As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 458

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

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A BILL

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

law.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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 being	15
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, administers	22
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, manipulates	25
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 other	32
physical, mental, or dental condition of any animal, or for the	33
prevention of or to test for the presence of any disease of any	34
animal, or who holds himself out as being able or legally	35
authorized to act in such manner, or who holds himself out as	36
being a veterinarian involved in environmental health, public	37
health, food hygiene, preventive medicine, space medicine, or	38
other special areas, or who engages in the practice of embryo	39
transfer;	40

(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
section;	47

(6) Represents himself the person's self, directly or	48
indirectly, publicly or privately, as engaged in the practice of	49
veterinary medicine as definedhaving the ability and willingness	50
to perform an act described in divisions (B)(1) and (2)to (4) of	51
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 readily	64
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 college	69
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 veterinary	73
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, or	89
activity by which a practicing veterinarian, hisa practicing	90
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 ovum	97
from the reproductive tract of an animal and its transfer to the	98
reproductive tract of another animal for the purpose of gestation	99
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 medical	128
licensing board consisting of seven members, who have been legal	129
residents of this state for not less than five years, appointed by	130
the governor with the advice and consent of the senate, as	131
follows: five members who have been licensed to practice	132
veterinary medicine in this state for not less than five	133
consecutive years prior to their appointment; one member who is a	134
registered veterinary technician registered pursuant to this	135
chapter for not less than five consecutive years prior to	136
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 been	152
appointed a member of the board shall be appointed to serve a	153
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 termterms	158
of fivethree years each immediately following such termsterm and	159
that the total length of the member's service does not exceed ten	160
years.	161

No member of the board shall be the owner of any interest in,	162
or be employed by any wholesale or jobbing house dealing in	163
supplies, equipment, or instruments used or useful in the practice	164
of veterinary medicine. Neither the public member nor the	165
registered veterinary technician member shall have any vested	166
financial interest in the practice of veterinary medicine. For	167
purposes of this section employment as a veterinary technician for	168
a veterinarian does not constitute a vested financial interest in	169
the practice of veterinary medicine.	170

The governor may remove any member of the board for	171
malfeasance, misfeasance, or nonfeasance after a hearing as	172
provided in Chapter 119. of the Revised Code or if the license of	173
a veterinary member is not renewed or has been revoked or	174
suspended on any ground set forth in section 3123.47 or 4741.22 of	175
the Revised Code or if the registration of the registered	176
veterinary technician member is revoked or suspended or is not	177
renewed under section 3123.47 or 4741.19 of the Revised Code.	178

Each member of the board shall receive an amount fixed	179
pursuant to division (J) of section 124.15 of the Revised Code for	180
each day, or portion thereof, the member is actually engaged in	181
the discharge of official duties, in addition to the member's	182
necessary expenses.	183

Sec. 4741.03.  (A) The state veterinary medical licensing	184
board shall meet at least once in each calendar year and may hold	185
additional meetings as often as it considers necessary to conduct	186
the business of the board. The president of the board may call	187
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 and	190
vice-president from its veterinarian members and such other	191
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
action.	197

(B) The board may appoint a person, not one of its members,	198
to serve as its executive secretarydirector. The executive	199
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 this	215
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 a	231
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, make	240
investigations relative as provided in section 4741.26 of the	241
Revised Code;	242

(7) Issue licenses and permits to persons who meet the	243
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 the	250
Revised Code, which are necessary for its government and for the	251
administration and enforcement of this chapter.	252

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

253

(1) Subpoena witnesses and require their attendance and	254
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 board	296
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, satisfactory	301
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 hashave	304
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 good	310
academic standing in the fourth academic year or in the final	311
clinical year at a veterinary college approved by the board may	312
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 and	315
any other examination the board requires by rule for a license to	316
practice veterinary medicine. A student who has completed or is	317
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 board	320
portion of the examination for a license to practice veterinary	321
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 veterinary	324
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 the	327
qualifications necessary for admission, meets the requirements of	328
this chapter, the rules of the board, and is not in violation of	329
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 to	333
practice veterinary medicine passes the examination specified in	334
division (C)(2) of section 4741.034741.09 of the Revised Code,	335
and has graduated from a veterinary college approved by the state	336
veterinary medical licensing board or accredited by the American	337
veterinary medical association or has been issued a certificate on	338
or after May 1, 1987, by the education commission for foreign	339
veterinary graduates of the American veterinary medical	340
association, and is not in violation of this chapter, the board	341
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 the	345
applicant is duly licensed and qualified to practice veterinary	346
medicine.	347

Upon request, the board shall furnish to an applicant for a	348
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 board	351
may issue a license to practice veterinary medicine without the	352
examination specified in division (C)(2) ofrequired pursuant to	353
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 applicant	356
meets all of the following criteria:	357

(A) HeThe applicant is a graduate of a veterinary college	358
accredited by the American veterinary medical association or holds	359
a certificate issued, on or after May 1, 1987, by the education	360
commission for foreign veterinary graduates of the American	361
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 under	364
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 a	369
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 act	374
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 and	377
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 licensing	395
board may issue, without the examination specified in division	396
(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 in	404
good standing from another state, territory, or the District of	405
Columbia, provided that a veterinarian who holds a current license	406
in this state applies for the temporary permit for the	407
veterinarian.	408

(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
examination.	414

(C) A temporary permit issued pursuant to division (A)(2) of	415
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 the	445
requirements established by rule of the board as to form and	446
content.	447

(C) The board may waive the requirement of division (B) of	448
this section if the licensee submits an affidavit evidencing that	449
the licensee was prevented from attending an approved educational	450
program during a year because of the occurrence of an unusual and	451
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 board	455
under division (C) of this section, are cumulative on the	456
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 any	468
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 of	481
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 registered	496
veterinary technician, where the application is postmarked no	497
later than the first day of March, thirty-five dollars; where the	498
application is postmarked after the first day of March, but no	499
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
dollars;	502

(8) For a specialist certificate, fifty dollars. The	503
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, which	508
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 controlling	511
board, may establish fees in excess of the amounts provided in	512
this section, provided that the fees do not exceed the amounts	513
permitted by this section by more than fifty per cent.	514

(C) For the purposes of divisions (A)(5) and (7) of this	515
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
States.	528

Each veterinarian licensed by the board, whether a resident	529
or not, shall notify, in writing, the secretaryexecutive director	530
of the board of any change in histhe licensed veterinarian's	531
office address or employment within ninety days after the change	532
has taken place.	533

Sec. 4741.19.  (A) Unless exempted under this chapter, no	534
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 of	548
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 secretary	563
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 the	567
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 to	572
medically recognized and appropriate methods;	573

(3)(b) Collect or supervise the collection of specimens and	574
perform laboratory procedures as required by the supervising	575
veterinarian;	576

(4)(c) Apply wound dressings, casts, or splints as required	577
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 the	584
supervising veterinarian;	585

(9)(g) Other ancillary veterinary technician functions that	586
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
rule.	590

(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
these;	597

(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 of	609
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
Code.	613

(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 college	639
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 the	642
United States or an employee of the United States department of	643
agriculture, the United States public health service, or other	644
federal agency, or the Ohio department of agriculture except a	645
licensed veterinarian, and who, while so commissioned or employed,	646
performs official duties;	647

(D) A person who advises with respect to or performs acts	648
which the state veterinary medical licensing board by rule has	649
prescribed as accepted management practices in connection with	650
livestock production;	651

(E) A person who conducts routine vaccinations, pullorum	652
testing, and typhoid testing of poultry and other poultry disease	653
control activity under supervision of a national poultry	654
improvement plan as administered by an official state agency or	655
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 which	666
requires the application of the principles of a veterinary	667
practice;	668

(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
emergency.	675

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 board	690
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 licensed	695
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 profession	700
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 in	708
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, or	723
sensitized organisms or products of those organisms, except in a	724
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 the	732
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 by	736
the person in the course of the practice of veterinary medicine;	737

(N)(L) Fails to report promptly to the proper official any	738
known reportable disease;	739

(O)(M) Fails to report promptly vaccinations or the results	740
of tests when required to do so by law or rule;	741

(P)(N) Has been adjudicated incompetent for the purpose of	742
holding the license or permit by a court, as provided in section	743
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, a	746
veterinary student extern, or a registered veterinary technician	747
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 a	750
license, registration, or certificate to engage in activities as a	751
registered veterinary technician revoked, suspended, or acted	752
against by disciplinary action by an agency similar to this board	753
of another state, territory, or country or the District of	754
Columbia;	755

(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, health	761
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 of	766
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
surgery;	770

(X)(V) Makes available a dangerous drug, as defined in	771
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's	774
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 comply	778
with a subpoena of the board;	779

(AA)(Y) Fails to maintain medical records as required by rule	780
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, or	787
suspend a license, registration, or temporary permit or otherwise	788
discipline the holder of a license, registration, or temporary	789
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 Chapter	793
119. of the Revised Code, revokes, refuses to renew, or suspends a	794
license, registration, or temporary permit or otherwise	795
disciplines the holder of a license, registration, or temporary	796
permit for a violation of this section, section 4741.23 or	797
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 more	801
than two hundred fifty dollars for a first offense and not less	802
than two hundred fifty dollars or more than one thousand dollars	803
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 licensing	810
board may, prior to or after a hearing conducted under section	811
4741.22 of the Revised Code, and in lieu of taking or in addition	812
to any action it may take under that section, refer any	813
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 any	820
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 the	829
treatment.	830

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 secretary	838
director of the board.	839

(B) Any person whose license, registration, or temporary	840
permit has been revoked for a violation of section 4741.18,	841
4741.22, or 4741.23 or division (A), (C), or (D) of section	842
4741.19, division (A) of section 4741.20, or division (B) or (D)	843
of section 4741.21 of the Revised Code, shall be permanently	844
barred from practicing veterinary medicine or holding a license to	845
practice veterinary medicine or holding a registration as a	846
registered veterinary technician in this state for a subsequent	847
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
person.	853

Sec. 4741.26.  (A) The state veterinary medical licensing	854
board shall enforce this chapter and for that purpose shall make	855
investigations relative thereto. Except as provided in this	856
division, in making any inspection pursuant to this chapter, the	857
board may enter and inspect, upon written notice of not less than	858
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 executive	865
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 secretary	874
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's	878
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 have	881
pursuant to law, if the board determines that any person is	882
practicing veterinary medicine without a license issued pursuant	883
to this chapter or is otherwise in violation of this chapter, the	884
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
action.	890

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 designate	895
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 veterinarian	905
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
treatment;	913

(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 entering	918
any required inpatient treatment;	919

(E) Report to the board any failure by an impaired	920
veterinarian to comply with the terms of the treatment contract	921
during inpatient or outpatient treatment or aftercare;	922

(F) Report to the board the resumption of practice of any	923
impaired veterinarian before the treatment provider has made a	924
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 after	927
completion of treatment to comply with an aftercare contract that	928
meets the requirements of rules adopted by the board for approval	929
of treatment providers;	930

(H) Report to the board any veterinarian who suffers a	931
relapse at any time during or following aftercare.	932

Any veterinarian who enters into treatment by an approved	933
treatment provider shall be deemed to have waived any	934
confidentiality requirements that would otherwise prevent the	935
treatment provider from making reports required under this	936
section.	937

In the absence of fraud or bad faith, no professional	938
association of veterinarians licensed under this chapter that	939
sponsors a committee or program to provide peer assistance to	940
veterinarians with substance abuse problems, no representative or	941
agent of such a committee or program, and no member of the state	942
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 or	945
actions or omissions of the provider in treating a veterinarian.	946

In the absence of fraud or bad faith, no person who reports	947
to the board a veterinarian with a suspected substance abuse	948
problem shall be liable to any person for damages in a civil	949
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