Ohio Administrative Code › Title 4741 - State Veterinary Medical Licensing Board › Chapter 4741-2 - Veterinary Business Facilities › Section 4741-2-01 - General provisions of a veterinary business facility license

Current through all regulations passed and filed through July 1, 2024
(A) A veterinary
			 business facility not vested with a majority controlling interest by one or
			 more currently Ohio licensed veterinarians, must meet the requirements of
			 section
			 4741.28
			 of the Revised Code to obtain a veterinary business facility license in order
			 to provide veterinary medical services in the state of Ohio.
(B) The board shall evaluate whether a
			 program has met the requirements of section
			 4741.28
			 of the Revised Code before issuing an initial license.
(C) A veterinary business facility will
			 maintain minimum standards of sanitary and hygienic methods to be used in the
			 humane care and treatment of animals as established in rule
			 4741-1-03
			 of the Administrative Code.
(D) A
			 veterinary business facility must meet and comply with all requirements as set
			 forth in section
			 4741.28
			 of the Revised Code and rules adopted by the board in accordance with Chapter
			 119. of the Revised Code; and any other applicable state or federal laws and
			 rules. Failure to meet and maintain these requirements shall be considered
			 noncompliance and may affect the facility's licensure status. The board has the
			 authority to suspend or revoke a license, to refuse to issue or renew a
			 license, and/or impose a civil penalty of up to ten thousand dollars on a
			 person who owns, operates or controls a veterinary business facility for any
			 violation of Chapter 4741. of the Revised Code and/or rules established by the
			 board. The board shall suspend or revoke a license or impose civil penalties
			 only pursuant to an adjudication process in accordance with Chapter 119. of the
			 Revised Code for the following, but not limited to:
(1) Any violation of Chapter 4741. of the
			 Revised Code or rules established by the board;
(2) Falsification of or fraudulent submission
			 of licensure or renewal application;
(3) False or misleading advertisement which
			 causes any person to act to the person's detriment in the care or treatment of
			 any animal;
(4) Failure to conform
			 to the rules of the board or the standards of the profession governing proper,
			 humane, sanitary, and hygienic methods to be used in the care and treatment of
			 animals;
(5) Obtains a fee on the
			 assurance that an incurable disease can be cured;
(6) Divides fees or charges or has any
			 arrangement to share fees or charges with any other person, except on the basis
			 of services performed;
(7) Violates
			 the federal and state laws regulating the storage and use of controlled
			 substances;
(8) Fails to report
			 promptly to the proper official any known reportable disease;
(9) Fails to report promptly vaccinations or
			 the results of tests when required to do so by law or rule;
(10) Has been adjudicated incompetent for the
			 purpose of holding the license or permit by a court, as provided in Chapter
			 2111. of the Revised Code, and has not been restored to legal capacity for that
			 purpose;
(11) Permits a person not
			 a licensed veterinarian, a veterinary student, a registered veterinary
			 technician, or an animal aide to engage in work or perform duties in violation
			 of this chapter;
(12) Has knowledge
			 that the managing veterinarian is guilty of gross incompetence or gross
			 negligence;
(13) Is practicing with
			 a revoked, suspended, expired, or terminated license;
(14) Makes or files a report, health
			 certificate, vaccination certificate, or other document which the facility
			 knows is false, or negligently or intentionally fails to file a report or
			 record required by an applicable state or federal law;
(15) Makes available a dangerous drug, as
			 defined in section
										4729.01
									 of the Revised Code, to any person other than for the specific treatment
			 of an animal patient;
(16) Refuses
			 to permit a board investigator or the board's designee to inspect the business
			 premises during regular business hours, except as provided in division (A) of
			 section
			 4741.26 of the
			 Revised Code;
(17) Violates any
			 order of the board or fails to comply with a subpoena of the board;
(18) Fails to maintain medical records as
			 required by rule of the board;
(19)
			 Engages in cruelty to animals;
(20)
			 Uses, prescribes, or sells any veterinary prescription drug or biologic, or
			 prescribes any extra-label use of any over-the-counter drug or dangerous drug
			 in the absence of a valid veterinary-client-patient relationship.