ENGROSSED SENATE
BILL NO. 2086 	By:	Marlatt of the Senate

			and

		Denney of the House

[ professions and occupations - Oklahoma Veterinary Practice Act - recognizing Program for the Assessment of Veterinary Equivalency (PAVE) - codification - 		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2001, Section 698.2, as amended by Section 1, Chapter 172, O.S.L. 2002 (59 O.S. Supp. 2009, Section 698.2), is amended to read as follows:
Section 698.2  As used in the Oklahoma Veterinary Practice Act:
1.  “Board” means the State Board of Veterinary Medical Examiners;
2.  “Animal” means any animal other than humans and includes, but is not limited to, fowl, fish, birds and reptiles, wild or domestic, living or dead;
3.  “Veterinarian” means a person who has received a degree in veterinary medicine or its equivalent from a school of veterinary medicine;
4.  “Licensed veterinarian” means any veterinarian who holds an active license to practice veterinary medicine in this state;
5.  “School of veterinary medicine” means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent, which conforms to the standards required for accreditation by the American Veterinary Medical Association (AVMA) and which is recognized and approved by the Board;
6.  “Veterinary technician” means a person who has graduated from a program accredited by the American Veterinary Medical Association, or its equivalent which is recognized and approved by the Board, and who has passed the examination requirements set forth by the Board, is certified to practice under the direct supervision of a licensed veterinarian.  For the purpose of the Oklahoma Veterinary Practice Act, "registered veterinary technician (RVT)" will be used interchangeably with veterinary technician who is certified pursuant to Sections 698.21 through 698.26 of this title;
7.  "Veterinary technologist" means a person who has successfully graduated from an AVMA-accredited bachelor degree program of veterinary technology, or its AVMA equivalent;
8.  "Veterinary assistant" means an individual who may perform the duties of a veterinary technician or veterinary technologist, however, has not graduated from an AVMA-accredited technology program or its equivalent, and has not been certified by the Board;
9.  "Veterinary technology" means the science and art of providing all aspects of professional medical care, services, and treatment for animals with the exception of diagnosis, prognosis, surgery, and prescription of any treatments, drugs, medications, or appliances, where a valid veterinarian-client-patient relationship exists;
10.  “Direct supervision” means:
a.	directions have been given to a veterinary technician, nurse, laboratory technician, intern, veterinary assistant or other employee for medical care following the examination of an animal by the licensed veterinarian responsible for the professional care of the animal, or
b.	that, under certain circumstances following the examination of an animal by a licensed veterinarian responsible for the professional care of the animal, the presence of the licensed veterinarian on the premises in an animal hospital setting or in the same general area in a range setting is required after directions have been given to a veterinarian who has a certificate issued pursuant to Section 698.8 of this title;
11.  “License” means authorization to practice veterinary medicine granted by the Board to an individual found by the Board to meet certain requirements pursuant to the Oklahoma Veterinary Practice Act or any other applicable statutes;
12.  “Supervised Doctor of Veterinary Medicine Certificate” means authorization to practice veterinary medicine with certain limitations or restrictions on that practice, set by the Board or authorization to perform certain enumerated functions peripheral to the practice of veterinary medicine as set by the Board and has a certificate issued pursuant to Section 698.8 of this title;
13.  “Veterinarian-client-patient relationship” means when:
a.	the licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal or animals and the need for medical treatment, and the client, owner or other caretaker has agreed to follow the instructions of the licensed veterinarian; and
b.	there is sufficient knowledge of the animal or animals by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal or animals in that:
(1)	the licensed veterinarian has recently seen or is personally acquainted with the keeping and care of the animal or animals, or
(2)	by medically necessary and timely visits to the premises where the animal or animals are kept or both, and
c.	the licensed veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy, or has arranged for emergency medical coverage, and
d.	would conform to applicable federal law and regulations;
14.  “Veterinary premises” means any facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile unit, mobile clinic, outpatient clinic, satellite clinic, public service outreach of a veterinary facility, or veterinary hospital or clinic.  The term “veterinary premises” shall not include the premises of a client of a licensed veterinarian or research facility;
15.  “Veterinary prescription drugs” means such prescription items as are in the possession of a person regularly and lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of veterinary drugs and the federal Food and Drug Administration-approved human drugs for animals which because of their toxicity or other potential for harmful effects, or method of use, or the collateral measures necessary for use, are labeled by the manufacturer or distributor in compliance with federal law and regulations to be sold only to or on the prescription order or under the supervision of a licensed veterinarian for use in the course of professional practice.  Veterinary prescription drugs shall not include over-the-counter products for which adequate directions for lay use can be written.
16.  “ECFVG certificate” means a certificate issued by the American Veterinary Medical Association Education Commission for Foreign Veterinary Graduates, indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine;
17.  “Executive Director” means the Executive Director of the State Board of Veterinary Medical Examiners or the authorized representative of such official;
18.  “Telemedicine” shall mean the transmission of diagnostic images such as, but not limited to, radiographs, ultrasound, cytology, endoscopy, photographs and case information over ordinary or cellular phone lines to a licensed veterinarian or board-certified medical specialist for the purpose of consulting regarding case management with the primary care licensed veterinarian who transmits the cases;
19.  “Person” means any individual, firm, partnership, association, joint venture, cooperative, corporation, or any other group or combination acting in concert, and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, fictitious name certificate, or any other representative of such person;
20.  “Food animal” means any mammalian, poultry, fowl, fish, or other animal that is raised primarily for human food consumption;
21.  “Surgery” means the branch of veterinary science conducted under elective or emergency circumstances, which treats diseases, injuries and deformities by manual or operative methods including, but not limited to, cosmetic, reconstructive, ophthalmic, orthopedic, vascular, thoracic, and obstetric procedures.  The provisions in Section 698.12 of this title shall not be construed as surgery;
22.  “Abandonment” means to forsake entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or the owner’s agent.  Abandonment shall constitute the relinquishment of all rights and claims by the owner to an animal;
23.  “Animal chiropractic diagnosis and treatment” means treatment that includes vertebral subluxation complex (vcs) and spinal manipulation of nonhuman vertebrates.  The term “animal chiropractic diagnosis and treatment” shall not be construed to allow the:
a.	use of x-rays,
b.	performing of surgery,
c.	dispensing or administering of medications, or
d.	performance of traditional veterinary care; and
24.  “Animal euthanasia technician” means an employee of a law enforcement agency, an animal control agency, or animal shelter that is recognized and approved by the Board, who is certified by the Board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals; and
25.  “PAVE Program certificate” means a certificate issued by the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence for foreign veterinary graduates, indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 698.13a of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The PAVE Program certificate is designed to fulfill the licensing requirements of the American Association of Veterinary State Boards (AAVSB) for foreign veterinary school graduates, and Oklahoma hereby recognizes foreign veterinary school graduates who successfully complete the PAVE Program certificate within the guidelines provided in this act as fulfilling the educational component requirement for state licensure established by the State Board of Veterinary Medical Examiners.
B.  A foreign graduate and participant in the PAVE Program may complete Step Four of the program for clinical evaluations in this state or in another accredited college or university within the United States or Canada.  Applicants must complete the following application requirements to be considered for the PAVE Program Step Four clinical evaluations offered by Oklahoma State University.  An applicant must:
1.  Submit a letter from the AAVSB/PAVE Office as proof that the applicant is registered in the PAVE Program and has completed the required steps and has successfully completed the Qualifying Examination including dates taken and scores received;
2.  Submit a completed PAVE application form, letter of intent and curriculum vitae;
3.  Submit a notarized copy of the applicant’s diploma awarded by a college of veterinary medicine, or its equivalent, and a notarized copy of the applicant’s transcript including all courses taken during professional training including an English translation, if necessary;
4.  Be fluent in both written and spoken English.  Results of the English fluency examinations must be submitted with the application, when applicable;
5.  Submit three letters of recommendation, sent directly to Oklahoma State University Department of Veterinary Clinical Sciences, by individuals living in the United States or Canada who can adequately evaluate the applicant’s clinical abilities; and
6.  Provide evidence of legal residency within the United States for the duration of the program.  Only U.S. citizens or those persons holding appropriate visas or permits will be considered for admission to Step Four of the PAVE Program offered through the Oklahoma State University.
C.  Oklahoma State University will review only applicants who have completed all application steps and have experience working at a veterinary hospital in the United States or Canada.  It is strongly recommended that applicants have hands-on experience through either work experience or volunteering of twenty to thirty (20-30) hours or more per week under the supervision of North American educated veterinarians for one (1) year or more.  Applicants are ranked according to the applicant’s exam scores, grade point, letters of reference and experience.  Applicants being considered for admittance into Step Four of the PAVE Program for clinical evaluations offered through the Oklahoma State University Department of Veterinary Clinical Sciences must attend an interview, at applicant’s expense, with the ECFVG-PAVE Committee of Oklahoma State University for final acceptance into Step Four of the PAVE program offered through Oklahoma State University Department of Veterinary Clinical Sciences.
D.  Applicants who do not meet the application requirements will not be considered eligible for admission to the clinical evaluation portion of the PAVE Program offered through the Oklahoma State University Department of Veterinary Clinical Sciences.
E.  The Pave Program clinical evaluation Step Four portion of the program shall consist of forty-eight (48) weeks of veterinary clinical rotations held to the same standard as students regularly enrolled in Oklahoma State University who receive their Doctor of Veterinary Medicine degree from the University.  The PAVE Program fee is equal to the out-of-state tuition rate of the Oklahoma State University Department of Veterinary Clinical Sciences.  PAVE participants are not Oklahoma State University students and are not eligible for certain student benefits or federal financial aid or loans.  Selected candidates for Step Four of the PAVE Program are personally responsible for all financial aspects of participation in the PAVE Program including, but not limited to, program fees, housing, parking, medical insurance, and rabies vaccines.  It is preferable that the participant have the rabies vaccine prior to starting Step Four of the PAVE Program.  Participants are to provide their own instruments and uniforms.  Oklahoma State University provides no liability insurance and accepts no liability for the actions of these participants or the death or injury to these participants.  Each participant will be required to accept and sign a liability release statement.
F.  As used in this section, “clinical rotations” means instruction and hands-on participation in courses of internal medicine, community practice, small animal surgery including, but not limited to, orthopedics and soft tissue, neurology, production medicine, equine medicine and equine surgery, radiology, anesthesia, critical care, clinical pathology, public health, necropsy, clinical microbiology, and other elective rotations established by the Department of Veterinary Clinical Sciences. 
G.  Participants in Step Four of the PAVE Program must agree to perform the same duties required of a regularly enrolled senior veterinary students assigned to rotations in the Oklahoma State University Department of Veterinary Clinical Sciences.  PAVE participants are required to participate in night and emergency duty as required.  PAVE participants will receive a written evaluation at the end of each rotation.  If a poor or failing evaluation is received, the participant will need to repeat the rotation.  If a participant receives three failing or unsatisfactory evaluations, the participant must be immediately dismissed from the clinical evaluation portion of the PAVE Program.  No university credit is awarded for the PAVE Program.  Participants who successfully complete this training program will be awarded a certificate of completion by the Oklahoma State University Department of Veterinary Clinical Sciences as evidence of completion of Step Four of the PAVE Program certification process.
H.  To be considered for Oklahoma licensure as a licensed veterinarian pursuant to a successfully completed PAVE Program certificate, applicants who are foreign graduates of veterinary schools must:
1.  Graduate from Step Four of the PAVE Program for their clinical evaluation portion offered through an accredited college or university of veterinary medicine in North America recognized by the State Board of Veterinary Medical Examiners;
2.  Must maintain a satisfactory grade in each class or course attempted as determined acceptable by the State Board of Veterinary Medical Examiners;
3.  Must successfully pass the National American Veterinary Licensing Examination (NAVLE) sponsored by the American Association of Veterinary State Boards;
4.  Must be a resident of Oklahoma and a United States citizen or possess the appropriate visas or permits to remain in the United States;
5.  Must be fluent in writing and speaking English; and
6.  Must successfully complete all other application, eligibility and licensing requirements established by the State Board of Veterinary Medical Examiners.
I.  The State Board of Veterinary Medical Examiners pursuant to the Oklahoma Veterinary Practice Act and the Oklahoma State University shall promulgate rules and forms deemed appropriate or necessary to implement and carry out the provisions of this act.
SECTION 3.  This act shall become effective November 1, 2010.
Passed the Senate the 4th day of March, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2010.

	
Presiding Officer	of the House
	of Representatives