Annual report

              V 800.3 A615 2009/10 c.l
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OKLAHOMA BOARD
OF VETERINAR \RECEIVED
JUL 2 1 2010 MEDICAL OFFICEOFTHE
GOVERNOR
EXAMINERS
ANNUAL REPORT
JULY 1,2009 - JUNE 30, 2010
BOARD MEMBERS AND STAFF
July 1,2009 Through June 30, 2010
Board Member
JimLee,DVM
Dan Danner, DVM
Jeff Tidwell, DVM
Paul Sells, DVM
Tammy Ward, Esq.
Frank Denney, DVM
Position
President
Vice-President
Secretary/Treasurer
Member
Member
Member
Term
Expires
5/9/2015
5/9/2013
5/9/2012
5/9/2011
5/9/2014
5/9/2014
Staff Position
Cathy Kirkpatrick
G. Dale Fullerton
Kelly D. Rahill
Melody Thompson, RVT
Executive Director
Investigator
Administrative Assistant
Investigative Assistant
Legal Services
Jim Barwick, Asst Attorney General
313 NE 21st
Oklahoma City, OK 73105
Cabinet Secretary
John Richard
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BOARD PURPOSE
The primary responsibility and obligation of the Oklahoma Board of Veterinary Medical
Examiners as specified in Title 59 Sec. 698.1 et seq. and Title 775 of the Oklahoma
Administrative Code is to protect the public from the unprofessional, improper, incompetent and
unlawful practice of veterinary medicine. Laws, rules and regulations governing the granting and
subsequent use of the privilege to practice veterinary medicine are conferred on the Board by the
citizens of the State of Oklahoma, acting through their elected representatives. Additionally, the
duties of proceeding against the unprofessional and unlawful practice of veterinary medicine and
enforcing the Veterinary Practice Act is also delegated to the Board as specified in the above
referenced statutes and administrative codes.
HISTORICAL
1913 On March 10, 1913, the Oklahoma State Board of Veterinary Medical Examiners is
established with five Board members under the Act "To Define And Regulate The Practice Of
Veterinary Medicine, Surgery, Dentistry, In The State Of Oklahoma". The license requirements:
a DVM degree and State examination. License fee is $15.00. Those practicing veterinary
medicine prior to the act, who did not have a degree, are grandfathered in after taking and passing
the State examination. Of the 256 non-graduates who took the examination, 17 failed. On July 3,
1913, the first license is issued to a non-graduate, W. P. Smith, of Apache, Oklahoma. The first
license issued to a graduate is to Dr. C. R. Walter, of Tulsa, Oklahoma. Dr. Walter was a
graduate of Kansas City Veterinary College. 289 licenses are issued: 50 to graduates and 239 to
non-graduates.
1937 On May 22, 1937 the Oklahoma Veterinary Practice Act was redrafted to improve
standards in the practice of veterinary medicine.
1949 On July 1, 1949, the first woman to receive a license in Oklahoma is issued to Dr.
Margaret P. Denison, of Oklahoma City, Oklahoma. Her license number 0421 is granted by
reciprocity. Dr. Denison was a graduate of Kansas State College and was born in Chippewa Falls,
Wisconsin on March 31, 1927.
1956 National Board Examination is required for DVM licensure.
1981 Clinical Competency Test is included in the requirements for DVM licensure. Animal
Technicians are recognized. Technician requirements for certification: Graduate of an accredited
school, National and State examinations, and six hours of mandatory continuing education.
1989 License fee is $25.00. Mandatory 20 hours of continuing education is required for
DVM renewals.
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1990 License fee is $50.00.
HISTORICAL (continued)
1991 Under the leadership of Dr. Joe Howell, the Board embarked on a reorganization
program and contracted the services of the Oklahoma State Board of Medical Licensure and
Supervision. Once the Board was satisfied with the reorganization, it subsequently decided to
lease it's own office and function as the Board was intended.
1992 License fee is $100.00. Separation from the Board of Medical Licensure and
Supervision.
1993 The name of "Animal Technician" is changed to "Certified Veterinary Technician".
1997 There are 1762 actively licensed or certified. With the passing of pari-mutuel racing in
1983, the expansion of horse racing, the OTBA breeding program and the commencement of a
major racetrack in 1988, the demand for licensure in the State of Oklahoma has steadily risen.
Since 1988 the Board's activity has increased at an annual rate of 5%.
1998 There are 1882 actively licensed or certified. 80 licenses were issued by examination.
A new law is passed, Section 698.5a of Title 59: Investigators for the Board will be considered
peace officers should such any Investigator be certified as a peace officer by the Council on Law
Enforcement Education and Training and have state wide jurisdiction.
1999 There are 1816 actively licensed or certified. 75 licenses were issued by examination.
On April 19, 1999 House Bill 1344 is signed by Governor Keating and this legislation will
become effective November 1, 1999. Some of the aspects of the bill was to establish minimum
standards for practicing veterinarians and included the addition of a lay member to the Board for
the first time in state history.
2000 There are 1915 actively licensed or certified. 89 licenses were issued by examination.
In May, 2000, two new laws were passed; Senate Bill 838, relating to animal chiropractic
diagnosis and treatment, and House Bill 2353, allows a Certified Euthanasia Technician to
administer denatured sodium pentobarbital. These legislations were signed by Governor Keating
and will become effective November 1,2000. New rules were drafted and became effective May
11, 2000, which included, the license renewal fee was increased to $125.00, licensure by
endorsement fee increased to $625.00, and reinstatement fee increased to $625.00.
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___________________________ L
HISTORICAL (continued)
2001 There are 1915 actively licensed or certified. 93 licenses and certificates were issued
by examination. In May, 2001 new rules were approved, which included certifying an individual
to become an animal euthanasia technician. This new certification relieves the veterinarian the
liability of dispensing a controlled dangerous substance to unlicensed individuals and also
municipalities will have an avenue to purchase and store Controlled Dangerous Substances
lawfully. Also, the inactive status for a certified veterinary technician (CVT) was deleted and
additional continuing education hours for the CVT.
2002 There are 1943 actively licensed and certified. 94 licenses and certificates were
issued by examination. In July 2002 new rules will be approved, which included acceptance of
online continuing education available to the veterinarians and technicians. Effective for
November 2002, new rules for the veterinary technicians; A veterinary technician will be
registered and this will be interchangeable with the title certified.
2003 There are 1952 actively licensed and registered. 85 licenses and certificates were
issued by examination; 5 Faculty licenses were issued; and 5 licenses and certificates were
reinstated. In July 2003 new rules will be approved, which included new rules for the technicians
and clarification of a name change from certified to registered. Effective for November 2003;
under practice defined for veterinarians; adds complimentary and alternative therapies.
2004 There are 1932 actively licensed and registered. 101 licenses and certificates were
issued by examination; 10 Faculty licenses were issued; and 4 licenses and certificates were
reinstated. In July 2004 new rules were approved, which included a license renewal fee increase to
$175 for veterinarians; $45 for technicians and the reactivation fee for a license renewal was
increased to $100. Effective for November 2004 there will be a new statute that provides; all
information obtained in the course of an investigation, including reports provided to the Board shall
be held confidential by the Board. In October 2003 the first training for the Animal Euthanasia
Technicians was conducted. There were seven candidates for the training and all seven candidates
passed the written and practical examination. The practical examination was given at the Oklahoma
City Animal Shelter.
2005 There are 2051 actively licensed and registered. 133 licenses and certificates were
issued by examination; 9 Faculty licenses were issued; and 7 licenses and certificates were reinstated.
In May 2005 new rules were approved, which defines Complementary and Alternative. Effective for
November 2005 there will be a new statute that has been included in Acts Not Prohibited, it provides;
any individual that has certification in animal massage therapy which meets the Board standard and
acquires liability insurance for engaging in animal massage therapy after a written referral from a
licensed veterinarian.
5
HISTORICAL (continued)
2006 There are 2113 actively licensed and registered. 162 licenses and certificates were
issued by examination; 14 Faculty licenses were issued; and 12 licenses and certificates were
reinstated. Effective for July 2006 new rules will be enacted, which includes WholesalerlDistributors
of veterinary labeled prescription drugs must comply by ensuring a valid veterinarian-client-patient
relationship exists before the issuance of drugs to the end-user. Additionally, rules regarding animal
massage therapy have been defmed. Effective for November 2006 an addition to the Abandoned
animal statute that allows the veterinarian to notify the owner or the owner's agent by hand delivery
before disposing of the animal in a humane manner
2007 There are 2147 actively licensed and registered. 136 licenses were issued by
examination; 14 Faculty licenses were issued; and 14 licenses and certificates were reinstated.
Effective July 2007 new rules were enacted that require all new faculty licensees to take the
Jurisprudence examination. Additionally, a provisional license can be obtained (after Board
approval) to practice veterinary medicine after meeting all requirements and payment of $300.
2008 There are 2202 actively licensed and registered. 174 licenses were issued by
examination; 10 Faculty licenses were issued; and 8 licenses and registrations were reinstated.
Effective July 2008 new rules were enacted that allow additional duties for a RVT to perform
without the direct supervision of a licensed veterinarian. Also, reduction of the mandatory
Continuing Education requirements to allow for 2 hours only; reduce Journals and Auto-tutorials
from five hours to four hours.
2009 There are 2270 actively licensed and registered. 162 licenses were issued by
examination; 14 Faculty licenses were issued; and 10 licenses and registrations were reinstated.
Effective April 2009 new rules were enacted that allow 10 additional duties for a RVT to perform
without the direct supervision of a licensed veterinarian. Also, the license renewal fee for
veterinarians increased to $225 and a new fee was approved for continuing education extensions,
the fee will be $100.
2010 There are 2331 actively licensed and registered. 206 licenses were issued by
examination; 17 Faculty licenses were issued; and 9 licenses and registrations were reinstated.
The legislature and Governor passed HB 3202, which will be effective August 27, 2010. This Bill
stipulates that of the five veterinarian board members, one must be an equine practitioner and one
must be a large animal practitioner; it defines teeth floating; inserts the words animal husbandry,
teeth floating and farriery in Section 698.12 of the Act; any individual that is certified by the
Board and pays a certification fee of $200 can engage in non-veterinary equine dental care.
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EXAMINATIONS - LICENSES - CERTIFICATIONS
EXAMINATIONS FY08 FY09 FYIO
DVM
TECHNICIANS (RVT & CAET)
163
134
189
110
183
174
325
300
275
250
225
200
175
150
125
100
75
50
25o
.FY 2008
[]FY 2009
[]FY 2010
DVM TECHNICIANS
LICENSES/CERT ISSUED FY08 FY09 FYIO
DVM
SDVM
FACULTY
TECHNICIANS (RVT & CAET)
84
5
10
75
94
5
14
48
103
4
17
72
.FY 2008
DFY 2009
DFY 2010
99
89
79
69
59
49
39
29
19
9
-1
OVM SDVM FACULTY TECHNICIAN
CURRENTLY LICENSED/CERT FY08 FY09 FYIO
DVM 1801
SDVM 6
FACULTY 33
TECHNICIANS (RVT & CAET) 362
1838
4
41
387
1883
1
34
413
.FY2008
1900
1800
1700
1600
1500
1400
1300
1200
1100
1000
[JFY2009
OFY 2010
DVM SDVM FACULTY TECH
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IN
V
ESTIGATIoN
DIVISIoN
INVESTIGATION DIVISION PURPOSE
The primary purpose of the investigation division is to investigate complaints
and adverse information concerning licensees, certificate holders and unlicensed
individuals involved in the unlawful practice of veterinary medicine. The
division develops and brings forward cases which require either administrative
discipline or criminal prosecution with respect to issues dealing with
unprofessional conduct and criminal activity.
The investigation division currently consists of one full-time investigator
who conducts investigations throughout the entire state. In preparation for this
duty, the investigator attended investigative training seminars in both traditional
law enforcement issues and administrative regulatory law, particularly in the
field of the interview process, evidence recovery, and administrative due process.
Regulatory seminars are attended, and cross training with other state agencies is
taken advantage of.
2009- 2010 INVESTIGATIVE HIGHLIGHTS
• Dale Fullerton completed in service training with the Oklahoma Bureau
Narcotics, Association of Oklahoma Narcotics Enforcers courses as well as
numerous CLEET courses. He worked several joint investigations with the
Food and Drug Administration, The Horse Racing Commission, Oklahoma
Bureau of Narcotics, Drug Enforcement Administration and the United
States Department of Agriculture.
• Continuing to streamline the complaint and investigative process, which
thoroughly addresses the public's needs, while at the same time protecting
the defendant's due process rights.
• Closed 186 Criminal and Administrative cases.
• Inspected and approved 5 Animal Control agencies or Animal Shelter
organizations located in various locations in Oklahoma. 25 Euthanasia
technicians were approved to be employed at these locations.
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COMPLAINTS RECEIVED
The Oklahoma Veterinary Practice Act, Title 59 Section 698.1 et seq., empowers the Board
with the authority to regulate the practice of veterinary medicine. These powers and duties include
reviewing and investigating complaints and adverse information about licensees and certificate
holders, in addition to halting the unlicensed or illegal practice of veterinary medicine in order to
protect the health, safety and welfare of the citizens of this state. Additionally, misconduct
compromises the good name of the entire professional community. Complaints are therefore received
by the Board to ensure that the consumer secures competent professional services.
Each consumer who desires to lodge an official complaint against a licensed professional or
unlicensed practitioner is promptly sent the agency's official complaint forms. Investigations are
generally initiated after a complaint form is returned to the Board of Veterinary Medical Examiners;
however, complaints can also be received from other agencies, or an official complaint/investigation
can be initiated by the office of the Oklahoma Board of Veterinary Medical Examiners. All
complaints are recorded as to the date in which the complaint form was requested and sent out by
mail, and what date the complaint form was received for review.
FY08 FY09 FYIO
Complaints received 76 72 82
Complaint initiated by OSBVME or other agency 50 61 85
Total number of complaints reviewed 126 133 167
Complaints carried over from the previous year 21 16 19
TOTAL NUMBER OF COMPLAINTS HANDLED 147 149 186
200
180
160
140
120
100
80
60
40
20
o
COMPLAINTS
RECEIVED
CARRYOVER COMPLAINTS
HANDLED
.FY 2008 .FY 2009 DFY 2010
9
END OF YEAR CASE STATUS
Complaint files remaining open at the end of the 2009-10 fiscal year were previously approved
for an administrative or criminal investigation, and remain active until they are closed for cause or
adjudicated before the proper forum. Hearings are initiated after a determination is made where
probable cause exists that a violation of the Veterinary Practice Act has allegedly been committed.
FY08 FY09 FYIO
A. Administrative cases remaining open at the
close of the fiscal year 19 21 21
B. Cases scheduled for administrative hearing
and adjudication 1 1 3
C. Awaiting outcome of state criminal prosecution 1 0 0
TOTAL CASES REMAINING OPEN AT THE
CLOSE OF THE FISCAL YEAR 21 22 24
ITEM A ITEMS ITEMe TOTALS
FY 2008 • FY 2009 0FY 2010
10
CLOSED CASE DISPOSITIONS
All complaints received by the Board of Veterinary Medical Examiners are reviewed by an
investigator, the agency attorney, and a licensed veterinarian. This procedure insures that evidentiary,
due process, administrative, and probable cause issues are properly addressed, in addition to how the
minimum standards of veterinary practice relate to questions raised in the complaint, and whether or
not a violation of the Veterinary Practice Act exists. A case may be closed out in a variety of ways,
including recommendations for an administrative hearing or for criminal prosecution.
FY08 FY09 FYIO
A. Cases before Board, citation & fine issued or Surrender 11 12 11
B. Investigations in which there was "no violation" established 64 66 88
C. Cases in which a "letter of concern" was issued 18 15 20
D. Cases which lacked foundation or jurisdiction and referred 16 16 38
E. Cases which reversed the complaint by complainant 2 0 0
F. Cases in which there was a cease and desist letter issued 17 18 29
TOTAL CASES CLOSED DURING THE
RESPECTIVE FISCAL YEAR 128 127 186
80
200
180
160
140
120
100
60
40
20
o
ITEM A ITEMB ITEMC ITEM 0 ITEME ITEM F TOTALS
.FY 2008 .FY 2009 DFY2010
11
DISCIPLINARY ACTIONS BY CASE
Disciplinary actions are the result of a formal complaint and citation having been filed and
adjudicated before the Board en bac, in compliance with the Oklahoma Administrative Code, the
Administrative Procedures Act and the Open Meetings Act.
The number of revocations, suspensions and probations can be the result of several cases
pending against a single licensee. Disciplinary actions are not necessarily indicative of the number of
licensees.
FYIO
A. Cases closed by revocation or Surrender of License
B. Cases closed by suspension or non renewed
C. Cases closed by censure I citation and fme issued
D. Lay person criminal conviction wi possible Board hearing
E. Cases closed with letter of concern
F. Cases closed with no violation/dismissed-referred
G. Cases closed with a cease and desist letter issued
'rorAL CASES CLOSED
200
180
160
140
120
100
80
60
40
20
o+-"---
ITEM A ITEMB ITEMC ITEM 0 ITEME TOTAL
DFY 2008 .FY 2009
FY08
3
3
4
1
8
64/18
17
128
ITEMF
FY09
4
1
6
1
15
66/16
18
127
ITEMG
DFY 2010
o
2
9
o
20
88/38
29
186
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FINES AND COSTS BY CASE
The Board of Veterinary Medical Examiners may require, as a condition of any adverse
disciplinary action, the re-payment of costs expended by the Board in the investigation and
prosecution of said cause. The Board may also impose an administrative penalty of up to and
including $5,000.00 for each day a violation continues, and may recover probationary fees as
provided for in the Veterinary Practice Act's Administrative Rules and Regulations.
During the 2009-10 fiscal year, there was eight Citation and Fines issued for a total of $3,000.00
and the Board levied $10,000 in administrative penalties and $1,000 in investigative and prosecutive
reimbursement.
FY08 FY09 FYIO
Investigative costs
Penalties/Fines imposed
Probation fees imposed
3
3
3
2
2
o
1
2
2
TOTAL 9 4 5
18
17
16
15
14
13
12
11
10
9
8
7
6
5
4
3
2
1
O~-L--
COSTS PENALTIES PROS. FEES TOTAL
DFY 2008 .FY 2009 DFY 2010
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OKLAHOMA STATE BOARD OF
VETERINARY MEDICAL EXAMINERS
ADDRESS
201 NE 38th Terrace
Suite '1'
Oklahoma City, OK 73105
TELEPHONE
(405) 524-9006
FAX
(405) 524-9012
WEB PAGE
httpz/rwww.okvetboard.com
E-MAIL
sta.f.l@Jokvetboard.com
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