reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-24 - Recognition and approval by the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) A law enforcement agency or animal control agency which intends to employ an Animal Euthanasia Technician or enter into a contract for services with an Animal Euthanasia Technician shall first apply to the Board for recognition and approval on a form provided by the Board.
(b) An animal shelter which intends to employ an Animal Euthanasia Technician or enter into a contract for services with an Animal Euthanasia Technician shall first apply to the Board for recognition and approval on a form provided by the Board. As part of the application the animal shelter shall be required to provide documentation that it is:
(1) A tax exempt organization, as defined by Title 26, Section 501(c)(3) of the United States Code (Internal Revenue Service), and is organized and operated exclusively for scientific or educational purposes, for the prevention of cruelty to animals, or for the care and rehabilitation of sick or injured wildlife; and
(2) Has obtained all licenses and/or permits required for the possession of wildlife under the rules implementing Title 29 of the Oklahoma Statutes (Game and Fish) and regulations implementing Title 16 of the United States Code (Fish and Wildlife).
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-25 - Notice of termination of employment of a certified Animal Euthanasia Technician

Current through Vol. 41, No. 20, July 1, 2024
Any law enforcement agency, animal control agency or animal shelter, whether directly employing an animal euthanasia technician or engaged in a contract for services with an Animal Euthanasia Technician shall notify the Board within five business days of the termination of the employment or contractual agreement with the Animal Euthanasia Technician.
Added at 18 Ok Reg 1379, eff 5-11-01; Amended at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-26 - Inspection

Current through Vol. 41, No. 20, July 1, 2024
Under Title 63, Section 2-101 et seq. (Uniform Controlled Dangerous Substances Act) and Title 59, Section 698.1 et seq. (Veterinary Practice Act) of the Oklahoma State Statutes and implementing rules, any peace officer of the State of Oklahoma, including but not limited to Investigators from the Board, upon stating his/her purpose and presenting his/her credentials to the certificate holder, registrant, owner, operator, or agent(s) in charge of the premises where animal euthanasia is performed, shall have the right to enter such premises and conduct inspections at reasonable times and in a reasonable manner.
Added at 18 Ok Reg 1379, eff 5-11-01; Amended at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-27 - Inspection; Failure to correct deficiency

Current through Vol. 41, No. 20, July 1, 2024
(a) If a deficiency is found during a Board inspection of a law enforcement agency, animal control agency, animal shelter or registered location of an Animal Euthanasia Technician, and a field citation is issued which contains an abatement order pursuant to Section 698.19A of the Veterinary Practice Act, a Board investigator shall conduct a second inspection after the time specified for the correction of the deficiency and at the expense of the Animal Euthanasia Technician or the law enforcement agency, animal control agency or animal shelter.
(b) If the deficiency has not been corrected within the time specified for the correction of the deficiency:
(1) A report shall be forwarded to the Secretary-Treasurer or Executive Director of the Board recommending that:
(A) The Animal Euthanasia Technicians certificate be suspended or revoked and/or a penalty imposed. and/or
(B) The Board approval of the law enforcement agency, animal control agency or animal shelter be suspended or revoked pursuant to the provisions of Rule 775:15-1-1 et seq. and/or a penalty imposed under Rule 775:30-1-1.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-28 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may file a citizen complaint with the Board in regard to any law enforcement agency, animal control agency, or animal shelter that is recognized and approved by the Board or is otherwise under the Board's statutory jurisdiction.
(b) Citizen complaints may be written or oral. The Board or its agent(s) may require complainants to reduce oral complaints to writing if such would facilitate the review of the complaint.
(c) The Board or its agent(s) shall investigate all facially credible citizen complaints over which the Board would reasonably have jurisdiction.
(d) In addition, the Board or its agent(s) may refer complaints to other entities, or other law enforcement agencies.
Added at 18 Ok Reg 1379, eff 5-11-01; Amended at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-29 - Denial, suspension or revocation of Board recognition

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may deny, suspend or revoke the recognition and approval of a law enforcement agency, animal control agency, or animal shelter and/or impose a penalty upon an agency or shelter for:
(1) Violation of any part of the Oklahoma Veterinary Practice Act or the Oklahoma Veterinary Administrative Rules;
(2) Violation of Title 4, Section 501 et seq. of the Oklahoma Statutes;
(3) Fraud, misrepresentation or deception in obtaining recognition and approval by the Board, or failure to provide accurate information upon request by the Board during an investigation or disciplinary hearing;
(4) Violation of any state or federal laws and/or implementing rules or regulations relating to the purchase, storage or administration of controlled dangerous substances;
(5) Having a working association with any person, agency or organization practicing veterinary medicine or performing animal euthanasia unlawfully;
(6) Incompetence or negligence in performing animal euthanasia; or
(7) Cruelty to animals.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-30 - Emergency temporary suspension of Board recognition and approval

Current through Vol. 41, No. 20, July 1, 2024
The Secretary-Treasurer of the Board, or his/her designee, upon concurrence of the President or his/her designee, based upon clear and convincing evidence that an emergency exists for which the immediate suspension of the recognition and approval of the law enforcement agency, animal control agency, or animal shelter is imperative to protect the public or animal health, safety and welfare, may conduct a hearing to temporarily suspend the recognition and approval of the law enforcement agency, animal control agency, or animal shelter upon a showing of clear and convincing evidence of violation of the Veterinary Practice Act and implementing rules or Title 4,  Section  501   et seq of the Oklahoma Statutes, provided any such action temporarily suspending recognition and approval is taken simultaneously with proceedings for setting a formal hearing before the Board en banc to be held within thirty (30) days after emergency temporary suspension.
Added at 18 Ok Reg 1379, eff 5-11-01; Amended at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-31 - Persons reporting information or investigating; liability

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the Veterinary Practice Act, no person or entity which, in good faith, reports or provides information or investigates any person or agency or shelter under this Chapter shall be liable in a civil action for damages or relief arising from the reporting, providing of information or investigation except upon clear and convincing evidence that the report of information was completely false, or that the investigation was based on false information, and that the falsity was actually known to the person or entity making the report, providing the information or conducting the investigation at the time thereof.
Added at 18 Ok Reg 1379, eff 5-11-01
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-32 - Required curriculum of training courses for Animal Euthanasia Technicians [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 1379, eff 5-11-01; Revoked at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-33 - Approval of training courses for Animal Euthanasia Technicians offered by others [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 1379, eff 5-11-01; Revoked at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 8 - Certification of Euthanasia Technicians › Section 775:10-8-34 - Committee on Animal Euthanasia Technicians; Creation; Membership; Duties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 1379, eff 5-11-01; Revoked at 27 Ok Reg 1052, eff 7-1-10
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 9 - Animal Chiropractic Diagnosis and Treatment › Section 775:10-9-1 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 18 Ok Reg 1379, eff 5-11-01
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 9 - Animal Chiropractic Diagnosis and Treatment › Section 775:10-9-2 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 18 Ok Reg 1379, eff 5-11-01
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 9 - Animal Chiropractic Diagnosis and Treatment › Section 775:10-9-3 - Certification for a veterinarian in animal chiropractic diagnosis and treatment

Current through Vol. 41, No. 20, July 1, 2024
A veterinarian who has completed certification from the American Veterinary Chiropractic Association or the equivalent, will be certified in animal chiropractic diagnosis and treatment as approved by the Board.
Added at 18 Ok Reg 1379, eff 5-11-01
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 9 - Animal Chiropractic Diagnosis and Treatment › Section 775:10-9-4 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 18 Ok Reg 1379, eff 5-11-01
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 9 - Animal Chiropractic Diagnosis and Treatment › Section 775:10-9-5 - Continuing education hours

Current through Vol. 41, No. 20, July 1, 2024
Each veterinarian certified in animal chiropractic diagnosis and treatment applying for renewal of a license related to animal chiropractic diagnosis and treatment shall have completed a minimum of (12) twelve hours annually, in addition to the required (20) twenty hours of continuing education. The additional (12) twelve hours shall be approved and completed per biennium.
Added at 18 Ok Reg 1379, eff 5-11-01
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 10 - Complementary and Alternative Therapy › Section 775:10-10-1 - Definition of Complementary and Alternative Therapy

Current through Vol. 41, No. 20, July 1, 2024
Complementary and Alternative therapies, include, but are not limited to: acupuncture and related acupoint therapies; manual therapy which includes physical therapy, massage therapy, and osteopathic therapy; energy therapies which includes ultrasound, pulsating electromagnetic field (PEMF), static magnetic fields, laser, Reiki, therapeutic touch, Bowen, and shock wave therapy; integrative medicine which includes Ayurveda, aromatherapy, flower remedy therapy, holistic medicine, homeopathy, nutritional therapy, and phytotherapy; and shall be performed on animals only by a licensed veterinarian or under the direct supervision of a licensed veterinarian.
Added at 22 Ok Reg 987, eff 5-12-05
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 10 - Complementary and Alternative Therapy › Section 775:10-10-10 - Requirements prior to providing animal massage services

Current through Vol. 41, No. 20, July 1, 2024
(a) No person shall provide animal massage services to any patient until certified in animal massage therapy, acquire liability insurance coverage and a written referral for such services is received from an Oklahoma licensed veterinarian.
(b) A copy of the written referral must be kept by the referring veterinarian on file for review or audit by the Board or its representative for three (3) years post term.
(c) The referring veterinarian shall confirm the animal massage provider has written proof of liability insurance coverage for providing animal massage services from an insurance company duly licensed to conduct business in the State of Oklahoma with the Oklahoma Insurance Commission prior to making any referral for massage therapy upon an animal.
Added at 23 Ok Reg 2024, eff 7-1-06
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 11 - Animal Husbandry [Expired] › Section 775:10-11-1 - Definition of Animal husbandry [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 28 Ok Reg 36, eff 8-17-10 (emergency)1; Reserved at 28 Ok Reg 577, eff 2-22-11 through 7-14-11 (emergency)2
1The emergency action adding this section (775:10-11-1 ) on 8-17-10 was superseded by a later emergency action reserving the Section on 2-22-11, effectively terminating the earlier 8-17-10 action.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action reserving a Section, the reservation is no longer effective.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 12 - Equine Teeth Floating [Expired] › Section 775:10-12-1 - Application for certification [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 28 Ok Reg 36, eff 8-17-10 (emergency)1; Reserved at 28 Ok Reg 577, eff 2-22-11 through 7-14-11 (emergency)2
1The emergency action adding this section (775:10-12-1 ) on 8-17-10 was superseded by a later emergency action reserving the Section on 2-22-11, effectively terminating the earlier 8-17-10 action.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action reserving a Section, the reservation is no longer effective.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 12 - Equine Teeth Floating [Expired] › Section 775:10-12-2 - Issuance of a certificate; renewal of certificate (voluntary); continuing education requirements [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 28 Ok Reg 54, eff 8-30-10 (emergency)1; Reserved at 28 Ok Reg 577, eff 2-22-11 through 7-14-11 (emergency)2
1The emergency action adding this section (775:10-12-2 ) on 8-30-10 was superseded by a later emergency action reserving the Section on 2-22-11, effectively terminating the earlier 8-30-10 action.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action reserving a Section, the reservation is no longer effective.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 10 - Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians › Subchapter 12 - Equine Teeth Floating [Expired] › Section 775:10-12-3 - Maintenance of records and administration of drugs [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 28 Ok Reg 54, eff 8-30-10 (emergency)1; Reserved at 28 Ok Reg 577, eff 2-22-11 through 7-14-11 (emergency)2
1The emergency action adding this section (775:10-12-3 ) on 8-30-10 was superseded by a later emergency action reserving the Section on 2-22-11, effectively terminating the earlier 8-30-10 action.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action reserving a Section, the reservation is no longer effective.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 1 - Purpose and Definitions › Section 775:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter sets forth the procedures of the Board used in the investigation of and hearings held for complaints and individual proceedings.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 1 - Purpose and Definitions › Section 775:15-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act"
means the Oklahoma Veterinary Practice Act, 59 O.S. Sec. 698.1, et seq.
"APA"
means Article I and/or Article II of the Oklahoma Administrative Procedures Act,
75 O.S. Sec. 250, et seq.
"Board"
means the Board of Veterinary Examiners.
"Citizen complaint"
means refers to a written or oral statement of complaint from any person of a possible violation of the Act or rules of the Board and which is then available for investigation by the Board's staff.
"Complaint"
means a written statement of alleged violation of the Act and/or rules of the Board by any person and which is filed with the Secretary-Treasurer in anticipation of the issuance of a citation. This definition is distinct from citizen complaint.
"Defendant"
means the person against whom an individual proceeding is initiated.
"Executive Director"
means the Executive Director of the Board.
"Hearing"
means the trial mechanism employed by the Board to provide due process to a defendant in an individual proceeding.
"Hearing Examiner"
means an Oklahoma licensed attorney who assists and advises the Board regarding legal matters in the conduction of an individual proceeding.
"Individual proceeding"
means the formal process by which the Board undertakes administrative disciplinary action against a person licensed or certified by the Board in accordance with the Act and the APA.
"Plaintiff"
means the State Of Oklahoma ex rel. Oklahoma State Board of Veterinary Medical Examiners.
"Secretary-Treasurer"
means the Secretary-Treasurer of the Board.
"Staff"
means employees of the Board or other persons specifically authorized to investigate complaints.
Added at 17 Ok Reg 1431, eff 5-11-00; Amended at 26 Ok Reg 959, eff 4-30-09
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-1 - Investigations

Current through Vol. 41, No. 20, July 1, 2024
Any person may file a citizen complaint with the Board in regard to any person licensed or certified by the Board or any person otherwise under the Board's statutory jurisdiction. Citizen complaints may be written or oral. The Staff may require complainants to reduce oral complaints to writing if such would facilitate review of the complaint. The Staff shall investigate all facially credible citizen complaints over which the Board would reasonably have jurisdiction. In addition, the Staff may refer complaints to other entities, such as the Oklahoma State Bureau of Investigation, Oklahoma Bureau of Narcotics and Dangerous Drugs, other law enforcement agency, or appropriate district attorney, for action when such other entity has jurisdiction.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-2 - Recusal of the Secretary-Treasurer

Current through Vol. 41, No. 20, July 1, 2024
It is the determination of the Board to use the Secretary-Treasurer's professional knowledge, training and experience in the investigation of complaints presented to the Board. In the event the Secretary-Treasurer is unable to participate in the investigation, for any reason, the President of the Board shall designate another Board member to assist in the investigation. The Secretary-Treasurer shall not participate in any other capacity in any hearing concerning a matter investigated by the agency for possible disciplinary action. No person designated to substitute for the Secretary-Treasurer in an investigation shall participate in any other capacity in an administrative proceeding. The President of the Board shall, as needed, request from the Office of the Governor the appointment of a pro-tempore Board member for any recused Board member.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-3 - Complaint and citation

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual proceeding, whether propounded by the Board or by a citizen complainant shall be initiated by the filing of a sworn formal complaint with the President or Secretary/Treasurer of the Board. The formal complaint shall contain a brief statement setting forth the allegations which are the basis of the formal complaint and naming the person against whom the complaint is made. The formal complaint shall set forth all notice and hearing requirements of the APA.
(b) After a formal complaint has been filed in accordance with (a) of this section, the President, Secretary-Treasurer or his/her designee shall review the formal complaint and may issue a citation notifying the person named in the formal complaint of said filing and the date and place of the hearing.
(c) The decision whether to issue a citation shall be left to the discretion of the President, Secretary-Treasurer or his/her designee.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-4 - Emergency temporary suspension

Current through Vol. 41, No. 20, July 1, 2024
The Secretary-Treasurer of the Board, or his/her designee, upon concurrence of the President or his/her designee, based upon clear and convincing evidence that an emergency exists for which the immediate suspension of a license or certificate is imperative to protect the public or animal health, safety and welfare, or where a person under the jurisdiction of the Board is convicted of any felony, may conduct a hearing as contemplated by 75 O.S. §
									314 and §314.1 of the A.P.A. and 59 O.S. § 698, 14(a)(G) of the Veterinary Practice Act, to temporarily suspend the license or certificate of any person under the jurisdiction of the Board upon a showing of clear and convincing evidence of unprofessional conduct; provided, any such action temporarily suspending said license or certificate is taken simultaneously with proceedings for setting a formal hearing before the Board en banc to be held within (30) days after summary temporary suspension.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-5 - Hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
The Board may, upon the initiation of an individual proceeding, direct that a hearing examiner be used to hear matter in an individual proceeding as set forth in this section. The duties of the hearing examiner in an individual proceeding shall be:
(1) to hear and rule upon discovery disputes;
(2) to hear and rule upon motions in limine;
(3) to review and rule upon motions to dismiss;
(4) to hear and rule upon motions for continuance;
(5) to hear and rule upon other preliminary motions; and
(6) at the hearing:
(A) to mark and admit or deny exhibits;
(B) to rule upon objections or motions raised during the hearing; and
(C) to direct the orderly presentation of witnesses, exhibits and arguments.
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-6 - Response to a formal complaint

Current through Vol. 41, No. 20, July 1, 2024
(a) The defendant shall file a written response to the formal complaint with the Board within twenty (20) days after service of the formal complaint. If a response is not filed, the defendant may be considered in default. At the hearing, in the event the defendant does not appear and has not responded to the formal complaint, the Board may accept the allegations set forth in the formal complaint as true. Further, the Board may impose disciplinary action against the defendant based upon the unanswered allegations in the formal complaint, which may include any sanction authorized by law, as appropriate, including revocation.
(b) The hearing examiner may, upon request, extend the time within which the defendant must respond to the complaint.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-7 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the filing of a formal complaint, the hearing examiner may schedule and conduct a prehearing conference. Attendance at the conference by the prosecuting attorney and defendant or defendant's attorney is mandatory. The prehearing conference shall be scheduled approximately twenty (20) days after the initiation of the individual proceeding.
(b) Upon the date of the scheduled prehearing conference, there shall be determined deadline dates for the exchange of witness and exhibit lists, discovery cut-off, filing of dispositive motions, and the hearing date for the individual proceeding, all memorialized in an executed scheduling order.
(c) Continuances are disfavored by the Board. If either party seeks a continuance, the party shall specify to the hearing examiner the basis for such motion at any time prior to the hearing. The hearing examiner may confer with both parties by telephonic conference call and then rule upon the motion. If a party requests a continuance and the other party does not object, a continuance may be granted without further review.
(d) The parties are required to confer to formulate a statement of stipulations in the case. The Board prefers stipulations to be reached by the close of discovery, with a written statement of stipulations to be filed in the matter within five (5) days of the close of discovery. In no event shall the parties fail to provide a statement of stipulations later than five (5) days prior to the hearing date, if applicable.
Added at 17 Ok Reg 1431, eff 5-11-00; Amended at 22 Ok Reg 990, eff 5-12-05
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-8 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Discovery shall be limited to those procedures authorized by the APA. In the event either party seeks to expand the scope of discovery to procedures other than those authorized by the APA, such shall be allowed only upon the agreement of the other party or where necessary to preserve the interests of justice.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-9 - Motions prior to hearing

Current through Vol. 41, No. 20, July 1, 2024
Every motion in the individual proceeding shall be filed with the Board and heard by the hearing examiner. The hearing examiner may schedule oral argument on the motion or may rule based upon written argument only, at the discretion of the hearing examiner. The ruling of the hearing examiner shall be reduced to writing and may be appealed to the Board prior to the hearing. In the event the appeal of such a ruling is set for the day of the hearing, it shall be presented to the Board prior to the hearing on the merits.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-10 - Procedure of the hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Immediately prior to calling the first case at a meeting of the Board during which hearings shall be held, the President or the hearing examiner at the designation of the President shall conduct a docket call, in which cases to be heard by the Board shall be scheduled. Scheduling may take into consideration factors such as the anticipated length of a hearing, whether a matter is contested or uncontested, and, if necessary, special requirements of the parties or witnesses.
(b) Each hearing shall be conducted in an orderly manner and shall be presided over by the President. In the event of the absence of the President, the Vice-President or designee of the President shall preside.
(c) The burden of proof shall be upon the plaintiff, State of Oklahoma ex rel. Oklahoma State Board of Veterinary Medical Examiners by clear and convincing evidence.
(d) Rules of evidence shall be those authorized by the APA.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-11 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
Any defendant who fails to appear as directed, after first having received proper notice, shall be deemed to have waived his or her right to present a defense to the charges alleged in the complaint. The Board may accept the allegation of the complaint as true and correct as alleged. Thereupon, the Board may vote to take disciplinary action upon the allegation of the complaint, as appropriate to the nature of the allegations.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-12 - Opening statements and closing arguments

Current through Vol. 41, No. 20, July 1, 2024
The Board will hear, at the request of either party in a hearing, opening statements and/or closing arguments. Parties are required to keep statements and arguments as brief as possible. Each party shall be entitled to five (5) minutes for opening statement and ten (10) minutes for closing arguments. The defendant may present his or her opening statement after the plaintiff rests its case and prior to the presentation of the defense.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-13 - Deliberations

Current through Vol. 41, No. 20, July 1, 2024
Following the conclusion of the presentation of evidence and closing arguments, if any, the Board may engage in deliberations of the matter. The Board may, if it so votes and has given proper notice under the Open Meeting Act, enter executive session for deliberations. The Board shall return to open session to vote and render a decision.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-14 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) Subpoenas to compel the attendance of witnesses, for the furnishing of information required by either party in the case, and/or for the production of evidence or records of any kind allowable by the APA may be issued by the Executive Director, the Hearing Examiner, or upon request by the attorney for either party. Subpoenas shall be served, and a return made, in any manner prescribed by general civil law.
(b) The cost of any subpoena issued by the Board shall be borne by the party which sought to obtain the subpoena. In the event a sanction is imposed by the Board following a hearing, the costs of subpoenas issued may be included in the costs imposed against the defendant.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-15 - Answer to subpoena

Current through Vol. 41, No. 20, July 1, 2024
Upon the failure of any person to obey a subpoena, upon the refusal of any witness to be sworn or make an affirmation or to answer a question properly posed, the Board may authorize the initiation of judicial proceedings under the laws of the State for an order to compel compliance with the subpoena or the giving of testimony. The hearing shall proceed while such action is pending so far as is possible, but the Board or the Hearing Examiner, at any time, may continue the proceedings for such time as may be necessary to secure a final ruling in the compliance proceeding.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-16 - Hearing record

Current through Vol. 41, No. 20, July 1, 2024
(a) A record of the hearing, by means of tape recording, shall be made of all hearings conducted by the Board. The record of the proceeding shall not be transcribed except upon written application of the party seeking transcription and the payment of a deposit sufficient to cover the costs of transcription. The Staff shall then make appropriate arrangements with a certified court reporter to transcribe the hearing.
(b) A defendant may, at his or her own expense, arrange for a record of the hearing to be made by a court reporter.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-17 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
Upon completion of the hearing and the rendering of a decision by the Board, the prevailing party shall reduce the Board's decision to writing, obtain the signature of the opposing party or opposing party's counsel, and provide the order to the Board for the Signature of the President or designee. The order shall contain Findings of Fact, Conclusions of Law, separately stated, as well as the order of the Board.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 3 - Investigations and Disciplinary Actions › Section 775:15-3-18 - Petitions for rehearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A petition for rehearing is not required before an appeal may be filed in accordance with the APA. 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. The petition for rehearing must be signed by the party or the party's counsel and must set forth with particularity the grounds upon which it is based. A petition for rehearing based upon fraud by any party or procurement of the order by perjured testimony or fictitious evidence may be filed at any time.
(b) The Board shall not conduct a rehearing of a decision more than one time and shall limit the reconsideration of its decision on a rehearing to the findings of fact, conclusions of law, and imposition of terms, sanctions or other directions as set forth in the order.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 5 - Costs › Section 775:15-5-1 - Costs

Current through Vol. 41, No. 20, July 1, 2024
In the event disciplinary action is imposed against the defendant of an individual proceeding, the Board may require the defendant to reimburse the Board for its actual costs in the investigation and prosecution of the disciplinary action. Such costs shall include, but not be limited to:
(1) staff time and expenses
(2) salary expenses
(3) travel expenses
(4) witness fees and expenses
(5) attorney fees and expenses
(6) long distance telephone charges
(7) copy costs
(8) court reporter fees, if applicable
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 5 - Costs › Section 775:15-5-2 - Deferral of payment of fees

Current through Vol. 41, No. 20, July 1, 2024
All requests for a deferral of fee payments as a result of financial hardship shall be made in writing to the Board by the requesting party. The requester shall specify the nature of his/her inability to make timely payment. All requests for deferral of payment shall include copies of the requester's most recent state and federal income tax returns. The Board shall act upon the request at a meeting of the Board. State and federal income tax forms submitted to the Board in support of a request hereunder shall be kept confidential by the Board.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 7 - Other Disciplinary Mechanisms › Section 775:15-7-1 - Voluntary submission to jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
In lieu of taking a complaint to administrative hearing, the Board may accept a voluntary submission to jurisdiction entered into by the plaintiff and the defendant. The submission may be made to resolve a complaint pending before the Board on any matter in which the parties can reach an agreement. The voluntary submission shall not be binding on the Board or defendant until voted upon and approved by the Board at a meeting of the Board. Once approved by the Board, the voluntary submission shall be binding upon the defendant as though rendered following an administrative hearing.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 15 - Investigations and Disciplinary Actions › Subchapter 7 - Other Disciplinary Mechanisms › Section 775:15-7-2 - Letters of concern

Current through Vol. 41, No. 20, July 1, 2024
(a) The Secretary-Treasurer is hereby authorized, in the exercise of his/her sound discretion, to issue a letter of concern to a licensee of the Board whose conduct does not warrant formal disciplinary action by the Board, but whose action does warrant written notice to the licensee that the licensee's action raises a serious question about a violation of the Act or rules of the Board.
(b) A letter of concern may be used in a subsequent disciplinary action as appropriate.
(c) Letters of concern shall be confidential.
Added at 17 Ok Reg 1431, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 20 - Minimum Standards for Veterinary Premises › Section 775:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter set forth the minimum standards for veterinary premises.
Added at 17 Ok Reg 1435, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 20 - Minimum Standards for Veterinary Premises › Section 775:20-1-2 - Building and grounds standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Buildings and grounds at which animals are accepted for veterinary medical services shall be constructed and maintained in accordance with applicable federal, state and local building, zoning, and health department regulations.
(b) Fire prevention measures shall meet state and local fire codes.
(c) The veterinary medical premises shall be identifiable as a veterinary medical facility during all hours in which services are available. If the premise is to remain open to the public at night, outside lighting to identify the premises shall be maintained.
Added at 17 Ok Reg 1435, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 20 - Minimum Standards for Veterinary Premises › Section 775:20-1-3 - Equipment standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Each veterinary premise shall be equipped with adequate diagnostic and treatment equipment and supplies to provide the services offered at a level consistent with the standards of veterinary practice within the community in which the premise is located.
(b) Each veterinary medical premise shall meet manufacturers label requirements for biologics and other supplies and medications requiring temperature control.
(c) Oxygen and/or ventilation equipment and supplies for administration shall be readily available any time general anesthesia is to be administered to a small animal.
(d) Premises offering surgery shall have properly sterilized surgical supplies and instruments.
(e) An individual compartment of adequate size shall be provided on the premises for each small animal being housed.
Added at 17 Ok Reg 1435, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 20 - Minimum Standards for Veterinary Premises › Section 775:20-1-4 - Housekeeping standards

Current through Vol. 41, No. 20, July 1, 2024
(a) All areas of the veterinary medical grounds, buildings and facilities shall be kept clean and free of refuse.
(b) Floors, countertops, tables, sinks, and similar equipment and fixtures shall be cleaned and disinfected after contact with any internal organ, body fluid or other bodily discharge of a patient.
(c) Examination tables, surgery tables, anesthetic equipment, and all indoor animal compartments shall be cleaned and disinfected after each patient use with disinfectants capable of eliminating harmful viruses and bacteria.
(d) Indoor animal compartments and exercise runs shall be cleaned at least once a day when in use.
(e) Outdoor animal compartments shall be cleaned regularly.
(f) Ventilation and cleaning shall be routinely provided to keep odors from lingering in the rooms. Noxious odors, gases and vapors shall not exceed the most recent American Conference of Governmental Industrial Hygienists threshold limit values in parts per million in any one room when sampled by a singular draw per room from no less than a manually operated bellows pump or similar equipment specifically designed to measure concentrations of gases and vapors.
Added at 17 Ok Reg 1435, eff 5-11-00
Oklahoma Administrative Code › Title 775 - Board of Veterinary Medical Examiners › Chapter 20 - Minimum Standards for Veterinary Premises › Section 775:20-1-5 - Mobile clinics

Current through Vol. 41, No. 20, July 1, 2024
(a) A mobile clinic is a self-contained trailer, van, or mobile home not attached to the ground designed to function as a clinic.
(b) All facility, housekeeping and equipment standards enumerated in this Chapter for fixed site clinics shall be applicable to mobile clinics.
(c) All mobile clinics shall be equipped with:
(1) Hot and cold water source.
(2) Collection tank for the disposal of waste materials.
(3) A power source to operate all diagnostic equipment.