reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-1 - Food and water requirements; storage of food

Current through Vol. 41, No. 20, July 1, 2024
(a)
Water.
Commercial pet breeders shall provide access to potable water to pets as often as necessary to ensure their health and well-being. Commercial pet breeders that do not provide pets constant access to water shall offer water to pets at least three times daily for at least 1 hour each time, unless restricted by the attending veterinarian, or unless a veterinarian has directed that the commercial pet breeder shall provide the pet access to water more times than three times per day.
(b)
Feeding.
Commercial pet breeders shall feed pets at least once each day, but they shall feed pets more than once each day if required in order to provide adequate veterinary care. Commercial pet breeders shall feed pets food that is uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal, according to the pet's breed, age, and condition. Commercial pet breeders shall refrigerate perishable food.
(c)
Food and water receptacles.
Commercial pet breeders shall use food and water receptacles to deliver food and water to pets. Commercial pet breeders shall make food and water receptacles readily accessible to each pet, and shall place food and water receptacles in a location where the receptacle and its contents will not likely become contaminated by excreta, pests, or otherwise, and where food will be protected from the elements. Food and water receptacles must be disposable, or they must be made of a durable material that can be easily cleaned and sanitized. Commercial pet breeders shall keep food receptacles clean at all times in which they contain food, and shall clean and sanitize water receptacles daily. Commercial pet breeders shall discard disposable receptacles after one use.
(d)
Storage.
Commercial pet breeder shall store food supplies in a manner that protects the food from spoilage, contamination, molding, caking, and vermin infestation and prevents deterioration of the food's nutritive value.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-3 - Primary enclosures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Size requirements for dogs.
(1) Commercial pet breeders may house up to six dogs who have been removed from their whelping box in the same primary enclosure, which primary enclosure must provide at least the following amount of square feet of floor space:
(A) For an enclosure containing one dog, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 2. Mathematically, the space the commercial pet breeder must provide for the first dog equals 2 × [(length of dog in inches + 6) × (length of dog in inches + 6)/144].
(B) For an enclosure containing two dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 3. Mathematically, the space the commercial pet breeder must provide for the first dog equals 3 × [(length of dog in inches + 6) × (length of dog in inches + 6)/144].
(C) For an enclosure containing three dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 4. Mathematically, the space the commercial pet breeder must provide for the first dog equals 4 × [(length of dog in inches + 6) × (length of dog in inches + 6)/144].
(D) For an enclosure containing four dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 5. Mathematically, the space the commercial pet breeder must provide for the first dog equals 5 × [(length of dog in inches + 6) × (length of dog in inches + 6)/144].
(E) For an enclosure containing five dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 6. Mathematically, the space the commercial pet breeder must provide for the first dog equals 6 × [(length of dog in inches + 6) × (length of dog in inches + 6)/144].
(F) For an enclosure containing six dogs, the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; divided the product by 144, times 7. Mathematically, the space the commercial pet breeder must provide for the first dog equals 7 × [(length of dog in inches + 6) × (length of dog in inches + 6)/144].
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-5 - Veterinary care

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders must provide animals with adequate veterinary care to ensure animals' well-being, including an annual physical exam conducted by an Oklahoma State Licensed Veterinarian. Commercial pet breeders shall provide sick or injured animals veterinary care within 24 hours, unless on weekends, in which case commercial pet breeders shall provide sick or injured animals veterinary care on the next business day. Commercial pet breeders shall follow the directives of the veterinary doctor for care of the animal, including that commercial pet breeders shall provide to the animals any medications prescribed by the veterinarian and additional food, water, exercise, or other element that the animal may be lacking. Rabies vaccine may only be administered under the supervision of an Oklahoma licensed veterinarian.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-6 - Grooming

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders shall provide grooming to all dogs, including brushing, tangle removal, nail trims, and hair trimming, and bathing frequently enough to maintain good skin health and odor control, with less than 5% of coat matted, and no signs of long standing dirt and grime, as recommended by the American Kennel Club in its standards for each particular breed.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-7 - Exercise requirements

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders shall develop, document, and follow an appropriate plan to provide pets with the opportunity for exercise. In addition, the plan must be approved by the attending veterinarian, according to reasonable professional standards. The plan shall include written procedures to be followed in providing pets the opportunity for exercise. The plan must be made available to the Board upon request. The plan, at a minimum, must comply with each of the following:
(1)
Dogs housed individually.
Commercial pet breeders shall provide pets over 12 weeks of age that are housed, held or maintained individually, except bitches with litters, the opportunity for regular exercise in cages, pens, or runs that provide no less than two times the required floor space in a primary enclosure for that pet, as required in this Subchapter.
(2)
Dogs housed in groups.
Commercial pet breeder shall not be required to provide additional opportunity for exercise to pets over 12 weeks of age that are housed, held, or maintained in groups if the pets are maintained in cages, pens, or runs that provide in total at least 100 percent of the required space for each pet if maintained separately.
(3)
Contact requirement.
Commercial pet breeders and attending veterinarians, in developing their plan, should consider providing positive physical contact with humans that encourages exercise through play or other similar activities. If a pet is housed, held, or maintained in a primary enclosure without sensory contact with another pet, it must be provided with positive physical contact with humans at least daily.
(4)
Method of exercise.
The attending veterinarian shall determine the frequency, method, and duration of the opportunity for exercise. The opportunity for exercise may be provided in a number of ways, such as:
(A) Group housing in cages, pens or runs that provide at least 100 percent of the required space for each pet if maintained separately under the minimum floor space requirements for primary enclosures required in this Subchapter;
(B) Maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum floor space for primary enclosures required in this Subchapter; or
(C) Other similar activities.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-8 - Quarantine

Current through Vol. 41, No. 20, July 1, 2024
In order to minimize the dissemination of disease, commercial pet breeders shall separate from other animals those animals that are under quarantine or receiving treatment for a suspected communicable disease.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-9 - Adequate rest between breeding cycles

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders may only breed healthy female dogs or cats. Commercial pet breeders shall not breed a female dog or cat before she has reached age 10 months or her second heat cycle, whichever comes first.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-10 - Other facility and employee requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Washrooms and sinks.
Commercial pet breeder facilities must have readily accessible washing facilities such as washrooms, basins, sinks, or showers to be used by animal caretakers.
(b)
Employee requirements.
Commercial pet breeders shall provide at each facility sufficient caretakers, to carry out the level of husbandry practices and care required in this Chapter with respect to each pet housed or kept in the facility. Caretakers who provide for husbandry and care or handle animals must be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of animals to supervise others. Caretakers may include unpaid volunteers, such as the owners of the commercial pet breeder and members of their family as well as other volunteers. If unpaid workers available to the commercial pet breeder are not able to carry out the level of husbandry practices and care required in this Chapter, the commercial pet breeders must employ additional staff persons, as necessary.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-11 - Pet identification number, microchip requirement

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders shall identify each pet two months of age or older and each pet prior to sale or transference of ownership, if before 2 months of age, with a form of permanent identification, including an implanted permanent pet identification number microchip, tattoo, or other similar mechanism, mark, or devise. Licensees may tattoo in accordance with their registering organizations or Federal USDA licensing guidelines. The Licensee will insure that the permanent identification that is placed on the pet will match their sales and breeding records as required by the rules. Licensees that choose to tattoo, that are not tattooing according to any set guidelines or regulations from a registration agency or other licensing agency will tattoo in accordance with the following method: OK"License Number"-"Pet Tracking Number". Example: OK123-12.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 3 - Minimum Housing and Care Standards › Section 532:15-3-12 - Euthanasia procedures

Current through Vol. 41, No. 20, July 1, 2024
Animals owned or housed by a commercial pet breeder may only be euthanized by an Oklahoma State licensed Veterinarian or Oklahoma Registered Veterinary Technician under the order of a Oklahoma licensed Veterinarian following Oklahoma Practice Act under OS 59 § 698 under accepted euthanasia protocol.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 5 - Minimum Transportation and Sales Standards › Section 532:15-5-1 - General transportation requirements

Current through Vol. 41, No. 20, July 1, 2024
When commercial pet breeders remove pets from housing facilities for transportation, including delivery to purchasers and transportation to auctions or sale locations, they shall transport and care for the pets in a manner that ensures traveling pets' safety, access to food and water, continued enclosure ventilation and sanitation, adequate space, and protection from the elements and extreme temperatures in a reasonably similar manner to that required by these Rules. Commercial pet breeders shall comply with the requirements of this Subchapter while the commercial pet breeder or its agents transport pets.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 5 - Minimum Transportation and Sales Standards › Section 532:15-5-2 - General travel requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Food and water.
Commercial pet breeders shall provide food and water to pets scheduled to be transported during the 4 hours before travel or before the commercial pet breeder delivers the pet to the carrier. Commercial pet breeders shall provide a small amount of food of the type the pet is regularly fed in a dry storage bag to accompany the animal during transport.
(b)
Temperature and ventilation during travel.
When transporting pets, commercial pet breeders shall maintain the temperature in pet holding, transportation, or cargo areas above 45 °F (7.2 °C) and below 85 °F (29.5 °C) while pets are present, except for temporary variations in temperature which in no event shall last more than 4 consecutive hours when animals are present inside a holding, transportation or cargo area or 45 minutes while animals are being transported between holding areas. Commercial pet breeders shall adequately ventilate pet holding areas through windows, doors, vents, fans, blowers, or air conditioning at all times that pets are present, and shall use auxiliary ventilation, such as exhaust fans, vents, fans, blowers, or air conditioning when the ambient temperature is 85 °F (29.5 °C) or higher.
(c)
Pet removal from primary enclosures.
During travel, commercial pet breeders shall remove pets their primary enclosures every 24 hours to allow the pet to urinate, defecate, and obtain exercise.
(d)
Ban on shipment of young pets.
Commercial pet breeders shall not sell or transfer ownership of, ship, directly or indirectly, pets under 8 weeks of age.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 5 - Minimum Transportation and Sales Standards › Section 532:15-5-3 - Consignments to carriers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time of delivery.
Commercial pet breeders shall not deliver a pet for transport in commerce more than 4 hours before the scheduled departure time of the car, truck, train, aircraft, or other vehicle or transport on which the pet is to be transported.
(b)
Address of recipient.
Commercial pet breeders shall obtain the name, address, and telephone number of the recipient before delivering a pet for transport by a carrier, and they must provide the address to the carrier.
(c)
Certification of pet condition.
The commercial pet breeder shall prepare a written statement of each traveling pet's condition and shall attach the certification to the outside of each traveling pet's primary enclosure in an easily visible location that allows persons looking at the primary enclosure to read the certification. The certification shall provide the following:
(1) The commercial pet breeder shall certify that it provided food and water to the pet during the 4 hours before the pet was delivered for transport and state the time the feeding and watering occurred;
(2) Instructions for feeding or watering the animal for a 24-hour period in accordance with these regulations, and commercial pet breeders, which, unless directed otherwise by a veterinarian, in no event shall instruct that the pet be provided no food or water are not acceptable unless directed by the attending veterinarian;
(3) The commercial pet breeder's name, address, and license number;
(4) The recipient's name, address, and telephone number;
(5) A description of the pet, as defined in this Chapter;
(6) A brief summary of the pet's immunization record; and
(7) The commercial pet breeder's signature and the date and time the certification was signed.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 5 - Minimum Transportation and Sales Standards › Section 532:15-5-4 - Primary enclosures used to transport live pets

Current through Vol. 41, No. 20, July 1, 2024
(a)
Construction of primary enclosures.
Each pet must be contained in a primary enclosure such as a compartment, transport cage, or crate while being transported. Primary enclosures used to transport pet shall be constructed so that:
(1) The primary enclosure is strong enough to contain the pet securely and comfortably and to withstand the normal rigors of transportation;
(2) The interior of the primary enclosure has no sharp points or edges and no protrusions that could injure the pet contained in it;
(3) The pet is at all times securely contained within the enclosure and cannot put any part of its body outside the enclosure in a way that could result in injury to itself, to handlers, or to persons or animal nearby;
(4) The pet can be easily and quickly removed from the enclosure in an emergency;
(5) Unless the enclosure is permanently affixed to the conveyance, the enclosure must have devices such as handles or handholds on its exterior that enable persons to lift, manipulate, and move the enclosure without tilting it, and ensure that persons handling the enclosure will not come into physical contact with the pet contained inside;
(6) Unless the enclosure is permanently affixed to the conveyance, the commercial pet breeder shall clearly mark the primary enclosure on top and on one or more sides with the words "Live Animals," in letters at least 1 inch (2.5 cm.) high, and with arrows or other markings to indicate the correct upright position of the primary enclosure;
(7) Any material, treatment, paint, preservative, or other chemical used in or on the enclosure must be nontoxic to the pet and not harmful to the health or well-being of the pet;
(8) The pet contained inside receives proper ventilation;
(9) The primary enclosure has a solid, leak-proof bottom or a removable, leak-proof collection tray under a slatted or mesh floor that prevents seepage of waste products, such as excreta and body fluids, outside of the enclosure. If a slatted or mesh floor is used in the enclosure, it must be designed and constructed so that the pet cannot fit or place any part of its body between the slats or through the holes in the mesh. Unless the pets are on raised slatted floors or raised floors made of mesh, the primary enclosure must contain enough previously unused litter to absorb and cover excreta. The litter must be of a suitably absorbent material that is safe and nontoxic to pets;
(10) The primary enclosure must not allow for excreta or other wastes to fall on other pets, including that enclosures may not be stacked if the enclosures permit wastes or excreta to fall through the enclosure.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 5 - Minimum Transportation and Sales Standards › Section 532:15-5-5 - Food and water during transportation

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders shall provide food at least once every 24 hours to each animal that is 16 weeks of age and at least once every 12 hours to puppies and kittens less than 16 weeks of age. Commercial pet breeders shall provide all pets potable water at least once every 12 hours.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 7 - Recordkeeping and Sales Requirements › Section 532:15-7-1 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Operations records.
Commercial pet breeders shall create, maintain, and keep records of operations, and they shall keep the operation records at the address specified in the license. The operations record shall consist of a list describing, as defined in the Chapter, all pets, that have been born, housed or kept in the facility at any time during the preceding two years, and stating the disposition of all pets listed. In describing the disposition of any pet, the commercial pet breeder shall record the following:
(1) if the animal was sold or otherwise transferred, the manner and location of the sale, transfer, or other disposition, and the purchaser's name and address, if the commercial pet breeder shipped or otherwise transported the animal to the purchaser;
(2) that the pet is still on the premises, or
(3) if the pet died while at the facility, the date of death and cause of the death.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 7 - Recordkeeping and Sales Requirements › Section 532:15-7-2 - Pet health history provided to purchaser; sale of unhealthy pets

Current through Vol. 41, No. 20, July 1, 2024
(a)
Immunization records.
At the time of the sale, commercial pet breeders shall provide to purchasers of pets a written disclosure of all treatments involving immunizations, medications, anthelmetics (wormers) and all other treatments for parasites, administered to the purchased pet thirty days prior to the sale. The disclosure shall describe the pet and describe the product used, the dosage, and the medication or product was administered to the animal.
(b)
Disclosure of health conditions upon sale; costs of care.
Commercial pet breeders shall not knowingly sell a diseased or sick pet without fully disclosing the pet's condition to the purchaser. At the time they offer a pet for sale, commercial pet breeders shall disclose to the purchaser whether the offered animal has any known diseases, defects, or health conditions. If, within 10 days after receipt of a pet by the purchaser, a veterinarian states, in writing, that the pet has an undisclosed health problem or disease which existed in the animal at the time of delivery, or if within one year after receipt of the animal by the purchaser, a veterinarian states, in writing, that the pet has died or is ill due to an undisclosed hereditary or congenital defect, or is not of the breed type represented, the pet shall be considered to have been unfit for sale at the time of sale. A purchaser shall be entitled to return to the commercial pet breeder a pet that was unfit for sale and obtain full reimbursement of the purchase price, except that if the unfit pet has died within one year of delivery the purchaser may obtain a reimbursement of the purchase price without returning the pet upon providing proof that the pet has died.
(c)
Purchaser defined.
For purposes of cost reimbursement under this section, purchaser, as defined in subsection (b) of this section, shall include the consumer who ultimately purchases the pet if the commercial pet breeder sells the pet to an intermediary or retailer if consumer obtains a veterinary statement indicating that the pet had pre-existing health problems, as described in subsection (b), and if the commercial pet breeder failed to disclose the pre-existing health problems to the intermediary that purchased the pet from the commercial pet breeder. In such case, recovery would be limited to the price paid to the commercial pet breeder. Commercial pet breeders will not be liable to consumers if they disclose pre-existing health problems to the intermediary or retailer that ultimately sells the pet to the consumer.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 7 - Recordkeeping and Sales Requirements › Section 532:15-7-3 - Sales invoice or statement

Current through Vol. 41, No. 20, July 1, 2024
At the time of the sale, the commercial pet breeder shall provide the purchaser a sales statement in which the commercial pet breeder shall describe the pet, as defined in this Chapter, list the date of the transaction, the sales price, the name of the purchaser, the location of the sale and the method of delivery, the commercial pet breeder's license number where applicable, and list any health problem disclosures made to the purchaser. If the commercial pet breeder transports or otherwise ships the pet to the purchaser, the commercial pet breeder shall list the purchaser's address on the sales statement
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 7 - Recordkeeping and Sales Requirements › Section 532:15-7-4 - Location of sales

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders may only sell pets to purchasers from their facilities or ship or deliver pets to purchasers who request to purchase the pets from the commercial pet breeder through the phone, internet, fax, or in person when the commercial pet breeder is selling pets at a location from which persons may legally sell products, such as at a store front, farmer's market, fair, or otherwise, if the commercial pet breeder has obtain the proper permit or credential required to make sales from such location. Commercial pet breeders shall not market or sell or offer to sell any pets in retail parking lots or public parking lots, from the side of any road, or from any location that the person does not own if the person has not obtained the property permit or credentials to sell from such location. Notwithstanding the foregoing, if while located at a location from which the commercial pet breeder may legally sell products the commercial pet breeder communicates with a purchaser, through phone, fax, email, or other form of communication, and agrees to sell and deliver a pet to a purchaser, the commercial pet breeder may deliver the sold pet to the purchaser to any location upon which the commercial pet breeder and purchaser agree.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 7 - Recordkeeping and Sales Requirements › Section 532:15-7-5 - Prohibition on the purchase, sale, or transportation of stolen pets

Current through Vol. 41, No. 20, July 1, 2024
No Licensee shall buy, sell, or transport any stolen pet.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 7 - Recordkeeping and Sales Requirements › Section 532:15-7-6 - Other requirements or acts prohibited

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders shall comply with all applicable state and federal laws, municipal ordinances, and reasonable requirements of the Board.
Added at 28 Ok Reg 2306, eff 7-25-11
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 535:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of this Chapter describe the
				organization and the administrative operation of the Board, the procedures and
				practices at individual proceedings, the practices at rulemaking hearings, the
				procedures for requests for rule changes and the procedures for the filing and
				prompt disposition of petitions for declaratory rulings as to the applicability
				of any rule or order of the Board as required under the Administrative
				Procedures Act.
(b) The fee
				schedule of this Chapter provides the public and registrants access to records,
				information and fees as required or suggested by the Open Records
				Act.
Amended at 9 Ok Reg
				  2133, eff 6-11-92
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 3 - Description of Organization › Section 535:1-3-1 - Creation of Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The State Board
				of Pharmacy is created by virtue of Article 5, Section 39 of the Constitution
				of Oklahoma. Statutes relating thereto are found in the Oklahoma Pharmacy Act,
				59 Section 353 et seq. of the Oklahoma Statutes.
(b) Unless otherwise stated, as used herein,
				Board means Board of Pharmacy.
Amended at 11 Ok Reg
				  3423, eff 6-27-94
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 3 - Description of Organization › Section 535:1-3-2 - Board members

Current through Vol. 41, No. 20, July 1, 2024
The Board shall consist of six (6) members who are qualified
				  and appointed in accordance with the provisions of 59 O.S. Section 353.3
				  .
Amended at 11 Ok Reg
				  3423, eff 6-27-94
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 3 - Description of Organization › Section 535:1-3-3 - Powers and duties of Board

Current through Vol. 41, No. 20, July 1, 2024
The powers and duties of the Board are set forth in the
				  Oklahoma Pharmacy Act (the "Act") , 59 O.S. Section 353 et
				  seq.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-1 - Board office

Current through Vol. 41, No. 20, July 1, 2024
The office of the Board is in the Bryan H. Potter Oklahoma
				  State Board of Pharmacy Building, 2920 North Lincoln Boulevard, Oklahoma City,
				  Oklahoma.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-2 - Office hours

Current through Vol. 41, No. 20, July 1, 2024
General office hours are from 8:00 a.m. to 4:30 p.m. each day
				  except Saturday and Sunday and any legal holiday established by statute or
				  proclamation of the Governor.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-3 - Communication in writing

Current through Vol. 41, No. 20, July 1, 2024
Every communication in writing to the Board shall be
				  addressed to the Director at the Board's principal office, unless the Board
				  directs otherwise.
Amended at 11 Ok Reg
				  3423, eff 6-27-94
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-4 - Board meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall
				hold at least one regular meeting in each calendar year.
(b) The Board shall hold other meetings as it
				deems necessary at the Office of the Board in Oklahoma City, Oklahoma, or such
				other location as the Board desires.
(c) Special meetings may be called by the
				President and Director, or a majority of the Board.
(d) Four (4) members of the Board constitute
				the quorum and may transact any business or hold any hearing by simple majority
				vote of the quorum.
(e) The Board
				president shall vote only in the case of tie.
Amended at 11 Ok Reg
				  3423, eff 6-27-94; Amended at 12 Ok Reg 2587, eff
				  6-26-95
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-5 - Appearance before the Board

Current through Vol. 41, No. 20, July 1, 2024
All persons desiring to appear before the Board for any
				  purpose must first furnish the Board with a copy of information, and/or
				  explanation of the purpose in writing ten (10) days prior to the next regularly
				  scheduled Board meeting in order that they may be placed on the agenda and a
				  time allocated for discussion.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-5.1 - Complaint confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to
				encourage the public and affected individuals to come forward with complaints
				regarding registrants and fully share the particulars, the Board will hold all
				informant or complainant names, addresses or other personal information as
				confidential and shall not release this information.
(b) The Board shall use all complainant and
				informant information provided in conducting its investigations; and may use
				this information in cases filed against registrants.
(c) Information obtained during an
				investigation into violations of the Oklahoma Pharmacy Act is not a record as
				that term is defined in the Oklahoma Open Records Act nor shall such
				information be subject to subpoena or discovery in any civil or criminal
				proceeding.
(d) The respondent may
				acquire information obtained during an investigation, unless the disclosure of
				such information is otherwise prohibited, except for the investigation report,
				if the respondent signs a protective order whereby the respondent agrees to use
				the information solely for the purposes of defense in the Board proceeding and
				in any appeal there from and agrees not to otherwise disclose the
				information.
Added at 19 Ok Reg 1791,
				  eff 7-1-02; Amended at 24 Ok Reg 2254, eff 7-1-07; Amended at 25 Ok Reg 1974,
				  eff 7-1-08; Amended at 26 Ok Reg 2270, eff
				  7-1-09
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 5 - Board Administrative Operations › Section 535:1-5-6 - Availability of records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Document
				location.
All rules and other written statements of policy or
				interpretations formulated, adopted or used by the Board in the discharge of
				its functions and all final orders, decisions and opinions will be made
				available for public inspection at the principal office during regular office
				hours.
(b)
Official
				records.
Copies of official records of the Board may be made and
				certified by the Director or his designee according to the fee schedule enacted
				by the Board. Any Board records or material in the Board's offices protected
				from disclosure by state law shall not be released.
Amended at 11 Ok Reg
				  3423, eff 6-27-94
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-1 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Sworn complaint.
In every
				individual proceeding a sworn complaint shall be filed naming the person
				against whom relief is sought and containing a brief statement of the factual
				allegations and alleged violations.
(b)
Notice of hearing
.
The Director shall issue a notice of hearing thereby notifying
				the person named in the complaint of said filing and the date, time and the
				place for the hearing. The notice should comply with the requirements of 75
				O.S. Section 309 or its successor.
Amended at 11 Ok Reg
				  3423, eff 6-27-94
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-2 - Serving of notices

Current through Vol. 41, No. 20, July 1, 2024
(a) All notices or
				other papers requiring service in an individual proceeding shall be served in
				one of the following manners:
(1) personally
				by any person appointed to make service by the Director and in any manner
				authorized by the law of this State for the personal service of summonses in
				proceedings in a state court; or,
(2) by certified mail to the respondent at
				the last address provided to the Board by respondent or to respondent's
				attorney.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-3 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice time; continuances.
The time set for a hearing, specified in the notice, shall not be less than ten
				(10) days after the date of the notice. Written motions for any continuances or
				extensions of time shall state the time desired and the reasons for the
				request, and shall be filed with the Board at least five (5) business days
				before the hearing, and may be denied by the Director if not filed at least
				(five) 5 business days before the hearing. The Director is authorized to rule
				on said motions. If the motion is denied; the party may renew the request for
				continuance at the hearing.
(b)
Imminent Danger Suspension.
If the Director finds that there is
				imminent danger to the public health or safety, he may immediately suspend any
				registration simultaneously with the scheduling of a Board hearing.
(1)
Method.
The registrant shall
				be notified of such suspension through an imminent danger letter signed by the
				Director.
(2)
Notice.
Notice shall be given in the manner described in
				535:1-7-2.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-3.1 - Standard of proof

Current through Vol. 41, No. 20, July 1, 2024
The standard of proof in an individual proceeding before the
				  Board is that of clear and convincing evidence.
Added at 19 Ok Reg 1791,
				  eff 7-1-02
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-4 - Failure to appear or failure to comply

Current through Vol. 41, No. 20, July 1, 2024
(a) Any respondent who fails to appear as
				directed may be determined to have waived his right to present a defense to the
				charges alleged in the complaint. If the Board finds, after having reviewed the
				evidence, that the violation alleged did in fact occur, and suspension,
				revocation or other disciplinary action may be ordered by the Board.
(b) Failure to comply with the Board's
				order(s) may result in additional sanctions by the Board.
Amended at 24 Ok Reg
				  2254, eff 7-1-07; Amended at 26 Ok Reg 2270, eff
				  7-1-09
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-5 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance; serving.
Subpoenas
				for the attendance of witnesses, and/or for the furnishing of information
				required by the Board, and/or for the production of evidence or records of any
				kind shall be issued by the Director or his designee. Subpoenas shall be served
				and a return made in any manner prescribed by Oklahoma Administrative
				Procedures Act
(b)
Order to
				compel.
Upon the failure of any person to obey a subpoena, upon the
				refusal of any witness to be sworn , or to make an affirmation or to answer a
				question put to him in the course of a hearing, appropriate judicial
				proceedings may be instituted under the laws of the State for an order to
				compel compliance with the subpoena or the giving of testimony. Any scheduled
				hearing shall proceed, so far as it is possible, but the Board, in its
				discretion, at any time , may continue the proceeding for such time as may be
				necessary to secure a final ruling in the judicial proceedings.
Amended at 11 Ok Reg
				  3423, eff 6-27-94; Amended at 22 Ok Reg 2166, eff 7-1-05; Amended at 26 Ok Reg
				  2270, eff 7-1-09
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-6 - Hearing records and record maintenance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Recordings.
The Board's hearings shall be electronically
				  recorded.
(1) The recording of the
				hearing and the file containing the pleading will be maintained in the Board
				Office.
Such record shall be maintained for such time as to protect
				  the record through judicial review.
(2) A copy of the recording of the hearing
				shall be provided by the Board at the request of any party to the hearing
				.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-7 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
All final orders in individual proceedings shall be in
				  writing. The final order shall include findings of fact and conclusions of law,
				  separately stated. A copy of the final order will be mailed forthwith to each
				  party.
Amended at 26 Ok Reg
				  2270, eff 7-1-09; Amended at 27 Ok Reg 2244, eff
				  7-11-10
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 535:1-7-8 - Appeal

Current through Vol. 41, No. 20, July 1, 2024
A petition for rehearing is not required before an appeal may
				  be perfected. A petition for rehearing, reopening or reconsideration of a final
				  order may be filed with the Board within ten (10) days from the entry of the
				  order. It must be signed by the party or his attorney or representative and
				  must set forth with particularity the statutory grounds upon which it is
				  based.
Amended at 11 Ok Reg
				  3423, eff 6-27-94; Amended at 27 Ok Reg 2244, eff
				  7-11-10
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 8 - Requests for Rule Changes › Section 535:1-8-1 - Requests for rule changes

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				interested persons may request the Board to promulgate, amend or repeal a rule.
				Requests are to be made in writing and filed with the Director. Each request
				shall set forth fully the reasons for its submission; the alleged need or
				necessity therefor; whether or not the proposal conflicts with any existing
				rule, and what, if any, statutory provisions are involved.
(b) Each request to the Board to promulgate,
				amend or repeal a rule, shall be considered by the Board.
(c) After consideration of a request to
				promulgate, amend or repeal a rule the Board may:
(1) approve the proposed change in compliance
				with the Oklahoma Administrative Procedures Act; or,
(2) determine that the proposal or request is
				not a necessary rule, amendment or repeal; refuse the same and reflect the
				decision in the regular minutes of the Board.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 9 - Rulemaking Hearings › Section 535:1-9-1 - Reasonable opportunity for public input on proposed rulemaking

Current through Vol. 41, No. 20, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				  Board shall afford any interested person a reasonable opportunity to submit
				  data, views, or arguments, orally or in writing, to the Board concerning the
				  proposed action on the rule.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 9 - Rulemaking Hearings › Section 535:1-9-2 - Administrative Procedures Act (APA) rulemaking requirements

Current through Vol. 41, No. 20, July 1, 2024
In any rule-making action, the Board shall comply with the
				  then current requirements in the Oklahoma Administrative Procedures Act.
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 11 - Fees › Section 535:1-11-1 - Annual licenses, permits and renewals

Current through Vol. 41, No. 20, July 1, 2024
Annual license, permit and renewal fees, as set by the
				  Board, shall be as follows:
(1)
				Pharmacist renewal (active or inactive) - $100
(2) Senior inactive pharmacist renewal (age
				65 or over, retired) - $20
(3)
				Pharmacy license
(A) Retail, hospital,
				non-resident, and remote medication order processing - $150
(B) Charitable clinic - $ 75
(C) Hospital drug room - $ 40
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 11 - Fees › Section 535:1-11-2 - Pharmacist initial registration and other fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Pharmacist initial registration fees, as
				set by the Board, shall be as follows:
(1)
				Registration by reciprocity - $200
(2) Registration by examination - $125 + the
				examination cost
(3) Registration
				by score transfer - $200
Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 1 - Administrative Operations › Subchapter 11 - Fees › Section 535:1-11-3 - Practical experience licenses and certificates

Current through Vol. 41, No. 20, July 1, 2024
Practical experience license and certificate fees, as set by
				  the Board, shall be as follows:
(1)
				Intern certificate - $100
(2)
				Training area certificate - $25
(3)
				Training area renewal - $10
(4)
				Preceptor certificate - $25
(5)
				Preceptor renewal - $10
Added at 13 Ok Reg 2803,
				  eff 6-27-96; Amended at 14 Ok Reg 3019, eff 7-11-97; Amended at 18 Ok Reg 2730,
				  eff 8-15-01; Amended at 27 Ok Reg 2244, eff
				  7-11-10