of the ten percent
(10%) of its revenue required to be deposited in the General
Revenue Fund, shall be deposited to the Veterinary Medical
Examiners Fund and shall be credited to the account of the State
Board of Veterinary Medical Examiners. Any revenue remaining
in the revolving fund at the end of any fiscal year shall be carried
over to the next fiscal year in the account of the State Board of
Veterinary Medical Examiners.
3. The Board shall operate on the fiscal year beginning July 1
and ending June 30 of each year.
4. The Board shall develop and adopt its own budget
reflecting revenues, including reimbursed costs associated with the
administrative investigative, and legal expenditures for taking
disciplinary action, and the establishment and maintenance of a
reasonable reserve fund.
F. All fees, charges, reimbursement minimums and other
revenue generating amounts shall be promulgated by the Board by
rule and shall reflect normal increases due to inflation or cost of
doing business.
§ 698.7 POWERS AND DUTIES OF BOARD
The State Board of Veterinary Medical Examiners shall have the
powers and it shall also be its duty to regulate the practice of
veterinary medicine. In addition to any other powers placed on it
by the Oklahoma Veterinary Practice Act or as otherwise provided
by law, the Board shall have the power and duty to:
Revised 11/1/11 4
1. a. set standards for licensure or certification by examination
and develop such examinations as will provide assurance of
competency to practice, and
b. employ or enter into agreements with organizations or
agencies to provide examinations acceptable to the Board or
employ or enter into agreements with organizations or agencies to
provide administration, preparation or scoring of examinations;
2. Set fees;
3. Prescribe the time, place, method, manner, scope and subjects
of examination for licensure;
4. Prepare or select, conduct or direct the conduct of, set
minimum requirements for, and assure security of licensing and
other required examinations;
5. a. issue or deny licenses and certificates and renewals thereof,
b. acquire information about and evaluate the professional
education and training of applicants for licensure or certification;
accept or deny applications for licensure, certification or renewal
of either licensure or certification based on the evaluation of
information relating to applicant fitness, performance or
competency to practice,
c. determine which professional schools, colleges,
universities, training institutions and educational programs are
acceptable in connection with licensure pursuant to the Oklahoma
Veterinary Practice Act, and accept the approval of such facilities
and programs by American Veterinary Medical Association-accredited
institutions in the United States and Canada,
d. require supporting documentation or other acceptable
verifying evidence for any information provided the Board by an
applicant for licensure or certification, and
e. require information on an applicant’s fitness, qualification
and previous professional record and performance from recognized
data sources including, but not limited to, other licensing and
disciplinary authorities of other jurisdictions, professional
education and training institutions, liability insurers, animal health
care institutions and law enforcement agencies;
6. Develop and use applications and other necessary forms and
related procedures for purposes of the Oklahoma Veterinary
Practice Act;
7. a. review and investigate complaints and adverse information
about licensees and certificate holders,
b. conduct hearings in accordance with the Oklahoma
Veterinary Practice Act and the Administrative Procedures Act, and
c. adjudicate matters that come before the Board for judgment
pursuant to of the Oklahoma Veterinary Practice Act upon clear
and convincing evidence and issue final decisions on such matters
to discipline licensees and certificate holders;
8. a. impose sanctions, deny licenses and certificates and
renewals thereof, levy reimbursement 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 veterinary medicine.
b. review and investigate complaints and adverse information
about licensees and certificate holders,
c. discipline licensees and certificate holders,
d. institute proceedings in courts of competent jurisdiction to
enforce Board orders and provisions of the Oklahoma Veterinary
Practice Act,
e. 1. establish mechanisms 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
certificate holder,
2. establish by rules cooperation with other professional
organizations for the identification and monitoring of licensees and
certificate holders in treatment who are chemically dependent or
addicted, and
f. issue conditional, restricted or otherwise circumscribed
modifications to licensure or certification as determined to be
appropriate by due process procedures and summarily suspend a
license if the Board has cause to believe by clear and convincing
evidence such action is required to protect public or animal health
and safety or to prevent continuation of incompetent practices;
9. Promulgate rules of professional conduct and require all
licensees and certificate holders to practice in accordance
therewith;
10. Act to halt the unlicensed or illegal practice of veterinary
medicine and seek administrative, criminal and civil penalties
against those engaged in such practice;
11. Establish appropriate fees and charges to ensure active and
effective pursuit of Board responsibilities;
12. Employ, direct, reimburse, evaluate and dismiss staff in
accordance with state procedures;
13. Establish policies for Board operations;
14. Respond to legislative inquiry regarding those changes in, or
amendments to, the Oklahoma Veterinary Practice Act;
15. Act on its own motion in disciplinary matters, administer
oaths, issue notices, issue subpoenas in the name of the State of
Oklahoma, including subpoenas for client and animal records, hold
hearings, institute court proceedings for contempt or to compel
testimony or obedience to its orders and subpoenas, take
evidentiary depositions and perform such other acts as are
reasonable and necessary under law to carry out its duties;
16. Use clear and convincing evidence as the standard of proof
and issue final decisions when acting as trier of fact in the
performance of its adjudicatory duties;
17. Determine and direct Board operating, administrative,
personnel and budget policies and procedures in accordance with
applicable statutes;
18. Promulgate uniform rules such as may be necessary for
carrying out and enforcing the provisions of the Oklahoma
Veterinary Practice Act and such as in its discretion may be
necessary to protect the health, safety and welfare of the public;
19. Determine continuing education requirements;
20. Establish minimum standards for veterinary premises;
21. Establish standards for veterinary labeling and dispensing
veterinary prescription drugs and federal Food and Drug
Administration-approved human drugs for animals which would
conform to current applicable state and federal law and
regulations;
22. Promulgate rules such as may be necessary for carrying out
and enforcing provisions relating to certification of animal
euthanasia technicians and approval of drugs to be used for
euthanasia of animals in an animal shelter pursuant to the
requirements of Section 502 of Title 4 of the Oklahoma Statutes;
and
23. Shall conduct a national criminal history records search for
certified animal euthanasia technicians:
a. the applicant shall furnish the Board two complete
fingerprint cards and a money order or cashier’s check made
payable to the Oklahoma State Bureau of Investigation,
b. the Board shall forward the fingerprint cards, along with
the applicable fee for a national fingerprint criminal history records
search, to the Bureau, and
c. the Bureau shall retain one set of fingerprints in the
Automated Fingerprint Identification System (AFIS) and submit
the other set to the Federal Bureau of Investigation (FBI) for a
national criminal history records search;
24. Establish standards for animal chiropractic diagnosis and
treatment. The standards shall include but not limited to a
requirement that a veterinarian who holds himself or herself out to
the public as certified to engage in animal chiropractic diagnosis
and treatment shall:
a. carry at least One Million Dollars ($1,000,000.00) of
additional malpractice coverage to perform animal chiropractic
diagnosis and treatment, and
Revised 11/1/11 5
b. have appropriate training in animal chiropractic diagnosis
and treatment. The Veterinary Examining Board shall have the
authority to establish educational criteria for certification standard
in animal chiropractic diagnosis and treatment. The Veterinary
Examining Board shall work in conjunction with the Board of
Chiropractic Examiners to establish comparable standards for the
practice of animal chiropractic diagnosis and treatment for both
medical professions within thirty (30) days after the effective date
of this act. The Board shall certify any licensed veterinarian
wishing to engage in animal chiropractic diagnosis and treatment
who meets the standards established by the Board pursuant to this
paragraph. Upon request, the Board shall make available to the
public a list of licensed veterinarians so certified;
25. Perform such other duties and exercise such other powers as
the provisions and enforcement of the Oklahoma Veterinary
Practice Act may require.
§ 698.8 LICENSES - EVIDENCE OF SUITABILITY TO
PRACTICE - PRACTICE WITHOUT A LICENSE -
CERTIFICATE IN LIEU OF LICENSE
A. It shall be unlawful to practice veterinary medicine in this
state without a license or certificate issued by the State Board of
Veterinary Medical Examiners.
B. Requirements for licensure or certification shall be set by the
Board and may be changed as the education and training for the
practice of veterinary medicine changes. Prior to issuance of a
license or certificate to practice veterinary medicine in this state,
the applicant shall have been found by the Board to be of good
moral character and the Board shall consider but not be limited to
the following evidence of suitability to practice:
1. a. Graduation from an approved school of veterinary
medicine whose requirements at the time of graduation are
acceptable to the Board.
b. Graduates of schools of veterinary medicine located
outside the United States and Canada shall be held to the same
standards for evidence of suitability to practice as are graduates of
schools of veterinary medicine located within the United States in
that applicants shall conform in all respects to the requirements set
forth in this section. Where necessary, further examination shall
be administered by the Board or its designee to determine
competency to practice. In addition, applicants shall demonstrate a
command of the English language satisfactory to the Board.
Documents and material 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;
2. Satisfactory completion of a minimum number of months
of education in veterinary medicine as a requirement for
graduation from a school of veterinary medicine as set by the
Board;
3. Evidence that the applicant for licensure or certification is
of good moral character;
4. a. Except as otherwise provided by this paragraph,
evidence that the applicant has passed examinations satisfactory to
the Board and that the examination score is acceptable to the
Board. The Board may set minimum passing scores for
examinations and to limit the number of times an applicant may
take an examination in this state.
b. In lieu of national examination requirements, an
applicant shall have actively engaged in the clinical practice of
veterinary medicine for a period of at least five thousand (5,000)
hours during the five (5) consecutive years immediately prior to
making application in Oklahoma and hold a license to practice
veterinary medicine in another state, territory, district or province
of the United States and Canada and successfully passed the
Oklahoma State Jurisprudence Examination;
5. Evidence that the applicant has demonstrated familiarity
with the statutes and rules set by the Board;
6. Evidence that the applicant is mentally and professionally
capable of practicing veterinary medicine in a competent manner
as determined by the Board and willing to submit, if deemed
appropriate by the Board, to an evaluation of skills and abilities;
7. Evidence that the applicant has not been found guilty by a
court of law of any conduct that would constitute grounds for
disciplinary action under the Oklahoma Veterinary Practice Act or
rules of the Board, and there has been no disciplinary action taken
against the applicant by any public agency concerned with the
practice of veterinary medicine;
8. If the Board deems it necessary, a personal appearance by
the applicant before the Board in support of the applicant’s
application for licensure or certification. If the Board is not
satisfied with the credentials of the applicant, or demonstration of
knowledge or skills presented, the Board may require further
examination or supervised practice before reconsideration of the
application; and
9. Evidence that all required fees have been paid.
C. Practice without the legal possession of an active license or
certificate shall be prohibited, and evidence of said practice shall
be reported by the Board to the District Attorney of the county in
which the practice is found to occur.
D. Certificates may be issued to any veterinarian who has failed
to obtain or failed to maintain a regular license to practice
veterinary medicine. Such certificates may be issued by the Board
at such times as the Board determines that all requirements for
possession of such certificate have been met as set by rules and
policies of the Board. Certificates may be issued for, but not
limited to, the practice of veterinary medicine under the direct
supervision of a licensed veterinarian while the application for full
licensure is pending.
§ 698.8a VETERINARY FACULTY LICENSE
The State Board of Veterinary Medical Examiners may issue a
veterinary faculty license to any qualified applicant associated with
one of the state’s institutions of higher learning and involved in the
instructional program of either undergraduate or graduate
veterinary medical students, subject to the following conditions:
1. The holder of the veterinary faculty license shall be
remunerated for the practice aspects of the services of the holder
solely from state, federal or institutional funds and not from the
patient-owner beneficiary of his practice efforts;
2. The applicant will furnish the Board with such proof as the
Board may deem necessary to demonstrate that:
a. the applicant is a graduate of a reputable school or college
of veterinary medicine,
b. the applicant has or will have a faculty position at one of
the state’s institutions of higher learning and will be involved in
the instructional program of either undergraduate or graduate
veterinary medical students, as certified by an authorized
administrative official at such institution, and
c. the applicant understands and agrees that the faculty license
is valid only for the practice of veterinary medicine as a faculty
member of the institution;
3. The license issued pursuant to this section may be revoked,
suspended or not renewed or the licensee may be placed on
probation or otherwise disciplined in accordance with the
provisions of the Oklahoma Veterinary Practice Act; and
4. The license issued pursuant to this section may be canceled by
the Board upon receipt of information that the holder of the
veterinary faculty license has left or has otherwise been
discontinued from faculty employment at an institution of higher
learning of this state.
§ 698.9a REINSTATEMENT OF SUSPENDED OR
REVOKED LICENSES OR CERTIFICATES
A. 1. Licenses or certificates suspended or revoked or not
renewed for any purpose may be reinstated upon the motion of the
State Board of Veterinary Medical Examiners upon proper
application of the licensee or certificate holder.
2. A license or certificate suspended for failure to renew may
be reinstated by the president or secretary-treasurer of the Board.
Revised 11/1/11 6
Provided such action shall be approved or ratified, or may be
rescinded by the Board at the Board meeting following such
action.
B. Requirements for reinstatement of a license or certificate
which has been suspended, revoked or not renewed shall be by rule
and shall include, but not be limited to, evidence that:
1. All requirements for full licensure or certification have
been met; and
2. The applicant has not been convicted or the applicant’s
license or certificate suspended, revoked or not renewed or placed
on probation in another state for violations of an act that would
constitute the same or similar penalty in this state.
§ 698.10a RENEWAL CERTIFICATE OF REGISTRATION
- APPLICATION - FAILURE TO RENEW - FEE -
AUTOMATIC SUSPENSION
A. Every licensed veterinarian who is the holder of license or
certificate authorizing the practice of veterinary medicine in any
manner whatsoever shall on or before the first day of July of each
and every year apply to the State Board of Veterinary Medical
Examiners on forms furnished by the Board, for a renewal
certificate of registration entitling such veterinarian to practice
veterinary medicine in this state during the next fiscal year. Each
such application shall be accompanied by a renewal fee in an
amount fixed by the Board.
B. The Board may modify the terms and dates of renewal
requirements in order to expedite the efficiency of the procedure
and to prevent inequitable financial burden on its applicants and
licensees.
C. 1. Failure to renew a license or certificate properly shall be
evidence of noncompliance with the laws of this state and rules of
the Board.
2. The license or certificate shall automatically be placed in
an inactive status for failure to renew and shall be considered
inactive and not in good standing for purposes of practice of
veterinary medicine.
D. 1. If, within sixty (60) calendar days after July 1 the licensee
or certificate holder pays the renewal fee plus any reactivation fee
set by rule by the Board, the president or secretary-treasurer of the
Board may reactivate the license or certificate.
2. If sixty (60) calendar days elapses and the license or
certificate is not reactivated, the license or certificate shall be
automatically suspended for failure to renew.
3. A license or certificate suspended for failure to renew may
be reinstated pursuant to the provisions of Section 698.9a of this
title.
E. Practice of veterinary medicine is prohibited unless the
license or certificate is active and in good standing with the Board.
§ 698.11 PRACTICE DEFINED
A. The practice of veterinary medicine shall include, but not be
limited to:
1. Diagnosing, surgery, treating, correcting, changing,
relieving, or preventing animal disease, deformity, defect, injury or
other physical or mental conditions including the prescribing or
administering of any drug, medicine, biologic, apparatus,
application, anesthetic, telemedicine, animal chiropractic diagnosis
and treatment, or other therapeutic diagnostic substance or
technique; dentistry; complementary and alternative therapies to
be defined by rule pursuant to Section 698.7 of Title 59 of the
Oklahoma Statutes; testing for pregnancy or correcting sterility or
enhancing fertility; or rendering advice or recommendation with
regard to any of the above;
2. Representing, directly or indirectly, publicly or privately,
an ability and willingness to do any act prescribed in paragraph 1
of this subsection; and
3. Using any title words, abbreviation or letters by any person
other than a licensed veterinarian in a manner or under
circumstances which induce the belief that the person using them is
qualified to do any act described in paragraph 1 of this subsection.
Such use shall be prima facie evidence of the intention to represent
oneself as a licensed veterinarian engaged in the practice of
veterinary medicine.
B. Any person licensed to practice veterinary medicine pursuant
to the Oklahoma Veterinary Practice Act, may use the word
“Doctor”, or an abbreviation thereof, and shall have the right to
use, whether or not in conjunction with the word “Doctor” or any
abbreviation thereof, the designation “D.V.M.” or “V.M.D.”
§ 698.12 ACTS NOT PROHIBITED
The Oklahoma Veterinary Practice Act shall not be construed to
prohibit;
1. Acts of animal husbandry consisting of dehorning, branding,
tagging or notching ears, teeth floating, farriery, pregnancy
checking by transrectal palpation, collecting semen, preparing
semen, freezing semen, castrating, worming, vaccinating, injecting
or nonsurgical artificial insemination of farm animals; or the acts
or conduct of a person advising with respect to nutrition, feeds or
feeding; and such other acts designated by administrative rule of
the Board which may be recommended by the Animal Technology
Advisory Committee;
2. The owner of any animal or the owner’s employees or helpers
from caring for or treating animals belonging to the owner;
provided that, the acts of the owner’s employees or helpers
otherwise prohibited by the Oklahoma Veterinary Practice Act are
only an incidental part of the employment duties and for which no
special compensation is made;
3. Acts of a person in lawful possession of an animal for some
other purpose than practicing veterinary medicine; provided that,
no charge may be made or included in any other charge or fee or
adjustment otherwise made of any charge or fee for acts performed
pursuant to this subsection unless the acts are performed by a
licensed veterinarian as provided by the Oklahoma Veterinary
Practice Act;
4. Acts of auction markets and other shippers of food animals in
preparing such animal for shipment;
5. Acts of a person who is a student in good standing in a
veterinary school, in performing duties or functions assigned by
the student’s instructors, or working under the direct supervision of
a licensed veterinarian for each individual case and acts performed
by an instructor or student in a school of veterinary medicine
recognized by the Board and performed as a part of the educational
and training curriculum of the school under the direct supervision
of faculty. The unsupervised or unauthorized practice of
veterinary medicine even though on the premises of a school of
veterinary medicine is prohibited;
6. Acts of any employee in the course of employment by the
federal government or acts of a veterinarian practicing on property
and persons outside the jurisdiction of the State of Oklahoma.
7. A veterinarian currently licensed in another state from
consulting with a licensed veterinarian of this state;
8. Acts of agriculture education instructors or students while
engaged in regular agriculture education instruction in programs
approved by the Oklahoma Department of Vocational and
Technical Education; provided that said acts are under the
supervision of instructors and are carried out in the usual course of
instruction and not as independent practice by an unlicensed
veterinarian without supervision;
9. Any person employed by a licensed veterinarian who is
assisting with the professional duties of the licensed veterinarian
and who is under the direct supervision of the licensed veterinarian
from administering medication or rendering auxiliary or supporting
assistance under the direct supervision of such licensed
veterinarian, provided that the practice is conducted in compliance
with all laws of this state and rules of this Board;
10. Any chiropractic physician licensed in this state who is
certified by the Board of Chiropractic Examiners to engage in
animal chiropractic diagnosis and treatment from practicing animal
chiropractic diagnosis and treatment; or
Revised 11/1/11 7
11. Any chiropractic physician licensed in this state who is not
certified to practice animal chiropractic diagnosis and treatment by
the Board of Chiropractic Examiners from providing chiropractic
treatment to an animal referred to such chiropractic physician by a
licensed veterinarian.
12. Any individual that is certified in animal massage therapy and
acquires liability insurance from engaging in animal massage
therapy after referral from a licensed veterinarian; or
13. Any individual that is certified by the State Board of
Veterinary Medical Examiners and pays a certification fee of Two
Hundred Dollars ($200.00) under subsection A of Section 698.30
of this title from engaging in nonveterinary equine dental care; or
14. Any individual that is certified by the Board pursuant to
Section 3 of this act and pays a certification fee of Two Hundred
Dollars ($200.00) from providing nonveterinary reproductive
services as defined by Section 698.2 of this title.
§ 698.14a DISCIPLINARY ACTIONS - AUTHORITY OF
BOARD - REPORT OF ACTION-CONFIDENTIAL LETTER
OF CONCERN - UNPROFESSIONAL OR DISHONORABLE
CONDUCT -LEGAL ACTION - INJUNCTIONS -
SUSPENSION OR REVOCATION OF LICENSE-COMPLAINTS
- HEARING - SUBPOENAS - REPORTING
OF UNPROFESSIONAL CONDUCT - VIOLATIONS -
PENALTIES
A. A range of sanctions is hereby made available to the State
Board of Veterinary Medical Examiners which includes, but is not
limited to:
1. Revocation of licensure or certification;
2. Suspension of licensure or certification;
3. Probation of licensure or certification;
4. Refusal to renew a license or certification;
5. Injunctions and other civil court actions;
6. Reprimand, censure, agreement to voluntary stipulation of
facts and imposition of terms of disciplinary action;
7. Administrative citation and administrative penalties; and
8. Prosecution through the office of the district attorney.
B. 1. The Board may take such action as the nature of the
violation requires.
2. Upon a determination that a violation has been committed,
the Board shall have the authority to impose upon the alleged
violator, the payment of costs expended by the Board in
investigating and prosecuting the cause, to include but not be
limited to staff time, salary and travel expenses, witness fees and
attorney fees and same shall be considered part of the order of the
Board.
3. The Board shall make report of action to any association,
organization or entity deemed appropriate for transmittal of the
public record but shall in no cause be held liable for the content of
the reported action or be made a party to action taken as a result of
the sanction imposed by the State Board of Veterinary Medical
Examiners.
C. The president or secretary-treasurer of the Board may issue a
confidential letter of concern to a licensee or certificate holder
when, though evidence does not warrant formal proceedings, there
has been noted indications of possible misconduct by the licensee
or certificate holder that could lead to serious consequences and
formal action.
D. The Board may require an applicant for licensure or
certification or a licensee or certificate holder to be examined on
the applicant’s or holder’s medical knowledge and skills should the
Board find, after due process, that there is probable cause to
believe the licensee or certificate holder or applicant may be
deficient in such knowledge and skills.
E. The Board may take disciplinary action or other sanctions
upon clear and convincing evidence of unprofessional or
dishonorable conduct, which shall include, but not be limited to:
1. Fraud or misrepresentation in applying for or procuring a
license or certificate to practice veterinary medicine in any federal,
state or local jurisdiction;
2. Cheating on or attempting to cheat on or subvert in any
manner whatsoever the licensing or certificate examination or any
portion thereof;
3. The conviction of or entry of a guilty plea or plea of nolo
contendere involving a felony in this or any other jurisdiction,
whether or not related to the practice of veterinary medicine;
4. Conduct likely to deceive, defraud, or harm the public;
5. The making of a false or misleading statement regarding
one’s skill or the efficacy or value of the medicine, treatment or
remedy prescribed by the licensed veterinarian or at the licensed
veterinarian’s direction in the treatment of any disease or other
condition of the animal;
6. Representing to a client that a manifestly incurable
condition, sickness, disease or injury can be cured or healed;
7. Negligence in the practice of veterinary medicine;
8. Practice or other behavior that demonstrates a manifest
incapacity or incompetency to practice veterinary medicine;
9. The use of any false, fraudulent or deceptive statement in
any document connected with the practice of veterinary medicine;
10. Failure to notify the Board of current address of practice;
11. Aiding or abetting the practice of veterinary medicine by
an unlicensed, incompetent or impaired person;
12. Habitual use or abuse of alcohol or of a habit-forming
drug or chemical which impairs the ability of the licensee or
certificate holder to practice veterinary medicine;
13. Violation of any laws relating to the administration,
prescribing or dispensing of controlled dangerous substances or
violation of any laws of the federal government or any state of the
United States relative to controlled dangerous substances;
14. Obtaining a fee by fraud or misrepresentation;
15. Directly or indirectly giving or receiving any fee,
commission, rebate or other compensation for professional services
not actually and personally rendered, not to preclude the legal
function of a lawful professional partnership, corporation or
association;
16. Failure to report to the Board any adverse action taken
by another jurisdictional body, by any peer review body, health-related
licensing or disciplinary jurisdiction, law enforcement
agency or court for acts or conduct related to the practice of
veterinary medicine;
17. Failure to report to the Board surrender of a license or
other certificate of authorization to perform functions based on the
holding of a license or certificate to practice veterinary medicine or
surrender of membership in any organization or association related
to veterinary medicine while under investigation by that
association or organization for conduct similar to or the same as
acts which would constitute grounds for action as defined in the
Oklahoma Veterinary Practice Act;
18. Failure to furnish the Board, its staff or agents
information legally requested or failure to cooperate with a lawful
investigation conducted by or on behalf of the Board;
19. Failure to pay appropriately assessed fees or failure to
make any personal appearance required by the Board or any of its
officers;
20. The practice of veterinary medicine in the absence of a
bona fide veterinarian-client-patient relationship. The preclusion
of a veterinarian-client-patient relationship by a veterinarian who
in good faith renders or attempts to render emergency care to a
victim pursuant to a Good Samaritan application shall not
constitute grounds for discipline pursuant to the Oklahoma
Veterinary Practice Act;
21. Providing vaccinations or elective surgical procedures on
skunks, namely Mephitis mephitis (striped), Conepatus mesoleusus
(hog-nosed), and Spilogale putorius (spotted), unless the animal is
under the custody and care of a recognized zoological institution,
research facility, or person possessing an appropriate and current
wildlife permit issued by the Oklahoma Department of Wildlife
Conservation or Oklahoma Department of Agriculture; or
Revised 11/1/11 8
22. Violation of any provisions of the Oklahoma Veterinary
Practice Act or the rules and policies of the Board or of an action,
stipulation or agreement of the Board.
F. 1. The Board may commence any legal action to enforce the
provision of the Oklahoma Veterinary Practice Act and may
exercise full discretion and authority with respect to enforcement
actions. Administrative sanctions taken by the Board shall be
made in accordance with Article II of the Administrative
Procedures Act, the Oklahoma Veterinary Practice Act, and other
applicable laws of this state. The Board shall take appropriate
enforcement action when required, assuring fairness and due
process to the defendant.
2. The Board or its designee may hold informal conferences
to negotiate a settlement of a dispute; provided that the conference
is agreed to in writing by all parties and said conference does not
preclude a hearing on the same matters. The Board shall not
consider the agreement binding should a hearing be held
subsequent to the agreement.
G. The Board may summarily suspend a license or certificate
prior to a formal hearing when it has found upon clear and
convincing evidence that such action is required to protect the
public or animal health or welfare or when a person under the
jurisdiction of the Board is convicted of a felony, whether or not
related to the practice of veterinary medicine; provided such action
is taken simultaneously with proceedings for setting a formal
hearing to be held within thirty (30) days after the summary
suspension.
H. 1. The Board may issue an order to any licensee or certificate
holder, obtain an injunction or take other administrative, civil or
criminal court action against any person or any corporation or
association, its officers, or directors, to restrain said persons from
violating the provisions of the Oklahoma Veterinary Practice Act.
2. Violations of an injunction shall be punishable as contempt
of court. No proof of actual damage to any animal shall be
required for issuance of an order or an injunction, nor shall an
injunction relieve those enjoined from administrative, civil or
criminal prosecution for violation of the Oklahoma Veterinary
Practice Act.
I. 1. The State Board of Veterinary Medical Examiners may
suspend, revoke or refuse to renew the license or certificate of any
person holding license or certificate to practice veterinary medicine
in this state or place such person on probation for unprofessional
conduct, but no such suspension or revocation or refusal to renew,
or probation shall be made, unless otherwise provided for herein,
until such be cited to appear for hearing. No such citation shall be
issued except upon a sworn complaint filed with the president or
secretary-treasurer of said Board charging the licensee or
certificate holder with having been guilty of unprofessional
conduct and setting forth the particular act or acts alleged to
constitute such unprofessional conduct.
2. In the event it comes to the attention of the Board that a
violation of the rules of professional conduct may have occurred,
even though a formal complaint or charge may not have been filed,
the Board may conduct an investigation of such possible violation,
and may, upon its own motion, institute a formal complaint. In the
course of such investigation, persons appearing before the Board
may be required to testify under oath.
J. 1. Upon the filing of a complaint, either by an individual or
the Board, the citation shall be issued by the president or secretary-treasurer
of the Board over such officer’s signature and seal of the
Board, setting forth the particulars of the complaint, and giving due
notice of the time and place of the hearing by the Board. The
citation shall be made returnable at the next meeting of the Board
at which hearing is set and shall be no less than thirty (30) days
after issuance of the citation;
2. The accused shall file a written answer under oath with
notice of intent to appear or be represented within twenty (20) days
after the service of the citation. Failure to respond to the citation
within the prescribed time shall constitute default;
3. The license or certificate of the accused shall be suspended,
revoked or not renewed if the charges are found, by clear and
convincing evidence, sufficient by the Board; provided, the
president or secretary-treasurer of the Board may extend the time
of answer upon satisfactory showing that the defendant is for
reasonable cause, unable to answer within the prescribed twenty
(20) days, but in no case shall the time be extended beyond the
date of the next scheduled meeting for hearing the complaint,
unless continuance thereof be granted by the Board; and
4. All citations and subpoenas under the contemplation of the
Oklahoma Veterinary Practice Act shall be served in general
accordance with the statutes of this state applying to the service of
such documents. All provisions of the statutes of this state relating
to citations and subpoenas are hereby made applicable to the
citations and subpoenas herein provided. All the provisions of the
statutes of this state governing the taking of testimony by
depositions are made applicable to the taking of depositions
pursuant to the Oklahoma Veterinary Practice Act.
K. The Executive Director, secretary-treasurer, designee, or
prosecuting attorney for the Board, during the course of any lawful
investigation, may order or subpoena the attendance of witnesses,
the inspection of records, and premises and the production of
relevant records, books, memoranda, documents, radiographs, or
other papers or things for the investigation of matters that may
come before the Board.
L. 1. The attendance of witnesses may be compelled in such
hearings by subpoenas issued by the president or secretary-treasurer
of the Board over the seal thereof, and the president or
secretary-treasurer shall in no case refuse to issue subpoenas upon
praecipe filed therefore accompanied by the fee set by the Board
by rule for the issuance of such subpoenas.
2. If any person refuses to obey a subpoena properly served
upon such person or in the manner, the fact of such refusal shall be
certified by the secretary-treasurer of the Board over the seal
thereof to the district attorney of the county in which such service
was had, and the court shall proceed to hear said matter in
accordance with the statutes of this state then in force governing
contempt as for disobedience of its own process.
M. 1. The State of Oklahoma is a proper and necessary party in
the prosecution of all such actions and hearings before the Board in
all matters pertaining to unprofessional conduct and disciplinary
action. The Attorney General of the state, in person or by deputy,
is authorized to appear in behalf thereof. The defendant in any
such actions shall have the right to be represented by counsel.
2. The Board is empowered to enter into agreement with or
employ one or more attorneys to conduct the business of the Board
in the absence of representation by the Attorney General or
designee or in conjunction with representation by the Attorney
General or designee.
3. The Board shall sit as a trial body and the rulings of the
Board shall be by majority vote. Appeal to the rulings thereof
shall be by petition to the district court of the district in which the
hearing was held. The secretary-treasurer of the Board shall cause
a record of all proceedings to be made and a transcript of the
proceedings or any part thereof may be obtained by payment of
actual cost of taking and preparation of transcript of such
proceedings or part thereof.
N. All final disciplinary actions, license denials, related findings
of fact and conclusions of law are matters of public record.
Voluntary surrender of and voluntary limitations on the
veterinarian’s practice or license shall be public record.
O. Certificate holders or faculty of veterinary medical schools
shall report to the Board in writing any information that gives
reason to believe a veterinarian is incompetent, guilty of
unprofessional conduct or is unable to engage safely in the practice
of veterinary medicine. Cause for reporting shall be for, but not
limited to, the following instances:
1. Voluntary resignation from a professional partnership,
corporation or practice for reason of inability to practice;
2. Malpractice claims, judgments, settlements or awards;
Revised 11/1/11 9
3. Civil or criminal convictions; or
4. Other actions that indicate inability to practice with
reasonable skill and safety.
P. The Board shall consider violation of any of the Rules of
Professional Conduct a violation of the Oklahoma Veterinary
Practice Act section on unprofessional conduct and shall proceed
with disciplinary action as set out in the Oklahoma Veterinary
Practice Act.
Q. 1. In addition to other penalties prescribed by the Oklahoma
Veterinary Practice Act, any person who the Board has determined
by clear and convincing evidence to have violated any provisions
of the Oklahoma Veterinary Practice Act, or any rule, or order
issued pursuant thereto shall be liable for an administrative penalty
of not more than Five Thousand Dollars ($5,000.00) for each day
that the violation continues.
2. The amount of the penalty shall be assessed by the Board
pursuant to the provisions of paragraph 1 of this subsection, after
notice and hearing. In determining the amount of the penalty, the
Board shall, by clear and convincing evidence, include, but not be
limited to, consideration of the nature, circumstances, and gravity
of the violation and, with respect to the person found to have
committed the violation, the degree of culpability, the effect on
ability of the person to continue to do business, and any show of
good faith in attempting to achieve compliance with the provisions
of the Oklahoma Veterinary Practice Act.
3. All penalties collected pursuant to the provisions of this
subsection shall be deposited in the Veterinary Medical Examiners
fund.
§ 698.14b INABILITY TO PRACTICE DUE TO MENTAL
ILLNESS OR DRUG ABUSE - REQUIRED SUBMISSION
TO ALCOHOL OR DRUG TESTING - ACTIONS OF
BOARD - REPORTING OF IMPAIRED PERFORMANCE
A. Impairment is defined as the inability of a person to practice
veterinary medicine with reasonable skill and safety by reason of:
1. Mental illness; or
2. Habitual use or excessive use or abuse of drugs or
chemicals defined in law as controlled substances or habit-forming
substances, to include, but not be limited to, alcohol or other
substances that impair the ability of the licensee or certificate
holder to practice veterinary medicine.
B. Upon probable cause, the State Board of Veterinary Medical
Examiners may require a licensee or certificate holder or applicant
for license or certificate to submit to any test to determine the use
of alcohol or drugs which affects the ability of the licensee or
certificate holder to practice veterinary medicine. The Board, by
rule, shall establish the nature and criteria for any such test. The
results of the test shall be admissible in any hearing before the
Board. Failure to submit to the required test by any licensee,
certificate holder or applicant when properly directed to do so by
the Board shall be grounds for disciplinary action against a
licensee or certificate holder and, for any applicant, shall be
grounds for denial of license or certificate.
C. Upon findings by the Board, after evaluation and hearing, that
the licensee, certificate holder or applicant is impaired, the Board
may take one of the following actions or any other action deemed
appropriate to the circumstances by the Board;
1. Direct the person to submit to care, counseling or treatment
acceptable to the Board;
2. Suspend, limit or restrict the license or certificate to
practice for the duration of the impairment; or
3. Revoke or refuse to renew the license or certificate or deny
the application.
D. Any person who is prohibited from practicing pursuant to the
provisions of this section shall be afforded at reasonable intervals
the opportunity to present evidence or material not before seen by
the Board to demonstrate to the satisfaction of the Board that such
person can resume or begin the practice of veterinary medicine
with reasonable skill and safety; provided, that all fees have been
paid and all requirements for licensure, certification, reinstatement
or other form of authorization to practice have been satisfactorily
completed.
E. 1. All licensees, certificate holders or faculty of veterinary
medical schools shall report to the Board information about any
and all colleagues that shows the colleagues are impaired.
2. The Board may establish rules for the approval of medically
directed, nonprofit, voluntary treatment programs for impaired
practitioners and to set standards for the treatment of practitioners.
3. The Board may exempt from reporting those who are
conducting a Board-approved treatment program; provided that the
impaired veterinarian who is participating in the program is doing
so satisfactorily. Should the impaired veterinarian leave the
program without first achieving a release by the program, the
administrator of the program is required to report same to the
Board. Participation in an approved treatment program does not
protect an impaired veterinarian from Board action resulting from
a report from another source of violation of the Oklahoma
Veterinary Practice Act, whether related to the impairment or not.
4. Programs for the treatment of impaired professionals
approved by this Board shall be reviewed annually or more
frequently at the Board’s discretion.
§ 698.15 REPORT OF CONTAGIOUS OR INFECTIOUS
DISEASES
It shall be the duty of every person engaged in the practice of
veterinary medicine to report to the State Veterinarian of the State
of Oklahoma the name of the owner or person in possession of all
domestic animals afflicted with any contagious or infectious
diseases required to be reported to the State Board of Agriculture
together with the location of the animals and the disease with
which the animals are afflicted immediately upon such knowledge
or information coming to such practitioners.
§ 698.16 ABANDONED ANIMALS
A. 1. Any animal except domestic animals as such term is
defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed
in the custody of a licensed veterinarian for services which is
abandoned by its owner, the owner’s agent, or any other person for
a period of more than three (3) days after written notice, is given
by registered or certified mail, return receipt, is receipted, refused,
unclaimed or by actual hand-delivery to the owner or owner’s
agent at the last known address of the owner or the owner’s agent,
shall be deemed abandoned and may be sold, disposed of in a
humane manner by the veterinarian or turned over to the custody
of the nearest humane society or animal shelter.
2. Any animal except domestic animals as such term is
defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed
in the custody of a licensed veterinarian for, but not limited to,
boarding, treatment, or any other care, which is abandoned by an
anonymous individual for a period of more than five (5) days, shall
be deemed to be abandoned and may be sold, disposed of in a
humane manner by the veterinarian or turned over to the custody
of the nearest humane society or animal shelter .
B. Any domestic animal as such term is defined by Section 85.1
of Title 4 of the Oklahoma Statutes placed in the custody of a
licensed veterinarian for boarding, treatment or any other reason
which is abandoned by the owner, the owner’s agent or by an
anonymous individual may be disposed of as required for estrays
pursuant to Chapter 4 of Title 4 of the Oklahoma Statutes.
C. 1. Compliance with the notice provisions of this section by
the licensed veterinarian or the disposal of an animal pursuant to
subsection B of this section, as provided in subsection A of this
section, shall relieve the licensed veterinarian and any custodian to
whom such animal may be given of any further liability for
disposal.
2. Such procedure by a licensed veterinarian shall not
constitute grounds for disciplining pursuant to the Oklahoma
Veterinary Practice Act.
3. Compliance with this section shall relieve the veterinarian
from liability for such disposal or sale.
Revised 11/1/11 10
§ 698.16a RECORDKEEPING
A. Animal health records shall be the property of the owner or
manager of a veterinary practice that has prepared such records,
and shall include, but not be limited to, written records and notes,
radiographs, sonographic images, video tapes, photographs,
laboratory reports, or other diagnostic or case management
information received as the result of consulting with other licensed
veterinarians or medical specialists.
B. Each licensed veterinarian shall keep and maintain a legible
patient record for a period of thirty-six (36) months from the date
of the last visit of the patient. Each licensed or certificate holder
veterinarian shall maintain records in a manner that will permit any
authorized licensed veterinarian to proceed with the care and
treatment of the animal, if required, by reading the medical record
of that particular patient, and the record shall clearly explain the
initial examination. The State Board of Veterinary Medical
Examiners shall promulgate such rules as may be necessary to
ensure that patient records include certain necessary elements.
C. The owner or manager of any veterinary practice maintaining
animal health records shall provide the client or client’s agent
copies or a detailed written summary within ten (10) working days
of a request made in writing by the owner, unless the records are
required in an immediate life-threatening situation, at which time
the original records, copies of the written records or a detailed
written summary shall be forwarded to the attending or primary
care-licensed veterinarian within the same working day. The
owner or manager of any veterinary practice maintaining records
shall furnish the copies to the case upon tender of the expense of
such copy or copies. Cost of each copy shall not exceed the
amount specified in the Open Records Act per page, and no more
than a reasonable cost of duplicating diagnostic images, tapes, or
radiographs. There shall be no search fees assessed for the
protection or retrieval of any medical records.
D. 1. No veterinarian licensed pursuant to the Oklahoma
Veterinary Practice Act shall be required to disclose any
information concerning the licensed veterinarian’s care of an
animal except on written authorization or by other waiver by the
licensed veterinarian’s client or on appropriate court order, by
subpoena or as otherwise provided by this section.
2. Copies of or information from veterinary records shall be
provided without the owner’s consent to public or animal health,
wildlife or agriculture authorities, employed by federal, state or
local governmental agencies who have a legitimate interest in the
contents of said records for the protection of animal and public
health.
E. 1. Any licensed veterinarian releasing information under
written authorization or other waiver by the client or under court
order, by subpoena or as otherwise provided by this section shall
not be liable to the client or any other person.
2. The privilege provided by this section shall be waived to
the extent that the licensed veterinarian’s client or the owner of the
animal places the licensed veterinarian’s care and treatment of the
animal or the nature and extent of injuries to the animal at issue in
any civil or criminal proceeding.
§ 698.16b REPORTING INFORMATION
No person or entity which, in good faith, reports or provides
information or investigates any person as authorized by the
Oklahoma Veterinary Practice Act, shall be liable in a civil action
for damages or relief arising from the reporting, providing of
information or investigation except upon clear and convincing
evidence that the report of information was completely false, or
that the investigation was based on false information, and that the
falsity was actually known to the person or entity making the
report, providing the information or conducting the investigation at
the time thereof.
§ 698.17 GOOD SAMARITAN APPLICATION
Any veterinarian or registered veterinary technician who is
licensed or certified in this state or licensed veterinarian or licensed
veterinary technician who is a resident of another state or the
District of Columbia, and who in good faith renders or attempts to
render emergency care or treatment to an animal at the scene of an
accident or disaster or emergency care or treatment to a human
victim thereof, shall not be liable for any civil damages as a result
of any acts or omissions by such person rendering or attempting to
render the emergency care or treatment.
§ 698.18 PENALTIES
A. It shall be unlawful for any person to practice or attempt to
practice veterinary medicine without a current license or certificate
issued pursuant to the Oklahoma Veterinary Practice Act, or to
knowingly aid or abet another person in the unlicensed practice or
attempted practice of veterinary medicine in this state.
B. Any person who violates any of the provisions of subsection
A of this section shall, upon conviction, be guilty of a
misdemeanor punishable by a fine in an amount not less than Five
Hundred Dollars ($500.00), nor more than Five Thousand Dollars
($5,00.00), or by imprisonment in the county jail for a term of not
more than six (6) months, or by both such fine and imprisonment.
§ 698.19a CITATION AND FINE
A. 1. If, upon completion of an investigation, the Executive
Director of the State Board of Veterinary Medical Examiners has
probable cause to believe that a licensed veterinarian or any other
person has violated provisions of the Oklahoma Veterinary
Practice Act or rules promulgated thereto, the Executive Director
may issue a field citation to the licensed veterinarian or other
person, as provided in this section. Each field citation shall be in
writing and shall describe with particularity the nature of the
violation, including but not limited to a reference to the provision
of the Oklahoma Veterinary Practice Act alleged to have been
violated.
2. In addition, each field citation may contain an order of
abatement fixing a reasonable time for abatement of the violation,
and may contain an assessment of an administrative penalty not to
exceed Five Hundred Dollars ($500.00) for a first offense and not
to exceed Five Thousand Dollars ($5,000.00) for a second or each
subsequent offense. Each day such violation continues shall
constitute a separate offense.
3. The field citation shall be served upon the licensed
veterinarian or other person personally or by any certified mail,
return receipt requested.
B. Before any field citation shall be issued to any licensed
veterinarian, the Executive Director shall have submitted the
alleged violation for the review and examination to a probable
cause committee, comprised of the Board’s attorney, an
investigator, and a veterinarian licensed in the state of Oklahoma.
The probable cause committee, during its review, may contact the
licensed veterinarian to discuss and resolve the alleged violation.
Upon conclusion of the probable cause committee’s review, the
committee shall prepare findings of fact and a recommendation. If
the committee concludes that probable cause exists that the
veterinarian has violated any provisions of the Oklahoma
Veterinary Practice Act or rules promulgated thereto, an
administrative penalty shall be assessed upon the licensed
veterinarian.
C. 1. If a licensed veterinarian or other person who has been
determined by the Board or agent thereof to have violated any
provision of the Oklahoma Veterinary Practice Act or rules
promulgated or issued pursuant thereto desires to contest a field
citation or the proposed assessment of an administrative penalty
therefore, the licensed veterinarian or other person shall, within ten
(10) business days after service of the field citation, notify the
Executive Director in writing, requesting an informal conference
with the probable cause committee.
2. The probable cause committee shall hold, within sixty (60)
days from the receipt of the written request, an informal
conference. After the conclusion of the informal conference, and
based on recommendations thereof, the Executive Director may
Revised 11/1/11 11
affirm, modify or dismiss the field citation or proposed assessment
of an administrative penalty and the Executive Director shall state
with particularity in writing the reasons for the action, and shall
immediately transmit a copy thereof to the licensed veterinarian or
other person and the person who submitted the complaint.
D. 1. If the veterinarian or person desires to contest
administratively, a decision made after the informal conference,
the licensed veterinarian or other person shall inform the Executive
Director in writing within thirty (30) calendar days after such
person receives the decision resulting from the informal
conference.
2. If the licensed veterinarian or other person fails to request
an informal conference within the time specified in this section, the
field citation, the proposed assessment of the administrative
penalty or the decision made after an informal conference shall be
deemed a final order of the Board and shall not be subject to
further administrative reviews.
E. If a fine is paid to satisfy an assessment based on the findings
of a violation, payment of the fine shall be represented as
satisfactory resolution of the matter for the purpose of public
disclosure.
F. A veterinarian or other person, in lieu of contesting a field
citation pursuant to this section, may transmit to the Board the
amount assessed in the citation as an administrative penalty, within
thirty (30) days after service of the field citation. If a hearing is
not requested pursuant to this section, payment of any fine shall
not constitute an admission of the violation charged.
G. 1. If a veterinarian or other person has notified the Executive
Director within ten (10) working days of the issuance of the
assessment or field citation that such veterinarian or other person
intends to contest the decision made after the informal conference,
the Board shall hold a hearing to be held in accordance with the
Administrative Procedures Act and adjudicating such matters for
judgment only upon clear and convincing evidence as required by
the Oklahoma Veterinary Practice Act with the Board having all of
the powers granted therein.
2. After the hearing, the Board shall issue a decision based on
findings of the fact, affirming, modifying or vacating the citation,
or directing other appropriate relief which shall include, but need
not be limited to, a notice that the failure of the veterinarian or
other person to comply with any provision of the Board’s decision
may subject such veterinarian or person to the imposition of the
sanctions authorized by the Oklahoma Veterinary Practice Act.
H. After the exhaustion of the review procedures provided for in
this section, the Board may bring an action for judicial review and
administrative penalty and obtain an order compelling the cited
person to comply with any order issued pursuant to this section.
I. Failure of a licensee to pay a fine within thirty (30) days of
the date of assessment, unless the field citation is being appealed
may result in action being taken by the Board. When a citation is
not contested and a fine is not paid, the full amount of the assessed
fine shall be added to the fee for the renewal of the license. A
license shall not be renewed without payment of the renewal fee
and fine.
J. The Board shall promulgate rules covering the issuance of
field citations, the assessment of administrative penalties and other
duties specified by this section pursuant to this section which give
due consideration to the appropriateness of the penalty with respect
to the following factors:
a. the gravity of the violation,
b. the good faith of the person being charged, and
c. the history of previous violations.
§ 698.28 VETERINARY MEDICAL EXAMINERS FUND
There is hereby created in the State Treasury a revolving fund to be
designated the “Veterinary Medical Examiners Fund” which shall
consist of all monies received by the State Board of Veterinary
Medical Examiners as provided by statute. The fund shall be a
continuing fund not subject to fiscal year limitations. Monies
accruing to the credit of the fund are hereby appropriated and may
be expended by the Board for carrying out the provisions of the
Oklahoma Veterinary Practice Act. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims submitted by the Board to the Director of State Finance for
audit and payment.
§ 698.29 CONFIDENTIALITY OF INFORMATION
A. Except as provided in subsection D of this section, the State
Board of Veterinary Medical Examiners and its employees,
independent contractors, appointed committee members, or other
agents shall keep confidential, all information obtained:
1. During an investigation of citizen complaints into
allegations of violations of the Oklahoma Veterinary Practice Act,
including:
a. any review or investigation made to determine whether
to allow an applicant to take an examination, or
b. whether the Board shall grant a certificate, license, or
permit; and
2. In the course of conducting an investigation, including:
a. investigative reports provided to the Board by a
registrant, and
b. examinations and test scores.
B. To ensure the confidentiality of the information for the
protection of the affected individual or entity, the information
obtained shall not be deemed to be a record as that term is defined
in the Oklahoma Open Records Act.
C. Except as provided in subsection D of this section,
information obtained by the Board or any of its agents shall be
considered competent evidence in a court of competent jurisdiction
only in matters directly related to actions of the Board and the
affected individual or entity as a result of the Board obtaining the
information and the information shall not be admissible as
evidence in any other type of civil or criminal action.
D. At the discretion of the Board or any committee designated by
the Board and in the interest of protecting the health, safety and
welfare of the public, any information contained in the
investigation files of the Board may upon request be provided to
the following:
1. Any board or commission of the District of Columbia or
any state or territory of the United States which exercises
disciplinary authority; and
2. Any law enforcement agency which makes a proper
showing that such information is necessary to conduct or complete
a pending investigation of a crime not covered by the Oklahoma
Veterinary Practice Act.
§ 698.30 NEW LAW
A. The State Board of Veterinary Medical Examiners shall
annually certify any practitioner of teeth floating, known as a
nonveterinary equine dental care provider and as defined by
paragraph 25 of Section 698.2 of Title 59 of the Oklahoma
Statutes. Certification shall be issued within ninety (90) days of
application, and to be eligible for this certification, nonveterinary
equine dental care providers shall provide proof of qualification to
be a nonveterinary equine dental care provider using one of the
following methods:
1. Completion of at least eighty (80) hours of training in
equine dentistry at the Texas Institute of Equine Dentistry, the
Academy of Equine Dentistry or a similar program approved by
the State Board of Veterinary Medical Examiners; or
2. Certification as an equine dental technician 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 shall be from a veterinarian that is licensed
Revised 11/1/11 12
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. This
continuing education shall be a course approved by the Texas
Institute of Equine Dentistry, the Academy of Equine Dentistry,
the State Board of Veterinary Medical Examiners, the International
Association of Equine Dentistry or a similar organization approved
by the State Board of Veterinary Medical Examiners and shall be
obtained in the twelve-month period immediately preceding the
year for which the certification is to be issued.
D. If prescription drugs, not to include any controlled dangerous
substances as defined in the Uniform Controlled Dangerous
Substances Act, are to be used in nonveterinary equine dental care
procedures, the equine owner shall contact a veterinarian licensed
by the state. If the veterinarian deems that prescription drugs, not
to include any controlled dangerous substances as defined in the
Uniform Controlled 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 drugs 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 Administration regulations.
E. Complaints related to any teeth floater shall be filed with the
State Veterinarian through the Oklahoma Department of
Agriculture, Food, and Forestry. The State Veterinarian may
investigate complaints, and may forward findings as it deems
appropriate to the appropriate law enforcement entity.
§ 698.30a NEW LAW
A. The State Board of Veterinary Medical Examiners shall
certify an individual as a nonveterinary reproductive services
technician who qualifies and passes a written certification
examination approved by the Board and who holds a Ph.D. from
an accredited college or university with emphasis in animal
reproductive physiology, or a Master of Science degree from an
accredited college or university with emphasis in animal
reproductive physiology and Board Certification in animal
physiology by the American Registry of Professional Animal
Scientists, which certification authorizes them to provide
nonveterinary reproductive services as defined in the Oklahoma
Veterinary Practice Act.
B. Prior to July 1, 2012, an individual with a Bachelor of Science
degree from an accredited college or university, which includes
completion of at least six (6) semester hours in reproductive
physiology and who has practical experience in embryo transfer in
ruminating animals as verified in writing by sworn affidavit from
at least two client animal owners and from two approved certified
members of the American Embryo Transfer Association, shall be
allowed to become certified as a nonveterinary reproductive
services technician upon passing a written certification
examination approved by the Board.
C. In connection with performing nonveterinary reproductive
services, federal legend drugs shall be prescribed and dispensed
only on the order of a licensed veterinarian who has an existing
veterinarian-client-patient relationship as defined by the Oklahoma
Veterinary Practice Act and the rules of the Board and shall only
be administered in accordance with the act. Every nonveterinary
reproductive services technician shall keep and maintain medical
records that include the source of any prescription drugs used in
connection with providing nonveterinary reproductive services,
including the name and address of the veterinarian prescribing or
dispensing the drugs, the date the drugs are received, the species
and description of the animal involved, the animal owner or client
name and address, and the medications administered 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 for a period of
two (2) years from the date the drug was administered.
D. Proof of at least eight (8) hours of continuing education from
courses and study approved by the Board shall be required for
annual certification renewal as a nonveterinarian reproductive
services technician.
E. The certification examination and continuing education
described in this section shall be approved by the Examination
Committee that is overseen by the Board and consists of:
1. A veterinarian designated by the Dean of the Oklahoma
State University Center of Veterinary Health Sciences;
2. An animal scientist with a Ph.D. with an emphasis in
animal reproductive physiology designated by the head of the
Oklahoma State University Department of Animal Science; and
3. An animal embryologist as designated by the American
Embryo Transfer Association.
698.30b NEW LAW
A. The Animal Technology Advisory Committee shall be
overseen by the Board and the Oklahoma Department of
Agriculture, Food, and Forestry and shall investigate, examine,
discuss and determine whether any new or evolving technology,
procedure, method or practice should be considered or designated
an act of animal husbandry, the practice of veterinary medicine, or
added to the list of acts not prohibited in paragraph 1 of Section
698.12 of the Oklahoma Veterinary Practice Act.
B. The Animal Technology Advisory Committee shall be
chaired by the State Veterinarian employed by the Department
who shall have the following duties:
1. Call and give notice of all meetings of the committee;
2. Establish the agenda for the meetings of the committee;
3. Keep and maintain minutes of all meetings of the
committee; and
4. Publish and distribute all determinations of the committee
to the State Board of Veterinary Medical Examiners and Oklahoma
Department of Agriculture, Food, and Forestry.
C. In addition to the chairperson, who shall be a nonvoting
member, the Animal Technology Advisory Committee shall be
comprised of the following voting members:
1. Two veterinarians appointed by the Board;
2. One veterinarian appointed by the head of the Oklahoma
State University Center of Veterinary Health Sciences;
3. Two individuals actively involved in the livestock industry
appointed by the Secretary of Agriculture; and
4. One faculty member of the Oklahoma State University
Department of Animal Science appointed by the head of the
Department.
D. Recommendations of the Advisory Committee shall be made
by a majority vote of the voting members of the committee and
shall be presented to the Board, in writing, for consideration and
review at least thirty (30) days before a regularly scheduled
meeting of the Board. The Board shall consider the committee
recommendations and if approved take necessary action through
the rulemaking process to adopt the rules accordingly.
Revised 11/1/11 13
VETERINARY TECHNICIAN
§ 698.21 PERSON AUTHORIZED TO ACT AS
VETERINARY TECHNICIAN - PERSON NOT
CONSIDERED TO BE VETERINARY TECHNICIAN
A. Individuals certified as veterinary technicians pursuant to the
Oklahoma Veterinary Practice Act may use the terms registered
veterinary technician, veterinary technician, or abbreviations such
as CVT, RVT, and VT.
B. It shall be unlawful for any person to use any recognized title,
abbreviation, or sign to indicate that such person is a registered
veterinary technician, unless that person has been certified as
having met the qualifications provided for in the Oklahoma
Veterinary Practice Act. Such use shall be prima facie evidence of
the intention to represent oneself as a registered veterinary
technician.
C. A person shall not act as a veterinary technician in this state
unless that person is certified by the Board and is under direct
supervision of a veterinarian licensed pursuant to the provisions of
the Oklahoma Veterinary Practice Act.
D. A person shall not be considered to be a registered veterinary
technician in this state who:
1. Administers to animals for which such person holds title,
unless such person has received title for the purpose of
circumventing the Oklahoma Veterinary Practice Act; or
2. Is a regular student in a legally chartered and recognized
curriculum for veterinary technician training, while in the
performance of studies and acts assigned by that person’s
instructors.
§ 698.22 CANDIDATES FOR EXAMINATION - FEES -
QUALIFICATIONS -EMPLOYMENT
A. The State Board of Veterinary Medical Examiners shall
examine a candidate for certification as a veterinary technician. A
candidate for examination shall pay to the secretary of the Board a
reasonable fee established by rule of the Board and shall furnish
satisfactory proof of graduation from a program of veterinary
technology accredited by the American Veterinary Medical
Association and approved by the Board.
B. The provisions of the Oklahoma Veterinary Practice Act shall
not require a licensed veterinarian to hire a registered veterinary
technician nor prohibit a licensed veterinarian from employing a
veterinary assistant. Licensed veterinarians may delegate animal
care responsibilities to employees commensurate with their
training, experience, and skills.
C. On or before July 1 of each year, every registered veterinary
technician shall apply to the State Board of Veterinary Medical
Examiners for a renewal certificate of registration. Completion of
the renewal certificate will permit the veterinary technician to be
registered in Oklahoma during the next fiscal year. Forms for the
renewal registration shall be furnished by the Board. Each renewal
application shall be accompanied by a renewal fee in an amount to
be established by the Board by rule.
§ 698.23 ISSUANCE OF CERTIFICATE
Upon receiving from the State Board of Veterinary Medical
Examiners a report that an applicant has successfully passed the
examination and is recommended for certification, the Board shall
issue a certificate in a form approved by the Board.
§ 698.25 REVOCATION OR SUSPENSION OF
CERTIFICATE - PROBATION
The State Board of Veterinary Medical Examiners may revoke,
suspend or refuse to renew the certificate of a veterinary technician
or place the veterinary technician on probation, after notice and
opportunity for a hearing, upon a determination based on clear and
convincing evidence of a violation of the Oklahoma Veterinary
Practice Act or rules promulgated or orders issued pursuant thereto
or any other law or rule relating to the practice of veterinary
medicine.
§ 698.26 UNAUTHORIZED PRACTICE OF VETERINARY
MEDICINE - PENALTIES
A. It is unlawful for a registered veterinary technician, veterinary
technologist, nurse, veterinary assistant or other employee to
diagnose animal diseases, prescribe medical or surgical treatment,
or perform as a surgeon and such acts shall constitute the unlawful
practice of veterinary medicine as prohibited in Section 698.18 of
this title.
B. It is unlawful for any person to assume the title of registered
veterinary technician, or the abbreviation RVT, or any other words,
letters, signs, or figures that might induce a person to believe that
the person using the name is a registered veterinary technician,
when in fact such person is not certified.
C. A registered veterinary technician may perform emergency
treatments in a life saving situation in accordance with rules
promulgated by the Board.
D. Except as provided in Section 698.18 of this title, any person
certified as a veterinary technician, veterinary technologist,
veterinary nurse, or veterinary assistant who practices veterinary
medicine contrary to the provisions of the Oklahoma Veterinary
Practice Act, or any person who aids or abets another in the
practice or attempted practice as a veterinary technician, veterinary
technologist, veterinary nurse, or veterinary assistant without
license or certification, or any person violating any provision of
subsection B of this section, upon conviction, shall be guilty of a
misdemeanor punishable by a fine of not less than Five Hundred
Dollars ($500.00) nor more than Two Thousand Five Hundred
Dollars ($2,500.00), or by imprisonment in the county jail for a
term of not less than thirty (30) days, nor more than six (6) months,
or by both such fine and imprisonment. In addition to criminal
penalties, the violator shall be subject to denial, revocation,
suspension, probation or nonrenewal of certification by the Board.
E. The penalties provided in subsection D of this section shall
not apply to a student enrolled in an accredited school of veterinary
technology while the student is under the supervision of an
instructor and is performing activities required as a part of the
student’s training.
F. Any veterinarian licensed in this state who permits or directs a
veterinary technician, veterinary technologist, veterinary nurse,
aide or animal attendant to perform a task or procedure in violation
of the provisions of the Oklahoma Veterinary Practice Act, upon
conviction, shall be guilty of aiding or abetting the unlicensed
practice of veterinary medicine as prohibited by Section 698.18 of
this title, and shall be, in addition to any criminal penalties, subject
to revocation, probation, nonrenewal or suspension of license by
the Board.
Revised 2/22/11 i
OKLAHOMA VETERINARY ADMINISTRATIVE RULES
TITLE 775
INDEX TO CONTENTS
Page
CHAPTER 5 PURPOSE AND PROCEDURES
Subchapter 1. Purpose And Definitions
775:5-1-1. Purpose……………………………………………………………………………….....……………….. 1
775:5-1-2. Definitions…………………………………………………….………………………...……………….. 1
Subchapter 3. General Purposes And Procedures
775:5-3-1. Purpose of the Board…………………………………….……………………………..……………….. 1
775:5-3-2. Meetings of the Board……………………………..………….………………………..……………….. 1
775:5-3-3. Election of officers…………………………………………….…………………….....……………….. 1
775:5-3-4. Requests for information………………………………..…….……………���………..……………….. 1
775:5-3-5. Forms and instructions………………………………….…….………………………..……………….. 1
Subchapter 5. Administrative Processes
775:5-5-1. Purpose………………………………………………………..………………………..……………….. 1
775:5-5-2. Copies of rules………………………………………………………………………....……………….. 1
775:5-5-3. Petitions for rulemaking……………………………………….…………………….....……………….. 1
Subchapter 7. Declaratory Ruling
775:5-7-1. Purpose………………………………………………………...………….…………....……………….. 2
775:5-7-2. Petitions for declaratory rulings……………………………….……………………....……………….. 2
775:5-7-3. Filing of declaratory rulings…………………………………...…………………��....……………….. 2
CHAPTER 10 LICENSURE OF VETERINARIANS, VETERINARY TECHNICIANS AND ANIMAL EUTHANASIA
TECHNICIANS
Subchapter 1. General Provisions
775:10-1-1. Purpose…………………………………………………………………….…………...……………….. 2
Subchapter 3. Licensure of Veterinarians
775:10-3-1. Application for Licensure…………………………………………..…………………..……………….. 2
775:10-3-2. Minimum Education Requirements……………………………………….…………...……………….. 2
775:10-3-3. Examination Criteria………………………………………..………………………....……………….. 2
775:10-3-4. Granting of License…………………………………………………………………....……………….. 2
775:10-3-5. Continuing Education for Renewal of License………………...………….…………..……………….. 2
775:10-3-6. Continuation of License until Final Determination…………...………….…………...……………….. 3
775:10-3-7. Continuing Education for Reinstatement of License……….….………….…………...……………….. 3
775:10-3-8. Faculty Licensure……………………………………………...……………………....……………….. 3
775:10-3-8.1 Requirements for Obtaining Faculty Licensure………………………………………..……………….. 3
775:10-3-8.3 Provisional License…………………………………………………………………....……………….. 4
775:10-3-9. Certificate Holders………………………………………..………………..……….....……………….. 4
775:10-3-10.1 Temporary licensure during a declared emergency……………………………………………………. 4
775:10-3-12. Fees………………………………………………………..…..……………………....……………….. 4
Subchapter 4. Veterinarian Emeritus
775:10-4-1. Veterinarian Emeritus Application and Issuance……………….……………………..……………….. 5
775:10-4-2. Restrictions on Activities…………………………………..……………….................……………….. 5
775:10-4-3. Return to Active Practice from Emeritus Status………………………….…………...……………….. 5
Subchapter 5. Rules of Professional Conduct
775:10-5-26. Disciplinary Action……………..……………………………………….….................……………….. 5
775:10-5-30. Unprofessional conduct…………………………………………………….………....……………….. 5
Subchapter 7. Certification of Veterinary Technicians
775:10-7-1. Application for Certification Form; Time for Filing; Fee…………..…..……………..……………….. 6
775:10-7-2. Certification by Examination……………………………..…………….���…………..……………….. 7
775:10-7-3. Issuance of Certificate; Notification…………………………..…...….……………....……………….. 7
775:10-7-4. Current Certification………………………………………….…...….…….………....……………….. 7
775:10-7-6. Qualifications for Reinstatement of lapsed certificate………..…...….…….………...……………….. 7
775:10-7-7. Approval of Veterinary Technology Programs…………………...….…….………...……………….. 7
775:10-7-8. Complaint Against the Veterinary Technician……………….…...….…….………....……………….. 7
775:10-7-9. Supervision of a Veterinary Technician…………………………...…...……………..……………….. 8
775:10-7-9.1. Duties Performed Without Direct Supervision…………………………….................……………….. 8
775:10-7-10. Denial, Suspension or Revocation of a Veterinary Technician Certificate…..............……………….. 8
Revised 2/22/11 ii
Subchapter 8. Certification Of Euthanasia Technicians
775:10-8-1. Purpose………………………………………………………………………………...……………….. 8
775:10-8-2. Definitions……………………………………………………………………………..……………….. 8
775:10-8-3. Application for certification form; Time for filing…………………………………....……………….. 9
775:10-8-4. Employment requirements for certification…………………………….……………..……………….. 10
775:10-8-5. Examination for certification……………………………………………….………...……………….. 10
775:10-8-6. Issuance of a certificate; Renewal of certificate; Reinstatement of certificate; Fees of the Board…… 10
775:10-8-7. Continuing education hours required for renewal of certificate...………….………...……���……….. 10
775:10-8-8. Continuing education required for reinstatement of certificate....………….………...……………….. 11
775:10-8-9. Continuing of certificate until final determination……………...………..…..............……………….. 11
775:10-8-10. Duties of Animal Euthanasia Technicians……………………...………….………....……………….. 11
775:10-8-11. Duties of an Animal Euthanasia Technician upon cessation of qualified employment..……………… 11
775:10-8-12. Registration of Animal Euthanasia Technicians to purchase and possess controlled dangerous
substances………..…………………...………………………………..………………....……..….. 11
775:10-8-13. Authority of Animal Euthanasia Technicians to purchase, possess and administer controlled
substances; Limitations on authority…….…………………………..….....……………………….. 11
775:10-8-14. Storage and security of controlled dangerous substances, certificates of registration and drug
order forms……………………………………………..…….………….......……………………… 12
775:10-8-15. Maintenance of records and inventories of controlled dangerous substances………...……………….. 12
775:10-8-16. Standards for euthanasia of animals in the custody of a law enforcement agency, animal control
agency or animal shelter………….…………………………………...……………………………. 12
775:10-8-17. Standards for injection of animals………………………….…...…………................……………….. 12
775:10-8-18. Euthanasia by injection of controlled dangerous substances; Verification of death....………………… 13
775:10-8-19. Euthanasia by oral administration of denatured sodium pentobarbital; Verification of death…………. 13
775:10-8-20. Area used for animal euthanasia; Recommended equipment and supplies.…………...……………….. 13
775:10-8-21. Complaints against an Animal Euthanasia Technician…………………………….…..……………….. 14
775:10-8-22. Denial, suspension or revocation of an Animal Euthanasia Technician certificate…...……………….. 14
775:10-8-23. Emergency temporary suspension of a certificate…………………….….………..…..……………….. 14
775:10-8-24. Law enforcement agencies, animal control agencies and animal shelters; Recognition and
approval by the Board……………………………………………………………..………………… 14
775:10-8-25. Law enforcement agencies, animal control agencies and animal shelters; Notice of termination
of employment of a certified Animal Euthanasia Technician……………..………………………… 14
775:10-8-26. Inspection of law enforcement agencies, animal control agencies, animal shelters and
registered locations; Notification and correction of deficiencies……………….....………………… 14
775:10-8-27. Inspection of law enforcement agencies, animal control agencies, animal shelters and registered
locations after discovery of deficiency; Failure to correct deficiency....………………....…………. 15
775:10-8-28. Complaints against a law enforcement agency, animal control agency, or animal shelter
recognized and approved by the Board..………………………………….…....…………………… 15
775:10-8-29. Denial, suspension or revocation of Board recognition and approval of a law enforcement
agency, animal control agency, or animal shelter……………..………....…………………………. 15
775:10-8-30. Emergency temporary suspension of Board recognition and approval of a law enforcement agency,
animal control agency, or animal shelter……………….….…...………………....………………… 15
775:10-8-31. Persons reporting information or investigating; Liability………………....…………...……………….. 15
775:10-8-32. Required curriculum of training courses for Animal Euthanasia Technicians………...……………….. 15
775:10-8-33. Approval of training courses for Animal Euthanasia Technicians offered by others....……………….. 15
775:10-8-34. Committee on Animal Euthanasia Technicians; Creation; Membership; Duties……...……………….. 15
Subchapter 9. Animal Chiropractic Diagnosis and Treatment
775:10-9-3. Certification for a veterinarian in animal chiropractic diagnosis and treatment…….....……………….. 15
775:10-9-5. Continuing education hours ………………………………….....………………….…..……………….. 15
Subchapter 10. Complementary and Alternative Therapy
775:10-10-1. Definition of Complementary and Alternative Therapy…………….……………..…..……………….. 15
775:10-10-10. Requirements prior to providing animal massage services…………….……………....……………….. 16
Subchapter 11. Animal Husbandry
775:10-11-1. RESERVED…………………………………………………………….……………....……………….. 16
Subchapter 12. Equine Teeth Floating
775:10-12-1. RESERVED…………………………………………………………….……………....……………….. 16
775:10-12-2. RESERVED…………………………………………………………….……………....……………….. 16
775:10-12-3. RESERVED…………………………………………………………….……………....……………….. 16
Revised 2/22/11 iii
CHAPTER 15 INVESTIGATIONS AND DISCIPLINARY ACTIONS
Subchapter 1. Purpose And Definitions
775:15-1-1. Purpose……………………………………………………………...….……………....……………….. 16
775:15-1-2. Definitions……………………………………………………..…...….………………..………………. 16
Subchapter 3. Investigations And Disciplinary Actions
775:15-3-1. Investigations………………………………………………….…...….………..……..……………….. 16
775:15-3-2. Recusal of the Secretary-Treasurer………………………………...….……………...………………… 16
775:15-3-3. Complaint and Citation……………………………………..…...….………………...………………… 16
775:15-3-4. Emergency Temporary Suspension………………………………...….……………..………………… 16
775:15-3-5. Hearing examiner……………………………………………..…...….…..…………..………………… 17
775:15-3-6. Response to a formal complaint…………………………………...….……………....………………… 17
775:15-3-7. Pre-hearing conference…………………………………………...….………………..………………… 17
775:15-3-8. Discovery…………………………………………………���……...….……..............………………… 17
775:15-3-9. Motions prior to hearing…………………………………………...….……………...……………… … 17
775:15-3-10. Procedure of the hearing……………………………………..…...….…………….....………………… 17
775:15-3-11. Failure to appear……………………………………………..…...….……..………...……………… … 17
775:15-3-12. Opening statements and closing arguments……………………...….…….……….....………………… 17
775:15-3-13. Deliberations……………………………………………………...….……................………………… 17
775:15-3-14. Subpoenas………………………………………………………...….……..…….......………………… 17
775:15-3-15. Answer to subpoena………………………………………….…...….……..………..………………… 18
775:15-3-16. Hearing record……………………………………………….…...….….….………..………………… 18
775:15-3-17. Final orders………………………………………………….…...….…..….………..………………… 18
775:15-3-18. Petitions for rehearing…………………………………………...….…….……….....………………… 18
Subchapter 5. Cost
775:15-5-1. Costs………………………………………………………….…...….…….………...………………… 18
775:15-5-2. Deferral of payment of fees……….……………………………...….……..………...………………… 18
Subchapter 7. Other Disciplinary Mechanisms
775:15-7-1. Voluntary submission to jurisdiction……………………….….…...….….………....………………… 18
775:15-7-2. Letters of concern…………………………………………….…...….….….………..………………… 18
CHAPTER 20 MINIMUM STANDARDS FOR VETERINARY PREMISES
775:20-1-1. Purpose………………………………………………………..…...…..……..............……………….. 18
775:20-1-2. Building and grounds standards…………………………………...….……………...……………….. 18
775:20-1-3. Equipment standards………………………………………….…...….…….………..……………….. 18
775:20-1-4. Housekeeping standards…………………………………………...….……………....……………….. 19
775:20-1-5. Mobile Clinics……………………………………………………...….……………...……………….. 19
775:20-1-6. Mobile/Ambulatory Units……………………………………..…...….……………...……………….. 19
CHAPTER 25 RECORDKEEPING AND SUPERVISION REQUIREMENTS
775:25-1-1. Purpose………………………………………………………..…...…..……………..………………… 19
775:25-1-2. Patient records. ……………………………………………….…...…..…….............………………… 19
775:25-1-3. Dispensing and labeling requirements. …………………….…...….….……………..……………….. 19
775:25-1-4. Supervision Requirements. …………………………………..…...….……………...………………… 20
CHAPTER 26 WHOLESALER/DISTRIBUTOR OF VETERINARY PRESCRIPTION DRUGS
775:26-1-1. Distribution of veterinary prescription labeled drugs………………………………....………………… 21
CHAPTER 30 FIELD CITATION PENALTIES
775:30-1-1. Classifications and administrative penalties………………….…...….………………..………………… 21
Previously Revoked: Chapters 1-4; 775:10-3-10, 11, 13; 775:10-5-1-28; 775:10-7-5; and 775:10-8-32 and 33.
The Oklahoma State Board of Veterinary Medical Examiners is not responsible for the misinterpretation of
any Administrative Rules and Regulations in this book, which may be caused by any error of miswording
or by the misspelling, inclusion or exclusion of any word or words.
Revised 2/22/11 1
CHAPTER 5. PURPOSE AND
PROCEDURES
SUBCHAPTER 1. PURPOSE AND DEFINITIONS
775:5-1-1. Purpose
The purpose of this chapter is to describe the powers and purpose
of the Board, the organization of the Board and administrative
processes of the Board.
775:5-1-2. Definitions
The following words and terms, when used in this chapter, shall
have the following meaning, unless the context clearly indicates
otherwise:
“Act” means the Oklahoma Veterinary Practice Act, 59 O.S. Sec.
698.1, et seq.
“APA” means Article I and/or Article II of the Oklahoma
Administrative Procedures Act, 75 O.S.Sec. 250, et seq.
“Applicant” means any person who submits an application for
licensure to the Board.
“Board” means the Board of Veterinary Examiners.
“Executive Director” means the Executive Director of the Board.
“President�� means the President of the Board.
“Secretary-Treasurer” means the Secretary-Treasurer of the Board.
“Vice-President” means the Vice-President of the Board.
SUBCHAPTER 3. GENERAL PURPOSES AND
PROCEDURES
775:5-3-1. Purpose of the Board
The purpose of the Board is to regulate the practice of veterinary
medicine in this State, as provided in the Act, and to implement,
administer and enforce provisions of the Act.
775:5-3-2. Meetings of the Board
(a) All meetings of the Board shall be conducted in compliance
with the Oklahoma Open Meeting Act, 25 O.S. Sec. 300, et seq.
The Board shall provide advance public notice of the date, time
and place of each meeting to be convened as well as provide an
agenda of all matters to be considered.
(b) The Board shall hold regular meetings at least two (2) times
per year at a place and time determined by the Board.
(c) The Board may convene special meetings, emergency
meetings or continue or reconvene meetings as may be expedient,
necessary or proper. Special meetings may be called by the
President or any two members of the Board.
(d) The Board shall create written minutes of each meeting,
which minutes shall be the official summary of all matters
undertaken by the Board during each meeting and all action of the
Board. In the written minutes of an emergency meeting, the nature
of the emergency and all actions which occurred at the meeting,
including the reason or reasons for declaring the emergency
meeting, shall be included.
(e) Copies of all minutes of the meetings of the Board, except for
minutes which are confidential pursuant to the Open Records Act,
may be obtained at the offices of the Board upon payment of copy
fees.
775:5-3-3. Election of officers
The Board shall organize annually at the last meeting of each fiscal
year by electing from among its members a President, Vice-
President and Secretary-Treasurer.
775:5-3-4. Requests for information
(a) The Board shall act at all times in accordance with the
provisions of the Open Records Act, 51 O.S. Sec. 24A.1, et seq.
(b) The public may review public records of the Board, or obtain
copies thereof, by submitting written, telephonic, facsimile or
electronic requests for such to the Executive Director or the
Executive Director’s designee. All public records of the Board
shall be available for inspection and copying during normal
business hours. A member of the Board’s staff shall be available
during normal business hours to receive and respond to requests
for inspection and copying.
(c) All records of the Board shall be public unless protected by a
mandatory or permissive privilege of confidentiality. In the event
a request is made for the release of a record subject to a permissive
privilege of confidentiality, the Secretary-Treasurer shall
determine whether or not disclosure is proper.
775:5-3-5. Forms and instructions
The Board shall cause to be created appropriate forms and
instructions related to licensure, renewal of licenses, continuing
education requirements and such other matters as deemed
necessary by the Board. Forms and instructions shall be
maintained at the offices of the Board and shall be available to any
person upon request and the payment of appropriate copy fees.
Forms and instructions shall be subject to revision as needed.
SUBCHAPTER 5. ADMINISTRATIVE PROCESSES
775:5-5-1. Purpose
The purpose of this Subchapter is to describe procedures for the
submission, consideration and disposition of petitions requesting
the promulgation, amendment or repeal of an administrative rule.
775:5-5-2. Copies of rules
An unofficial copy of any rule of the Board may be obtained at the
offices of the Board. The public may obtain a copy of any petition
for the promulgation, amendment or repeal of any rule of the
Board upon request and the payment of appropriate copy fees.
775:5-5-3. Petitions for rulemaking
(a) Any interested person may petition the Board in writing to
promulgate, amend or repeal a rule.
(b) The Board shall maintain a permanent docket concerning
petitions for the promulgation, amendment or repeal of a rule. At
such time a petition is filed, it shall be numbered, and the number
of the petition, the date of filing, the designation of the action
sought, and the name and address of the person who filed the
petition shall be shown. The address shall include the city, state,
street number or post office and zip code of the person who filed
the petition.
(c) The petition shall be filed with the Board in duplicate and
shall be typewritten, except as may be waived by the Board upon
written request.
(d) The petition shall contain the following information as
applicable and except as may be waived by the Board:
(1) A statement of the legal authority and jurisdiction under
which the petition is filed;
(2) The exact language of the proposed rule, amendment or
repeal requested;
(3) A statement and legal references which show that the
requested rule, amendment or repeal is not in conflict with any
existing rule, ruling, order or opinion of the Board or any policy or
provision of the APA or Act, or that any existing rule, ruling, order
or opinion should be set aside or amended;
(4) A statement of the purpose of the requested rule,
amendment or repeal and at least one example of fact situation to
which the rule, amendment or repeal will apply; and
(5) The name and address of the person who requested the
rule, amendment or repeal. In the event the request is made by an
association or corporate body, the request shall also include the
name and address of a contact person at said association or
Revised 2/22/11 2
corporate body who is able to provide meaningful information
related to the request.
(e) The petition shall be submitted for review for a minimum
period of 45 days.
(f) The Board, on its own motion or upon the request of any
other interested party, may require any petitioner to provide
additional information, as may be specified by the Board, for use
in the Board’s consideration and disposition of the petition. The
failure of a petitioner to provide additional requested information shall
constitute grounds for the Board to take no action on a petition.
(g) Upon completion of the study period, the Board, at a regular
or special meeting, shall meet to consider the merits and proper
disposition of the petition. Not less than ten (10) days prior to
such meeting, the Executive Director shall notify the petitioner of
the date, time and place the petition shall be considered. The
Board may request the petitioner’s presence for the purpose of
argument or the submission of other information related to the
petition.
(h) At the time and place designated for the public hearing,
proponents and opponents of the proposed rulemaking action may be
heard in the manner and order prescribed by the Board at that time.
(i) At the conclusion of the public hearing, the Board shall
render its decision on the petition. In the event the Board concurs
with the action requested in the petition, it shall take prompt
action, either by permanent promulgation procedures or emergency
promulgation procedures, to implement its decision. The Board
shall take emergency promulgation action only in the event a basis
for emergency promulgation is patent.
(j) Dissatisfied parties may request a rehearing or
reconsideration within ten (10) days from the date of the Board
decision, in a manner allowed by the APA.
SUBCHAPTER 7. DECLARATORY RULING.
775:5-7-1. Purpose
This Subchapter describes procedures of the Board related to the
filing and disposition of petitions for declaratory rulings.
775:5-7-2. Petitions for declaratory rulings
(a) Any person who desires a ruling as to the applicability of any
rule or order of the Board may file a petition with the Executive
Director, in writing, for a declaratory ruling. A request for
declaratory ruling shall provide a full, factual description of the
scenario the petitioner requests to have ruled upon and the rule,
rules or order pertinent to the request. The Board may request
additional information from the petitioner.
(b) The Board may request the assistance of the Attorney General
prior to making a response to the petition.
(c) At a regular or special meeting of the Board, the Board shall
discuss and rule upon the petition. The ruling shall be reduced to
writing and shall consist of:
(1) a restatement of the question posed in the petition;
(2) an answer to the question posed in the petition; and
(3) the reason or reasons for the answer given.
(d) A copy of the declaratory ruling shall be mailed to the
petitioner.
775:5-7-3. Filing of declaratory rulings
The Board shall create a file that contains copies of all declaratory
rulings issued by the Board. Any person may obtain a copy of any
ruling so issued by the Board upon request and the payment of the
appropriate copy fee.
CHAPTER 10. LICENSURE OF
VETERINARIANS, VETERINARY
TECHNICIANS AND ANIMAL EUTHANSIA
TECHNICIANS
SUBCHAPTER 1. GENERAL PROVISIONS
775:10-1-1. Purpose
The rules in this chapter describe the procedures for licensing and
renewal procedures of veterinarians, registered veterinary
technician