§59-698.7. Powers and duties of Board.
1,578 words·~7 min read·
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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:
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; and 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 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. Such continuing education shall include not less than one
(1)hour of education in pain management or one
(1)hour of education in opioid use or addiction annually, unless the licensee has demonstrated to the satisfaction of the Board that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number;
20. Establish minimum standards for veterinary premises;
21. Establish standards for veterinary labeling and dispensing of 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;
23. Shall conduct a national criminal history records search for certified animal euthanasia technicians:
a. the applicant shall furnish the Board two completed
fingerprint cards and a money order or cashier's check
made payable to the Oklahoma State Bureau of
Investigation,
b. the Board shall 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 be 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
b. have appropriate training in animal chiropractic
diagnosis and treatment. The Veterinary Examining
Board shall have the authority to establish
educational criteria for certification standards in
animal chiropractic diagnosis 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. Give scholarships, as determined by the Board, to an individual advancing toward obtaining a degree in veterinary medicine from an Oklahoma higher education institution and take such other action as may be reasonably necessary or appropriate to effectuate the Oklahoma Veterinary Practice Act. The Board may, at its discretion, contract with other state agencies and nonprofit corporations for the endowment, management and administration of scholarships. The requirements of such scholarships shall be determined by the Board. However, nothing contained herein shall be construed as requiring the Board to endow or award any scholarship; and
26. Perform such other duties and exercise such other powers as the provisions and enforcement of the Oklahoma Veterinary Practice Act may require. Added by Laws 1971, c. 126, § 7, emerg. eff. May 4, 1971. Amended by Laws 1982, c. 192, § 3, emerg. eff. April 22, 1982; Laws 1990, c. 314, § 6, eff. Sept. 1, 1990; Laws 1997, c. 143, § 1, eff. Nov. 1, 1997; Laws 1999, c. 94, § 8, eff. Nov. 1, 1999; Laws 2000, c. 199, § 5, eff. Nov. 1, 2000; Laws 2000, c. 334, § 6, eff. Nov. 1, 2000;
Laws 2002, c. 172, § 2, eff. Nov. 1, 2002; Laws 2019, c. 428, § 14, emerg. eff. May 21, 2019; Laws 2021, c. 564, § 4, eff. Nov. 1, 2021. NOTE: Laws 2000, c. 131, § 5 repealed by Laws 2000, c. 334, § 9, eff. Nov. 1, 2000.