Chapter 178 Oregon Laws 2003

AN ACT

SB 256

Relating to veterinary medicine; creating new provisions; amending ORS 686.010, 686.150, 686.260, 686.370, 686.410, 686.420 and 686.990; and repealing ORS 686.350.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Upon application, accompanied by payment of the fee adopted by the Oregon State Veterinary Medical Examining Board by rule, the board shall issue a veterinary technician license to any applicant who furnishes satisfactory evidence that the applicant has met the requirements for licensure as a veterinary technician established by the board by rule.

SECTION 2. ORS 686.010 is amended to read:

686.010. As used in this chapter, unless the context requires otherwise:

(1) “Animal medical problem” means any wound, injury, disease, discomfort, abnormality, deformity or defect of an animal.

(2) “Board” means the Oregon State Veterinary Medical Examining Board.

(3) “Veterinary college, or veterinary department of a university or college, of good standing and repute,” means any veterinary college or department of a university or college, legally organized, which is approved and placed on the accredited list by the board, but in any event the accreditation requirements of the board shall be no more restrictive than the accreditation standards of the American Veterinary Medical Association.

(4) “Veterinary technician” means an individual who has received a certificate in veterinary technology, or a comparable certificate, from a recognized college or university approved by the Oregon State Veterinary Medical Examining Board or an individual employed as a veterinary technician who has had at least four calendar years of on-the-job training in the technical procedures certified by a licensed veterinarian who presented the instruction.

SECTION 3. ORS 686.150 is amended to read:

686.150. If, pursuant to ORS 686.120 and 686.135, the Oregon State Veterinary Medical Examining Board determines that disciplinary action is necessary, the board[, with the concurrence of four members thereof, may do any or all of the following:] may take any or all of the following actions:

(1) Revoke, suspend or refuse to renew the license;

(2) Place the person on probation;

(3) Suspend execution of an order of the board;

(4) Place limitations on an individual’s license or permit to practice veterinary medicine in Oregon;

(5) Issue a reprimand or assess to the individual the costs of the disciplinary proceedings;

(6) Require board-approved community services; or

(7) Impose a civil penalty not to exceed $1,000 for each violation.

SECTION 4. ORS 686.260 is amended to read:

686.260. Upon the complaint of any citizen of this state, or upon its own initiative, the Oregon State Veterinary Medical Examining Board may investigate any alleged violation of this chapter. If after such investigation the board has reason to believe that any person is subject to prosecution criminally for the violation of this chapter, [it shall lay the facts before the proper district attorney] the board shall report the case to the appropriate district attorney or to the Attorney General.

SECTION 5. ORS 686.370 is amended to read:

686.370. (1) All applicants for a veterinary technician license shall be given a written examination to determine their knowledge of animal care, handling, basic comparative mammalian health records, applied clinical laboratory procedures and basic animal diseases and such other subjects as the Oregon State Veterinary Medical Examining Board deems advisable. The examination shall be designed to test both the scientific and practical knowledge of the applicants. The written examination shall be so conducted that the members of the board do not know the name of the applicant whose answers are being graded until after the judging or grading is completed.

(2) Veterinary technicians must have successfully passed an examination administered by the board. The board by rule may establish deadlines, scores, application procedures and other details.

SECTION 6. ORS 686.410 is amended to read:

686.410. (1) Each veterinarian or veterinary technician licensed in this state shall satisfactorily continue professional education in subjects related to the practice of veterinary medicine or the duties of a veterinary technician in order to be eligible for the renewal of a license to practice veterinary medicine or to act as a veterinary technician.

(2)(a) A person who is not actively practicing veterinary medicine may be issued an inactive license without meeting the requirements of ORS 686.110 (1)(c). An inactive license does not permit the holder to practice veterinary medicine actively.

(b) A person who practices veterinary medicine for more than 30 days in a calendar year is actively practicing veterinary medicine within the meaning of this subsection.

(3) The Oregon State Veterinary Medical Examining Board shall make rules:

(a) Prescribing the procedure and criteria for approval of continuing professional educational activities, including the number of hours of study necessary to constitute a professional educational unit and the number of professional educational units required annually for renewal of a license to practice veterinary medicine or to act as a veterinary technician.

(b) Prescribing the content of the form to be submitted to the board certifying completion of an approved professional educational activity.

(4) In adopting rules pursuant to subsection (3) of this section, the board shall consider:

(a) The need for formal, regularly scheduled professional educational activities.

(b) Alternate methods of study, including home study courses, seminars or other such activities for those persons who are unable to attend regularly scheduled activities.

(c) The necessity for examinations or other evaluation methods used to [assure] ensure satisfactory completion of the professional educational activity.

SECTION 7. ORS 686.420 is amended to read:

686.420. (1) By November 1 of each year, the Oregon State Veterinary Medical Examining Board shall mail notification to each holder of a license to practice veterinary medicine or to act as a veterinary technician that the license expires on the December 31 next following. This notice shall be sufficient if mailed to the last address filed with the board by the license holder. Appropriate forms for the presentation of evidence of professional activity shall be mailed with the notice of expiration.

[(2) The board shall adopt and publish rules setting the number of hours of professional educational activity to be required and the criteria by which professional educational activities are to be approved.]

[(3)] (2) The board shall determine whether the professional educational activity participated in by each applicant for license renewal is within the [established] criteria established under ORS 686.410. The board may excuse any applicant for license renewal from the professional educational activity requirement when the applicant makes a showing satisfactory to the board of exceptional circumstances which have prevented compliance.

[(4)] (3) Any person may renew a license that has expired for failure to comply with ORS 686.410 (1) by making written application for license renewal, presenting evidence of professional educational activity equivalent to that which would have been required had the license been renewed annually, and paying the current license renewal fee plus the delinquent fee set by the board.

SECTION 8. ORS 686.990 is amended to read:

686.990. Violation of ORS 686.020 (1) is [punishable, upon conviction, by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not exceeding one year, or by both] a Class A misdemeanor.

SECTION 9. Section 10 of this 2003 Act is added to and made a part of ORS chapter 686.

SECTION 10. In addition to any other sanction imposed by law, the Oregon State Veterinary Medical Examining Board may impose a civil penalty not to exceed $5,000 for each violation of ORS 686.020.

SECTION 11. ORS 686.350 is repealed.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

__________