Bill Text: OR SB646 | 2013 | Regular Session | Introduced

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Bill Title: Relating to veterinary facilities; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB646 Detail]

Download: Oregon-2013-SB646-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 273

                         Senate Bill 646

Sponsored by Senator WHITSETT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires veterinary facilities not controlled by individuals
licensed to practice veterinary medicine, surgery or dentistry to
obtain veterinary facility permit from Oregon State Veterinary
Medical Examining Board. Provides board regulatory authority over
veterinary facilities.
  Becomes operative January 1, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to veterinary facilities; creating new provisions;
  amending ORS 596.065, 596.220, 686.010, 686.085, 686.110,
  686.120, 686.132, 686.135, 686.150 and 686.255; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
DEFINITION OF 'VETERINARY FACILITY' + }

  SECTION 1. 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) - }  { +  (2) + } '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  { + Oregon State Veterinary
Medical Examining + } 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.
   { +  (3) 'Veterinary facility' means a for-profit or nonprofit
entity located in this state where persons practice veterinary
medicine, surgery or dentistry, as described in ORS 686.030, and
of which:
  (a) If the veterinary facility is a for-profit entity, a
majority of the controlling interest is vested in individuals who

are not licensed to practice veterinary medicine, surgery or
dentistry in this state; or
  (b) If the veterinary facility is a nonprofit entity, a
majority of the members of the governing body of the veterinary
facility are not licensed to practice veterinary medicine,
surgery or dentistry in this state. + }
  (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.

                               { +
LICENSING OF VETERINARY FACILITIES + }

  SECTION 2.  { + Section 3 of this 2013 Act is added to and made
a part of ORS chapter 686. + }
  SECTION 3.  { + (1) To operate a veterinary facility in this
state, a person must obtain and annually renew a valid veterinary
facility permit.
  (2) To obtain a veterinary facility permit, a person must file
a written application with the Oregon State Veterinary Medical
Examining Board on a form and in the manner prescribed by the
board by rule. At a minimum, an application filed under this
section must contain:
  (a) The name and address of the veterinary facility;
  (b) The name and address of each licensed veterinarian who
practices veterinary medicine, surgery or dentistry at the
veterinary facility; and
  (c) The name and address of each person that owns, operates or
controls the veterinary facility and, if the person or the
veterinary facility is a subsidiary of another entity, the name
and address of the parent entity.
  (3) The board shall adopt rules by which a person who holds a
veterinary facility permit:
  (a) Must update the information submitted under subsection (2)
of this section if that information changes; and
  (b) May annually renew the veterinary facility permit. + }

                               { +
GROUNDS FOR DISCIPLINE AND ENFORCEMENT + }

  SECTION 4. ORS 686.120 is amended to read:
  686.120. (1) With the consent of five members, the Oregon State
Veterinary Medical Examining Board may discipline in accordance
with ORS 686.150   { - any permit or license holder - }   { + a
holder of a license, veterinary facility permit or internship
license  + }under this chapter for unprofessional or dishonorable
conduct.
  (2) The board may discipline in accordance with ORS 686.150 any
 { - permit or - }  license  { + or internship license + } holder
who:
  (a) After undergoing a physical or mental health evaluation
ordered by the board, has been determined to have a physical
condition that makes the  { +  + }  { - permit or - }  license
 { + or internship license + } holder unable to safely conduct
the practice of veterinary medicine;
  (b) Has an impairment as defined in ORS 676.303;
  (c) Publicly professes to cure or treat diseases of a highly
contagious, infectious and incurable nature;
  (d) In any way cares or treats injury and deformity in such a
way as to deceive the public; or

  (e) Tests any horse, mule or ass for glanders, or cow or cattle
for tuberculosis, and knowingly, wrongfully and maliciously
states verbally or in writing that the animals are diseased or in
a disease-free condition contrary to the indication of the test
made.
   { +  (3) The board may discipline a holder of a veterinary
facility permit under this chapter if a person licensed to
practice veterinary medicine is not designated by the veterinary
facility to be responsible for the diagnosis or treatment of
animal medical problems at times when animals are on the premises
of the veterinary facility for the purpose of being diagnosed or
treated. + }
  SECTION 5. ORS 686.132 is amended to read:
  686.132. The Oregon State Veterinary Medical Examining Board
may refuse to issue or renew a license { + , veterinary facility
permit + } or   { - permit - }   { + internship license + } if it
finds that the applicant has committed any act or omission which
if committed by a licensee or permittee would constitute
unprofessional or dishonorable conduct under ORS 686.120, 686.130
or any rule of the board.
  SECTION 6. ORS 686.135 is amended to read:
  686.135. (1) When the Oregon State Veterinary Medical Examining
Board proposes to refuse to issue or renew a license { + ,
veterinary facility permit + } or   { - permit - }
 { + internship license + } under ORS 686.110 (1)(c), 686.120 or
686.130 or proposes to discipline
  { - any permit or license holder - }   { + a holder of a
license, veterinary facility permit or internship license + } in
accordance with the provisions of ORS 686.150, opportunity for
hearing shall be accorded as provided in ORS chapter 183.
  (2) Adoption of rules, conduct of hearings, issuance of orders
and judicial review of rules and orders shall be as provided in
ORS chapter 183.
  (3) Information that the board or a committee appointed by the
board obtains as part of an investigation into licensee { + ,
permittee + } or applicant conduct or as part of a contested case
proceeding, consent order or stipulated agreement involving
licensee { + , permittee + } or applicant conduct is confidential
as provided under ORS 676.175.
  SECTION 7. 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 may take any or all
of the following actions:
  (1) Revoke, suspend or refuse to renew the license { +  or
veterinary facility permit + };
  (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 - }  { +  internship license + } 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.

                               { +
FEES + }

  SECTION 8. ORS 686.255 is amended to read:
  686.255. (1) The Oregon State Veterinary Medical Examining
Board may impose fees for the following:
  (a) License { + , veterinary facility permit + } or
 { - permit - }  { +  internship license + } issuance or renewal.
  (b) Examination for licensure.
  (c) Temporary license.
  (d) Duplicate license.
  (e) Veterinary technician license.
  (f) Delinquent renewal.
  (g) Application and certification fee for certified euthanasia
technicians and employers.
  (h) Verification of a license of a veterinarian applying for
license under reciprocity with another state.
  (2) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees   { - and charges - } , the fees   { - and
charges - } established under this section   { - shall - }  { +
may + } not exceed the cost of administering the regulatory
program of the  { + Oregon State Veterinary Medical Examining + }
Board pertaining to the purpose for which the fee   { - or
charge - }  is established, as authorized by the Legislative
Assembly within the   { - board's - }  budget { +  of the Oregon
State Veterinary Medical Examining Board + }, as   { - the - }
 { +  that + } budget may be modified by the Emergency Board.

                               { +
CONFORMING AMENDMENTS + }

  SECTION 9. ORS 686.085 is amended to read:
  686.085. (1) Except as provided in subsections (3) and (4) of
this section, an applicant for a license shall serve an
internship of not less than one year following passage of the
examination required under ORS 686.075 before receiving a
license. The internship period may be served in any one of the
following ways:
  (a) By association with and under the supervision of a licensed
veterinarian engaged in the active practice of veterinary
medicine, surgery or dentistry in this state.
  (b) By engaging in some special form of educational, regulatory
or research work under the supervision of a veterinarian licensed
to engage in the practice of veterinary medicine, dentistry or
surgery in this state.
  (c) By engaging in livestock sanitary control work pursuant to
employment by the state, the federal government or a municipality
of this state.
  (2) Internship   { - permits - }   { + licenses + } shall be
issued for the purpose set forth in this section. No internship
 { - permit - }   { + license + } shall be valid for more than
two years but the period may be extended by the Oregon State
Veterinary Medical Examining Board for reason.
  (3) Time spent by an applicant while a veterinary student
engaged in any of the activities listed in subsection (1) of this
section may be counted toward the one-year internship required in
subsection (1) of this section, subject to the approval of the
board.
  (4) The requirements of this section shall not apply to
applicants who come within the provisions of ORS 686.065, or
applicants who hold a valid current license to practice
veterinary medicine in another state or territory of the United
States and who have actively practiced veterinary medicine in
such state or territory for not less than one year.
  SECTION 10. ORS 686.110 is amended to read:
  686.110. (1) A license or   { - permit - }   { + internship
license + } shall be renewed when the holder:
  (a) Requests renewal;
  (b) Pays a fee to the Oregon State Veterinary Medical Examining
Board to be determined pursuant to ORS 686.255; and
  (c) Presents evidence of participation in approved professional
educational activities during the previous year to the extent
established by the board.

  (2) Upon failure to pay renewal fees due to absence from the
state or for other reasons, a license may be renewed upon payment
of late fees set by the board.
  SECTION 11. ORS 596.220 is amended to read:
  596.220. (1) The State Department of Agriculture may deputize
certain veterinarians throughout the state to assist the State
Department of Agriculture in carrying out its duties. Such
veterinarians shall be known as deputy state veterinarians  { - .
They - }  { +  and + } shall be in the unclassified service of
the state or may furnish professional services to the department
as provided by ORS 596.225. To be eligible for appointment as a
deputy state veterinarian { + , + } a person shall be licensed to
practice veterinary medicine in Oregon or   { - hold a valid
temporary permit issued by the Oregon State Veterinary Medical
Examining Board as authorized by the provisions of ORS 686.065 or
686.085 - }   { + shall have been issued a temporary license to
practice veterinary medicine under ORS 686.065 or an internship
license under ORS 686.085 + }.
  (2) A person desiring an appointment as deputy state
veterinarian shall apply to the department on forms provided by
it. The department may require on the application all pertinent
information it deems necessary. In the discretion of the
department, veterinarians employed by the United States
Department of Agriculture, Bureau of Animal Industry, may be
appointed deputy state veterinarians without further requirement
if it appears to the department that any communicable or
contagious disease of livestock may be more effectively
controlled or eradicated by joint federal and state action.
  SECTION 12. ORS 596.065 is amended to read:
  596.065. (1)(a) The following vaccines or bacteriological or
biological products are deemed to be vaccines or products that
are a hazard to the livestock in this state:
  (A) Brucella Abortus Vaccine;
  (B) Hog Cholera Vaccine; and
  (C) Any biologic not approved for general use by the United
States Department of Agriculture.
  (b) In addition to the vaccines or products set forth in
paragraph (a) of this subsection, the State Department of
Agriculture, after consultation with the Oregon Veterinary
Medical Association, may from time to time enact and amend rules
containing a list of additional vaccines or other bacteriological
or biological products used or intended to be used for the
detection, prevention, mitigation, control, treatment or curing
of livestock diseases, whenever such vaccines or products are or
might become a hazard to the livestock in this state.
  (c) The biological product Brucella Abortus Antigen may only be
used by state veterinarians, federal veterinarians and deputy
state veterinarians, and may only be used for programs approved
by the State Veterinarian.
  (d) The biological product Equine Infectious Anemia Antigen may
only be used by the department's animal health division
laboratory personnel.
  (2) The department, when establishing a list under subsection
(1)(b) of this section, shall consider:
  (a) The possibility of dissemination of disease in this state
through the use of the vaccines or products.
  (b) The known effectiveness of the vaccines or products for the
purpose for which they are sold or recommended.
  (c) The existence of alternative vaccines or products
constituting a lesser or no hazard to livestock.
  (d) Whether or not the disease for which a particular vaccine
or product is used or intended to be used is present in this
state and to what extent it is present.
  (e) Any other factor which, having due regard for the
properties of the vaccine or product, may constitute a hazard to
the health of livestock in this state.
  (3) The use, purchase, sale or distribution of vaccines or
products which is prohibited under subsection (1) of this section
or under ORS 596.075, may be authorized by written permit of the
department to:
  (a) Deputy state veterinarians, assistant state veterinarians,
federal veterinarians, veterinarians duly licensed by the State
of Oregon, veterinarians who have been issued a temporary license
to practice veterinary medicine under ORS 686.065, veterinary
medicine interns issued an internship   { - permit - }
 { + license + } under ORS 686.085 and veterinarians employed by
a community college or university in the State of Oregon.
  (b) Recognized research agencies.

                               { +
OPERATIVE DATE + }

  SECTION 13.  { + (1) Sections 2 and 3 of this 2013 Act and the
amendments to ORS 596.065, 596.220, 686.010, 686.085, 686.110,
686.120, 686.132, 686.135, 686.150 and 686.255 by sections 1 and
4 to 12 of this 2013 Act become operative on January 1, 2014.
  (2) The Oregon State Veterinary Medical Examining Board by take
any action before the operative date specified in subsection (1)
of this section that is necessary for the board to exercise, on
and after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
board by sections 2 and 3 of this 2013 Act and the amendments to
ORS 596.065, 596.220, 686.010, 686.085, 686.110, 686.120,
686.132, 686.135, 686.150 and 686.255 by sections 1 and 4 to 12
of this 2013 Act. + }

                               { +
UNIT CAPTIONS + }

  SECTION 14.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 15.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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