Bill Text: OH SB217 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require the State Veterinary Medical Licensing Board to inspect the place of business of a person that is licensed, registered, or permitted under the Veterinarians Law and to establish requirements and procedures for those inspections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-10-29 - To Agriculture [SB217 Detail]

Download: Ohio-2013-SB217-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 217

Senator Kearney 

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A BILL

To amend sections 4741.01, 4741.03, and 4741.26 of

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the Revised Code to require the State Veterinary

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Medical Licensing Board to inspect the place of

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business of a person that is licensed, registered,

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or permitted under the Veterinarians Law and to

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establish requirements and procedures for those

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inspections.

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

Section 1. That sections 4741.01, 4741.03, and 4741.26 of the	8
Revised Code be amended to read as follows:	9

Sec. 4741.01.  As used in this chapter:

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(A) "Animal" means any animal other than a human being and	11
includes fowl, birds, fish, and reptiles, wild or domestic, living	12
or dead.	13

(B) The "practice of veterinary medicine" means the practice	14
of any person who performs any of the following actions:	15

(1) Diagnoses, prevents, or treats any disease, illness,	16
pain, deformity, defect, injury, or other physical, mental, or	17
dental condition of any animal;	18

(2) Administers to or performs any medical or surgical	19
technique on any animal that has any disease, illness, pain,	20
deformity, defect, injury, or other physical, mental, or dental	21
condition or performs a surgical procedure on any animal;	22

(3) Prescribes, applies, or dispenses any drug, medicine,	23
biologic, anesthetic, or other therapeutic or diagnostic	24
substance, or applies any apparatus for any disease, illness,	25
pain, deformity, defect, injury, or other physical, mental, or	26
dental condition of any animal;	27

(4) Uses complementary, alternative, and integrative	28
therapies on animals;	29

(5) Renders professional advice or recommendation by any	30
means, including telephonic or other electronic communication with	31
regard to any activity described in divisions (B)(1) to (4) of	32
this section;	33

(6) Represents the person's self, directly or indirectly,	34
publicly or privately, as having the ability and willingness to	35
perform an act described in divisions (B)(1) to (4) of this	36
section;	37

(7) Uses any words, letters, abbreviations, or titles in such	38
connection and under such circumstances as to induce the belief	39
that the person using them is engaged in the practice of	40
veterinary medicine.	41

(C) "Specialist" means a licensed veterinarian who is	42
certified by a veterinary specialty board of a professional	43
veterinary association recognized by rule of the state veterinary	44
medical licensing board.	45

(D) "Veterinary supervision" means instruction and directions	46
by a licensed veterinarian on the premises or by a licensed	47
veterinarian who is readily available to communicate with a person	48
requiring supervision.	49

(E) "Veterinary student" means a student enrolled in a	50
college of veterinary medicine or a veterinary technology college	51
approved by the board and who is working with a licensed	52
veterinarian.	53

(F) "Registered veterinary technician" means a person who is	54
a graduate of a veterinary technology college approved by the	55
state veterinary medical licensing board, has successfully passed	56
an examination approved by the board, and maintains registration	57
eligibility status in accordance with rules adopted by the board.	58

(G) "Animal aide" means a person who is employed by a	59
licensed veterinarian and supervised by a licensed veterinarian or	60
a registered veterinary technician to perform duties such as	61
record keeping, animal restraint, and such other duties that the	62
board, by rule, establishes. In adopting the rules, the board	63
shall include rules regarding the degree of supervision required	64
for each duty. The rules shall be consistent with generally	65
accepted standards of veterinary medical practice.	66

(H) "Advertising" means any manner, method, means, or	67
activity by which a practicing veterinarian, a practicing	68
veterinarian's partners, or associates, or any information in	69
reference to veterinary science, is made known to the public	70
through any use of motion pictures, newspapers, magazines, books,	71
radio, television announcements, or any other manner, method,	72
means, or activity which commercially publicizes the professional	73
image of the veterinarian.	74

(I) "Embryo transfer" means the removal of an embryo ovum	75
from the reproductive tract of an animal and its transfer to the	76
reproductive tract of another animal for the purpose of gestation	77
and birth.	78

(J) "Veterinary consultant" means a veterinarian who is not	79
licensed in this state and who provides advice and counsel to a	80
requesting veterinarian licensed in this state in regard to the	81
treatment, diagnosis, or health care of an animal or animals in a	82
specific case.	83

(K) "Direct veterinary supervision" means a licensed	84
veterinarian is in the immediate area and within audible range,	85
visual range, or both, of a patient and the person administering	86
to the patient.	87

(L) "Allied medical support" means a licensed dentist,	88
physician, chiropractor, or physical therapist who is in good	89
standing as determined under Chapter 4715., 4731., 4734., or 4755.	90
of the Revised Code, as applicable.	91

(M) "Veterinary-client-patient-relationship" means a	92
relationship that meets the requirements of section 4741.04 of the	93
Revised Code.	94

(N) "Licensed veterinarian" means a person licensed by the	95
board to practice veterinary medicine.	96

(O) "Client" means the patient's owner, owner's agent, or	97
other person responsible for the patient.	98

(P) "Veterinary technology" means the science and art of	99
providing professional support to veterinarians.	100

(Q) "Patient" means an animal that is examined or treated by	101
a licensed veterinarian.	102

(R) "Authorized agent" means a person who is currently or has	103
previously been licensed as a veterinarian or a person who is	104
currently or has previously been registered as a veterinary	105
technician in this state and has been hired by the state	106
veterinary medical board to conduct investigations and inspections	107
under section 4741.26 of the Revised Code.	108

Sec. 4741.03.  (A) The state veterinary medical licensing	109
board shall meet at least once in each calendar year and may hold	110
additional meetings as often as it considers necessary to conduct	111
the business of the board. The president of the board may call	112
special meetings, and the executive director shall call special	113
meetings upon the written request of three members of the board.	114
The board shall organize by electing a president and	115
vice-president from its veterinarian members and such other	116
officers as the board prescribes by rule. Each officer shall serve	117
for a term specified by board rule or until a successor is elected	118
and qualified. A quorum of the board consists of four members of	119
which at least three are members who are veterinarians. The	120
concurrence of four members is necessary for the board to take any	121
action.	122

(B) The board may appoint a person, not one of its members,	123
to serve as its executive director. The executive director is in	124
the unclassified service and serves at the pleasure of the board.	125
The executive director shall serve as the board's	126
secretary-treasurer ex officio. The board may employ additional	127
employees for professional, technical, clerical, and special work	128
as it considers necessary, including authorized agents. The	129
executive director shall give a surety bond to the state in the	130
sum the board requires, conditioned upon the faithful performance	131
of the executive director's duties. The board shall pay the cost	132
of the bond. The executive director shall keep a complete	133
accounting of all funds received and of all vouchers presented by	134
the board to the director of budget and management for the	135
disbursement of funds. The president or executive director shall	136
approve all vouchers of the board. All money received by the board	137
shall be credited to the occupational licensing and regulatory	138
fund.	139

(C) In addition to any other duty required under this	140
chapter, the board shall do all of the following:	141

(1) Prescribe a seal;

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(2) Accept and review applications for admission to an	143
examination in accordance with section 4741.09 of the Revised Code	144
and review the results of examinations taken by applicants in	145
accordance with rules adopted by the board.;	146

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

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(4) Maintain a register that records all applicants for a	148
certificate of license or a temporary permit, all persons who have	149
been denied a license or permit, all persons who have been granted	150
or reissued a license or permit, and all persons whose license or	151
permit has been revoked or suspended. The register shall also	152
include a record of persons licensed prior to October 17, 1975.	153

(5) Maintain a register, in such form as the board determines	154
by rule, of all colleges and universities that teach veterinary	155
medicine and veterinary technology that are approved by the board;	156

(6) Maintain a register, in a form that the board determines	157
by rule, of unannounced inspections and inspections resulting from	158
a written complaint that are conducted under section 4741.26 of	159
the Revised Code of any licensee's, permit holder's, or	160
registrant's place of business;	161

(7) Enforce this chapter, and for that purpose, make	162
investigations relative as provided in section 4741.26 of the	163
Revised Code;	164

(7)(8) Issue licenses and permits to persons who meet the	165
qualifications set forth in this chapter;	166

(8)(9) Approve colleges and universities whichthat meet the	167
board's requirements for veterinary medicine and associated fields	168
of study and withdraw or deny, after an adjudication conducted in	169
accordance with Chapter 119. of the Revised Code, approval from	170
colleges and universities whichthat fail to meet those	171
requirements;	172

(9)(10) Establish a list of practices and procedures to be	173
examined during inspections conducted under section 4741.26 of the	174
Revised Code, including standards of hygiene, protocols for	175
procedures, record keeping, maintenance of equipment, and training	176
on the use of equipment;	177

(11) Establish criteria for dismissing a complaint under	178
section 4741.26 of the Revised Code;	179

(12) Establish the pay scale for authorized agents;

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(13) Adopt rules, in accordance with Chapter 119. of the	181
Revised Code, whichthat are necessary for its government and for	182
the administration and enforcement of this chapter.	183

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

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(1) Subpoena witnesses and require their attendance and	185
testimony, and require the production by witnesses of books,	186
papers, public records, animal patient records, and other	187
documentary evidence and examine them, in relation to any matter	188
that the board has authority to investigate, inquire into, or	189
hear. Except for any officer or employee of the state or any	190
political subdivision of the state, the treasurer of state shall	191
pay all witnesses in any proceeding before the board, upon	192
certification from the board, witness fees and mileage in the	193
amount provided for under section 119.094 of the Revised Code.	194

(2) Examine and inspect books, papers, public records, animal	195
patient records, and other documentary evidence at the location	196
where the books, papers, records, and other evidence are normally	197
stored or maintained.	198

(E) All registers, books, and records kept by the board are	199
the property of the board and are open for public examination and	200
inspection at all reasonable times in accordance with section	201
149.43 of the Revised Code. The registers, books, and records are	202
prima-facie evidence of the matters contained in them.	203

Sec. 4741.26.  (A)(1) The state veterinary medical licensing	204
board shall enforce this chapter and for that purpose shall make	205
investigations relative thereto. Except as provided in this	206
division, in making any inspection pursuant to this chapter, the	207
board may enter and inspect, upon written notice of not less than	208
five days and during normal business hours, any licensee's, permit	209
holder's, or registrant's place of business. IfThe board may	210
enter and shall conduct random, unannounced inspections of twenty	211
per cent of all licensees', permit holders', and registrants'	212
places of business in this state each year. Each such place of	213
business shall be inspected at least once every five years. The	214
licensee, permit holder, or registrant shall pay a fee of two	215
hundred dollars for the inspection.	216

(2) If the board has knowledge or notice, pursuant to a	217
written complaint or any other written knowledge or notice by any	218
person as verified by the signature of that person, of a violation	219
of section 4741.18, 4741.19, or 4741.23 of the Revised Code, it	220
shall investigate and, upon probable cause appearing,. An	221
authorized agent shall meet in person with the complainant to	222
collect information regarding the complaint. The agent shall	223
deliver the information to the board for consideration. The board	224
shall do one of the following regarding the complaint:	225

(a) If the board determines that there is not probable cause	226
for the complaint, the board shall dismiss the complaint in	227
accordance with rules adopted under section 4741.03 of the Revised	228
Code and notify the complainant of the decision together with an	229
explanation of why the complaint was dismissed.	230

(b) If the board determines that there is probable cause for	231
the complaint, the board shall direct the executive director to	232
file a complaint and institute the prosecution of the offender. In	233

In conducting any investigation for a suspected violation of	234
this chapter, the board or its authorized agent does not have to	235
provide any prior written notice to the licensee, permit holder,	236
or registrant as long as the board provides a written	237
authorization for the investigation and the board or its	238
authorized agent provides the licensee, permit holder, or	239
registrant with a copy of the authorization at the time of the	240
investigation. When requested by the executive director, the	241
prosecuting attorney of a county or the village solicitor or city	242
director of law of a municipal corporation, wherein the violation	243
occurs shall take charge of and conduct the prosecution. The	244
attorney general or the attorney general's designated assistant	245
shall act as legal adviser to the board and shall render such	246
legal assistance as may be necessary.	247

(B) In addition to any other remedy the board may have	248
pursuant to law, if the board determines that any person is	249
practicing veterinary medicine without a license issued pursuant	250
to this chapter or is otherwise in violation of this chapter, the	251
board may, through its executive director, apply to a court having	252
jurisdiction in the county in which the offense occurred, for an	253
injunction or restraining order to enjoin or restrain the person	254
from further violations of this chapter. The attorney general	255
shall serve as the board's legal agent in the action.	256

Section 2.  That existing sections 4741.01, 4741.03, and	257
4741.26 of the Revised Code are hereby repealed.	258