ORS Chapter 686 - Oregon Statutes

 

 

VETERINARIANS;VETERINARY TECHNICIANS

 

OCCUPATIONSAND PROFESSIONS

 

GENERALPROVISIONS

 

686.010     Definitions

 

686.020     Licenserequired to practice veterinary medicine; title and abbreviations usable bylicensees

 

686.030     Actsconstituting practice of veterinary medicine

 

686.040     Applicationof ORS 686.020 (1)(a); consultation with individual licensed in other state

 

LICENSING

 

686.045     Qualificationsfor license

 

686.055     Applicationfor license; retaining application and examination papers

 

686.065     Issuanceof temporary license to certain applicants

 

686.075     Examinationof applicants; rules

 

686.085     Servinginternship before being eligible for license

 

686.095     Issuanceof licenses

 

686.110     Renewalof licenses or permits

 

686.120     Groundsfor discipline

 

686.130     “Unprofessionalor dishonorable conduct” defined

 

686.132     Groundsfor refusal to issue or renew license or permit

 

686.135     Licenseor permit denial and discipline procedures; rules; confidential information

 

686.150     Disciplinarysanctions

 

686.160     Reapplicationafter license withheld or revoked; commencing practice after suspension

 

686.170     Appointmentof committee to investigate alleged violations of chapter

 

STATEBOARD

 

686.210     OregonState Veterinary Medical Examining Board; rules

686.220     Officers;quorum

 

686.230     Compensationand expenses of members

 

686.240     Employmentof investigator and other employees

 

686.246     OregonState Veterinary Medical Examining Board Account; disposition of receipts

 

686.255     Fees;how determined

 

ENFORCEMENT

 

686.260     Investigationof violations; rules; informing district attorney or Attorney General

 

686.270     Injunctionagainst violations

 

686.290     Courtshaving jurisdiction

 

VETERINARYTECHNICIANS

 

686.360     Dutiesthat may be performed by veterinary technician; rules

 

686.370     Examinationfor license

 

686.375     Veterinarytechnician license; fee; rules

 

CONTINUINGEDUCATION

 

686.410     Continuingeducation required; rules

 

686.420     Noticeof license expiration; rules; effect of failure to comply with criteria forcontinuing education; waiver

 

MISCELLANEOUSPROVISIONS

 

686.440     Immunityfrom civil liability for emergency treatment

 

REPORTINGOBLIGATIONS

 

686.442     Legislativefindings

 

686.445     Reportingof abandoned, neglected or abused animals; immunity from liability for report;reporting animals injured by trapping device

 

686.450     Definitions

 

686.455     Dutyto report aggravated animal abuse

 

686.460     Dutyof law enforcement agency after receiving report of aggravated animal abuse

 

686.465     Immunityfor reporting in good faith

 

686.470     Dutyto report prohibited conduct

 

EUTHANASIATASK FORCE

 

686.510     EuthanasiaTask Force; fees; use of fees

 

PENALTIES

 

686.990     Penalties

 

GENERALPROVISIONS

 

      686.010Definitions.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, ofgood standing and repute,” means any veterinary college or department of auniversity or college, legally organized, which is approved and placed on theaccredited list by the board, but in any event the accreditation requirementsof the board shall be no more restrictive than the accreditation standards ofthe American Veterinary Medical Association.

      (4)“Veterinary technician” means an individual who has received a certificate inveterinary technology, or a comparable certificate, from a recognized collegeor university approved by the Oregon State Veterinary Medical Examining Boardor an individual employed as a veterinary technician who has had at least fourcalendar years of on-the-job training in the technical procedures certified bya licensed veterinarian who presented the instruction. [Amended by 1967 c.334 §1;1975 c.619 §1; 1987 c.651 §1; 2003 c.178 §2]

 

      686.020License required to practice veterinary medicine; title and abbreviations usableby licensees.(1) Except as otherwise provided by this chapter, no person shall:

      (a)Practice veterinary medicine, surgery or dentistry, in this state unless theperson holds a valid license issued by the Oregon State Veterinary MedicalExamining Board and the license is not expired, revoked or suspended at thetime of practice.

      (b)Affix or append any letters to the name of the person, indicating a degree inmedicine, such as V.S., V.D., D.V.S., M.D.C., D.M.C., D.V.M., or use the worddoctor, veterinary, veterinarian, professor, animal doctor, animal surgeon, orany abbreviation or combination thereof of similar import in connection withthe 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 ortreatment of animal diseases or conditions mentioned in this chapter, unlesssuch person is legally entitled to use such designation.

      (2)A person who holds a valid license issued by the Oregon State VeterinaryMedical Examining Board that is not expired, revoked or suspended is exemptfrom the provisions of ORS 348.609 (1) to (4). [Amended by 1987 c.651 §2; 2005c.196 §1]

 

      686.030Acts constituting practice of veterinary medicine. A personpractices veterinary medicine, surgery or dentistry when the person does any ofthe following in this state:

      (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 thissection, except as an agent or employee of this state or of the federalgovernment.

      (7)Advertises or represents in any manner, publicly or privately, that the personis willing to do any of the acts described in this section. [Amended by 1987c.651 §2a]

 

      686.040Application of ORS 686.020 (1)(a); consultation with individual licensed inother state.(1) ORS 686.020 (1)(a) does not apply to commissioned veterinary officers ofthe United States Army, or those in the employ of other United StatesGovernment agencies while engaged in their official capacity, unless they enterinto a private practice.

      (2)Nothing in ORS 686.020 (1)(a) shall be so construed as to prevent any person orthe agent or employee of the person from practicing veterinary medicine andsurgery or dentistry in a humane manner on any animal belonging to the person,agent or employee or for gratuitous services or from dehorning and vaccinatingcattle for the person, agent or employee.

      (3)Nothing in ORS 686.020 (1)(a) shall be so construed as to prevent the sellingof veterinary remedies and instruments by a licensed pharmacist at the regularplace of business of the licensed pharmacist.

      (4)A practitioner of allied health methods may practice that method on animalswithout violating ORS 686.020 (1)(a), as long as the practice is in conformancewith laws and rules governing the practitioner’s practice and the practice isupon referral from a licensed veterinarian for treatment or therapy specifiedby the veterinarian.

      (5)ORS 686.020 (1)(a) does not apply to the lay testing of poultry by the wholeblood agglutination test.

      (6)A certified euthanasia technician holding an active, current certificate mayinject sodium pentobarbital, and any other euthanasia substance approved by theOregon State Veterinary Medical Examining Board without violating ORS 686.020(1)(a).

      (7)The board by rule may specify circumstances under which unlicensed persons maygive vaccinations, administer an anesthetic or otherwise assist in the practiceof veterinary medicine.

      (8)Any individual licensed as a veterinarian in another state may be used inconsultation in this state with a person licensed to practice veterinarymedicine in this state provided the consultation does not exceed 30 days in any365 consecutive days.

      (9)ORS 686.020 (1)(a) does not apply to authorized representatives of the StateDepartment of Agriculture in the discharge of any duty authorized by thedepartment.

      (10)ORS 686.020 (1)(a) does not apply to an unlicensed representative of alivestock association, cow-testing association, or poultry association who, forthe benefit of the association, takes blood samples for laboratory tests forthe diagnosis of livestock or poultry diseases, but only if this person hasreceived authorization from the State Department of Agriculture following awritten request to the department.

      (11)ORS 686.020 (1)(a) does not apply to persons permitted by the State Departmentof Fish and Wildlife to rehabilitate orphaned, sick or injured wildlife, asdefined in ORS 496.004, for the purpose of restoring the animals to the wild.

      (12)ORS 686.020 (1)(a) does not apply to students, agents or employees of public orprivate educational or medical research institutions involved in educational orresearch activities under the auspices of those institutions.

      (13)ORS 686.020 (1)(a) does not apply to:

      (a)Veterinarians employed by Oregon State University;

      (b)Instructors of veterinary courses; or

      (c)Students of veterinary science who participate in the diagnosis and treatmentof animals if the students:

      (A)Are participating in the diagnosis and treatment of animals while engaged in aneducational program approved by the board or a college of veterinary medicineaccredited by the American Veterinary Medical Association; and

      (B)Are under the direct supervision of an Oregon licensed veterinarian or aveterinarian approved by the board or Oregon State University to supervisestudents in the educational program. [Amended by 1975 c.619 §2; 1987 c.651 §3;1993 c.491 §1; 1993 c.571 §29; 2005 c.196 §2; 2009 c.169 §1]

 

LICENSING

 

      686.045Qualifications for license. No person shall be licensed to practice veterinarymedicine in this state unless the person:

      (1)Is a graduate of a veterinary college or a veterinary department of auniversity 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 ofthe United States or has completed at least a one-year internship in the Stateof Oregon, as provided in ORS 686.085. [1953 c.624 §3; 1967 c.334 §2; 1973c.827 §72; 1985 c.112 §3; 1997 c.241 §1]

 

      686.050 [Repealed by1953 c.624 §9]

 

      686.055Application for license; retaining application and examination papers. (1) A persondesiring to practice veterinary medicine, dentistry or surgery in this stateshall make a written application to the executive director of the Oregon StateVeterinary Medical Examining Board for a license to practice. The applicationshall be on a form provided by the board.

      (2)Except examination papers which may be destroyed after a five-year period, allapplications and papers in connection therewith shall be permanently filed inthe office of the executive director of the board. [1953 c.624 §4; 1967 c.334 §5;2003 c.163 §3]

 

      686.060 [Repealed by1953 c.624 §9]

 

      686.065Issuance of temporary license to certain applicants. (1) Anapplicant for a license may be issued a temporary license by the Oregon StateVeterinary Medical Examining Board who at the time of application:

      (a)Holds a valid current license to practice veterinary medicine in another stateor territory of the United States; and

      (b)Has been actively engaged in some form of veterinary medicine practice for atleast one year preceding the date of application.

      (2)The temporary license issued under the provisions of this section entitles theapplicant to engage in the active practice of veterinary medicine in this stateand the applicant shall be eligible for the next examination. No temporarylicense shall be valid beyond the time for the next license examination forwhich the applicant is qualified. In the event any such applicant failed forgood and sufficient reason to take the examination or was unable to pass it,and in the unanimous opinion of the board the applicant is sufficientlyqualified to entitle the applicant to a second examination, the board, byunanimous consent, may extend the temporary license until the next succeedingexamination. Except as otherwise provided in this section, the holder of atemporary license must be examined and satisfactorily pass the licenseexamination next following the issuance of the temporary license and dulyreceive a license in order to continue active professional practice. [1953c.624 §7; 1977 c.399 §1; 1985 c.112 §4; 1993 c.491 §2]

 

      686.070 [Repealed by1953 c.624 §9]

 

      686.075Examination of applicants; rules. (1) All applicants for a license shallbe given a written examination which may, in the Oregon State VeterinaryMedical Examining Board’s discretion, be supplemented by an oral examination todetermine their knowledge of veterinary and comparative anatomy, physiology,histology, pathology, materia medica, therapeutics, sanitary and preventivemedicine, surgery, bacteriology, milk and meat inspection, practice ofveterinary medicine, physical diagnosis, poisonous plants and toxicology andsuch other subjects as the board deems advisable.

      (2)In addition to preparing its own examination, the board may adopt by rule anduse a written or oral examination or any part thereof prescribed by anationally recognized professional veterinary organization.

      (3)The examination shall be designed to test both the scientific and practicalknowledge of applicants and sufficiently exacting to test the applicant’sfitness to practice veterinary medicine, surgery and dentistry. The writtenexamination shall be so conducted that the members of the board do not know thename of the applicant whose answers are being graded or judged until after thejudging or grading is completed. [1953 c.624 §5; 1977 c.399 §2; 1987 c.651 §4;1993 c.491 §3]

 

      686.080 [Amended by1963 c.134 §1; 1975 c.619 §3; 1977 c.399 §3; 1987 c.651 §5; renumbered 686.255in 1987]

 

      686.085Serving internship before being eligible for license. (1) Except asprovided in subsections (3) and (4) of this section, an applicant for a licenseshall serve an internship of not less than one year following passage of theexamination required under ORS 686.075 before receiving a license. Theinternship period may be served in any one of the following ways:

      (a)By association with and under the supervision of a licensed veterinarianengaged in the active practice of veterinary medicine, surgery or dentistry inthis state.

      (b)By engaging in some special form of educational, regulatory or research workunder the supervision of a veterinarian licensed to engage in the practice ofveterinary medicine, dentistry or surgery in this state.

      (c)By engaging in livestock sanitary control work pursuant to employment by thestate, 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 maybe 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 theactivities listed in subsection (1) of this section may be counted toward theone-year internship required in subsection (1) of this section, subject to theapproval of the board.

      (4)The requirements of this section shall not apply to applicants who come withinthe provisions of ORS 686.065, or applicants who hold a valid current licenseto practice veterinary medicine in another state or territory of the UnitedStates and who have actively practiced veterinary medicine in such state orterritory for not less than one year. [1953 c.624 §6; 1977 c.399 §4; 1993 c.491§4; 1997 c.241 §2]