1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 270 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
7 amending 59 O.S. 2011, Sections 698.2, 698.4 and
8 698.7, as amended by Section 14, Chapter 428, O.S.L.
8 2019, 698.8, 698.30, 698.30a and 698.33 (59 O.S.
9 Supp. 2020, Sections 698.3 and 698.7), which relate
9 to the Oklahoma Veterinary Practice Act; modifying
10 definitions; modifying termination date; removing
10 obsolete language; modifying powers and duties of the
11 Board; modifying reciprocity of license; modifying
11 certification of nonveterinary equine dental care;
12 removing obsolete language; extending prohibition for
12 program agreements; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 59 O.S. 2011, Section 698.2, is
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17 amended to read as follows:
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18 Section 698.2. As used in the Oklahoma Veterinary Practice Act:
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19 1. "Board" means the State Board of Veterinary Medical
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20 Examiners;
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21 2. "Animal" means any animal other than humans and includes,
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22 but is not limited to, fowl, fish, birds and reptiles, wild or
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23 domestic, living or dead;
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 1 3. "Veterinarian" means a person who has received a degree in
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2 veterinary medicine or its equivalent from a school of veterinary
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3 medicine;
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4 4. "Licensed veterinarian" means any veterinarian who holds an
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5 active license to practice veterinary medicine in this state;
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6 5. "School of veterinary medicine" means any veterinary college
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7 or division of a university or college that offers the degree of
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8 doctor of veterinary medicine or its equivalent, which conforms to
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9 the standards required for accreditation by the American Veterinary
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10 Medical Association (AVMA) and which is recognized and approved by
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11 the Board;
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12 6. "Veterinary technician" means a person who has graduated
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13 from a program accredited by the American Veterinary Medical
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14 Association, or its equivalent which is recognized and approved by
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15 the Board, and who has passed the examination requirements set forth
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16 by the Board, and is certified to practice under the direct
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17 supervision of a licensed veterinarian. For the purpose of the
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18 Oklahoma Veterinary Practice Act, "registered veterinary technician
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19 (RVT)" will be used interchangeably with veterinary technician who
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20 is certified pursuant to Sections 698.21 through 698.26 of this
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21 title;
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22 7. "Veterinary technologist" means a person who has
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23 successfully graduated from an AVMA-accredited bachelor degree
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24 program of veterinary technology, or its AVMA equivalent;
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 1 8. "Veterinary assistant" means an individual who may perform
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2 the duties of a veterinary technician or veterinary technologist,
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3 however, has not graduated from an AVMA-accredited technology
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4 program or its equivalent, and has not been certified by the Board;
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5 9. "Veterinary technology" means the science and art of
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6 providing all aspects of professional medical care, services, and
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7 treatment for animals with the exception of diagnosis, prognosis,
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8 surgery, and prescription of any treatments, drugs, medications, or
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9 appliances, where a valid veterinarian-client-patient relationship
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10 exists;
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11 10. "Direct supervision" means:
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12 a. directions have been given to a veterinary technician,
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13 nurse, laboratory technician, intern, veterinary
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14 assistant or other employee for medical care following
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15 the examination of an animal by the licensed
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16 veterinarian responsible for the professional care of
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17 the animal, or
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18 b. that, under certain circumstances following the
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19 examination of an animal by a licensed veterinarian
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20 responsible for the professional care of the animal,
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21 the presence of the licensed veterinarian on the
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22 premises in an animal hospital setting or in the same
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23 general area in a range setting is required after
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24 directions have been given to a veterinarian who has a
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 1 certificate issued pursuant to Section 698.8 of this
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2 title;
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3 11. "License" means authorization to practice veterinary
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4 medicine granted by the Board to an individual found by the Board to
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5 meet certain requirements pursuant to the Oklahoma Veterinary
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6 Practice Act or any other applicable statutes;
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7 12. "Supervised Doctor of Veterinary Medicine Certificate"
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8 means authorization to practice veterinary medicine with certain
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9 limitations or restrictions on that practice, set by the Board or
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10 authorization to perform certain enumerated functions peripheral to
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11 the practice of veterinary medicine as set by the Board and has a
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12 certificate issued pursuant to Section 698.8 of this title;
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13 13. "Veterinarian-client-patient relationship" means when:
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14 a. the licensed veterinarian has assumed the
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15 responsibility for making medical judgments regarding
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16 the health of an animal or animals and the need for
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17 medical treatment, and the client, owner or other
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18 caretaker has agreed to follow the instructions of the
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19 licensed veterinarian, and
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20 b. there is sufficient knowledge of the animal or animals
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21 by the licensed veterinarian to initiate at least a
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22 general or preliminary diagnosis of the medical
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23 condition of the animal or animals in that:
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 1 (1) the licensed veterinarian has recently seen or is
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2 personally acquainted with the keeping and care
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3 of the animal or animals, or
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4 (2) the licensed veterinarian has made medically
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5 necessary and timely visits to the premises where
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6 the animal or animals are kept or both, and
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7 c. the licensed veterinarian is readily available for
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8 follow-up in case of adverse reactions or failure of
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9 the regimen of therapy, or has arranged for emergency
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10 medical coverage, and
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11 d. the licensed veterinarian's actions would conform to
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12 applicable federal law and regulations;
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13 14. "Veterinary premises" means any facility where the practice
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14 of veterinary medicine occurs, including, but not limited to, a
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15 mobile unit, mobile clinic, outpatient clinic, satellite clinic,
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16 public service outreach of a veterinary facility, or veterinary
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17 hospital or clinic. The term "veterinary premises" shall not
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18 include the premises of a client of a licensed veterinarian or
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19 research facility;
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20 15. "Veterinary prescription drugs" means such prescription
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21 items as are in the possession of a person regularly and lawfully
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22 engaged in the manufacture, transportation, storage, or wholesale or
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23 retail distribution of veterinary drugs and the federal Food and
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24 Drug Administration-approved human drugs for animals which because
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 1 of their toxicity or other potential for harmful effects, or method
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2 of use, or the collateral measures necessary for use, are labeled by
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3 the manufacturer or distributor in compliance with federal law and
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4 regulations to be sold only to or on the prescription order or under
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5 the supervision of a licensed veterinarian for use in the course of
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6 professional practice. Veterinary prescription drugs shall not
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7 include over-the-counter products for which adequate directions for
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8 lay use can be written;
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9 16. "ECFVG certificate" means a certificate issued by the
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10 American Veterinary Medical Association Education Commission for
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11 Foreign Veterinary Graduates, indicating that the holder has
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12 demonstrated knowledge and skill equivalent to that possessed by a
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13 graduate of an accredited or approved college of veterinary
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14 medicine;
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15 17. "Executive Director" means the Executive Director of the
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16 State Board of Veterinary Medical Examiners or the authorized
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17 representative of such official;
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18 18. "Telemedicine" or "telehealth" shall mean the transmission
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19 of diagnostic images such as, but not limited to, radiographs,
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20 ultrasound, cytology, endoscopy, photographs and case information
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21 over ordinary or cellular phone lines to a licensed veterinarian or
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22 board-certified medical specialist for the purpose of consulting
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23 regarding case management with the primary care licensed
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24 veterinarian who transmits the cases means the practice of
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 1 veterinary medicine including diagnosis, consultation, evaluation,
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2 treatment, transfer of medical data or exchange of information by
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3 means of a two-way, real-time interactive communication between a
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4 client or patient and a veterinarian with access to and reviewing
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5 the patient's relevant information prior to the telemedicine visit.
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6 Telemedicine or telehealth shall not include consultations provided
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7 by telephone audio-only communication. A veterinarian using
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8 telehealth technologies shall take appropriate steps to establish
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9 the veterinarian-client-patient relationship and conduct all
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10 appropriate evaluations and history of the patient consistent with
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11 traditional standards of care for the particular patient
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12 presentation. A veterinarian shall be licensed, or under the
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13 jurisdiction of, the veterinary board of the jurisdiction where the
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14 patient is located. The practice of medicine occurs where the
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15 patient is located at the time telehealth technologies are used;
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16 19. "Person" means any individual, firm, partnership,
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17 association, joint venture, cooperative, corporation, or any other
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18 group or combination acting in concert, and whether or not acting as
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19 a principal, trustee, fiduciary, receiver, or as any other kind of
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20 legal or personal representative, or as the successor in interest,
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21 assignee, agent, factor, servant, employee, director, officer,
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22 fictitious name certificate, or any other representative of such
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23 person;
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 1 20. "Food animal" means any mammalian, poultry, fowl, fish, or
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2 other animal that is raised primarily for human food consumption;
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3 21. "Surgery" means the branch of veterinary science conducted
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4 under elective or emergency circumstances, which treats diseases,
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5 injuries and deformities by manual or operative methods including,
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6 but not limited to, cosmetic, reconstructive, ophthalmic,
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7 orthopedic, vascular, thoracic, and obstetric procedures. The
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8 provisions in Section 698.12 of this title shall not be construed as
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9 surgery;
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10 22. "Abandonment" means to forsake entirely or to neglect or
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11 refuse to provide or perform the legal obligations for care and
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12 support of an animal by its owner, or the owner's agent.
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13 Abandonment shall constitute the relinquishment of all rights and
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14 claims by the owner to an animal;
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15 23. "Animal chiropractic diagnosis and treatment" means
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16 treatment that includes vertebral subluxation complex (vcs) (VSC)
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17 and spinal manipulation of nonhuman vertebrates. The term "animal
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18 chiropractic diagnosis and treatment" shall not be construed to
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19 allow the:
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20 a. use of x-rays,
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21 b. performing of surgery,
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22 c. dispensing or administering of medications, or
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23 d. performance of traditional veterinary care;
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 1 24. "Animal euthanasia technician" means an employee of a law
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2 enforcement agency, an animal control agency, or animal shelter that
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3 is recognized and approved by the Board, who is certified by the
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4 Board and trained to administer sodium pentobarbital to euthanize
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5 injured, sick, homeless or unwanted domestic pets and other animals;
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6 25. "Teeth floating", as provided by a nonveterinary equine
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7 dental care provider, means the removal of enamel points and the
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8 smoothing, contouring and leveling of dental arcades and incisors of
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9 equine and other farm animals. It shall not include dental
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10 procedures on canines and felines;
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11 26. "Nonveterinary reproductive services" means nonveterinary
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12 services provided by an individual certified by the Board as a
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13 nonveterinary reproductive services technician, and involves and
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14 shall be limited to nonsurgical embryo transfer in ruminating
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15 animals including cattle, sheep, goats, farmed deer and other
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16 ruminating exotic animals such as those found in zoos, and may
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17 include basic ultrasonography of their ovaries to evaluate the
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18 response to embryo-transfer-associated procedures and of the uterus
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19 to determine pregnancy by the detection of a heartbeat within the
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20 transferred embryo at or greater than twenty-eight (28) days of
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21 gestation of such ruminating animals;
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22 27. "Embryo transfer" means the biosecure process of inducing
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23 increased ovulations within a donor female for the in vivo
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24 production of embryos, the flushing of those embryos, collecting,
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 1 grading and transferring of those embryos to recipient females, or
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2 the cryopreservation of those embryos for storage and later transfer
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3 to recipient females;
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4 28. "Animal Technology Advisory Committee" means the advisory
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5 committee established by the Board pursuant to Section 4 of this act
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6 698.30b of this title to advise and make recommendations to the
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7 Board regarding any new and evolving technology, procedure, method
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8 or practice that may be considered or otherwise designated as an act
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9 of animal husbandry that should be included as an act not prohibited
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10 in paragraph 1 of Section 698.12 of the Oklahoma Veterinary Practice
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11 Act. Reference to the advisory committee in this act shall mean the
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12 Animal Technology Advisory Committee; and
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13 29. "Examination Committee" means the committee established and
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14 described in subsection E D of Section 3 of this act 698.30a of this
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15 title related to nonveterinary reproductive services; and
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16 30. "Probable Cause Committee" means the committee consisting
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17 of the Board's secretary or treasurer, investigator and attorney to
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18 negotiate and settle disputes in accordance with the Oklahoma
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19 Veterinary Practice Act.
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20 SECTION 2. AMENDATORY 59 O.S. 2011, Section 698.4, is
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21 amended to read as follows:
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22 Section 698.4. A. 1. The State Board of Veterinary Medical
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23 Examiners shall consist of six (6) members, appointed by the
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24 Governor with the advice and consent of the Senate. The Board shall
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 1 consist of five licensed veterinarian members, and one lay person
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2 rep