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Chapter 686 — Veterinarians; Veterinary Technicians
2001 EDITION
GENERAL PROVISIONS
686.010 Definitions. As used in this chapter, unless the context requires otherwise:
(2) "Board" means the Oregon State Veterinary Medical Examining Board.
(1) Practice veterinary medicine, surgery or dentistry, in this state unless the person holds a valid license issued by the Oregon State Veterinary Medical Examining Board and the license is not expired, revoked or suspended at the time of practice.
(2) Affix or append any letters to the name of the person, indicating a degree in medicine, such as V.S., V.D., D.V.S., M.D.C., D.M.C., D.V.M., or use the word doctor, veterinary, veterinarian, professor, animal doctor, animal surgeon, or any abbreviation or combination thereof of similar import in connection with the name of the person, or any trade name with which the person is interested, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of animal diseases or conditions mentioned in this chapter, unless such person is legally entitled to use such designation. [Amended by 1987 c.651 §2]
(1) Diagnoses, treats or prognosticates an animal medical problem.
(2) Prescribes or administers a drug, medicine or treatment for the prevention, cure, amelioration, correction or modification of an animal problem or for euthanasia.
(3) Induces anesthesia in an animal.
(4) Performs a surgical or dental operation or procedure upon an animal.
(5) Performs an embryo transfer or pregnancy, sterility or fertility evaluation.
(6) Gives an instruction or demonstration regarding the acts described in this section, except as an agent or employee of this state or of the federal government.
(7) Advertises or represents in any manner, publicly or privately, that the person is willing to do any of the acts described in this section. [Amended by 1987 c.651 §2a]
686.040 Application of ORS 686.020 (1); consultation with individual licensed in other state. (1) ORS 686.020 (1) does not apply to commissioned veterinary officers of the United States Army, or those in the employ of other United States Government agencies while engaged in their official capacity, unless they enter into a private practice.
(2) Nothing in ORS 686.020 (1) shall be so construed as to prevent any person or the agent or employee of the person from practicing veterinary medicine and surgery or dentistry in a humane manner on any animal belonging to the person, agent or employee or for gratuitous services or from dehorning and vaccinating cattle for the person, agent or employee.
(3) Nothing in ORS 686.020 (1) shall be so construed as to prevent the selling of veterinary remedies and instruments by a licensed pharmacist at the regular place of business of the licensed pharmacist.
(4) A practitioner of allied health methods may practice that method on animals without violating ORS 686.020 (1), so long as the practice is in conformance with laws and rules governing the practitioner’s practice and the practice is upon referral from a licensed veterinarian for treatment or therapy specified by the veterinarian.
(5) ORS 686.020 (1) does not apply to the lay testing of poultry by the whole blood agglutination test.
(6) A certified euthanasia technician holding an active, current certificate may inject sodium pentobarbital, and any other euthanasia substance approved by the Oregon State Veterinary Medical Examining Board without violating ORS 686.020 (1).
(7) The board by rule may specify circumstances under which unlicensed persons may give vaccinations, administer an anesthetic or otherwise assist in the practice of veterinary medicine.
(8) Any individual licensed as a veterinarian in another state may be used in consultation in this state with a person licensed to practice veterinary medicine in this state provided the consultation does not exceed 30 days in any 365 consecutive days.
(9) ORS 686.020 (1) does not apply to authorized representatives of the State Department of Agriculture in the discharge of any duty authorized by the department.
(10) ORS 686.020 (1) does not apply to an unlicensed representative of a livestock association, cow-testing association, or poultry association who, for the benefit of the association, takes blood samples for laboratory tests for the diagnosis of livestock or poultry diseases, but only if this person has received authorization from the State Department of Agriculture following a written request to the department.
(11) ORS 686.020 (1) does not apply to persons permitted by the State Department of Fish and Wildlife to rehabilitate orphaned, sick or injured wildlife, as defined in ORS 496.004, for the purpose of restoring the animals to the wild.
(12) ORS 686.020 (1) does not apply to students, agents or employees of public or private educational or medical research institutions involved in educational or research activities under the auspices of those institutions.
(13) ORS 686.020 (1) does not apply to veterinarians employed by Oregon State University, instructors of veterinary courses, or to students of veterinary science who participate in the diagnosis and treatment of animals, including those in off-campus educational programs who are under the direct supervision of Oregon licensed veterinarians. [Amended by 1975 c.619 §2; 1987 c.651 §3; 1993 c.491 §1; 1993 c.571 §29]
LICENSING
(1) Is a graduate of a veterinary college or a veterinary department of a university or college of good standing and repute.
(2) Has satisfactorily passed the examination provided in ORS 686.075.
(3) Has completed at least one year in active practice in any state or territory of the United States or has completed at least a one-year internship in the State of Oregon, as provided in ORS 686.085. [1953 c.624 §3; 1967 c.334 §2; 1973 c.827 §72; 1985 c.112 §3; 1997 c.241 §1]
686.050 [Repealed by 1953 c.624 §9]
(2) Except examination papers which may be destroyed after a five-year period, all applications and papers in connection therewith shall be permanently filed in the office of the secretary of the board. [1953 c.624 §4; 1967 c.334 §5]
686.060 [Repealed by 1953 c.624 §9]
(a) Holds a valid current license to practice veterinary medicine in another state or territory of the United States; and
(b) Has been actively engaged in some form of veterinary medicine practice for at least one year preceding the date of application.
(2) The temporary license issued under the provisions of this section entitles the applicant to engage in the active practice of veterinary medicine in this state and the applicant shall be eligible for the next examination. No temporary license shall be valid beyond the time for the next license examination for which the applicant is qualified. In the event any such applicant failed for good and sufficient reason to take the examination or was unable to pass it, and in the unanimous opinion of the board the applicant is sufficiently qualified to entitle the applicant to a second examination, the board, by unanimous consent, may extend the temporary license until the next succeeding examination. Except as otherwise provided in this section, the holder of a temporary license must be examined and satisfactorily pass the license examination next following the issuance of the temporary license and duly receive a license in order to continue active professional practice. [1953 c.624 §7; 1977 c.399 §1; 1985 c.112 §4; 1993 c.491 §2]
686.070 [Repealed by 1953 c.624 §9]
(2) In addition to preparing its own examination, the board may adopt by rule and use a written or oral examination or any part thereof prescribed by a nationally recognized professional veterinary organization.
(3) The examination shall be designed to test both the scientific and practical knowledge of applicants and sufficiently exacting to test the applicant’s fitness to practice veterinary medicine, surgery and dentistry. 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 or judged until after the judging or grading is completed. [1953 c.624 §5; 1977 c.399 §2; 1987 c.651 §4; 1993 c.491 §3]
686.085 Serving internship before being eligible for license. (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 shall be issued for the purpose set forth in this section. No internship permit 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. [1953 c.624 §6; 1977 c.399 §4; 1993 c.491 §4; 1997 c.241 §2]
686.090 [Repealed by 1953 c.624 §9]
(2) All persons regularly licensed under prior laws of this state, and have complied with the provisions of such law, shall be considered as licensed veterinarians under this chapter and the names of such persons shall be entered upon the official register kept by the secretary of the board as licensed veterinarians. [1953 c.624 §8]
686.100 [Repealed by 1953 c.624 §9]
686.110 Renewal of licenses or permits. (1) A license or permit 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. [Amended by 1963 c.133 §1; 1967 c.191 §2; 1975 c.619 §4; 1979 c.65 §1; 1979 c.743 §1; 1987 c.651 §6; 1993 c.491 §5]
686.120 Grounds for discipline. (1) With the consent of four members, the Oregon State Veterinary Medical Examining Board may discipline in accordance with ORS 686.150 any permit or license holder under this chapter for unprofessional or dishonorable conduct.
(2) The board may discipline in accordance with ORS 686.150 any permit or license holder who:
(a) Publicly professes to cure or treat diseases of a highly contagious, infectious and incurable nature;
(b) In any way cares or treats injury and deformity in such a way as to deceive the public; or
(c) Tests any horse, mule or ass for glanders, 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. [Amended by 1977 c.399 §5; 1985 c.112 §13; 1993 c.491 §6]
(1) The fraudulent use or misuse of any health certificate, shipping certificate, brand inspection certificate, or other blank forms used in practice, that might lead to the dissemination of disease or the transportation of diseased animals or the sale of inedible food products of animal origin for human consumption.
(2) Dilatory methods, willful neglect or misrepresentation in the inspection of meat.
(3) Misrepresentation of services rendered.
(4) Failure to report, or the negligent handling of the serious epidemic diseases of animals, such as anthrax, rabies, glanders, brucellosis, tuberculosis, foot and mouth disease, hog cholera, blackleg, and any other communicable disease known to medical science as being a menace to human and animal health.
(5) The dispensing or giving to anyone live culture or attenuated live virus vaccine to be administered by a layman without providing instruction as to its administration and use and without prior written authorization from the State Veterinarian when such product is declared to be prohibited under ORS 596.075.
(6) Having professional connection with, or lending one’s name to any illegal practitioner of veterinary medicine and the various branches thereof.
(7) Chronic alcohol abuse or habitual use of controlled substances.
(8) Fraud or dishonesty in applying or reporting on any test for disease in animals.
(9) False or misleading advertising.
(10) Conviction of a crime involving moral turpitude or conviction of a felony. The record of the conviction is conclusive evidence.
(11) Conviction of a charge of cruelty to animals in Oregon or any other state, county, or municipal court. The record of conviction is conclusive evidence.
(12) The revocation, suspension or refusal to issue or renew a license or practice credential to practice veterinary medicine in any other state, territory or foreign jurisdiction if the cause of that revocation, suspension or refusal to issue or renew is cause in this state. The record of revocation, suspension or refusal to issue or renew is conclusive evidence.
(13) Failure to keep one’s premises and equipment therein in a clean and sanitary condition.
(14) Gross ignorance, incompetence or inefficiency in the profession. In determining what constitutes "gross ignorance, incompetence or inefficiency in the profession," the Oregon State Veterinary Medical Examining Board may take into account all relevant factors, and practices, including but not limited to the practices generally and currently followed and accepted by the persons licensed to practice veterinary medicine in this state, the current teaching at accredited veterinary schools, relevant technical reports published in recognized veterinary medical journals and the desirability of reasonable experimentation in the furtherance of the veterinary medicine arts.
(15) Permitting the veterinary technician, preceptee, or student intern to perform a duty, task or procedure not specifically permitted by the board. [Amended by 1975 c.619 §5; 1979 c.744 §57; 1993 c.491 §7]
686.132 Refusal to issue or renew license or permit for unprofessional or dishonorable conduct. The Oregon State Veterinary Medical Examining Board may refuse to issue or renew a license or permit 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. [1993 c.491 §16]
686.135 License or permit denial and discipline procedures; rules; confidential information. (1) When the Oregon State Veterinary Medical Examining Board proposes to refuse to issue or renew a license or permit under ORS 686.110 (1)(c), 686.120 or 686.130 or proposes to discipline any permit or license holder in accordance with the provisions of ORS 686.150, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550.
(2) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS 183.310 to 183.550.
(3) Information that the board or a committee appointed by the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. [1971 c.734 §136; 1977 c.399 §6; 1979 c.743 §5; 1993 c.491 §8; 1997 c.791 §40]
686.140 [Repealed by 1971 c.734 §21]
686.150 Disciplinary sanctions. 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:
(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. [Amended by 1977 c.399 §7; 1979 c.743 §6; 1985 c.112 §5]
686.160 Reapplication after license withheld or revoked; commencing practice after suspension. (1) If a license is withheld, not renewed, or revoked for a violation of ORS 686.120 or 686.130, the practitioner may not again apply for a license until after a period of six months has elapsed, and then only by paying the regular examination fee, and again complying with the requirements for obtaining a license in accordance with ORS 686.045.
(2) If a license has been suspended and time of suspension has elapsed, permission to practice shall be given only upon the payment of the regular annual renewal fee. [Amended by 1979 c.743 §7]
(2) Upon receipt of a complaint under this chapter, the board and any committee shall conduct an investigation as described under ORS 676.165. [Amended by 1997 c.791 §41]
STATE BOARD
686.210 Oregon State Veterinary Medical Examining Board; appointment; qualifications; term; confirmation; executive secretary; rulemaking authority. (1) There is created the Oregon State Veterinary Medical Examining Board in the Department of Human Services which shall carry out the purposes and enforce the provisions of this chapter. The board shall consist of seven members appointed by the Governor for a term of four years. Appointments made by the Governor to the board may be selected from a list of five names for each appointment suggested by the Oregon Veterinary Medical Association. Five members shall be licensed to practice veterinary medicine, surgery and dentistry in this state. Two members shall be public members. Any appointments to fill vacancies by reason of death, resignation or removal shall be made by the Governor for the residue of the term of the retiring member. All appointments of members of the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.
(2) The board may appoint an executive secretary. Nothing in this chapter shall be construed to prevent assistance being rendered by the executive secretary of the board in any hearing called by it.
(3) Pursuant to ORS 183.310 to 183.550 the board may adopt rules necessary for the administration of this chapter. [Amended by 1953 c.624 §9; 1967 c.334 §3; 1971 c.650 §35; 1973 c.792 §41; 1975 c.619 §6; 1985 c.112 §6; 1987 c.651 §7; 1995 c.79 §346]
686.230 Compensation and expenses of members. A member is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1963 c.58 §1; 1967 c.191 §3; 1969 c.314 §87]
686.245 [Formerly 686.280; repealed by 1973 c.427 §30 (686.246 enacted in lieu of 686.245)]
686.246 Disposition of receipts. All moneys received by the Department of Human Services under this chapter shall be paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of this chapter. [1973 c.427 §31 (enacted in lieu of 686.245)]
686.250 [Amended by 1967 c.334 §6; repealed by 1973 c.829 §71]
686.252 [1985 c.112 §10; repealed by 1993 c.491 §17]
(a) License or permit 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 not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board. [Formerly 686.080; 1989 c.171 §77; 1991 c.703 §29; 1993 c.491 §10]
ENFORCEMENT
VETERINARY TECHNICIANS
686.350 "Veterinary technician" defined. As used in this chapter, "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. [1975 c.619 §7; 1987 c.651 §8; 1989 c.171 §78; 1993 c.491 §12]
(1) Obtaining and recording information cases.
(2) Preparation of patients, instruments, equipment, and medicants for surgery.
(3) Collection of specimens and performance of certain laboratory procedures.
(4) Application of wound dressings.
(5) Assisting the veterinarian in diagnostic, medical and surgical proceedings. [1975 c.619 §8; 1989 c.171 §79; 1993 c.491 §13]
(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. [1975 c.619 §9; 1987 c.651 §9; 1993 c.491 §14]
686.380 [1975 c.619 §10; 1977 c.399 §8; repealed by 1985 c.112 §8]
686.390 [1975 c.619 §11; repealed by 1977 c.399 §9]
CONTINUING EDUCATION
(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.
(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 satisfactory completion of the professional educational activity. [1979 c.743 §3]
(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) The board shall determine whether the professional educational activity participated in by each applicant for license renewal is within the established criteria. 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) 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. [1979 c.743 §4; 1997 c.241 §3]
MISCELLANEOUS PROVISIONS
(a) The animal has been brought to the veterinarian or veterinary technician by a person other than the owner of the animal; and
(b) The veterinarian or veterinary technician does not know who owns the animal or is unable to contact an owner of the animal before a decision must be made with respect to emergency treatment or euthanasia.
(2) The immunity granted by this section applies to:
(a) Any injury to an animal or death of an animal that results from acts or omissions of the veterinarian or veterinary technician in providing treatment to the animal; and
(b) The euthanasia of a seriously injured or seriously ill animal.
(3) Except as provided in subsection (4) of this section, this section does not apply to any act or omission of a veterinarian or veterinary technician that constitutes gross negligence in providing treatment to an animal.
(4) A veterinarian is completely immune from any civil liability for the decision to euthanize an animal under the circumstances described in subsection (1) of this section. [1997 c.243 §2]
(2) Veterinarians licensed and practicing in Oregon shall report to the Dean of the College of Veterinary Medicine, Oregon State University, in a form established by the dean, incidences of treating animals purported to have been injured by a trapping device. [1997 c.243 §3; 2001 c.562 §4]
Note: 686.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 686 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
EUTHANASIA TASK FORCE
PENALTIES
686.990 Penalties. 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. [Amended by 1963 c.59 §1]