As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 458

Representatives Core, Webster, McGregor, J., Fessler, Setzer, Reinhard, Seitz, Hartnett, Reidelbach, Aslanides, Gibbs, Dolan, Schlichter, Distel, Domenick, Sayre, Widener, Cassell, Barrett, Blessing, Brown, Buehrer, Calvert, Coley, Collier, Combs, Daniels, DeBose, Evans, C., Faber, Flowers, Hughes, Law, Otterman, Schaffer, Skindell, Smith, G., Uecker, Wagoner, Williams, Yates 

Senators Mumper, Niehaus, Kearney 

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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, 4741.31, and 4741.99,

4

to enact new sections 4741.13 and 4741.28 and

5

sections 4741.04, 4741.15, and 4741.40 to 4741.47,

6

and to repeal sections 4741.13, 4741.27, and

7

4741.28 of the Revised Code to revise the

8

veterinary practice law and to create the

9

Veterinarian Loan Repayment Program.

10

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

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, 4741.15, 4741.40, 4741.41, 4741.42, 4741.43,	15
4741.44, 4741.45, 4741.46, and 4741.47 of the Revised Code be	16
enacted to read as follows:	17

Sec. 4741.01.  As used in this chapter:

18

(A) "Animal" means any animal other than mana human being	19
and includes fowl, birds, fish, and reptiles, wild or domestic,	20
living or dead.	21

(B) The "practice of veterinary medicine" means the practice	22
of any person who performs any of the following actions:	23

(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

(2) Practices dentistry or surgery on any animal;

46

(3)(4) Uses complementary, alternative, and integrative	47
therapies on animals;	48

(5) Renders professional advice or recommendation by any	49
means, including telephonic or other electronic communication with	50
regard to any activity described in divisions (B)(1) to (4) of	51
this section;	52

(6) Represents himself the person's self, directly or	53
indirectly, publicly or privately, as engaged in the practice of	54
veterinary medicine as definedhaving the ability and willingness	55
to perform an act described in divisions (B)(1) and (2)to (4) of	56
this section;	57

(4)(7) Uses any words, letters, abbreviations, or titles in	58
such connection and under such circumstances as to induce the	59
belief that the person using them is engaged in the practice of	60
veterinary medicine.	61

(C) "Specialist" means a personlicensed veterinarian who is	62
certified by a veterinary specialty board of a professional	63
veterinary association recognized by rule of the state veterinary	64
medical licensing board.	65

(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

(E) "Veterinary student extern" means a student enrolled in a	73
college of veterinary medicine or a veterinary technology college	74
approved by the board and who is employed byworking with a	75
licensed veterinarian.	76

(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

(I) "Embryo transfer" means the removal of an embryo ovum	102
from the reproductive tract of an animal and its transfer to the	103
reproductive tract of another animal for the purpose of gestation	104
and birth.	105

(J) "ConsultantVeterinary consultant" means a veterinarian	106
who is not licensed in this state and who provides advice and	107
counsel to a requesting veterinarian licensed in this state in	108
regard to the treatment, diagnosis, or health care of an animal or	109
animals in a specific case.	110

(K) "Direct veterinary supervision" means a licensed	111
veterinarian is in the immediate area and within audible range,	112
visual range, or both, of a patient and the person administering	113
to the patient.	114

(L) "Allied medical support" means a licensed dentist,	115
physician, chiropractor, or physical therapist who is in good	116
standing as determined under Chapter 4715., 4731., 4734., or 4755.	117
of the Revised Code, as applicable.	118

(M) "Veterinary-client-patient-relationship" means a	119
relationship that meets the requirements of section 4741.04 of the	120
Revised Code.	121

(N) "Licensed veterinarian" means a person licensed by the	122
board to practice veterinary medicine.	123

(O) "Client" means the patient's owner, owner's agent, or	124
other person responsible for the patient.	125

(P) "Veterinary technology" means the science and art of	126
providing professional support to veterinarians.	127

(Q) "Patient" means an animal that is examined or treated by	128
a licensed veterinarian.	129

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

Each member of the board shall receive an amount fixed	181
pursuant to division (J) of section 124.15 of the Revised Code for	182
each day, or portion thereof, the member is actually engaged in	183
the discharge of official duties, in addition to the member's	184
necessary expenses.	185

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

(C) In addition to any other duty required under this	217
chapter, the board shall do all of the following:	218

(1) Prescribe a seal;

219

(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

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

232

(4) Maintain a register that records all applicants for a	233
certificate of license or a temporary permit, all persons who have	234
been denied a license or permit, all persons who have been granted	235
or reissued a license or permit, and all persons whose license or	236
permit has been revoked or suspended. The register shall also	237
include a record of persons licensed prior to October 17, 1975.	238

(5) Maintain a register, in such form as the board determines	239
by rule, of all colleges and universities that teach veterinary	240
medicine and veterinary technology that are approved by the board;	241

(6) Enforce this chapter, and for that purpose, make	242
investigations relative as provided in section 4741.26 of the	243
Revised Code;	244

(7) Issue licenses and permits to persons who meet the	245
qualifications set forth in this chapter;	246

(8) Approve colleges and universities which meet the board's	247
requirements for veterinary medicine and associated fields of	248
study and withdraw or deny, after an adjudication conducted in	249
accordance with Chapter 119. of the Revised Code, approval from	250
colleges and universities which fail to meet those requirements;	251

(9) Adopt rules, in accordance with Chapter 119. of the	252
Revised Code, which are necessary for its government and for the	253
administration and enforcement of this chapter.	254

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

255

(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

(2) Examine and inspect books, papers, public records, animal	266
patient records, and other documentary evidence at the location	267
where the books, papers, records, and other evidence are normally	268
stored or maintained.	269

(E) All registers, books, and records kept by the board are	270
the property of the board and are open for public examination and	271
inspection at all reasonable times in accordance with section	272
149.43 of the Revised Code. The registers, books, and records are	273
prima-facie evidence of the matters contained in them.	274

Sec. 4741.04. A veterinary-client-patient relationship serves	275
as the basis for interaction between veterinarians, their clients,	276
and their patients. A veterinary-client-patient relationship	277
exists when all of the following conditions have been met:	278

(A) A veterinarian assumes responsibility for making clinical	279
judgments regarding the health of a patient and the need for	280
medical treatment, medical services, or both for the patient, and	281
the client has agreed to follow the veterinarian's instructions	282
regarding the patient.	283

(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

(C) The veterinarian is readily available for a follow-up	292
evaluation, or has arranged for emergency coverage, in the event	293
the patient suffers adverse reactions to the treatment regimen or	294
the treatment regimen fails.	295

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

(C) If the board finds that the applicant possesses the	329
qualifications necessary for admission, meets the requirements of	330
this chapter, the rules of the board, and is not in violation of	331
this chapter or any other applicable provision of the Revised Code	332
which would preclude acceptance by the board, the board shall	333
admit the applicant to the examination.	334

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

Upon request, the board shall furnish to an applicant for a	350
license who fails to pass the examination a written report showing	351
reasons for histhe applicant's failure in the examination.	352

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

(A) HeThe applicant is a graduate of a veterinary college	360
accredited by the American veterinary medical association or holds	361
a certificate issued, on or after May 1, 1987, by the education	362
commission for foreign veterinary graduates of the American	363
veterinary medical association or issued by any other nationally	364
recognized certification program the board approves by rule.	365

(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

(C) HeThe applicant is of good moral character, as	374
determined by the board.	375

(D) HeThe applicant is not under investigation for an act	376
which would constitute a violation of this chapter that would	377
require the revocation of or refusal to renew a license.	378

(E) HeThe applicant has a thorough knowledge of the laws and	379
rules governing the practice of veterinary medicine in this state,	380
as determined by the board.	381

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

The board may issue a limited license to an applicant who	393
submits a completed application on a form prescribed by the board,	394
pays the applicable fee prescribed in section 4741.17 of the	395
Revised Code, and meets the criteria established by the board.	396

Sec. 4741.14. (A) The state veterinary medical licensing	397
board may issue, without the examination specified in division	398
(C)(2) ofrequired pursuant to section 4741.034741.11 of the	399
Revised Code, a temporary permit to practice veterinary medicine	400
to either of the following:	401

(1) An applicant for admission to the examination, provided	402
the applicant meets all conditions and requirements of section	403
4741.09 of the Revised Code;	404

(2) Aa veterinarian holding a license which is not revoked,	405
suspended, expired, or under any restrictions and is otherwise in	406
good standing from another state, territory, or the District of	407
Columbia, provided that a veterinarian who holds a current license	408
in this state applies for the temporary permit for the	409
veterinarian.	410

(B) A temporary permit issued pursuant to division (A)(1) of	411
this section expires on the day following the announcement of the	412
grades of the first examination given after the temporary permit	413
is issued. No applicant shall receive a second temporary permit	414
under division (A)(1) of this section after he has failed the	415
examination.	416

(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. 4741.15. (A) A person who has done both of the following	432
may submit an application to the state veterinary medical	433
licensing board for a provisional veterinary graduate license:	434

(1) Graduated from a veterinary college approved by the	435
board;	436

(2) Applied for and is waiting to take a nationally	437
recognized examination approved by the board for a license to	438
practice veterinary medicine.	439

The application shall be on a form that the board prescribes	440
and shall contain any information that the board requires together	441
with a letter or letters of recommendation from a licensed	442
veterinarian or veterinarians who will be directly supervising and	443
responsible for the applicant as provided in division (C) of this	444
section. The applicant shall include with the application the fee	445
established in section 4741.17 of the Revised Code.	446

(B) The board may issue a provisional veterinary graduate	447
license to an applicant who has satisfied the requirements	448
established in division (A) of this section. A provisional	449
veterinary graduate license is valid for six months following the	450
date of its issuance and is not renewable.	451

(C) A person who holds a provisional veterinary graduate	452
license may perform or assist in medical treatments, diagnosis,	453
and surgery on a patient only under the direct veterinary	454
supervision of the veterinarian or veterinarians who provided the	455
letter or letters of recommendation accompanying the person's	456
application under division (A) of this section and may engage in	457
other duties related to the practice of veterinary medicine only	458
under veterinary supervision.	459

(D) No person who holds a provisional veterinary graduate	460
license shall be represented, explicitly or implicitly, as being a	461
licensed veterinarian.	462

(E) The board may revoke a provisional veterinary graduate	463
license if the person who holds the license violates division (C)	464
or (D) of this section.	465

Sec. 4741.16.  (A) A license to practice veterinary medicine	466
issued by the state veterinary medical licensing board pursuant to	467
sections 4741.11 to 4741.13 of the Revised Code expires biennially	468
on the first day of March in even-numbered years, and. A limited	469
license to practice veterinary medicine issued by the board	470
pursuant to those sections expires biennially on the first day of	471
July. A license or limited license may be renewed in accordance	472
with the standard renewal procedures contained in Chapter 4745. of	473
the Revised Code upon payment of the required renewal fee and	474
fulfillment of the continuing education requirements contained in	475
division (B) of this section unless otherwise provided by law. The	476
board shall issue a duplicate certificate to any holder upon	477
request and upon due proof of loss of the original.	478

(B) As a condition precedent to each renewal of a license or	479
limited license, a licensed veterinarian shall demonstrate, to the	480
satisfaction of the board, that hethe licensed veterinarian has	481
completed thirty hours of continuing education during the two	482
years immediately preceding renewal of histhe licensed	483
veterinarian's license or limited license that meets the	484
requirements established by rule of the board as to form and	485
content.	486

(C) The board may waive the requirement of division (B) of	487
this section if the licensee submits an affidavit evidencing that	488
the licensee was prevented from attending an approved educational	489
program during a year because of the occurrence of an unusual and	490
prolonged emergency, provided the licensee otherwise complies with	491
such requirements as the board determines.	492

(D) Educational program requirements not completed during the	493
biennial license period, due to a waiver granted by the board	494
under division (C) of this section, are cumulative on the	495
requirements for the succeeding biennial license period.	496

(E) Any license or limited license which is not renewed at	497
the end of the biennium becomes an inactive license or limited	498
license. A licensee may reactivate an inactive license or limited	499
license upon application to the board. The board shall prescribe	500
continuing education and other requirements as it considers	501
necessary to reactivate a license or limited license. Any license	502
or limited license which has been inactive for more than four	503
years expires if the licensee has not applied for reactivation of	504
the license or limited license. Upon expiration, a license or	505
limited license becomes void.	506

(F) Division (E) of this section does not apply to any	507
veterinarian who serves solely in a professional capacity with any	508
federal, state, or local government agency or with any branch of	509
the armed forces of the United States.	510

Sec. 4741.17.  (A) Applicants or registrants shall pay to the	511
state veterinary medical licensing board:	512

(1) For an initial veterinary license based on examination,	513
on or after the first day of March in an even-numbered year, three	514
hundred seventy-five dollars, and on or after the first day of	515
March in an odd-numbered year, two hundred fifty dollars;	516

(2) For an initial limited license to practice veterinary	517
medicine for an intern, resident in a veterinary specialty, or	518
graduate student, thirty-five dollars;	519

(3) For an initial limited license to practice veterinary	520
medicine for an instructor, researcher, or diagnostician, one	521
hundred fifty-five dollars;	522

(4) For a veterinary license by reciprocity issued on or	523
after the first day of March in an even-numbered year, four	524
hundred twenty-five dollars, and on or after the first day of	525
March in an odd-numbered year, three hundred dollars;	526

(3)(5) For a veterinary temporary permit, one hundred	527
dollars;	528

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

529

(5)(7) For the veterinary license biennial renewal fee, where	530
the application is postmarked no later than the first day of	531
March, one hundred fifty-five dollars; where the application is	532
postmarked after the first day of March, but no later than the	533
first day of April, two hundred twenty-five dollars; and where the	534
application is postmarked after the first day of April, four	535
hundred fifty dollars;. Notwithstanding section 4741.25 of the	536
Revised Code, the board shall deposit ten dollars of each	537
veterinary license biennial renewal fee that it collects into the	538
state treasury to the credit of the veterinarian loan repayment	539
fund created in section 4741.46 of the Revised Code.	540

(6)(8) For the limited license to practice veterinary	541
medicine biennial renewal fee, where the application is postmarked	542
not later than the first day of July, one hundred fifty-five	543
dollars; where the application is postmarked after the first day	544
of July, but not later than the first day of August, two hundred	545
twenty-five dollars; and where the application is postmarked after	546
the first day of August, four hundred fifty dollars.	547
Notwithstanding section 4741.25 of the Revised Code, the board	548
shall deposit ten dollars of each limited license biennial renewal	549
fee that it collects from instructors, researchers, and	550
diagnosticians into the state treasury to the credit of the	551
veterinarian loan repayment fund.	552

(9) For an initial registered veterinary technician	553
registration fee on or after the first day of March in an	554
odd-numbered year, thirty-five dollars, and on or after the first	555
day of March in an even-numbered year, twenty-five dollars;	556

(7)(10) For the biennial renewal registration fee of a	557
registered veterinary technician, where the application is	558
postmarked no later than the first day of March, thirty-five	559
dollars; where the application is postmarked after the first day	560
of March, but no later than the first day of April, forty-five	561
dollars; and where the application is postmarked after the first	562
day of April, sixty dollars;	563

(8)(11) For a specialist certificate, fifty dollars. The	564
certificate is not subject to renewal.	565

(9)(12) For the reinstatement of a suspended license, or for	566
reinstatement of a license that has lapsed more than one year, an	567
additional fee of seventy-five dollars;	568

(10)(13) For examinations offered by the board, a fee, which	569
shall be established by the board, in an amount adequate to cover	570
the expense of procuring, administering, and scoring examinations;	571

(14) For a provisional veterinary graduate license, one	572
hundred dollars.	573

(B) The board, subject to the approval of the controlling	574
board, may establish fees in excess of the amounts provided in	575
this section, provided that the fees do not exceed the amounts	576
permitted by this section by more than fifty per cent.	577

(C) For the purposes of divisions (A)(5)(7), (8), and (7)(10)	578
of this section, a date stamp of the office of the board may serve	579
in lieu of a postmark.	580

Sec. 4741.171.  Any licensed veterinarian who desires to	581
temporarily or permanently retire from practice and who has given	582
the state veterinary medical licensing board notice in writing to	583
that effect may be certified by the board as being retired,	584
provided histhe licensed veterinarian's license is in good	585
standing. The board may by rule waive the payment of the	586
registration fee of a licensed veterinarian or registered	587
veterinary technician during the period when hethe licensed	588
veterinarian or registered veterinary technician is on active duty	589
in connection with any branch of the armed forces of the United	590
States.	591

Each veterinarian licensed by the board, whether a resident	592
or not, shall notify, in writing, the secretaryexecutive director	593
of the board of any change in histhe licensed veterinarian's	594
office address or employment within ninety days after the change	595
has taken place.	596

Sec. 4741.19.  (A) Unless exempted under this chapter, no	597
person shall practice veterinary medicine, or any of its branches,	598
without a license or limited license issued by the state	599
veterinary medical licensing board pursuant to sections 4741.11 to	600
4741.13 of the Revised Code, a temporary permit issued pursuant to	601
section 4741.14 of the Revised Code, or a registration certificate	602
issued pursuant to division (C) of this section, or with an	603
inactive, expired, suspended, terminated, or revoked license,	604
temporary permit, or registration.	605

(B) No veterinary student extern shall:

606

(1) Perform or assist surgery unless under the direct	607
veterinary supervision of a licensed veterinarian and unless the	608
externstudent has had the minimum education and experience	609
prescribed by rule of the board;	610

(2) Engage in any other work related to the practice of	611
veterinary medicine unless under the directveterinary supervision	612
of a licensed veterinarian;	613

(3) Participate in the operation of a branch office, clinic,	614
or allied establishment unless a licensed veterinarian is present	615
on the establishment premises.	616

(C) No person shall act as a registered veterinary technician	617
unless the person is registered with the board on a biennial basis	618
and pays the biennial registration fee. A registered veterinary	619
technician registration expires biennially on the first day of	620
March in the odd-numbered years and may be renewed in accordance	621
with the standard renewal procedures contained in Chapter 4745. of	622
the Revised Code upon payment of the biennial registration fee and	623
fulfillment of ten continuing education hours during the two years	624
immediately preceding renewal for registration. Each registered	625
veterinary technician shall notify in writing the secretary	626
executive director of the board of any change in the registered	627
veterinary technician's office address or employment within ninety	628
days after the change has taken place.	629

(1) A registered veterinary technician operating under the	630
veterinary supervision of a licensed veterinarian may perform the	631
following duties:	632

(1)(a) Prepare or supervise the preparation of patients,	633
instruments, equipment, and medications for surgery;	634

(2) Induce and monitor general anesthesia according to	635
medically recognized and appropriate methods;	636

(3)(b) Collect or supervise the collection of specimens and	637
perform laboratory procedures as required by the supervising	638
veterinarian;	639

(4)(c) Apply wound dressings, casts, or splints as required	640
by the supervising veterinarian;	641

(5)(d) Assist a veterinarian in immunologic, diagnostic,	642
medical, and surgical procedures;	643

(6)(e) Suture skin incisions;

644

(7) Dental prophylaxis;

645

(8)(f) Administer or supervise the administration of topical,	646
oral, or parenteral medication under the direction of the	647
supervising veterinarian;	648

(9)(g) Other ancillary veterinary technician functions that	649
are performed pursuant to the order and control and under the full	650
responsibility of a licensed veterinarian.	651

(h) Any additional duties as established by the board in	652
rule.	653

(2) A registered veterinary technician operating under direct	654
veterinary supervision may perform all of the following:	655

(a) Induce and monitor general anesthesia according to	656
medically recognized and appropriate methods;	657

(b) Dental prophylaxis, periodontal care, and extraction not	658
involving sectioning of teeth or resection of bone or both of	659
these;	660

(c) Equine dental procedures, including the floating of	661
molars, premolars, and canine teeth; removal of deciduous teeth;	662
and the extraction of first premolars or wolf teeth.	663

The degree of supervision by a licensed veterinarian over the	664
functions performed by the registered veterinary technician shall	665
be consistent with the standards of generally accepted veterinary	666
medical practices.	667

(D) A veterinarian licensed to practice in this state shall	668
not hold oneself outpresent the person's self as or state a claim	669
that the person is a specialist unless the veterinarian has	670
previously met the requirements offor certification by a	671
specialty organization recognized by the American board of	672
veterinary medical associationspecialties for a specialty or such	673
other requirements set by rule of the board and has paid the fee	674
required by division (A)(8)(11) of section 4741.17 of the Revised	675
Code.	676

(E) Notwithstanding division (A) of this section, any animal	677
owner or the owner's designee may engage in the practice of embryo	678
transfer on the owner's animal if a licensed veterinarian directly	679
supervises the owner or the owner's designee and the means used to	680
perform the embryo transfer are nonsurgical.	681

(F) Allied medical support may assist a licensed veterinarian	682
to the extent to which the law that governs the individual	683
providing the support permits, if all of the following apply:	684

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

685

(2) The individual acts under direct veterinary supervision.

686

(3) The allied medical support individual receives informed,	687
written, client consent.	688

(4) The veterinarian maintains responsibility for the patient	689
and keeps the patient's medical records.	690

The board may inspect the facilities of an allied medical	691
support individual in connection with an investigation based on a	692
complaint received in accordance with section 4741.26 of the	693
Revised Code involving that individual.	694

Sec. 4741.20.  This chapter does not apply to:

695

(A) A person who administers to animals, the title to which	696
is vested in himselfthe person's self, except when the title is	697
so vested for the purpose of circumventing the provisions of this	698
chapter. No person shall vest title of an animal in himselfthe	699
person's self for the purposes of circumventing this chapter.	700

(B) A person who is a regular student in a legally chartered	701
college of veterinary medicine or a veterinary technology college	702
while in the performance of those duties and actions assigned by	703
histhe person's instructors;	704

(C) A person who is a member of the armed forces of the	705
United States or an employee of the United States department of	706
agriculture, the United States public health service, or other	707
federal agency, or the Ohio department of agriculture except a	708
licensed veterinarian, and who, while so commissioned or employed,	709
performs official duties;	710

(D) A person who advises with respect to or performs acts	711
which the state veterinary medical licensing board by rule has	712
prescribed as accepted management practices in connection with	713
livestock production;	714

(E) A person who conducts routine vaccinations, pullorum	715
testing, and typhoid testing of poultry and other poultry disease	716
control activity under supervision of a national poultry	717
improvement plan as administered by an official state agency or	718
the United States department of agriculture;	719

(F) A physician licensed to practice medicine in this state,	720
or histhe assistant of such a licensed physician, while engaged	721
in medical research;	722

(G) A member of the faculty of an American veterinary medical	723
association accredited college of veterinary medicine, provided	724
that such member is a veterinarian and only is practicing in	725
conjunction with teaching duties at the school or college or in	726
its main teaching hospital;	727

(H) A person who is supervised by a licensed veterinarian and	728
who is engaged in bona fide medical biomedical research which	729
requires the application of the principles of a veterinary	730
practice;	731

(H) A veterinary consultant when consulting with a licensed	732
veterinarian, on the condition that the service performed by the	733
veterinary consultant is limited to the consultation and under all	734
circumstances, the responsibility for the care and treatment of	735
the patient remains with the veterinarian who holds a current	736
license in this state and who is providing treatment, or	737
consultation as to treatment, to the patient;	738

(I) A person who offers gratuitous services in the case of an	739
emergency.	740

Sec. 4741.21.  No licensed veterinarian or any person under	741
hisa licensed veterinarian's control or employ shall do any	742
advertising which:	743

(A) Is false or misleads any person to act to histhe	744
person's detriment in the care or treatment of any animal;	745

(B) Is done with a purpose to deceive or defraud, or tends to	746
deceive or defraud, any person;	747

(C) Promotes or tends to promoteDirectly promotes the	748
business of a veterinarian through second-or third-party	749
solicitation which is contrary to good public policy as determined	750
by rule of the board;	751

(D) Violates the rules set forth by the state veterinary	752
medical licensing board in compliance with division (C)(9) of	753
section 4741.03 of the Revised Code.	754

Sec. 4741.22.  The state veterinary medical licensing board	755
may refuse to issue or renew a license, limited license,	756
registration, or temporary permit to or of any applicant who, and	757
may issue a reprimand to, suspend or revoke the license, limited	758
license, registration, or the temporary permit of, or impose a	759
civil penalty pursuant to this section upon any person licensed	760
holding a license, limited license, or temporary permit to	761
practice veterinary medicine or any person registered as a	762
registered veterinary technician who:	763

(A) In the conduct of the person's practice does not conform	764
to the rules of the board or the standards of the profession	765
governing proper, humane, sanitary, and hygienic methods to be	766
used in the care and treatment of animals;	767

(B) Uses fraud, misrepresentation, or deception in completing	768
theany application or examination conducted by the boardfor	769
licensure, or any other documentation created in the course of	770
practicing veterinary medicine;	771

(C) Is found to be physically or psychologically addicted to	772
alcohol or an illegal or controlled substance, as defined in	773
section 3719.01 of the Revised Code, to such a degree as to render	774
the person unfit to practice veterinary medicine;	775

(D) Directly or indirectly employs or lends the person's	776
services to a solicitor for the purpose of obtaining patients;	777

(E) Obtains a fee on the assurance that an incurable disease	778
can be cured;	779

(F) Advertises in a manner that violates section 4741.21 of	780
the Revised Code;	781

(G) Has professional association with or lends the person's	782
name to any unlicensed person, association, or organization for	783
the purpose of obtaining patients;	784

(H) Divides fees or charges or has any arrangement to share	785
fees or charges with any other person, except on the basis of	786
services performed;	787

(I)(H) Sells any biologic containing living, dead, or	788
sensitized organisms or products of those organisms, except in a	789
manner that the board by rule has prescribed;	790

(J)(I) Is convicted of or pleads guilty to any felony or	791
crime involving moral turpitudeillegal or prescription drugs, or	792
fails to report to the board within sixty days of the individual's	793
conviction of, plea of guilty to, or treatment in lieu of	794
conviction involving a felony, misdemeanor of the first degree, or	795
offense involving illegal or prescription drugs;	796

(K)(J) Is convicted of any violation of section 959.13 of the	797
Revised Code;	798

(L) Is convicted of a felony drug abuse offense, as defined	799
in section 2925.01 of the Revised Code;	800

(M)(K) Swears falsely in any affidavit required to be made by	801
the person in the course of the practice of veterinary medicine;	802

(N)(L) Fails to report promptly to the proper official any	803
known reportable disease;	804

(O)(M) Fails to report promptly vaccinations or the results	805
of tests when required to do so by law or rule;	806

(P)(N) Has been adjudicated incompetent for the purpose of	807
holding the license or permit by a court, as provided in section	808
5122.301Chapter 2111. of the Revised Code, and has not been	809
restored to legal capacity for that purpose;	810

(Q)(O) Permits a person who is not a licensed veterinarian, a	811
veterinary student extern, or a registered veterinary technician	812
to engage in work or perform duties in violation of this chapter;	813

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

814

(S)(Q) Has had a license to practice veterinary medicine or a	815
license, registration, or certificate to engage in activities as a	816
registered veterinary technician revoked, suspended, or acted	817
against by disciplinary action by an agency similar to this board	818
of another state, territory, or country or the District of	819
Columbia;	820

(T)(R) Is or has practiced with a revoked, suspended,	821
inactive, expired, or terminated license or registration;	822

(U)(S) Represents self as a specialist unless certified as a	823
specialist by the board;	824

(V)(T) In the person's capacity as a veterinarian or	825
registered veterinary technician makes or files a report, health	826
certificate, vaccination certificate, or other document that the	827
person knows is false or negligently or intentionally fails to	828
file a report or record required by any applicable state or	829
federal law;	830

(W)(U) Fails to use reasonable care in the administration of	831
drugs, as defined in section 4729.01 of the Revised Code, or	832
acceptable scientific methods in the selection of those drugs or	833
other modalities for treatment of a disease or in conduct of	834
surgery;	835

(X)(V) Makes available a dangerous drug, as defined in	836
section 4729.01 of the Revised Code, to any person other than for	837
the specific treatment of an animal patient;	838

(Y)(W) Refuses to permit a board investigator or the board's	839
designee to inspect the person's business premises during regular	840
business hours, except as provided in division (A) of section	841
4741.26 of the Revised Code;	842

(Z)(X) Violates any order of the board or fails to comply	843
with a subpoena of the board;	844

(AA)(Y) Fails to maintain medical records as required by rule	845
of the board;	846

(Z) Engages in cruelty to animals;

847

(AA) Uses, prescribes, or sells any veterinary prescription	848
drug or biologic, or prescribes any extra-label use of any	849
over-the-counter drug or dangerous drug in the absence of a valid	850
veterinary-client-patient relationship.	851

Before the board may revoke, deny, refuse to renew, or	852
suspend a license, registration, or temporary permit or otherwise	853
discipline the holder of a license, registration, or temporary	854
permit, the executive secretarydirector shall file written	855
charges with the board. The board shall conduct a hearing on the	856
charges as provided in Chapter 119. of the Revised Code.	857

If the board, after a hearing conducted pursuant to Chapter	858
119. of the Revised Code, revokes, refuses to renew, or suspends a	859
license, registration, or temporary permit or otherwise	860
disciplines the holder of a license, registration, or temporary	861
permit for a violation of this section, section 4741.23 or	862
4741.28, division (C) or (D) of section 4741.19, or division (B),	863
(C), or (D) of section 4741.21 of the Revised Code, the board may	864
impose a civil penalty upon the holder of the license, permit, or	865
registration of not less than fiftyone hundred dollars or more	866
than two hundred fifty dollars for a first offense and not less	867
than two hundred fifty dollars or more than one thousand dollars	868
for each subsequent offense. In addition to the civil penalty and	869
any other penalties imposed pursuant to this chapter, the board	870
may assess any holder of a license, permit, or registration the	871
costs of the hearing conducted under this section if the board	872
determines that the holder has violated any provision for which	873
the board may impose a civil penalty under this section.	874

Sec. 4741.221.  (A) The state veterinary medical licensing	875
board may, prior to or after a hearing conducted under section	876
4741.22 of the Revised Code, and in lieu of taking or in addition	877
to any action it may take under that section, refer any	878
veterinarian or registered veterinarian technician:	879

(1) Who suffers from alcohol or substance abuse, to the Ohio	880
veterinary medical association special assistance committee, the	881
Ohio physicians health program, or an advocacy group approved by	882
the board, for support and assistance in the coordination of the	883
treatment of that veterinarian or technician;	884

(2) Who has violated any provision of this chapter for any	885
offense for which the board normally would not seek the revocation	886
or suspension of the person's license or registration, to the Ohio	887
veterinary medical association special committee on peer review.	888

(B) To implement this section, the board shall adopt rules,	889
in accordance with Chapter 119. of the Revised Code, which cover	890
the method of referral and the manner by which the board may	891
recall the referral and a requirement that the committee supply	892
the veterinarian or technician and the board with progress reports	893
on the support and assistance in the coordination of the	894
treatment.	895

Sec. 4741.24.  (A) Except as provided in division (B) of this	896
section, any person whose license, registration, or temporary	897
permit is suspended or revoked may, at the discretion of the state	898
veterinary medical licensing board, be relicensed or reregistered	899
to practice at any time without an examination, on application	900
made to the board. The application for reinstatement shall be in	901
writing, in a form prescribed by the board, signed by the	902
applicant, and shall be delivered to the executive secretary	903
director of the board.	904

(B) Any person whose license, registration, or temporary	905
permit has been revoked for a violation of section 4741.18,	906
4741.22, or 4741.23 or division (A), (C), or (D) of section	907
4741.19, division (A) of section 4741.20, or division (B) or (D)	908
of section 4741.21 of the Revised Code, shall be permanently	909
barred from practicing veterinary medicine or holding a license to	910
practice veterinary medicine or holding a registration as a	911
registered veterinary technician in this state for a subsequent	912
violation of any of such provisions. The board shall, by certified	913
mail, notify all other state veterinary licensing boards of	914
permanent revocation actions.	915

(C) Any person whose license or temporary permit to practice	916
veterinary medicine is suspended or revoked is an unlicensed	917
person.	918

Sec. 4741.26.  (A) The state veterinary medical licensing	919
board shall enforce this chapter and for that purpose shall make	920
investigations relative thereto. Except as provided in this	921
division, in making any inspection pursuant to this chapter, the	922
board may enter and inspect, upon written notice of not less than	923
five days and during normal business hours, any licensee's, permit	924
holder's, or registrant's place of business. If the board has	925
knowledge or notice, pursuant to a written complaint or any other	926
written knowledge or notice by any person as verified by the	927
signature of that person, of a violation of section 4741.18,	928
4741.19, or 4741.23 of the Revised Code, it shall investigate and,	929
upon probable cause appearing, shall direct the executive	930
secretarydirector to file a complaint and institute the	931
prosecution of the offender. In conducting any investigation for a	932
suspected violation of this chapter, the board or its authorized	933
agent does not have to provide any prior written notice to the	934
licensee, permit holder, or registrant as long as the board	935
provides a written authorization for the investigation and the	936
board or its authorized agent provides the licensee, permit	937
holder, or registrant with a copy of the authorization at the time	938
of the investigation. When requested by the executive secretary	939
director, the prosecuting attorney of a county or the village	940
solicitor or city director of law of a municipal corporation,	941
wherein the violation occurs shall take charge of and conduct the	942
prosecution. The attorney general or histhe attorney general's	943
designated assistant shall act as legal adviser to the board and	944
shall render such legal assistance as may be necessary.	945

(B) In addition to any other remedy the board may have	946
pursuant to law, if the board determines that any person is	947
practicing veterinary medicine without a license issued pursuant	948
to this chapter or is otherwise in violation of this chapter, the	949
board may, through its executive secretarydirector, apply to a	950
court having jurisdiction in the county in which the offense	951
occurred, for an injunction or restraining order to enjoin or	952
restrain the person from further violations of this chapter. The	953
attorney general shall serve as the board's legal agent in the	954
action.	955

Sec. 4741.28.  (A) As used in this section:

956

(1) "Veterinary business facility" means a structure or	957
business location that is maintained for the purpose of regularly	958
providing veterinary services and that is owned, operated, or	959
controlled by either of the following:	960

(a) A for-profit business entity of which a majority	961
controlling interest is vested in individuals who are not licensed	962
veterinarians;	963

(b) A nonprofit entity of which a majority of the members of	964
the board of directors are not licensed veterinarians.	965

(2) "Disciplinary action" means any of the actions specified	966
in division (F)(1) of this section.	967

(B)(1) Except as otherwise provided in division (B)(2) of	968
this section or rules adopted under this section, no person shall	969
operate a veterinary business facility in this state without a	970
valid veterinary business facility license.	971

(2) A person who operates an existing veterinary business	972
facility on the effective date of this section is not in violation	973
of the licensure requirement during the time period that the	974
initial application for licensure of the veterinary business	975
facility is pending.	976

(C) A person who wishes to obtain a veterinary business	977
facility license shall file an application with the state	978
veterinary medical licensing board. The application shall include	979
all of the following information:	980

(1) The name and address of the veterinary business facility;

981

(2) The name and address of each licensed veterinarian who is	982
a resident of this state and who will be responsible for the	983
management of the provision of veterinary services at the	984
veterinary business facility;	985

(3) The name and address of the entity that owns, operates,	986
or controls the veterinary business facility and, if the entity is	987
a subsidiary of another entity, the name of its parent entity.	988

An application shall be accompanied by a fee of three hundred	989
dollars.	990

(D) A veterinary business facility license expires biennially	991
on June 1 in odd-numbered years and may be renewed. An application	992
for renewal shall contain any information that the board requires,	993
shall be accompanied by a renewal fee of three hundred dollars,	994
and shall be submitted to the board not earlier than the first day	995
of April and not later than the thirtieth day of April in	996
odd-numbered years.	997

(E) Not later than ninety days following receipt of an	998
application for an initial or renewed veterinary business facility	999
license under this section, the board shall issue the license to	1000
the applicant unless grounds for denial of licensure exist as	1001
established in rules adopted under this section.	1002

(F)(1) The board shall adopt rules in accordance with Chapter	1003
119. of the Revised Code that establish grounds for the following:	1004

(a) Refusal to issue or renew a veterinary business facility	1005
license;	1006

(b) Suspension or revocation of a veterinary business	1007
facility license;	1008

(c) Imposition of civil penalties of up to ten thousand	1009
dollars on a person who owns, operates, or controls a veterinary	1010
business facility;	1011

(d) Seeking the issuance, by a court having jurisdiction in	1012
the county in which a veterinary business facility is located, of	1013
an injunction that would require the closure of the veterinary	1014
business facility.	1015

(2) The board may adopt rules in accordance with Chapter 119.	1016
of the Revised Code that establish both of the following:	1017

(a) Circumstances in which a veterinary business facility is	1018
not considered to be in violation of the licensure requirement	1019
during the time period that an application for licensure of the	1020
veterinary business facility is pending;	1021

(b) Any other provisions necessary for the administration of	1022
this section.	1023

(G) The board may conduct an inspection of a veterinary	1024
business facility in accordance with section 4721.26 of the	1025
Revised Code to determine if grounds exist for disciplinary	1026
action.	1027

(H) On determining that grounds may exist for disciplinary	1028
action against a veterinary business facility, other than the	1029
refusal to issue a veterinary business facility license, the	1030
executive director of the board shall file written charges with	1031
the board. The board subsequently shall conduct a hearing in	1032
accordance with Chapter 119. of the Revised Code concerning the	1033
charges. If, at the conclusion of the hearing, the board	1034
determines that grounds for disciplinary action exist, the board	1035
shall take the appropriate disciplinary action.	1036

(I) The board shall seek the issuance, by a court having	1037
jurisdiction in the county in which is located a veterinary	1038
business facility that is in violation of the licensure	1039
requirement established in this section, of an injunction that	1040
would require the unlicensed veterinary business facility to be	1041
closed until an application for its licensure is filed. The	1042
injunction shall be in addition to any other penalties established	1043
by law.	1044

(J) Any change in the information specified in division	1045
(C)(1), (2), or (3) of this section shall be reported in writing	1046
to the board not later than ninety days after the change occurs.	1047

Sec. 4741.31.  The state veterinary medical licensing board	1048
shall adopt rules in accordance with Chapter 119. of the Revised	1049
Code establishing standards for approving and designating	1050
physicians and facilities as treatment providers for veterinarians	1051
with substance abuse problems and shall approve and designate	1052
treatment providers in accordance with the rules. The rules shall	1053
include standards for both inpatient and outpatient treatment. The	1054
rules shall provide that to be approved, a treatment provider must	1055
be capable of making an initial examination to determine the type	1056
of treatment required for a veterinarian with substance abuse	1057
problems. Subject to the rules, the board shall review and approve	1058
treatment providers on a regular basis and may, at its discretion,	1059
withdraw or deny approval.	1060

An approved treatment provider shall:

1061

(A) Report to the board the name of any veterinarian	1062
suffering or showing evidence of suffering impairment by reason of	1063
alcohol or drug addiction as described in division (C) of section	1064
4741.22 of the Revised Code who fails to comply within one week	1065
with a referral for examination;	1066

(B) Report to the board the name of any impaired veterinarian	1067
who fails to enter treatment within forty-eight hours following	1068
the provider's determination that the veterinarian needs	1069
treatment;	1070

(C) Require every veterinarian who enters treatment to agree	1071
to a treatment contract establishing the terms of treatment and	1072
aftercare, including any required supervision or restrictions of	1073
practice during treatment or aftercare;	1074

(D) Require a veterinarian to suspend practice on entering	1075
any required inpatient treatment;	1076

(E) Report to the board any failure by an impaired	1077
veterinarian to comply with the terms of the treatment contract	1078
during inpatient or outpatient treatment or aftercare;	1079

(F) Report to the board the resumption of practice of any	1080
impaired veterinarian before the treatment provider has made a	1081
clear determination that the veterinarian is capable of practicing	1082
according to acceptable and prevailing standards of care;	1083

(G) Require a veterinarian who resumes practice after	1084
completion of treatment to comply with an aftercare contract that	1085
meets the requirements of rules adopted by the board for approval	1086
of treatment providers;	1087

(H) Report to the board any veterinarian who suffers a	1088
relapse at any time during or following aftercare.	1089

Any veterinarian who enters into treatment by an approved	1090
treatment provider shall be deemed to have waived any	1091
confidentiality requirements that would otherwise prevent the	1092
treatment provider from making reports required under this	1093
section.	1094

In the absence of fraud or bad faith, no professional	1095
association of veterinarians licensed under this chapter that	1096
sponsors a committee or program to provide peer assistance to	1097
veterinarians with substance abuse problems, no representative or	1098
agent of such a committee or program, and no member of the state	1099
veterinary medical licensing board shall be liable to any person	1100
for damages in a civil action by reason of actions taken to refer	1101
a veterinarian to a treatment provider designated by the board or	1102
actions or omissions of the provider in treating a veterinarian.	1103

In the absence of fraud or bad faith, no person who reports	1104
to the board a veterinarian with a suspected substance abuse	1105
problem shall be liable to any person for damages in a civil	1106
action as a result of the report.	1107

Sec. 4741.40.  As used in sections 4741.40 to 4741.47 of the	1108
Revised Code:	1109

(A) "Large animal veterinary services," "veterinary services	1110
necessary to implement or enforce the law," and "veterinary	1111
services necessary to protect public health" have the meanings	1112
established in rules adopted by the state veterinary medical	1113
licensing board under section 4741.45 of the Revised Code.	1114

(B) "Veterinary resource shortage area" means an area	1115
designated in those rules as having limited access to large animal	1116
veterinary services or to veterinary services necessary to	1117
implement or enforce the law or to protect public health, as	1118
applicable.	1119

Sec. 4741.41.  There is hereby created the veterinarian loan	1120
repayment program. Under the program, the Ohio board of regents,	1121
by means of a contract entered into under section 4741.44 of the	1122
Revised Code, may agree to repay all or part of the principal and	1123
interest of a government or other educational loan taken out by a	1124
veterinarian for the following expenses if the expenses were	1125
incurred while the veterinarian was enrolled, for a maximum of	1126
four years, in a veterinary college in the United States that,	1127
during the time of enrollment, was approved by the state	1128
veterinary medical licensing board or accredited by the American	1129
veterinary medical association:	1130

(A) Tuition;

1131

(B) Other educational expenses, such as fees, books, and	1132
laboratory expenses, for specific purposes and in amounts	1133
determined to be reasonable by the state veterinary medical	1134
licensing board;	1135

(C) Room and board, in an amount determined to be reasonable	1136
by the state veterinary medical licensing board.	1137

No repayment shall exceed twenty thousand dollars in any	1138
year. If, however, a repayment results in an increase in the	1139
veterinarian's federal, state, or local income tax liability, the	1140
Ohio board of regents, at the veterinarian's request and with the	1141
approval of the state veterinary medical licensing board, may	1142
reimburse the veterinarian for the increased tax liability	1143
regardless of the amount of the repayment made to the veterinarian	1144
in that year.	1145

Sec. 4741.42. (A) A veterinarian who has not received student	1146
loan repayment assistance pursuant to federal law and who meets	1147
either of the following requirements may apply for participation	1148
in the veterinarian loan repayment program:	1149

(1) The veterinarian is enrolled in the final year of a	1150
veterinary medical program at a veterinary college approved by the	1151
state veterinary medical licensing board or accredited by the	1152
American veterinary medical association.	1153

(2) The veterinarian has been engaged in the practice of	1154
veterinary medicine in this state for not more than three years	1155
prior to submitting the application.	1156

(B) An application for participation in the veterinarian loan	1157
repayment program shall be submitted to the board on a form that	1158
the board shall prescribe. The application shall include the	1159
following:	1160

(1) The applicant's name, permanent address or address at	1161
which the applicant is currently residing if different from the	1162
permanent address, and telephone number;	1163

(2) The veterinary college the applicant has attended, the	1164
dates of attendance, and verification of attendance;	1165

(3) A summary and verification of the educational expenses	1166
for which the applicant seeks reimbursement under the program;	1167

(4) In the case of an applicant who is eligible to apply	1168
because the applicant is a veterinarian who has been engaged in	1169
the practice of veterinary medicine in this state for not more	1170
than three years prior to submitting the application, verification	1171
of the applicant's authorization under this chapter to practice	1172
veterinary medicine;	1173

(5) Verification of the applicant's United States citizenship	1174
or status as a legal alien.	1175

Sec. 4741.43.  If the veterinarian loan repayment fund	1176
created in section 4741.46 of the Revised Code contains sufficient	1177
money, the state veterinary medical licensing board shall approve	1178
an applicant for participation in the program if the board finds	1179
that the applicant is eligible for participation in the program	1180
and the applicant's services are needed in a veterinary resource	1181
shortage area.	1182

Upon approval, the board shall notify and enter into	1183
discussions with the applicant to facilitate the recruitment of	1184
the applicant to a veterinary resource shortage area in which the	1185
applicant's services are most needed. If the board and the	1186
applicant agree on the applicant's placement within a veterinary	1187
resource shortage area, the applicant shall prepare, sign, and	1188
deliver to the board a letter of intent agreeing to that	1189
placement.	1190

Sec. 4741.44. (A) A veterinarian who has signed a letter of	1191
intent under section 4741.43 of the Revised Code, the state	1192
veterinary medical licensing board, and the Ohio board of regents	1193
may enter into a contract for the veterinarian's participation in	1194
the veterinarian loan repayment program. A lending institution	1195
also may be a party to the contract.	1196

(B) The contract shall include all of the following	1197
obligations:	1198

(1) The veterinarian agrees to provide large animal	1199
veterinary services or to provide veterinary services necessary to	1200
implement or enforce the law or to protect public health, as	1201
applicable, in a veterinary resource shortage area identified in	1202
the letter of intent for at least two years or one year per ten	1203
thousand dollars of repayment agreed to under division (B)(3) of	1204
this section, whichever is greater.	1205

(2) When providing veterinary services in the veterinary	1206
resource shortage area, the veterinarian agrees to do both of the	1207
following:	1208

(a) Provide veterinary services for a minimum of forty hours	1209
per week;	1210

(b) Devote not less than sixty per cent of total monthly	1211
veterinary services to large animal veterinary services or	1212
veterinary services necessary to implement or enforce the law or	1213
to protect public health, as applicable.	1214

(3) The Ohio board of regents agrees, as provided in section	1215
4741.41 of the Revised Code, to repay, so long as the veterinarian	1216
performs the service obligation agreed to under division (B)(1) of	1217
this section, all or part of the principal and interest of a	1218
government or other educational loan taken by the veterinarian for	1219
expenses described in section 4741.41 of the Revised Code.	1220

(4) The veterinarian agrees to pay the Ohio board of regents	1221
the following as damages if the veterinarian fails to complete the	1222
service obligation agreed to under division (B)(1) of this	1223
section:	1224

(a) If the failure occurs during the first two years of the	1225
service obligation, two times the total amount the board has	1226
agreed to pay under division (B)(3) of this section;	1227

(b) If the failure occurs after the first two years of the	1228
service obligation, two times the total amount the board is still	1229
obligated to repay under division (B)(3) of this section.	1230

(C) The contract may include any other terms agreed upon by	1231
the parties, including an assignment to the Ohio board of regents	1232
of the veterinarian's duty to pay the principal and interest of a	1233
government or other educational loan taken by the veterinarian for	1234
expenses described in section 4741.41 of the Revised Code. If the	1235
Ohio board of regents assumes the veterinarian's duty to pay a	1236
loan, the contract shall set forth the total amount of principal	1237
and interest to be paid, an amortization schedule, and the amount	1238
of each payment to be made under the schedule.	1239

(D) Not later than the thirty-first day of January each year,	1240
the Ohio board of regents shall mail to each veterinarian to whom	1241
or on whose behalf repayment is made under section 4741.41 of the	1242
Revised Code a statement showing the amount of principal and	1243
interest repaid by the Ohio board of regents in the preceding year	1244
pursuant to the contract. The statement shall be sent by ordinary	1245
mail with address correction and forwarding requested in the	1246
manner prescribed by the United States postal service.	1247

Sec. 4741.45.  The state veterinary medical licensing board,	1248
in accordance with Chapter 119. of the Revised Code, shall adopt	1249
rules that do all of the following:	1250

(A) Define "large animal veterinary services," "veterinary	1251
services necessary to implement or enforce the law," and	1252
"veterinary services necessary to protect public health";	1253

(B) Designate veterinary resource shortage areas comprised of	1254
areas in this state that have limited access to each of the	1255
following:	1256

(1) Large animal veterinary services;

1257

(2) Veterinary services necessary to implement or enforce the	1258
law;	1259

(3) Veterinary services necessary to protect public health.

1260

The designations may apply to a geographic area, one or more	1261
facilities within a particular area, or a population group of	1262
animals within a particular area.	1263

(C) Establish priorities among veterinary resource shortage	1264
areas for use in recruiting veterinarians under the veterinarian	1265
loan repayment program;	1266

(D) Establish priorities for use in determining eligibility	1267
among applicants for participation in the veterinarian loan	1268
repayment program;	1269

(E) Establish any other requirement or procedure that is	1270
necessary to implement and administer sections 4741.40 to 4741.47	1271
of the Revised Code.	1272

In adopting the rules, the board shall consult with the state	1273
veterinarian and the Ohio board of regents.	1274

Sec. 4741.46.  (A) The state veterinary medical licensing	1275
board may accept gifts of money from any source for the	1276
implementation and administration of sections 4741.40 to 4741.45	1277
of the Revised Code. The board shall deposit all gifts so accepted	1278
into the state treasury to the credit of the veterinary resource	1279
shortage area fund, which is hereby created. The board shall use	1280
the fund for the implementation and administration of sections	1281
4741.40 to 4741.45 of the Revised Code.	1282

(B) The Ohio board of regents may accept gifts of money from	1283
any source for the implementation and administration of sections	1284
4741.41 and 4741.44 of the Revised Code. The board shall deposit	1285
all gifts so accepted together with all damages collected under	1286
division (B)(4) of section 4741.44 of the Revised Code into the	1287
state treasury to the credit of the veterinarian loan repayment	1288
fund, which is hereby created. The fund also shall consist of the	1289
portion of biennial renewal fees that is credited to the fund	1290
under section 4741.17 of the Revised Code. The board shall use the	1291
fund for the implementation and administration of the veterinarian	1292
loan repayment program created in section 4741.41 of the Revised	1293
Code.	1294

Sec. 4741.47.  The state veterinary medical licensing board,	1295
annually on or before the first day of March, shall submit a	1296
report to the governor and the general assembly describing the	1297
operations of the veterinarian loan repayment program during the	1298
previous calendar year. The report shall include information on	1299
all of the following:	1300

(A) The number of requests received by the board that a	1301
particular area be designated as a veterinary resource shortage	1302
area;	1303

(B) The areas that have been designated as veterinary	1304
resource shortage areas and the priorities that have been assigned	1305
to them;	1306

(C) The number of applicants for participation in the	1307
veterinarian loan repayment program;	1308

(D) The number of veterinarians assigned to veterinary	1309
resource shortage areas and the payments made on behalf of those	1310
veterinarians under the veterinarian loan repayment program;	1311

(E) The veterinary resource shortage areas that have not been	1312
matched with all of the veterinarians that they need;	1313

(F) The number of veterinarians failing to complete their	1314
service obligations, the amount of damages owed, and the amount of	1315
damages collected.	1316

Sec. 4741.99. (A) Whoever violates section 4741.18, 4741.19,	1317
4741.22, or 4741.23 or division (A) of section 4741.20 or division	1318
(B) or (D) of section 4741.21 of the Revised Code is guilty of a	1319
misdemeanor of the second degree; for each subsequent offense such	1320
person is guilty of a misdemeanor of the first degree.	1321

(B) Whoever violates division (B) of section 4741.28 of the	1322
Revised Code shall be fined not more than two thousand dollars.	1323

Section 2. That existing sections 4741.01, 4741.02, 4741.03,	1324
4741.09, 4741.11, 4741.12, 4741.14, 4741.16, 4741.17, 4741.171,	1325
4741.19, 4741.20, 4741.21, 4741.22, 4741.221, 4741.24, 4741.26,	1326
4741.31, and 4741.99 and sections 4741.13, 4741.27, and 4741.28 of	1327
the Revised Code are hereby repealed.	1328

Section 3. Notwithstanding section 4741.02 of the Revised	1329
Code as amended by this act, terms of office of members serving on	1330
the State Veterinary Medical Licensing Board on the effective date	1331
of this act shall remain five years. If a current Board member has	1332
served for ten years or more at the time the member's term	1333
expires, that member is ineligible for reappointment. If a current	1334
Board member has not served ten years or more at the time the	1335
member's term expires, that member may be reappointed in	1336
accordance with section 4741.02 of the Revised Code as amended by	1337
this act. However, once that member's total term of service equals	1338
ten years or more, that member is ineligible for reappointment.	1339
Any vacancies created by current Board members shall be filled in	1340
accordance with section 4741.02 of the Revised Code as amended by	1341
this act.	1342

As used in this section, "current Board member" means a	1343
member of the State Veterinary Medical Licensing Board who is a	1344
Board member on the effective date of this act.	1345