Section 1. That sections 4741.01, 4741.02, 4741.03, 4741.09, | 11 |
4741.11, 4741.12, 4741.14, 4741.16, 4741.17, 4741.171, 4741.19, | 12 |
4741.20, 4741.21, 4741.22, 4741.221, 4741.24, 4741.26, 4741.31, | 13 |
and 4741.99 be amended and new sections 4741.13 and 4741.28 and | 14 |
sections 4741.04, 4741.40, 4741.41, 4741.42, 4741.43, 4741.44, | 15 |
4741.45, 4741.46, and 4741.47 of the Revised Code be enacted to | 16 |
read as follows: | 17 |
(1) For hire, fee, compensation, or reward promised,
offered, | 24 |
expected, received, or accepted, either directly or
indirectly, | 25 |
diagnoses, prognoses,Diagnoses, prevents, or treats, administers | 26 |
any disease, illness, pain, deformity, defect, injury, or other | 27 |
physical, mental, or dental condition of any animal; | 28 |
(2) Administers to,
prescribes for, operates on, manipulates | 29 |
or performs any medical or surgical technique on any animal that | 30 |
has any disease, illness, pain, deformity, defect, injury, or | 31 |
other physical, mental, or dental condition or performs a surgical | 32 |
procedure on any animal; | 33 |
(3) Prescribes, applies, or dispenses any drug, medicine, | 34 |
biologic, anesthetic, or other therapeutic or diagnostic | 35 |
substance, or applies any
apparatus or appliance for any disease, | 36 |
illness, pain, deformity, defect,
injury, wound, or other | 37 |
physical, mental, or dental condition of any animal, or for the | 38 |
prevention of or to test for the presence of any disease of any | 39 |
animal, or who holds himself out as being able or legally | 40 |
authorized to act in such manner, or who holds himself out
as | 41 |
being a veterinarian involved in environmental health, public | 42 |
health, food hygiene, preventive medicine, space medicine, or | 43 |
other special areas, or who engages in the practice of embryo | 44 |
transfer; | 45 |
(D) "DirectVeterinary supervision" means instruction and | 66 |
directions
requiring the physical presence ofby a licensed | 67 |
veterinarian on the
premises or, if the veterinarian is absent | 68 |
from the premises, theby a licensed
veterinarian who is readily | 69 |
available for contact with a registered
veterinary technician or | 70 |
any otherto communicate with a person requiring supervision
by | 71 |
the veterinarian by telephone or wireless communication. | 72 |
(F) "Registered veterinary technician" means a person who
has | 77 |
received a degree in animal healthis a graduate of a veterinary | 78 |
technology from a schoolcollege
approved by the state veterinary | 79 |
medical licensing board or a
school recognized by the American | 80 |
veterinary medical association,
and who is employed by and under | 81 |
the direct supervision of a
licensed veterinarian, has | 82 |
successfully passed an examination approved by the board, and | 83 |
maintains registration eligibility status in accordance with rules | 84 |
adopted by the board. | 85 |
(G) "VeterinaryAnimal aide" means a person who is employed | 86 |
by a
licensed veterinarian and supervised by a licensed | 87 |
veterinarian
or a registered veterinary technician to perform | 88 |
duties such as
record keeping, animal restraint, and such other | 89 |
duties that the
board, by rule, establishes. In adopting the | 90 |
rules, the board
shall include rules regarding the degree of | 91 |
supervision required
for each duty. The rules shall be consistent | 92 |
with generally
accepted standards of veterinary medical practice. | 93 |
(H) "Advertising" means any manner, method, means, or | 94 |
activity by which a practicing veterinarian, hisa practicing | 95 |
veterinarian's partners, or
associates, or any information in | 96 |
reference to veterinary
science, is made known to the public | 97 |
through any use of motion
pictures, newspapers, magazines, books, | 98 |
radio, television
announcements, or any other manner, method, | 99 |
means, or activity
which commercially publicizes the professional | 100 |
image of the
veterinarian. | 101 |
Sec. 4741.02. There shall be a state veterinary medical | 130 |
licensing board consisting of seven members, who have been legal | 131 |
residents of this state for not less than five years, appointed
by | 132 |
the governor with the advice and consent of the senate, as | 133 |
follows: five members who have been licensed to practice | 134 |
veterinary medicine in this state for not less than five | 135 |
consecutive years prior to their appointment; one member who is a | 136 |
registered veterinary technician registered pursuant to this | 137 |
chapter for not less than five consecutive years prior to | 138 |
appointment; and one member who is a representative of the
public. | 139 |
Terms of office are for fivethree years, commencing on the
first | 140 |
day of
January and ending on the thirty-first day of
December, | 141 |
except
that the initial terms of office of the
registered | 142 |
veterinary
technician and the public member commence
on January 1, | 143 |
1992, with
the registered veterinary technician's
initial term of | 144 |
office
ending on December 31, 1994, and the
public member's | 145 |
initial term
of office ending on December 31,
1996. Each member | 146 |
shall hold
office from the date of the member's
appointment until | 147 |
the end of
the term for which the member was appointed. Any
member | 148 |
appointed
to fill a vacancy occurring prior to the
expiration of | 149 |
the term
for which the predecessor was appointed
shall hold office | 150 |
for the
remainder of such term. Any member
shall continue in | 151 |
office
subsequent to the expiration date of the member's
term | 152 |
until a
successor takes office, or until a period of sixty
days | 153 |
has
elapsed, whichever occurs first. No person who has been | 154 |
appointed
a member of the board shall be appointed to serve a | 155 |
second termmore than three, three-year terms
unless a period of | 156 |
fivethree years has elapsed since the
termination of
the member's | 157 |
firstthird term, provided that members initially
appointed
for | 158 |
less than a five-year term and personsa person appointed to
fill | 159 |
an
unexpired term may be appointed for onethree full termterms | 160 |
of fivethree
years each
immediately following such termsterm and | 161 |
that the total length of the member's service does not exceed ten | 162 |
years. | 163 |
No member of the board shall be the owner of any interest
in, | 164 |
or be employed by any wholesale or jobbing house dealing in | 165 |
supplies, equipment, or instruments used or useful in the
practice | 166 |
of veterinary medicine. Neither the public member nor
the | 167 |
registered veterinary technician member shall have any vested | 168 |
financial interest in the practice of veterinary medicine. For | 169 |
purposes of this section employment as a veterinary technician
for | 170 |
a veterinarian does not constitute a vested financial
interest in | 171 |
the practice of veterinary medicine. | 172 |
The governor may remove any member of the board for | 173 |
malfeasance, misfeasance, or nonfeasance after a hearing as | 174 |
provided in Chapter 119. of the Revised Code or if the license of | 175 |
a veterinary member is not renewed or has been revoked or | 176 |
suspended on
any ground set forth in section
3123.47 or 4741.22
of | 177 |
the Revised
Code or if the registration of the registered | 178 |
veterinary technician member is
revoked or suspended or is not | 179 |
renewed under section
3123.47 or 4741.19 of the Revised Code. | 180 |
Sec. 4741.03. (A) The state veterinary medical licensing | 186 |
board shall meet at least once in each calendar year and may hold | 187 |
additional meetings as often as it considers necessary to conduct | 188 |
the business of the board. The president of the board may call | 189 |
special meetings, and the executive secretarydirector shall call | 190 |
special
meetings upon the written request of three members of the | 191 |
board.
The board shall organize by electing a president and | 192 |
vice-president from its veterinarian members and such other | 193 |
officers as the board prescribes by rule. Each officer shall
serve | 194 |
for a term specified by board rule or until a successor is
elected | 195 |
and qualified. A quorum of the board consists of four
members of | 196 |
which at least three are members who are
veterinarians. The | 197 |
concurrence of four members is necessary for
the board to take any | 198 |
action. | 199 |
(B) The board may appoint a person, not one of its
members, | 200 |
to serve as its executive secretarydirector. The executive | 201 |
secretarydirector is in the unclassified service and serves at | 202 |
the
pleasure of the board. The executive secretarydirector shall | 203 |
serve as
the board's secretary-treasurer ex officio. The board may | 204 |
employ
additional employees for professional, technical, clerical, | 205 |
and
special work as it considers necessary. The executive | 206 |
secretarydirector
shall give a surety bond to the state in the | 207 |
sum the board
requires, conditioned upon the faithful performance | 208 |
of the
executive secretary'sdirector's duties. The board shall | 209 |
pay the cost of
the bond. The executive secretarydirector shall | 210 |
keep a complete
accounting of all funds received and of all | 211 |
vouchers presented by
the board to the director of budget and | 212 |
management for the
disbursement of funds. The president or | 213 |
executive secretarydirector
shall approve all vouchers of the | 214 |
board. All money
received by the
board shall be credited to the | 215 |
occupational licensing and
regulatory fund. | 216 |
(2) Hold at least oneAccept and review applications for | 220 |
admission to an examination during each calendar
year for | 221 |
applicants for a license. Thein accordance with section 4741.09 | 222 |
of the Revised Code and review the results of examinations taken | 223 |
by applicants in accordance with rules adopted by the board shall | 224 |
provide
public notice of the time and place for the examination. | 225 |
The
examination for applicants for a license to practice | 226 |
veterinary
medicine shall be either written or oral, or both, as | 227 |
determined
by the board, and may include a practical | 228 |
demonstration. The
examination may include all subjects relevant | 229 |
to veterinary
medicine the board determines appropriate, including | 230 |
public
health and jurisprudence. | 231 |
(1) Subpoena witnesses and require their attendance and | 256 |
testimony, and require the production by witnesses of books, | 257 |
papers,
public records, animal patient records, and other | 258 |
documentary
evidence and examine them, in relation to any matter | 259 |
that the
board has authority to investigate, inquire into, or | 260 |
hear.
Except for any officer or employee of the state or any | 261 |
political
subdivision of the state, the treasurer of state shall | 262 |
pay all
witnesses in any proceeding before the board, upon | 263 |
certification
from the board, witness fees in the same amount as | 264 |
provided in
section 2335.06 of the Revised Code. | 265 |
(B) The veterinarian has sufficient knowledge of the patient | 284 |
to initiate at least a general or preliminary diagnosis of the | 285 |
medical condition of the patient. In order to demonstrate that the | 286 |
veterinarian has sufficient knowledge, the veterinarian shall have | 287 |
seen the patient recently and also shall be acquainted personally | 288 |
with the keeping and care of the patient either by examining the | 289 |
patient or by making medically appropriate and timely visits to | 290 |
the premises where the patient is kept. | 291 |
Sec. 4741.09. (A) A person desiring to take ana nationally | 296 |
recognized
examination approved by the state veterinary medical | 297 |
licensing board in accordance with the rules adopted by the board | 298 |
for a license to practice veterinary medicine shall
deliver to the | 299 |
executive secretarydirector of the state veterinary
medical | 300 |
licensing board, at least forty-five days prior to the
date of the | 301 |
examination, a written application for admission to
the | 302 |
examination, together with a current photograph, satisfactory | 303 |
proof that thethat meets the requirements that the board | 304 |
establishes by rule. An applicant isshall be more than eighteen | 305 |
years of age, isbe
of good moral character, and hashave | 306 |
graduated from a veterinary
college or school approved by the | 307 |
board, verified by a certified
photostatic copy of the applicant's | 308 |
college record, including
dates in attendance, courses completed, | 309 |
grades received, and
diplomas issued, and such other reasonable | 310 |
information as the
board requires. | 311 |
(B) A student who has completed or is enrolled in good | 312 |
academic standing in the fourth academic year or in the final | 313 |
clinical year at a veterinary college approved by the board may | 314 |
apply to the executive secretarydirector to take the national | 315 |
board
examination or the clinical competency examination, or both, | 316 |
a nationally recognized examination the board approves in rule and | 317 |
any other examination the board requires by rule for a license to | 318 |
practice veterinary medicine. A student who has completed or is | 319 |
enrolled in good academic standing in the second half of the
third | 320 |
academic year at a veterinary college approved by the board
may | 321 |
apply to the executive secretary to take the national board | 322 |
portion of the examination for a license to practice veterinary | 323 |
medicine. In addition to the information required to be
submitted | 324 |
under division (A) of this section, the applicant shall
submit a | 325 |
letter from the dean or histhe dean's designee of the
veterinary | 326 |
college thatin which the applicant is a student in good academic | 327 |
standing
and that meets the requirements of this division. | 328 |
Sec. 4741.11. Whenever an applicant for a license to | 335 |
practice veterinary medicine passes the examination specified in | 336 |
division (C)(2) of section 4741.034741.09 of the Revised Code, | 337 |
and has
graduated from a veterinary college approved by the state | 338 |
veterinary medical licensing board or accredited by the American | 339 |
veterinary medical association or has been issued a certificate
on | 340 |
or after May 1, 1987, by the education commission for foreign | 341 |
veterinary graduates of the American veterinary medical | 342 |
association, and is not in violation of this chapter, the board | 343 |
shall issue a certificate of license to that effect, signed by
the | 344 |
members and bearing the seal of the board. The certificate
shall | 345 |
show that the successful applicant has qualified under the
laws of | 346 |
this state and the requirements of the board and that the | 347 |
applicant is duly licensed and qualified to practice veterinary | 348 |
medicine. | 349 |
Sec. 4741.12. The state veterinary medical licensing board | 353 |
may issue a license to practice veterinary medicine without the | 354 |
examination specified in division (C)(2) ofrequired pursuant to | 355 |
section 4741.034741.11 of
the Revised Code to an applicant from | 356 |
another state, territory,
country, or the District of Columbia who | 357 |
furnishes satisfactory
proof to the board that hethe applicant | 358 |
meets all of the
following criteria: | 359 |
(B) HeThe applicant holds a license, which is not under | 366 |
suspension,
revocation, or other disciplinary action, issued by an | 367 |
agency
similar to this board of another state, territory, country, | 368 |
or
the District of Columbia, having requirements equivalent to | 369 |
those
of this state, provided the laws of such state, territory, | 370 |
country, or district accord equal rights to the holder of a | 371 |
license to practice in this state who removes to such state, | 372 |
territory, country, or district. | 373 |
Sec. 4741.13. The state veterinary medical licensing board | 382 |
may issue a limited license to practice veterinary medicine to an | 383 |
individual whose sole professional capacity is with a veterinary | 384 |
academic institution or veterinary technology institution | 385 |
recognized by the board in accordance with rules the board adopts | 386 |
or with a government diagnostic laboratory. A person holding a | 387 |
limited license is authorized to engage in the practice of | 388 |
veterinary medicine only to the extent necessary to fulfill the | 389 |
person's employment or educational obligations as an instructor, | 390 |
researcher, diagnostician, intern, resident in a veterinary | 391 |
specialty, or graduate student. | 392 |
(C) A temporary permit issued pursuant to division (A)(2)
of | 417 |
this section only authorizes the permit holder to act as a | 418 |
veterinary
consultant or to provide veterinary medical services in | 419 |
this
state for a specific animal or animals. When using the | 420 |
services of a veterinary consultant, the responsibility for the | 421 |
care and treatment of the patient remains with the veterinarian | 422 |
who holds a current license in this state and who is providing | 423 |
treatment, or consultation as to treatment, to the patient. The | 424 |
board shall
determine by rule the specific purposes for which it | 425 |
may issue a
temporary permit and the duration of the permit, not | 426 |
to exceed
six months, under rules it adopts pursuant to Chapter | 427 |
119. of the
Revised Code. No more than two temporary permits may | 428 |
be issued
pursuant to division (A)(2) of this section to any one | 429 |
applicant.
Any subsequent applications shall be made pursuant to | 430 |
section
4741.12 of the Revised Code. | 431 |
Sec. 4741.16. (A) A license or limited license to practice | 432 |
veterinary
medicine issued by the state veterinary medical | 433 |
licensing board
pursuant to sections 4741.11 to 4741.13 of the | 434 |
Revised Code
expires biennially on the first day of March in | 435 |
even-numbered
years, and may be renewed in accordance with the | 436 |
standard renewal
procedures contained in Chapter 4745. of the | 437 |
Revised Code upon
payment of the required renewal fee and | 438 |
fulfillment of the
continuing education requirements contained in | 439 |
division (B) of
this section unless otherwise provided by law. The | 440 |
board shall
issue a duplicate certificate to any holder upon | 441 |
request and upon
due proof of loss of the original. | 442 |
(B) As a condition precedent to each renewal of a license or | 443 |
limited license,
a licensed veterinarian shall demonstrate, to the | 444 |
satisfaction of
the board, that hethe licensed veterinarian has | 445 |
completed
thirty hours of continuing
education during the two | 446 |
years immediately preceding renewal of
histhe licensed | 447 |
veterinarian's license or limited license that meets the | 448 |
requirements established by rule of
the board as to form and | 449 |
content. | 450 |
(E) Any license or limited license which is not renewed at | 461 |
the end of the
biennium becomes an inactive license or limited | 462 |
license. A licensee may reactivate
an inactive license or limited | 463 |
license upon application to the board. The board
shall prescribe | 464 |
continuing education and other requirements as it
considers | 465 |
necessary to reactivate a license or limited license. Any license | 466 |
or limited license which
has been inactive for more than four | 467 |
years expires if the
licensee has not applied for reactivation of | 468 |
the license or limited license. Upon
expiration, a license or | 469 |
limited license becomes void. | 470 |
(5) For the veterinary license or limited license biennial | 488 |
renewal fee, where the application is
postmarked no later than the | 489 |
first day of March, one hundred
fifty-five dollars; where the | 490 |
application is
postmarked
after
the first day of March, but no | 491 |
later than the first day of April,
two hundred twenty-five | 492 |
dollars;
and where the
application is
postmarked after the first | 493 |
day of April, four hundred
fifty
dollars;. Notwithstanding section | 494 |
4741.25 of the Revised Code, the board shall deposit ten dollars | 495 |
of each veterinary license or limited license biennial renewal fee | 496 |
that it collects into the state treasury to the credit of the | 497 |
veterinarian loan repayment fund created in section 4741.46 of the | 498 |
Revised Code. | 499 |
(7) For the biennial renewal registration fee of a
registered | 504 |
veterinary technician, where the application is postmarked no | 505 |
later than the first day of March, thirty-five
dollars;
where the | 506 |
application is postmarked after the first day of March, but no | 507 |
later than the first day of April, forty-five dollars;
and where | 508 |
the
application is postmarked after the first day of April,
sixty | 509 |
dollars; | 510 |
Sec. 4741.171. Any licensed veterinarian who desires to | 526 |
temporarily or
permanently retire from practice and who has given | 527 |
the state veterinary
medical
licensing board notice in writing to | 528 |
that effect may be certified by the board
as being retired, | 529 |
provided histhe licensed veterinarian's
license is in good | 530 |
standing. The board may by
rule waive the payment of the | 531 |
registration fee of a licensed veterinarian or registered | 532 |
veterinary technician
during the period when hethe licensed | 533 |
veterinarian or registered veterinary technician is on active
duty | 534 |
in connection with any
branch of
the armed forces of the United | 535 |
States. | 536 |
Sec. 4741.19. (A) Unless exempted under this chapter, no | 542 |
person shall practice veterinary medicine, or any of its
branches, | 543 |
without a license or limited license issued by the state | 544 |
veterinary medical licensing board pursuant to
sections 4741.11 to | 545 |
4741.13 of the Revised Code, a temporary
permit issued pursuant to | 546 |
section 4741.14 of the Revised Code, or
a registration certificate | 547 |
issued pursuant to division (C) of
this section, or with an | 548 |
inactive, expired, suspended,
terminated, or revoked license, | 549 |
temporary permit, or
registration. | 550 |
(C) No person shall act as a registered veterinary
technician | 562 |
unless the person is registered with the board on
a biennial basis | 563 |
and pays the biennial registration fee. A registered
veterinary | 564 |
technician registration expires biennially on the
first day of | 565 |
March in the odd-numbered years and may be renewed
in accordance | 566 |
with the standard renewal procedures contained in
Chapter 4745. of | 567 |
the Revised Code upon payment of the biennial
registration fee and | 568 |
fulfillment of ten continuing education
hours during the two years | 569 |
immediately preceding renewal for
registration. Each registered | 570 |
veterinary technician shall notify
in writing the secretary | 571 |
executive director of the board of any change in
the
registered | 572 |
veterinary technician's office address or employment within
ninety | 573 |
days after the change has taken place. | 574 |
(D) A veterinarian licensed to practice in this state
shall | 613 |
not hold oneself outpresent the person's self as or state a claim | 614 |
that the person is a specialist unless
the veterinarian has | 615 |
previously met the requirements offor certification by a | 616 |
specialty organization recognized by the American board of | 617 |
veterinary medical associationspecialties for a specialty or such | 618 |
other requirements
set by rule of the board and has paid the fee | 619 |
required by
division (A)(8) of section 4741.17 of the Revised | 620 |
Code. | 621 |
(C) A person who is a member of the armed forces of the | 650 |
United States or an employee of the United States department of | 651 |
agriculture, the United States public health service, or other | 652 |
federal agency, or the Ohio department of agriculture except a | 653 |
licensed veterinarian, and who, while so commissioned or
employed, | 654 |
performs official duties; | 655 |
(H) A veterinary consultant when consulting with a licensed | 677 |
veterinarian, on the condition that the service performed by the | 678 |
veterinary consultant is limited to the consultation and under all | 679 |
circumstances, the responsibility for the care and treatment of | 680 |
the patient remains with the veterinarian who holds a current | 681 |
license in this state and who is providing treatment, or | 682 |
consultation as to treatment, to the patient; | 683 |
Sec. 4741.22. The state veterinary medical licensing board | 700 |
may refuse to issue or renew a license, limited license, | 701 |
registration, or
temporary permit to or of any applicant who, and | 702 |
may issue a reprimand to,
suspend or revoke the license, limited | 703 |
license, registration, or the temporary
permit of, or impose a | 704 |
civil penalty pursuant to this section
upon any person licensed | 705 |
holding a license, limited license, or temporary permit to | 706 |
practice veterinary medicine or any
person registered as a | 707 |
registered veterinary technician who: | 708 |
(J)(I) Is convicted of or pleads guilty to any felony or | 736 |
crime involving moral
turpitudeillegal or prescription drugs, or | 737 |
fails to report to the board within sixty days of the individual's | 738 |
conviction of, plea of guilty to, or treatment in lieu of | 739 |
conviction involving a felony, misdemeanor of the first degree, or | 740 |
offense involving illegal or prescription drugs; | 741 |
Before the board may revoke, deny, refuse to renew, or | 797 |
suspend a license, registration, or temporary permit or otherwise | 798 |
discipline the holder of a license, registration, or temporary | 799 |
permit, the executive secretarydirector shall file written | 800 |
charges with
the board. The board shall conduct a hearing on the | 801 |
charges as
provided in Chapter 119. of the Revised Code. | 802 |
If the board, after a hearing conducted pursuant to Chapter | 803 |
119. of the Revised Code, revokes, refuses to renew, or suspends
a | 804 |
license, registration, or temporary permit or otherwise | 805 |
disciplines the holder of a license, registration, or temporary | 806 |
permit for a violation of this section, section 4741.23 or | 807 |
4741.28, division (C) or (D) of section 4741.19, or division
(B), | 808 |
(C), or (D) of section 4741.21 of the Revised Code, the
board may | 809 |
impose a civil penalty upon the holder of the license,
permit, or | 810 |
registration of not less than fiftyone hundred dollars or more | 811 |
than two hundred fifty dollars for a first offense and not less | 812 |
than two hundred fifty dollars or more than one thousand dollars | 813 |
for each subsequent offense. In addition to the civil penalty
and | 814 |
any other penalties imposed pursuant to this chapter, the
board | 815 |
may assess any holder of a license, permit, or registration
the | 816 |
costs of the hearing conducted under this section if the
board | 817 |
determines that the holder has violated any provision for
which | 818 |
the board may impose a civil penalty under this section. | 819 |
Sec. 4741.24. (A) Except as provided in division (B) of
this | 841 |
section, any person whose license, registration, or
temporary | 842 |
permit is suspended or revoked may, at the discretion
of the state | 843 |
veterinary medical licensing board, be relicensed or
reregistered | 844 |
to practice at any time without an examination, on
application | 845 |
made to the board. The application for reinstatement
shall be in | 846 |
writing, in a form prescribed by the board, signed by
the | 847 |
applicant, and shall be delivered to the executive secretary | 848 |
director
of the board. | 849 |
(B) Any person whose license, registration, or temporary | 850 |
permit has been revoked for a violation of section 4741.18, | 851 |
4741.22, or 4741.23 or division (A), (C), or (D) of section | 852 |
4741.19, division (A) of section 4741.20, or division (B) or (D) | 853 |
of section 4741.21 of the Revised Code, shall be permanently | 854 |
barred from practicing veterinary medicine or holding a license
to | 855 |
practice veterinary medicine or holding a registration as a | 856 |
registered veterinary technician in this state for a subsequent | 857 |
violation of any of such provisions. The board shall, by
certified | 858 |
mail, notify all other state veterinary licensing
boards of | 859 |
permanent revocation actions. | 860 |
Sec. 4741.26. (A) The state veterinary medical licensing | 864 |
board shall enforce this chapter and for that purpose shall make | 865 |
investigations relative thereto. Except as provided in this | 866 |
division, in making any inspection pursuant to this chapter, the | 867 |
board may enter and inspect, upon written notice of not less than | 868 |
five days and during normal business hours, any licensee's,
permit | 869 |
holder's, or registrant's place of business. If the board
has | 870 |
knowledge or notice, pursuant to a written complaint or any
other | 871 |
written knowledge or notice by any person as verified by
the | 872 |
signature of that person, of a violation of section 4741.18, | 873 |
4741.19, or 4741.23 of the Revised Code, it shall investigate
and, | 874 |
upon probable cause appearing, shall direct the executive | 875 |
secretarydirector to file a complaint and institute the | 876 |
prosecution of
the offender. In conducting any investigation for a | 877 |
suspected
violation of this chapter, the board or its authorized | 878 |
agent does
not have to provide any prior written notice to the | 879 |
licensee,
permit holder, or registrant as long as the board | 880 |
provides a
written authorization for the investigation and the | 881 |
board or its
authorized agent provides the licensee, permit | 882 |
holder, or
registrant with a copy of the authorization at the time | 883 |
of the
investigation. When requested by the executive secretary | 884 |
director, the
prosecuting attorney of a county or the village | 885 |
solicitor or city
director of law of a municipal corporation, | 886 |
wherein the violation
occurs shall take charge of and conduct the | 887 |
prosecution. The
attorney general or histhe attorney general's | 888 |
designated
assistant shall act as legal
adviser to the board and | 889 |
shall render such legal assistance as
may be necessary. | 890 |
(B) In addition to any other remedy the board may have | 891 |
pursuant to law, if the board determines that any person is | 892 |
practicing veterinary medicine without a license issued pursuant | 893 |
to this chapter or is otherwise in violation of this chapter, the | 894 |
board may, through its executive secretarydirector, apply to a | 895 |
court
having jurisdiction in the county in which the offense | 896 |
occurred,
for an injunction or restraining order to enjoin or | 897 |
restrain the
person from further violations of this chapter. The | 898 |
attorney
general shall serve as the board's legal agent in the | 899 |
action. | 900 |
(H) On determining that grounds may exist for disciplinary | 970 |
action against a veterinary facility, other than the refusal to | 971 |
issue a veterinary facility license, the executive director of the | 972 |
board shall file written charges with the board. The board | 973 |
subsequently shall conduct a hearing in accordance with Chapter | 974 |
119. of the Revised Code concerning the charges. If, at the | 975 |
conclusion of the hearing, the board determines that grounds for | 976 |
disciplinary action exist, the board shall take the appropriate | 977 |
disciplinary action. | 978 |
(I) The board shall seek the issuance, by a court having | 979 |
jurisdiction in the county in which is located a veterinary | 980 |
facility that is in violation of the licensure requirement | 981 |
established in this section, of an injunction that would require | 982 |
the unlicensed veterinary facility to be closed until an | 983 |
application for its licensure is filed. The injunction shall be in | 984 |
addition to any other penalties established by law. | 985 |
Sec. 4741.31. The state veterinary medical licensing board | 989 |
shall
adopt rules in accordance with Chapter 119. of the Revised | 990 |
Code
establishing standards for approving and designating | 991 |
physicians
and facilities as treatment providers for veterinarians | 992 |
with
substance abuse problems and shall approve and designate | 993 |
treatment providers in accordance with the rules. The rules
shall | 994 |
include standards for both inpatient and outpatient
treatment. The | 995 |
rules shall provide that to be approved, a
treatment provider must | 996 |
be capable of making an initial
examination to determine the type | 997 |
of treatment required for a
veterinarian with substance abuse | 998 |
problems. Subject to the
rules, the board shall review and approve | 999 |
treatment providers on
a regular basis and may, at its discretion, | 1000 |
withdraw or deny
approval. | 1001 |
In the absence of fraud or bad faith, no professional | 1036 |
association of veterinarians licensed under this chapter that | 1037 |
sponsors a committee or program to provide peer assistance to | 1038 |
veterinarians with substance abuse problems, no representative or | 1039 |
agent of such a committee or program, and no member of the state | 1040 |
veterinary medical licensing board shall be liable to any person | 1041 |
for
damages in a civil action by reason of actions taken to refer | 1042 |
a
veterinarian to a treatment provider designated by the board or | 1043 |
actions or omissions of the provider in treating a veterinarian. | 1044 |
Sec. 4741.41. There is hereby created the veterinarian loan | 1061 |
repayment program. Under the program, the Ohio board of regents, | 1062 |
by means of a contract entered into under section 4741.44 of the | 1063 |
Revised Code, may agree to repay all or part of the principal and | 1064 |
interest of a government or other educational loan taken out by a | 1065 |
veterinarian for the following expenses if the expenses were | 1066 |
incurred while the veterinarian was enrolled, for a maximum of | 1067 |
four years, in a veterinary college in the United States that, | 1068 |
during the time of enrollment, was approved by the state | 1069 |
veterinary medical licensing board or accredited by the American | 1070 |
veterinary medical association: | 1071 |
No repayment shall exceed twenty thousand dollars in any | 1079 |
year. If, however, a repayment results in an increase in the | 1080 |
veterinarian's federal, state, or local income tax liability, the | 1081 |
Ohio board of regents, at the veterinarian's request and with the | 1082 |
approval of the state veterinary medical licensing board, may | 1083 |
reimburse the veterinarian for the increased tax liability | 1084 |
regardless of the amount of the repayment made to the veterinarian | 1085 |
in that year. | 1086 |
Upon approval, the board shall notify and enter into | 1124 |
discussions with the applicant to facilitate the recruitment of | 1125 |
the applicant to a veterinary resource shortage area in which the | 1126 |
applicant's services are most needed. If the board and the | 1127 |
applicant agree on the applicant's placement within a veterinary | 1128 |
resource shortage area, the applicant shall prepare, sign, and | 1129 |
deliver to the board a letter of intent agreeing to that | 1130 |
placement. | 1131 |
(1) The veterinarian agrees to provide large animal | 1140 |
veterinary services or to provide veterinary services necessary to | 1141 |
implement or enforce the law or to protect public health, as | 1142 |
applicable, in a veterinary resource shortage area identified in | 1143 |
the letter of intent for at least two years or one year per ten | 1144 |
thousand dollars of repayment agreed to under division (B)(3) of | 1145 |
this section, whichever is greater. | 1146 |
(C) The contract may include any other terms agreed upon by | 1172 |
the parties, including an assignment to the Ohio board of regents | 1173 |
of the veterinarian's duty to pay the principal and interest of a | 1174 |
government or other educational loan taken by the veterinarian for | 1175 |
expenses described in section 4741.41 of the Revised Code. If the | 1176 |
Ohio board of regents assumes the veterinarian's duty to pay a | 1177 |
loan, the contract shall set forth the total amount of principal | 1178 |
and interest to be paid, an amortization schedule, and the amount | 1179 |
of each payment to be made under the schedule. | 1180 |
(D) Not later than the thirty-first day of January each year, | 1181 |
the Ohio board of regents shall mail to each veterinarian to whom | 1182 |
or on whose behalf repayment is made under section 4741.41 of the | 1183 |
Revised Code a statement showing the amount of principal and | 1184 |
interest repaid by the Ohio board of regents in the preceding year | 1185 |
pursuant to the contract. The statement shall be sent by ordinary | 1186 |
mail with address correction and forwarding requested in the | 1187 |
manner prescribed by the United States postal service. | 1188 |
Sec. 4741.46. (A) The state veterinary medical licensing | 1216 |
board may accept gifts of money from any source for the | 1217 |
implementation and administration of sections 4741.40 to 4741.45 | 1218 |
of the Revised Code. The board shall deposit all gifts so accepted | 1219 |
into the state treasury to the credit of the veterinary resource | 1220 |
shortage area fund, which is hereby created. The board shall use | 1221 |
the fund for the implementation and administration of sections | 1222 |
4741.40 to 4741.45 of the Revised Code. | 1223 |
(B) The Ohio board of regents may accept gifts of money from | 1224 |
any source for the implementation and administration of sections | 1225 |
4741.41 and 4741.44 of the Revised Code. The board shall deposit | 1226 |
all gifts so accepted together with all damages collected under | 1227 |
division (B)(4) of section 4741.44 of the Revised Code into the | 1228 |
state treasury to the credit of the veterinarian loan repayment | 1229 |
fund, which is hereby created. The fund also shall consist of the | 1230 |
portion of biennial renewal fees that is credited to the fund | 1231 |
under section 4741.17 of the Revised Code. The board shall use the | 1232 |
fund for the implementation and administration of the veterinarian | 1233 |
loan repayment program created in section 4741.41 of the Revised | 1234 |
Code. | 1235 |
Section 2. That existing sections 4741.01, 4741.02, 4741.03, | 1265 |
4741.09, 4741.11, 4741.12, 4741.14, 4741.16, 4741.17, 4741.171, | 1266 |
4741.19, 4741.20, 4741.21, 4741.22, 4741.221, 4741.24, 4741.26, | 1267 |
4741.31, and 4741.99 and sections 4741.13, 4741.27, and 4741.28 of | 1268 |
the Revised Code are hereby repealed. | 1269 |
Section 3. Notwithstanding section 4741.02 of the Revised | 1270 |
Code as amended by this act, terms of office of members serving on | 1271 |
the State Veterinary Medical Licensing Board on the effective date | 1272 |
of this act shall remain five years. If a current Board member has | 1273 |
served for ten years or more at the time the member's term | 1274 |
expires, that member is ineligible for reappointment. If a current | 1275 |
Board member has not served ten years or more at the time the | 1276 |
member's term expires, that member may be reappointed in | 1277 |
accordance with section 4741.02 of the Revised Code as amended by | 1278 |
this act. However, once that member's total term of service equals | 1279 |
ten years or more, that member is ineligible for reappointment. | 1280 |
Any vacancies created by current Board members shall be filled in | 1281 |
accordance with section 4741.02 of the Revised Code as amended by | 1282 |
this act. | 1283 |