As Introduced

126th General Assembly
Regular Session
H. B. No. 458

Representatives Core, Webster, McGregor, J., Fessler, Setzer, Reinhard, Seitz, Hartnett, Reidelbach, Aslanides 

To amend sections 4741.01, 4741.02, 4741.03, 4741.09, 1
4741.11, 4741.12, 4741.14, 4741.16, 4741.17, 2
4741.171, 4741.19, 4741.20, 4741.21, 4741.22, 3
4741.221, 4741.24, 4741.26, and 4741.31, to enact 4
new section 4741.13 and section 4741.04, and to 5
repeal sections 4741.13, 4741.27, and 4741.28 of 6
the Revised Code to revise the veterinary practice 7


       Section 1. That sections 4741.01, 4741.02, 4741.03, 4741.09, 9
4741.11, 4741.12, 4741.14, 4741.16, 4741.17, 4741.171, 4741.19, 10
4741.20, 4741.21, 4741.22, 4741.221, 4741.24, 4741.26, and 4741.31 11
be amended and new section 4741.13 and section 4741.04 of the 12
Revised Code be enacted to read as follows:13

       Sec. 4741.01.  As used in this chapter:14

       (A) "Animal" means any animal other than mana human being15
and includes fowl, birds, fish, and reptiles, wild or domestic, 16
living or dead.17

       (B) The "practice of veterinary medicine" means the practice 18
of any person who performs any of the following actions:19

       (1) For hire, fee, compensation, or reward promised, offered, 20
expected, received, or accepted, either directly or indirectly, 21
diagnoses, prognoses,Diagnoses, prevents, or treats, administers22
any disease, illness, pain, deformity, defect, injury, or other 23
physical, mental, or dental condition of any animal;24

       (2) Administers to, prescribes for, operates on, manipulates25
or performs any medical or surgical technique on any animal that 26
has any disease, illness, pain, deformity, defect, injury, or 27
other physical, mental, or dental condition;28

       (3) Prescribes, applies, or dispenses any drug, medicine, 29
biologic, anesthetic, or other therapeutic or diagnostic 30
substance, or applies any apparatus or appliance for any disease, 31
illness, pain, deformity, defect, injury, wound, or other32
physical, mental, or dental condition of any animal, or for the33
prevention of or to test for the presence of any disease of any34
animal, or who holds himself out as being able or legally35
authorized to act in such manner, or who holds himself out as36
being a veterinarian involved in environmental health, public37
health, food hygiene, preventive medicine, space medicine, or38
other special areas, or who engages in the practice of embryo39

       (2) Practices dentistry or surgery on any animal;41

       (3)(4) Uses complementary, alternative, and integrative 42
therapies on animals;43

       (5) Renders professional advice or recommendation by any 44
means, including telephonic or other electronic communication with 45
regard to any activity described in division (B)(1) to (4) of this 46

       (6) Represents himself the person's self, directly or 48
indirectly, publicly or privately, as engaged in the practice of49
veterinary medicine as definedhaving the ability and willingness 50
to perform an act described in divisions (B)(1) and (2)to (4) of51
this section;52

       (4)(7) Uses any words, letters, abbreviations, or titles in 53
such connection and under such circumstances as to induce the 54
belief that the person using them is engaged in the practice of 55
veterinary medicine.56

       (C) "Specialist" means a personlicensed veterinarian who is 57
certified by a veterinary specialty board of a professional 58
veterinary association recognized by rule of the state veterinary 59
medical licensing board.60

       (D) "DirectVeterinary supervision" means instruction and 61
directions requiring the physical presence ofby a licensed 62
veterinarian on the premises or, if the veterinarian is absent 63
from the premises, theby a licensed veterinarian who is readily64
available for contact with a registered veterinary technician or 65
any otherto communicate with a person requiring supervision by 66
the veterinarian by telephone or wireless communication.67

       (E) "Veterinary student extern" means a student enrolled in a 68
college of veterinary medicine or a veterinary technology college69
approved by the board and who is employed byworking with a 70
licensed veterinarian.71

       (F) "Registered veterinary technician" means a person who has 72
received a degree in animal healthis a graduate of a veterinary73
technology from a schoolcollege approved by the state veterinary 74
medical licensing board or a school recognized by the American 75
veterinary medical association, and who is employed by and under 76
the direct supervision of a licensed veterinarian, has 77
successfully passed an examination approved by the board, and 78
maintains registration eligibility status in accordance with rules 79
adopted by the board.80

       (G) "VeterinaryAnimal aide" means a person who is employed 81
by a licensed veterinarian and supervised by a licensed 82
veterinarian or a registered veterinary technician to perform 83
duties such as record keeping, animal restraint, and such other 84
duties that the board, by rule, establishes. In adopting the 85
rules, the board shall include rules regarding the degree of 86
supervision required for each duty. The rules shall be consistent 87
with generally accepted standards of veterinary medical practice.88

       (H) "Advertising" means any manner, method, means, or89
activity by which a practicing veterinarian, hisa practicing90
veterinarian's partners, or associates, or any information in 91
reference to veterinary science, is made known to the public 92
through any use of motion pictures, newspapers, magazines, books, 93
radio, television announcements, or any other manner, method, 94
means, or activity which commercially publicizes the professional 95
image of the veterinarian.96

       (I) "Embryo transfer" means the removal of an embryo ovum97
from the reproductive tract of an animal and its transfer to the98
reproductive tract of another animal for the purpose of gestation99
and birth.100

       (J) "ConsultantVeterinary consultant" means a veterinarian 101
who is not licensed in this state and who provides advice and 102
counsel to a requesting veterinarian licensed in this state in 103
regard to the treatment, diagnosis, or health care of an animal or 104
animals in a specific case.105

       (K) "Direct veterinary supervision" means a licensed 106
veterinarian is in the immediate area and within audible range, 107
visual range, or both, of a patient and the person administering 108
to the patient.109

       (L) "Allied medical support" means a licensed dentist, 110
physician, chiropractor, or physical therapist who is in good 111
standing as determined under Chapter 4715., 4731., 4734., or 4755. 112
of the Revised Code, as applicable.113

       (M) "Veterinary-client-patient-relationship" means a 114
relationship that meets the requirements of section 4741.04 of the 115
Revised Code.116

       (N) "Abandonment" means a client has left an animal in the 117
care of a veterinarian, and the client has not contacted or 118
communicated with the veterinarian to reclaim that animal.119

       (O) "Licensed veterinarian" means a person licensed by the 120
board to practice veterinary medicine.121

       (P) "Client" means the patient's owner, owner's agent, or 122
other person responsible for the patient.123

       (Q) "Veterinary technology" means the science and art of 124
providing professional support to veterinarians.125

       (R) "Patient" means an animal that is examined or treated by 126
a licensed veterinarian.127

       Sec. 4741.02.  There shall be a state veterinary medical128
licensing board consisting of seven members, who have been legal129
residents of this state for not less than five years, appointed by130
the governor with the advice and consent of the senate, as131
follows: five members who have been licensed to practice132
veterinary medicine in this state for not less than five133
consecutive years prior to their appointment; one member who is a134
registered veterinary technician registered pursuant to this135
chapter for not less than five consecutive years prior to136
appointment; and one member who is a representative of the public.137
Terms of office are for fivethree years, commencing on the first 138
day of January and ending on the thirty-first day of December, 139
except that the initial terms of office of the registered 140
veterinary technician and the public member commence on January 1, 141
1992, with the registered veterinary technician's initial term of 142
office ending on December 31, 1994, and the public member's 143
initial term of office ending on December 31, 1996. Each member 144
shall hold office from the date of the member's appointment until 145
the end of the term for which the member was appointed. Any member 146
appointed to fill a vacancy occurring prior to the expiration of 147
the term for which the predecessor was appointed shall hold office 148
for the remainder of such term. Any member shall continue in 149
office subsequent to the expiration date of the member's term 150
until a successor takes office, or until a period of sixty days 151
has elapsed, whichever occurs first. No person who has been152
appointed a member of the board shall be appointed to serve a153
second termmore than three, three-year terms unless a period of 154
fivethree years has elapsed since the termination of the member's 155
firstthird term, provided that members initially appointed for 156
less than a five-year term and personsa person appointed to fill 157
an unexpired term may be appointed for onethree full termterms158
of fivethree years each immediately following such termsterm and 159
that the total length of the member's service does not exceed ten 160

       No member of the board shall be the owner of any interest in,162
or be employed by any wholesale or jobbing house dealing in163
supplies, equipment, or instruments used or useful in the practice164
of veterinary medicine. Neither the public member nor the165
registered veterinary technician member shall have any vested166
financial interest in the practice of veterinary medicine. For167
purposes of this section employment as a veterinary technician for168
a veterinarian does not constitute a vested financial interest in169
the practice of veterinary medicine.170

       The governor may remove any member of the board for171
malfeasance, misfeasance, or nonfeasance after a hearing as172
provided in Chapter 119. of the Revised Code or if the license of173
a veterinary member is not renewed or has been revoked or174
suspended on any ground set forth in section 3123.47 or 4741.22 of175
the Revised Code or if the registration of the registered176
veterinary technician member is revoked or suspended or is not177
renewed under section 3123.47 or 4741.19 of the Revised Code.178

       Each member of the board shall receive an amount fixed179
pursuant to division (J) of section 124.15 of the Revised Code for180
each day, or portion thereof, the member is actually engaged in181
the discharge of official duties, in addition to the member's182
necessary expenses.183

       Sec. 4741.03.  (A) The state veterinary medical licensing184
board shall meet at least once in each calendar year and may hold185
additional meetings as often as it considers necessary to conduct186
the business of the board. The president of the board may call187
special meetings, and the executive secretarydirector shall call 188
special meetings upon the written request of three members of the 189
board. The board shall organize by electing a president and190
vice-president from its veterinarian members and such other191
officers as the board prescribes by rule. Each officer shall serve 192
for a term specified by board rule or until a successor is elected 193
and qualified. A quorum of the board consists of four members of 194
which at least three are members who are veterinarians. The 195
concurrence of four members is necessary for the board to take any 196

       (B) The board may appoint a person, not one of its members, 198
to serve as its executive secretarydirector. The executive199
secretarydirector is in the unclassified service and serves at 200
the pleasure of the board. The executive secretarydirector shall 201
serve as the board's secretary-treasurer ex officio. The board may 202
employ additional employees for professional, technical, clerical, 203
and special work as it considers necessary. The executive 204
secretarydirector shall give a surety bond to the state in the 205
sum the board requires, conditioned upon the faithful performance 206
of the executive secretary'sdirector's duties. The board shall 207
pay the cost of the bond. The executive secretarydirector shall 208
keep a complete accounting of all funds received and of all 209
vouchers presented by the board to the director of budget and 210
management for the disbursement of funds. The president or 211
executive secretarydirector shall approve all vouchers of the 212
board. All money received by the board shall be credited to the 213
occupational licensing and regulatory fund.214

       (C) In addition to any other duty required under this215
chapter, the board shall do all of the following:216

       (1) Prescribe a seal;217

       (2) Hold at least oneAccept and review applications for 218
admission to an examination during each calendar year for 219
applicants for a license. Thein accordance with section 4741.09 220
of the Revised Code and review the results of examinations taken 221
by applicants in accordance with rules adopted by the board shall 222
provide public notice of the time and place for the examination. 223
The examination for applicants for a license to practice 224
veterinary medicine shall be either written or oral, or both, as 225
determined by the board, and may include a practical 226
demonstration. The examination may include all subjects relevant 227
to veterinary medicine the board determines appropriate, including 228
public health and jurisprudence.229

       (3) Keep a record of all of its meetings and proceedings;230

       (4) Maintain a register that records all applicants for a231
certificate of license or a temporary permit, all persons who have 232
been denied a license or permit, all persons who have been granted 233
or reissued a license or permit, and all persons whose license or 234
permit has been revoked or suspended. The register shall also 235
include a record of persons licensed prior to October 17, 1975.236

       (5) Maintain a register, in such form as the board determines 237
by rule, of all colleges and universities that teach veterinary 238
medicine and veterinary technology that are approved by the board;239

       (6) Enforce this chapter, and for that purpose, make240
investigations relative as provided in section 4741.26 of the241
Revised Code;242

       (7) Issue licenses and permits to persons who meet the243
qualifications set forth in this chapter;244

       (8) Approve colleges and universities which meet the board's 245
requirements for veterinary medicine and associated fields of 246
study and withdraw or deny, after an adjudication conducted in 247
accordance with Chapter 119. of the Revised Code, approval from 248
colleges and universities which fail to meet those requirements;249

       (9) Adopt rules, in accordance with Chapter 119. of the250
Revised Code, which are necessary for its government and for the251
administration and enforcement of this chapter.252

       (D) The board may do all of the following:253

       (1) Subpoena witnesses and require their attendance and254
testimony, and require the production by witnesses of books, 255
papers, public records, animal patient records, and other 256
documentary evidence and examine them, in relation to any matter 257
that the board has authority to investigate, inquire into, or 258
hear. Except for any officer or employee of the state or any 259
political subdivision of the state, the treasurer of state shall 260
pay all witnesses in any proceeding before the board, upon 261
certification from the board, witness fees in the same amount as 262
provided in section 2335.06 of the Revised Code.263

       (2) Examine and inspect books, papers, public records, animal 264
patient records, and other documentary evidence at the location 265
where the books, papers, records, and other evidence are normally 266
stored or maintained.267

       (E) All registers, books, and records kept by the board are 268
the property of the board and are open for public examination and 269
inspection at all reasonable times in accordance with section 270
149.43 of the Revised Code. The registers, books, and records are 271
prima-facie evidence of the matters contained in them.272

       Sec. 4741.04. A veterinary-client-patient relationship serves 273
as the basis for interaction between veterinarians, their clients, 274
and their patients. A veterinary-client-patient relationship 275
exists when all of the following conditions have been met:276

       (A) A veterinarian assumes responsibility for making clinical 277
judgments regarding the health of a patient and the need for 278
medical treatment, medical services, or both for the patient, and 279
the client has agreed to follow the veterinarian's instructions 280
regarding the patient.281

       (B) The veterinarian has sufficient knowledge of the patient 282
to initiate at least a general or preliminary diagnosis of the 283
medical condition of the patient. In order to demonstrate that the 284
veterinarian has sufficient knowledge, the veterinarian shall have 285
seen the patient recently and also shall be acquainted personally 286
with the keeping and care of the patient either by examining the 287
patient or by making medically appropriate and timely visits to 288
the premises where the patient is kept.289

       (C) The veterinarian is readily available for a follow-up 290
evaluation, or has arranged for emergency coverage, in the event 291
the patient suffers adverse reactions to the treatment regimen or 292
the treatment regimen fails.293

       Sec. 4741.09.  (A) A person desiring to take ana nationally 294
recognized examination approved by the state veterinary medical 295
licensing board in accordance with the rules adopted by the board296
for a license to practice veterinary medicine shall deliver to the 297
executive secretarydirector of the state veterinary medical 298
licensing board, at least forty-five days prior to the date of the 299
examination, a written application for admission to the 300
examination, together with a current photograph, satisfactory301
proof that thethat meets the requirements that the board 302
establishes by rule. An applicant isshall be more than eighteen 303
years of age, isbe of good moral character, and hashave304
graduated from a veterinary college or school approved by the 305
board, verified by a certified photostatic copy of the applicant's 306
college record, including dates in attendance, courses completed, 307
grades received, and diplomas issued, and such other reasonable 308
information as the board requires.309

       (B) A student who has completed or is enrolled in good310
academic standing in the fourth academic year or in the final311
clinical year at a veterinary college approved by the board may312
apply to the executive secretarydirector to take the national 313
board examination or the clinical competency examination, or both,314
a nationally recognized examination the board approves in rule and315
any other examination the board requires by rule for a license to316
practice veterinary medicine. A student who has completed or is317
enrolled in good academic standing in the second half of the third 318
academic year at a veterinary college approved by the board may 319
apply to the executive secretary to take the national board320
portion of the examination for a license to practice veterinary321
medicine. In addition to the information required to be submitted 322
under division (A) of this section, the applicant shall submit a 323
letter from the dean or histhe dean's designee of the veterinary324
college thatin which the applicant is a student in good academic 325
standing and that meets the requirements of this division.326

       (C) If the board finds that the applicant possesses the327
qualifications necessary for admission, meets the requirements of328
this chapter, the rules of the board, and is not in violation of329
this chapter or any other applicable provision of the Revised Code 330
which would preclude acceptance by the board, the board shall 331
admit the applicant to the examination.332

       Sec. 4741.11.  Whenever an applicant for a license to333
practice veterinary medicine passes the examination specified in334
division (C)(2) of section 4741.034741.09 of the Revised Code, 335
and has graduated from a veterinary college approved by the state336
veterinary medical licensing board or accredited by the American337
veterinary medical association or has been issued a certificate on 338
or after May 1, 1987, by the education commission for foreign339
veterinary graduates of the American veterinary medical340
association, and is not in violation of this chapter, the board341
shall issue a certificate of license to that effect, signed by the 342
members and bearing the seal of the board. The certificate shall 343
show that the successful applicant has qualified under the laws of 344
this state and the requirements of the board and that the345
applicant is duly licensed and qualified to practice veterinary346

       Upon request, the board shall furnish to an applicant for a348
license who fails to pass the examination a written report showing 349
reasons for histhe applicant's failure in the examination.350

       Sec. 4741.12.  The state veterinary medical licensing board351
may issue a license to practice veterinary medicine without the352
examination specified in division (C)(2) ofrequired pursuant to353
section 4741.034741.11 of the Revised Code to an applicant from 354
another state, territory, country, or the District of Columbia who 355
furnishes satisfactory proof to the board that hethe applicant356
meets all of the following criteria:357

       (A) HeThe applicant is a graduate of a veterinary college358
accredited by the American veterinary medical association or holds 359
a certificate issued, on or after May 1, 1987, by the education360
commission for foreign veterinary graduates of the American361
veterinary medical association or issued by any other nationally 362
recognized certification program the board approves by rule.363

       (B) HeThe applicant holds a license, which is not under364
suspension, revocation, or other disciplinary action, issued by an 365
agency similar to this board of another state, territory, country, 366
or the District of Columbia, having requirements equivalent to 367
those of this state, provided the laws of such state, territory,368
country, or district accord equal rights to the holder of a369
license to practice in this state who removes to such state,370
territory, country, or district.371

       (C) HeThe applicant is of good moral character, as 372
determined by the board.373

       (D) HeThe applicant is not under investigation for an act374
which would constitute a violation of this chapter that would 375
require the revocation of or refusal to renew a license.376

       (E) HeThe applicant has a thorough knowledge of the laws and377
rules governing the practice of veterinary medicine in this state, 378
as determined by the board.379

       Sec. 4741.13.  The state veterinary medical licensing board 380
may issue a limited license to practice veterinary medicine to an 381
individual whose sole professional capacity is with a veterinary 382
academic institution or veterinary technology institution 383
recognized by the board in accordance with rules the board adopts 384
or with a government diagnostic laboratory. A person holding a 385
limited license is authorized to engage in the practice of 386
veterinary medicine only to the extent necessary to fulfill the 387
person's employment or educational obligations as an instructor, 388
researcher, diagnostician, intern, resident in a veterinary 389
specialty, or graduate student.390

       The board may issue a limited license to an applicant who 391
submits a completed application on a form prescribed by the board, 392
pays the fee prescribed in section 4741.17 of the Revised Code, 393
and meets the criteria established by the board.394

       Sec. 4741.14. (A) The state veterinary medical licensing395
board may issue, without the examination specified in division396
(C)(2) ofrequired pursuant to section 4741.034741.11 of the 397
Revised Code, a temporary permit to practice veterinary medicine 398
to either of the following:399

       (1) An applicant for admission to the examination, provided 400
the applicant meets all conditions and requirements of section 401
4741.09 of the Revised Code;402

       (2) Aa veterinarian holding a license which is not revoked,403
suspended, expired, or under any restrictions and is otherwise in404
good standing from another state, territory, or the District of405
Columbia, provided that a veterinarian who holds a current license 406
in this state applies for the temporary permit for the407

       (B) A temporary permit issued pursuant to division (A)(1) of 409
this section expires on the day following the announcement of the 410
grades of the first examination given after the temporary permit 411
is issued. No applicant shall receive a second temporary permit 412
under division (A)(1) of this section after he has failed the 413

       (C) A temporary permit issued pursuant to division (A)(2) of415
this section only authorizes the permit holder to act as a 416
veterinary consultant or to provide veterinary medical services in 417
this state for a specific animal or animals. Under all 418
circumstances, when using the services of a veterinary consultant, 419
the responsibility for the patient remains with the licensed 420
veterinarian who is consulting with the veterinary consultant. The 421
board shall determine by rule the specific purposes for which it 422
may issue a temporary permit and the duration of the permit, not 423
to exceed six months, under rules it adopts pursuant to Chapter 424
119. of the Revised Code. No more than two temporary permits may 425
be issued pursuant to division (A)(2) of this section to any one 426
applicant. Any subsequent applications shall be made pursuant to 427
section 4741.12 of the Revised Code.428

       Sec. 4741.16.  (A) A license or limited license to practice 429
veterinary medicine issued by the state veterinary medical 430
licensing board pursuant to sections 4741.11 to 4741.13 of the 431
Revised Code expires biennially on the first day of March in 432
even-numbered years, and may be renewed in accordance with the 433
standard renewal procedures contained in Chapter 4745. of the 434
Revised Code upon payment of the required renewal fee and 435
fulfillment of the continuing education requirements contained in 436
division (B) of this section unless otherwise provided by law. The 437
board shall issue a duplicate certificate to any holder upon 438
request and upon due proof of loss of the original.439

       (B) As a condition precedent to each renewal of a license or 440
limited license, a licensed veterinarian shall demonstrate, to the 441
satisfaction of the board, that hethe licensed veterinarian has 442
completed thirty hours of continuing education during the two 443
years immediately preceding renewal of histhe licensed 444
veterinarian's license or limited license that meets the445
requirements established by rule of the board as to form and 446

       (C) The board may waive the requirement of division (B) of448
this section if the licensee submits an affidavit evidencing that449
the licensee was prevented from attending an approved educational450
program during a year because of the occurrence of an unusual and451
prolonged emergency, provided the licensee otherwise complies with 452
such requirements as the board determines.453

       (D) Educational program requirements not completed during the 454
biennial license period, due to a waiver granted by the board455
under division (C) of this section, are cumulative on the456
requirements for the succeeding biennial license period.457

       (E) Any license or limited license which is not renewed at 458
the end of the biennium becomes an inactive license or limited 459
license. A licensee may reactivate an inactive license or limited 460
license upon application to the board. The board shall prescribe 461
continuing education and other requirements as it considers 462
necessary to reactivate a license or limited license. Any license 463
or limited license which has been inactive for more than four 464
years expires if the licensee has not applied for reactivation of 465
the license or limited license. Upon expiration, a license or 466
limited license becomes void.467

       (F) Division (E) of this section does not apply to any468
veterinarian who serves solely in a professional capacity with any 469
federal, state, or local government agency or with any branch of 470
the armed forces of the United States.471

       Sec. 4741.17.  (A) Applicants or registrants shall pay to the 472
state veterinary medical licensing board:473

       (1) For an initial veterinary license based on examination or 474
for an initial limited license, on or after the first day of March 475
in an even-numbered year, three hundred seventy-five dollars, and 476
on or after the first day of March in an odd-numbered year, two 477
hundred fifty dollars;478

       (2) For a veterinary license by reciprocity issued on or 479
after the first day of March in an even-numbered year, four 480
hundred twenty-five dollars, and on or after the first day of481
March in an odd-numbered year, three hundred dollars;482

       (3) For a veterinary temporary permit, one hundred dollars;483

       (4) For a duplicate license, thirty-five dollars;484

       (5) For the veterinary license or limited license biennial 485
renewal fee, where the application is postmarked no later than the 486
first day of March, one hundred fifty-five dollars; where the 487
application is postmarked after the first day of March, but no 488
later than the first day of April, two hundred twenty-five 489
dollars; and where the application is postmarked after the first 490
day of April, four hundred fifty dollars;491

       (6) For an initial registered veterinary technician 492
registration fee on or after the first day of March in an 493
odd-numbered year, thirty-five dollars, and on or after the first 494
day of March in an even-numbered year, twenty-five dollars;495

       (7) For the biennial renewal registration fee of a registered496
veterinary technician, where the application is postmarked no497
later than the first day of March, thirty-five dollars; where the498
application is postmarked after the first day of March, but no499
later than the first day of April, forty-five dollars; and where 500
the application is postmarked after the first day of April, sixty 501

       (8) For a specialist certificate, fifty dollars. The503
certificate is not subject to renewal.504

       (9) For the reinstatement of a suspended license, or for 505
reinstatement of a license that has lapsed more than one year, an 506
additional fee of seventy-five dollars;507

       (10) For examinations offered by the board, a fee, which508
shall be established by the board, in an amount adequate to cover 509
the expense of procuring, administering, and scoring examinations.510

       (B) The board, subject to the approval of the controlling511
board, may establish fees in excess of the amounts provided in512
this section, provided that the fees do not exceed the amounts513
permitted by this section by more than fifty per cent.514

       (C) For the purposes of divisions (A)(5) and (7) of this515
section, a date stamp of the office of the board may serve in lieu 516
of a postmark.517

       Sec. 4741.171.  Any licensed veterinarian who desires to 518
temporarily or permanently retire from practice and who has given 519
the state veterinary medical licensing board notice in writing to 520
that effect may be certified by the board as being retired, 521
provided histhe licensed veterinarian's license is in good 522
standing. The board may by rule waive the payment of the 523
registration fee of a licensed veterinarian or registered 524
veterinary technician during the period when hethe licensed 525
veterinarian or registered veterinary technician is on active duty 526
in connection with any branch of the armed forces of the United 527

       Each veterinarian licensed by the board, whether a resident 529
or not, shall notify, in writing, the secretaryexecutive director530
of the board of any change in histhe licensed veterinarian's531
office address or employment within ninety days after the change 532
has taken place.533

       Sec. 4741.19.  (A) Unless exempted under this chapter, no534
person shall practice veterinary medicine, or any of its branches, 535
without a license or limited license issued by the state 536
veterinary medical licensing board pursuant to sections 4741.11 to 537
4741.13 of the Revised Code, a temporary permit issued pursuant to 538
section 4741.14 of the Revised Code, or a registration certificate 539
issued pursuant to division (C) of this section, or with an 540
inactive, expired, suspended, terminated, or revoked license, 541
temporary permit, or registration.542

       (B) No veterinary student extern shall:543

       (1) Perform or assist surgery unless under the direct 544
veterinary supervision of a licensed veterinarian and unless the 545
externstudent has had the minimum education and experience 546
prescribed by rule of the board;547

       (2) Engage in any other work related to the practice of548
veterinary medicine unless under the directveterinary supervision 549
of a licensed veterinarian;550

       (3) Participate in the operation of a branch office, clinic, 551
or allied establishment unless a licensed veterinarian is present 552
on the establishment premises.553

       (C) No person shall act as a registered veterinary technician 554
unless the person is registered with the board on a biennial basis 555
and pays the biennial registration fee. A registered veterinary 556
technician registration expires biennially on the first day of 557
March in the odd-numbered years and may be renewed in accordance 558
with the standard renewal procedures contained in Chapter 4745. of 559
the Revised Code upon payment of the biennial registration fee and 560
fulfillment of ten continuing education hours during the two years 561
immediately preceding renewal for registration. Each registered 562
veterinary technician shall notify in writing the secretary563
executive director of the board of any change in the registered 564
veterinary technician's office address or employment within ninety 565
days after the change has taken place.566

       (1) A registered veterinary technician operating under the567
veterinary supervision of a licensed veterinarian may perform the 568
following duties:569

       (1)(a) Prepare or supervise the preparation of patients,570
instruments, equipment, and medications for surgery;571

       (2) Induce and monitor general anesthesia according to572
medically recognized and appropriate methods;573

       (3)(b) Collect or supervise the collection of specimens and574
perform laboratory procedures as required by the supervising575

       (4)(c) Apply wound dressings, casts, or splints as required577
by the supervising veterinarian;578

       (5)(d) Assist a veterinarian in immunologic, diagnostic,579
medical, and surgical procedures;580

       (6)(e) Suture skin incisions;581

       (7) Dental prophylaxis;582

       (8)(f) Administer or supervise the administration of topical,583
oral, or parenteral medication under the direction of the584
supervising veterinarian;585

       (9)(g) Other ancillary veterinary technician functions that586
are performed pursuant to the order and control and under the full 587
responsibility of a licensed veterinarian.588

       (h) Any additional duties as established by the board in 589

       (2) A registered veterinary technician operating under direct 591
veterinary supervision may perform all of the following:592

       (a) Induce and monitor general anesthesia according to 593
medically recognized and appropriate methods;594

       (b) Dental prophylaxis, periodontal care, and extraction not 595
involving sectioning of teeth or resection of bone or both of 596

       (c) Equine dental procedures, including the floating of 598
molars, premolars, and canine teeth; removal of deciduous teeth; 599
and the extraction of first premolars or wolf teeth.600

       The degree of supervision by a licensed veterinarian over the 601
functions performed by the registered veterinary technician shall 602
be consistent with the standards of generally accepted veterinary 603
medical practices.604

       (D) A veterinarian licensed to practice in this state shall 605
not hold oneself outpresent the person's self as or state a claim 606
that the person is a specialist unless the veterinarian has 607
previously met the requirements offor certification by a 608
specialty organization recognized by the American board of609
veterinary medical associationspecialties for a specialty or such 610
other requirements set by rule of the board and has paid the fee 611
required by division (A)(8) of section 4741.17 of the Revised 612

       (E) Notwithstanding division (A) of this section, any animal 614
owner or the owner's designee may engage in the practice of embryo 615
transfer on the owner's animal if a licensed veterinarian directly 616
supervises the owner or the owner's designee and the means used to 617
perform the embryo transfer are nonsurgical.618

       (F) Allied medical support may assist a licensed veterinarian 619
to the extent to which the law that governs the individual 620
providing the support permits, if all of the following apply:621

       (1) A valid veterinary-client-patient-relationship exists.622

       (2) The individual acts under direct veterinary supervision.623

       (3) The allied medical support individual receives informed, 624
written, client consent.625

       (4) The veterinarian maintains responsibility for the patient 626
and keeps the patient's medical records.627

       The board may inspect the facilities of an allied medical 628
support individual in connection with an investigation based on a 629
complaint received in accordance with section 4741.26 of the 630
Revised Code involving that individual.631

       Sec. 4741.20.  This chapter does not apply to:632

       (A) A person who administers to animals, the title to which 633
is vested in himselfthe person's self, except when the title is 634
so vested for the purpose of circumventing the provisions of this 635
chapter. No person shall vest title of an animal in himselfthe 636
person's self for the purposes of circumventing this chapter.637

       (B) A person who is a regular student in a legally chartered 638
college of veterinary medicine or a veterinary technology college639
while in the performance of those duties and actions assigned by 640
histhe person's instructors;641

       (C) A person who is a member of the armed forces of the642
United States or an employee of the United States department of643
agriculture, the United States public health service, or other644
federal agency, or the Ohio department of agriculture except a645
licensed veterinarian, and who, while so commissioned or employed, 646
performs official duties;647

       (D) A person who advises with respect to or performs acts648
which the state veterinary medical licensing board by rule has649
prescribed as accepted management practices in connection with650
livestock production;651

       (E) A person who conducts routine vaccinations, pullorum652
testing, and typhoid testing of poultry and other poultry disease653
control activity under supervision of a national poultry654
improvement plan as administered by an official state agency or655
the United States department of agriculture;656

       (F) A physician licensed to practice medicine in this state, 657
or histhe assistant of such a licensed physician, while engaged 658
in medical research;659

       (G) A member of the faculty of an American veterinary medical 660
association accredited college of veterinary medicine, provided 661
that such member is a veterinarian and only is practicing in 662
conjunction with teaching duties at the school or college or in 663
its main teaching hospital;664

       (H) A person who is supervised by a licensed veterinarian and 665
who is engaged in bona fide medical biomedical research which666
requires the application of the principles of a veterinary667

       (H) A veterinary consultant when consulting with a licensed 669
veterinarian, on the condition that the service performed by the 670
veterinary consultant is limited to the consultation and under all 671
circumstances, the responsibility for the patient remains with the 672
licensed veterinarian who is receiving the consultation;673

       (I) A person who offers gratuitous services in the case of an 674

       Sec. 4741.21.  No licensed veterinarian or any person under 676
hisa licensed veterinarian's control or employ shall do any 677
advertising which:678

       (A) Is false or misleads any person to act to histhe 679
person's detriment in the care or treatment of any animal;680

       (B) Is done with a purpose to deceive or defraud, or tends to 681
deceive or defraud, any person;682

       (C) Promotes or tends to promoteDirectly promotes the 683
business of a veterinarian through second-or third-party 684
solicitation which is contrary to good public policy as determined 685
by rule of the board;686

       (D) Violates the rules set forth by the state veterinary 687
medical licensing board in compliance with division (C)(9) of 688
section 4741.03 of the Revised Code.689

       Sec. 4741.22.  The state veterinary medical licensing board690
may refuse to issue or renew a license, limited license,691
registration, or temporary permit to or of any applicant who, and 692
may issue a reprimand to, suspend or revoke the license, limited 693
license, registration, or the temporary permit of, or impose a 694
civil penalty pursuant to this section upon any person licensed695
holding a license, limited license, or temporary permit to 696
practice veterinary medicine or any person registered as a 697
registered veterinary technician who:698

       (A) In the conduct of the person's practice does not conform 699
to the rules of the board or the standards of the profession700
governing proper, humane, sanitary, and hygienic methods to be 701
used in the care and treatment of animals;702

       (B) Uses fraud, misrepresentation, or deception in completing 703
theany application or examination conducted by the boardfor 704
licensure, or any other documentation created in the course of 705
practicing veterinary medicine;706

       (C) Is found to be physically or psychologically addicted to 707
alcohol or an illegal or controlled substance, as defined in708
section 3719.01 of the Revised Code, to such a degree as to render 709
the person unfit to practice veterinary medicine;710

       (D) Directly or indirectly employs or lends the person's 711
services to a solicitor for the purpose of obtaining patients;712

       (E) Obtains a fee on the assurance that an incurable disease 713
can be cured;714

       (F) Advertises in a manner that violates section 4741.21 of 715
the Revised Code;716

       (G) Has professional association with or lends the person's 717
name to any unlicensed person, association, or organization for 718
the purpose of obtaining patients;719

       (H) Divides fees or charges or has any arrangement to share 720
fees or charges with any other person, except on the basis of 721
services performed;722

       (I)(H) Sells any biologic containing living, dead, or723
sensitized organisms or products of those organisms, except in a724
manner that the board by rule has prescribed;725

       (J)(I) Is convicted of or pleads guilty to any felony or 726
crime involving moral turpitudeillegal or prescription drugs, or 727
fails to report to the board within sixty days of the individual's 728
conviction of, plea of guilty to, or treatment in lieu of 729
conviction involving a felony, misdemeanor of the first degree, or 730
offense involving illegal or prescription drugs;731

       (K)(J) Is convicted of any violation of section 959.13 of the732
Revised Code;733

       (L) Is convicted of a felony drug abuse offense, as defined 734
in section 2925.01 of the Revised Code;735

       (M)(K) Swears falsely in any affidavit required to be made by736
the person in the course of the practice of veterinary medicine;737

       (N)(L) Fails to report promptly to the proper official any738
known reportable disease;739

       (O)(M) Fails to report promptly vaccinations or the results740
of tests when required to do so by law or rule;741

       (P)(N) Has been adjudicated incompetent for the purpose of742
holding the license or permit by a court, as provided in section743
5122.301Chapter 2111. of the Revised Code, and has not been 744
restored to legal capacity for that purpose;745

       (Q)(O) Permits a person who is not a licensed veterinarian, a746
veterinary student extern, or a registered veterinary technician747
to engage in work or perform duties in violation of this chapter;748

       (R)(P) Is guilty of gross incompetence or gross negligence;749

       (S)(Q) Has had a license to practice veterinary medicine or a750
license, registration, or certificate to engage in activities as a 751
registered veterinary technician revoked, suspended, or acted752
against by disciplinary action by an agency similar to this board753
of another state, territory, or country or the District of754

       (T)(R) Is or has practiced with a revoked, suspended,756
inactive, expired, or terminated license or registration;757

       (U)(S) Represents self as a specialist unless certified as a 758
specialist by the board;759

       (V)(T) In the person's capacity as a veterinarian or 760
registered veterinary technician makes or files a report, health761
certificate, vaccination certificate, or other document that the 762
person knows is false or negligently or intentionally fails to 763
file a report or record required by any applicable state or 764
federal law;765

       (W)(U) Fails to use reasonable care in the administration of766
drugs, as defined in section 4729.01 of the Revised Code, or 767
acceptable scientific methods in the selection of those drugs or 768
other modalities for treatment of a disease or in conduct of 769

       (X)(V) Makes available a dangerous drug, as defined in771
section 4729.01 of the Revised Code, to any person other than for 772
the specific treatment of an animal patient;773

       (Y)(W) Refuses to permit a board investigator or the board's774
designee to inspect the person's business premises during regular 775
business hours, except as provided in division (A) of section 776
4741.26 of the Revised Code;777

       (Z)(X) Violates any order of the board or fails to comply778
with a subpoena of the board;779

       (AA)(Y) Fails to maintain medical records as required by rule780
of the board;781

       (Z) Engages in cruelty to animals;782

       (AA) Uses, prescribes, or sells any veterinary prescription 783
drug or biologic, or prescribes any extra-label use of any 784
over-the-counter drug or dangerous drug in the absence of a valid 785
veterinary-client-patient relationship.786

       Before the board may revoke, deny, refuse to renew, or787
suspend a license, registration, or temporary permit or otherwise788
discipline the holder of a license, registration, or temporary789
permit, the executive secretarydirector shall file written 790
charges with the board. The board shall conduct a hearing on the 791
charges as provided in Chapter 119. of the Revised Code.792

       If the board, after a hearing conducted pursuant to Chapter793
119. of the Revised Code, revokes, refuses to renew, or suspends a 794
license, registration, or temporary permit or otherwise795
disciplines the holder of a license, registration, or temporary796
permit for a violation of this section, section 4741.23 or797
4741.28, division (C) or (D) of section 4741.19, or division (B), 798
(C), or (D) of section 4741.21 of the Revised Code, the board may 799
impose a civil penalty upon the holder of the license, permit, or 800
registration of not less than fiftyone hundred dollars or more801
than two hundred fifty dollars for a first offense and not less802
than two hundred fifty dollars or more than one thousand dollars803
for each subsequent offense. In addition to the civil penalty and 804
any other penalties imposed pursuant to this chapter, the board 805
may assess any holder of a license, permit, or registration the 806
costs of the hearing conducted under this section if the board 807
determines that the holder has violated any provision for which 808
the board may impose a civil penalty under this section.809

       Sec. 4741.221.  (A) The state veterinary medical licensing810
board may, prior to or after a hearing conducted under section811
4741.22 of the Revised Code, and in lieu of taking or in addition812
to any action it may take under that section, refer any813
veterinarian or registered veterinarian technician:814

       (1) Who suffers from alcohol or substance abuse, to the Ohio 815
veterinary medical association special assistance committee, the 816
Ohio physicians health program, or an advocacy group approved by 817
the board, for support and assistance in the coordination of the 818
treatment of that veterinarian or technician;819

       (2) Who has violated any provision of this chapter for any820
offense for which the board normally would not seek the revocation 821
or suspension of the person's license or registration, to the Ohio 822
veterinary medical association special committee on peer review.823

       (B) To implement this section, the board shall adopt rules,824
in accordance with Chapter 119. of the Revised Code, which cover 825
the method of referral and the manner by which the board may 826
recall the referral and a requirement that the committee supply 827
the veterinarian or technician and the board with progress reports 828
on the support and assistance in the coordination of the829

       Sec. 4741.24.  (A) Except as provided in division (B) of this 831
section, any person whose license, registration, or temporary 832
permit is suspended or revoked may, at the discretion of the state 833
veterinary medical licensing board, be relicensed or reregistered 834
to practice at any time without an examination, on application 835
made to the board. The application for reinstatement shall be in 836
writing, in a form prescribed by the board, signed by the 837
applicant, and shall be delivered to the executive secretary838
director of the board.839

       (B) Any person whose license, registration, or temporary840
permit has been revoked for a violation of section 4741.18,841
4741.22, or 4741.23 or division (A), (C), or (D) of section842
4741.19, division (A) of section 4741.20, or division (B) or (D)843
of section 4741.21 of the Revised Code, shall be permanently844
barred from practicing veterinary medicine or holding a license to 845
practice veterinary medicine or holding a registration as a846
registered veterinary technician in this state for a subsequent847
violation of any of such provisions. The board shall, by certified 848
mail, notify all other state veterinary licensing boards of 849
permanent revocation actions.850

       (C) Any person whose license or temporary permit to practice 851
veterinary medicine is suspended or revoked is an unlicensed 852

       Sec. 4741.26.  (A) The state veterinary medical licensing854
board shall enforce this chapter and for that purpose shall make855
investigations relative thereto. Except as provided in this856
division, in making any inspection pursuant to this chapter, the857
board may enter and inspect, upon written notice of not less than858
five days and during normal business hours, any licensee's, permit 859
holder's, or registrant's place of business. If the board has 860
knowledge or notice, pursuant to a written complaint or any other 861
written knowledge or notice by any person as verified by the 862
signature of that person, of a violation of section 4741.18,863
4741.19, or 4741.23 of the Revised Code, it shall investigate and, 864
upon probable cause appearing, shall direct the executive865
secretarydirector to file a complaint and institute the 866
prosecution of the offender. In conducting any investigation for a 867
suspected violation of this chapter, the board or its authorized 868
agent does not have to provide any prior written notice to the 869
licensee, permit holder, or registrant as long as the board 870
provides a written authorization for the investigation and the 871
board or its authorized agent provides the licensee, permit 872
holder, or registrant with a copy of the authorization at the time 873
of the investigation. When requested by the executive secretary874
director, the prosecuting attorney of a county or the village 875
solicitor or city director of law of a municipal corporation, 876
wherein the violation occurs shall take charge of and conduct the 877
prosecution. The attorney general or histhe attorney general's878
designated assistant shall act as legal adviser to the board and 879
shall render such legal assistance as may be necessary.880

       (B) In addition to any other remedy the board may have881
pursuant to law, if the board determines that any person is882
practicing veterinary medicine without a license issued pursuant883
to this chapter or is otherwise in violation of this chapter, the884
board may, through its executive secretarydirector, apply to a 885
court having jurisdiction in the county in which the offense 886
occurred, for an injunction or restraining order to enjoin or 887
restrain the person from further violations of this chapter. The 888
attorney general shall serve as the board's legal agent in the 889

       Sec. 4741.31.  The state veterinary medical licensing board 891
shall adopt rules in accordance with Chapter 119. of the Revised 892
Code establishing standards for approving and designating 893
physicians and facilities as treatment providers for veterinarians 894
with substance abuse problems and shall approve and designate895
treatment providers in accordance with the rules. The rules shall 896
include standards for both inpatient and outpatient treatment. The 897
rules shall provide that to be approved, a treatment provider must 898
be capable of making an initial examination to determine the type 899
of treatment required for a veterinarian with substance abuse 900
problems. Subject to the rules, the board shall review and approve 901
treatment providers on a regular basis and may, at its discretion, 902
withdraw or deny approval.903

       An approved treatment provider shall:904

       (A) Report to the board the name of any veterinarian905
suffering or showing evidence of suffering impairment by reason of 906
alcohol or drug addiction as described in division (C) of section 907
4741.22 of the Revised Code who fails to comply within one week 908
with a referral for examination;909

       (B) Report to the board the name of any impaired veterinarian 910
who fails to enter treatment within forty-eight hours following 911
the provider's determination that the veterinarian needs 912

       (C) Require every veterinarian who enters treatment to agree 914
to a treatment contract establishing the terms of treatment and 915
aftercare, including any required supervision or restrictions of 916
practice during treatment or aftercare;917

       (D) Require a veterinarian to suspend practice on entering918
any required inpatient treatment;919

       (E) Report to the board any failure by an impaired920
veterinarian to comply with the terms of the treatment contract921
during inpatient or outpatient treatment or aftercare;922

       (F) Report to the board the resumption of practice of any923
impaired veterinarian before the treatment provider has made a924
clear determination that the veterinarian is capable of practicing 925
according to acceptable and prevailing standards of care;926

       (G) Require a veterinarian who resumes practice after927
completion of treatment to comply with an aftercare contract that928
meets the requirements of rules adopted by the board for approval929
of treatment providers;930

       (H) Report to the board any veterinarian who suffers a931
relapse at any time during or following aftercare.932

       Any veterinarian who enters into treatment by an approved933
treatment provider shall be deemed to have waived any934
confidentiality requirements that would otherwise prevent the935
treatment provider from making reports required under this936

       In the absence of fraud or bad faith, no professional938
association of veterinarians licensed under this chapter that939
sponsors a committee or program to provide peer assistance to940
veterinarians with substance abuse problems, no representative or941
agent of such a committee or program, and no member of the state942
veterinary medical licensing board shall be liable to any person 943
for damages in a civil action by reason of actions taken to refer 944
a veterinarian to a treatment provider designated by the board or945
actions or omissions of the provider in treating a veterinarian.946

       In the absence of fraud or bad faith, no person who reports947
to the board a veterinarian with a suspected substance abuse948
problem shall be liable to any person for damages in a civil949
action as a result of the report.950

       Section 2. That existing sections 4741.01, 4741.02, 4741.03, 951
4741.09, 4741.11, 4741.12, 4741.14, 4741.16, 4741.17, 4741.171, 952
4741.19, 4741.20, 4741.21, 4741.22, 4741.221, 4741.24, 4741.26, 953
and 4741.31 and sections 4741.13, 4741.27, and 4741.28 of the 954
Revised Code are hereby repealed.955

       Section 3. Notwithstanding section 4741.02 of the Revised 956
Code as amended by this act, terms of office of members serving on 957
the State Veterinary Medical Licensing Board on the effective date 958
of this act shall remain five years. If a current Board member has 959
served for ten years or more at the time the member's term 960
expires, that member is ineligible for reappointment. If a current 961
Board member has not served ten years or more at the time the 962
member's term expires, that member may be reappointed in 963
accordance with section 4741.02 of the Revised Code as amended by 964
this act. However, once that member's total term of service equals 965
ten years or more, that member is ineligible for reappointment. 966
Any vacancies created by current Board members shall be filled in 967
accordance with section 4741.02 of the Revised Code as amended by 968
this act.969

       As used in this section, "current Board member" means a 970
member of the State Veterinary Medical Licensing Board who is a 971
Board member on the effective date of this act.972