2007 Oregon Code - Chapter 686 :: Chapter 686 - Veterinarians - Veterinary Technicians
Chapter 686 —
Veterinarians; Veterinary Technicians
2007 EDITION
VETERINARIANS; VETERINARY TECHNICIANS
OCCUPATIONS AND PROFESSIONS
GENERAL PROVISIONS
686.010Â Â Â Â Definitions
686.020Â Â Â Â License
required to practice veterinary medicine; title and abbreviations usable by
licensees
686.030Â Â Â Â Acts
constituting practice of veterinary medicine
686.040Â Â Â Â Application
of ORS 686.020 (1)(a); consultation with individual licensed in other state
LICENSING
686.045Â Â Â Â Qualifications
for license
686.055Â Â Â Â Application
for license; retaining application and examination papers
686.065Â Â Â Â Issuance
of temporary license to certain applicants
686.075Â Â Â Â Examination
of applicants; rules
686.085Â Â Â Â Serving
internship before being eligible for license
686.095Â Â Â Â Issuance
of licenses
686.110Â Â Â Â Renewal
of licenses or permits
686.120Â Â Â Â Grounds
for discipline
686.130    “Unprofessional
or dishonorable conduct” defined
686.132Â Â Â Â Grounds
for refusal to issue or renew license or permit
686.135Â Â Â Â License
or permit denial and discipline procedures; rules; confidential information
686.150Â Â Â Â Disciplinary
sanctions
686.160Â Â Â Â Reapplication
after license withheld or revoked; commencing practice after suspension
686.170Â Â Â Â Appointment
of committee to investigate alleged violations of chapter
STATE BOARD
686.210Â Â Â Â Oregon
State Veterinary Medical Examining Board; appointment; qualifications; term;
confirmation; executive director; rulemaking authority
686.220Â Â Â Â Officers;
quorum
686.230Â Â Â Â Compensation
and expenses of members
686.240Â Â Â Â Employment
of investigator and other employees
686.246Â Â Â Â Oregon
State Veterinary Medical Examining Board Account; disposition of receipts
686.255Â Â Â Â Fees;
how determined
ENFORCEMENT
686.260Â Â Â Â Investigation
of violations; rules; informing district attorney or Attorney General
686.270Â Â Â Â Injunction
against violations
686.290Â Â Â Â Courts
having jurisdiction
VETERINARY TECHNICIANS
686.360Â Â Â Â Duties
that may be performed by veterinary technician; rules
686.370Â Â Â Â Examination
for license
686.375Â Â Â Â Veterinary
technician license; fee; rules
CONTINUING EDUCATION
686.410Â Â Â Â Continuing
education required; rules
686.420Â Â Â Â Notice
of license expiration; rules; effect of failure to comply with criteria for
continuing education; waiver
MISCELLANEOUS PROVISIONS
686.440Â Â Â Â Immunity
from civil liability for emergency treatment
REPORTING ANIMAL ABUSE
686.442Â Â Â Â Legislative
findings
686.445Â Â Â Â Reporting
of abandoned, neglected or abused animals; immunity from liability for report;
reporting animals injured by trapping device
686.450Â Â Â Â Definitions
686.455Â Â Â Â Duty
to report aggravated animal abuse
686.460Â Â Â Â Duty
of law enforcement agency after receiving report of aggravated animal abuse
686.465Â Â Â Â Immunity
for reporting in good faith
EUTHANASIA TASK FORCE
686.510Â Â Â Â Euthanasia
Task Force; fees; use of fees
PENALTIES
686.990Â Â Â Â Penalties
GENERAL PROVISIONS
     686.010
Definitions. 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, 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 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.
     (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. [Amended by 1967 c.334 §1; 1975 c.619 §1; 1987 c.651
§1; 2003 c.178 §2]
     686.020
License required to practice veterinary medicine; title and abbreviations usable
by licensees. (1) Except as
otherwise provided by this chapter, no person shall:
     (a) 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.
     (b) 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.
     (2) A person who holds a valid license
issued by the Oregon State Veterinary Medical Examining Board that is not
expired, revoked or suspended is exempt from the provisions of ORS 348.609 (1)
to (4). [Amended by 1987 c.651 §2; 2005 c.196 §1]
     686.030
Acts constituting practice of veterinary medicine. A person practices veterinary medicine,
surgery or dentistry when the person does any of the 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 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)(a); consultation with individual licensed in
other state. (1) ORS 686.020
(1)(a) 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)(a) 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)(a) 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)(a), so long as the practice is in conformance with laws and rules governing
the practitionerÂ’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)(a) 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)(a).
     (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)(a) 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)(a) 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)(a) 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)(a) 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)(a) 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; 2005 c.196 §2]
LICENSING
     686.045
Qualifications for license.
No person shall be licensed to practice veterinary medicine in this state
unless the person:
     (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
     686.050 [Repealed by 1953 c.624 §9]
     686.055
Application for license; retaining application and examination papers. (1) A person desiring to practice veterinary
medicine, dentistry or surgery in this state shall make a written application
to the executive director of the Oregon State Veterinary Medical Examining
Board for a license to practice. The application shall be on a form provided by
the board.
     (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 executive director of
the board. [1953 c.624 §4; 1967 c.334 §5; 2003 c.163 §3]
     686.060 [Repealed by 1953 c.624 §9]
     686.065
Issuance of temporary license to certain applicants. (1) An applicant for a license may be issued
a temporary license by the
     (a) Holds a valid current license to
practice veterinary medicine in another state or territory of the
     (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]
     686.075
Examination of applicants; rules. (1) All applicants for a license shall be given a written examination
which may, in the Oregon State Veterinary Medical Examining BoardÂ’s discretion,
be supplemented by an oral examination to determine their knowledge of
veterinary and comparative anatomy, physiology, histology, pathology, materia
medica, therapeutics, sanitary and preventive medicine, surgery, bacteriology,
milk and meat inspection, practice of veterinary medicine, physical diagnosis,
poisonous plants and toxicology and such other subjects as the board deems
advisable.
     (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 applicantÂ’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]
     686.080 [Amended by 1963 c.134 §1; 1975 c.619 §3;
1977 c.399 §3; 1987 c.651 §5; renumbered 686.255 in 1987]
     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
     686.090 [Repealed by 1953 c.624 §9]
     686.095
Issuance of licenses. If
upon an examination judged by the Oregon State Veterinary Medical Examining
Board sufficiently comprehensive to enable the applicant to actively engage in
the practice of veterinary medicine in this state, the applicant demonstrates a
scientific and practical knowledge of the art of veterinary medicine, and the
applicant complies with the other provisions of this chapter, the board shall
issue a license to the applicant to practice veterinary medicine in this state.
The license shall be signed by the president and executive director of the
board, and attested by the board’s seal. [1953 c.624 §8; 2003 c.163 §2]
     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 five 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) After undergoing a physical or mental
health evaluation ordered by the board, has been determined to have a physical
or mental condition that makes the permit or license holder unable to safely
conduct the practice of veterinary medicine;
     (b) Publicly professes to cure or treat
diseases of a highly contagious, infectious and incurable nature;
     (c) In any way cares or treats injury and
deformity in such a way as to deceive the public; or
     (d) 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. [Amended by
1977 c.399 §5; 1985 c.112 §13; 1993 c.491 §6; 2005 c.163 §1]
     686.130
“Unprofessional or dishonorable conduct” defined. “Unprofessional or dishonorable conduct,” as
used in this chapter, includes:
     (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 layperson
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 oneÂ’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
     (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
Grounds for refusal to issue or renew license or permit. 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 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 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 may
take any or all of the following actions:
     (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
     (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. [Amended by 1977 c.399 §7; 1979 c.743 §6; 1985 c.112
§5; 2003 c.178 §3]
     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]
     686.170
Appointment of committee to investigate alleged violations of chapter. (1) The Oregon State Veterinary Medical
Examining Board is authorized to appoint a committee of not less than three
licensed, practicing veterinarians to investigate any charge made accusing any
person of violating any of the provisions of this chapter, and to report to the
board any facts concerning the charge, together with any recommendations the
committee sees fit to make. No member of the committee shall reside in the same
territory served by the accused person. The expenses of the committee shall be
paid out of the Oregon State Veterinary Medical Examining Board Account
established in ORS 686.246.
     (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; 2005 c.726 §21]
STATE BOARD
     686.210
Oregon State Veterinary Medical Examining Board; appointment; qualifications;
term; confirmation; executive director; rulemaking authority. (1) There is created the Oregon State
Veterinary Medical Examining Board, which shall carry out the purposes and
enforce the provisions of this chapter. The board shall consist of eight
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. One member shall
be a certified veterinary technician. 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
director. Nothing in this chapter shall be construed to prevent assistance
being rendered by the executive director of the board in any hearing called by
it.
     (3) Pursuant to ORS chapter 183 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; 2003 c.163 §1]
     686.220
Officers; quorum. There
shall be elected by the Oregon State Veterinary Medical Examining Board at its
first meeting from its members, a president who shall preside at all meetings.
In the absence of the president, the members present shall elect a temporary
chairperson, who shall preside at the meeting. A majority of the board
constitutes a quorum to transact any business coming before it. [Amended by
1967 c.334 §4; 1985 c.112 §7; 1993 c.491 §9]
     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]
     686.240
Employment of investigator and other employees. When it is considered necessary by the
Oregon State Veterinary Medical Examining Board for the proper execution of the
duties imposed upon it, the board may employ an investigator or other
employees, with payment to such employees to be made out of the funds of the
board. [Amended by 1953 c.624 §9; 1983 c.389 §5]
     686.245 [Formerly 686.280; repealed by 1973 c.427 §30
(686.246 enacted in lieu of 686.245)]
     686.246
     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]
     686.255
Fees; how determined. (1)
The Oregon State Veterinary Medical Examining Board may impose fees for the
following:
     (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 boardÂ’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
     686.260
Investigation of violations; rules; informing district attorney or Attorney
General. (1) Upon the
complaint of any resident of this state, or upon its own initiative, the Oregon
State Veterinary Medical Examining Board may investigate any alleged violation
of this chapter.
     (2) While conducting an investigation, the
board may:
     (a) Take evidence;
     (b) Take depositions of witnesses,
including the deposition of the person who is the subject of the investigation,
in the manner provided by law in civil cases;
     (c) Compel the appearance of witnesses,
including the person who is the subject of the investigation, in the manner
provided by law in civil cases;
     (d) Require answers to interrogatories;
     (e) Compel the production of books,
papers, electronic files, accounts and other documents pertaining to the
investigation;
     (f) Issue subpoenas;
     (g) Inspect the premises of a veterinary
facility in which any part of a licenseeÂ’s practice of veterinary medicine is
conducted if the board has evidence of conditions that are deficient or not in
compliance with standards for veterinary medical facilities adopted by rule by
the board; and
     (h) Order an applicant or licensee to
undergo a mental examination, a physical examination or a professional
competency examination when the board has evidence indicating the incapacity of
the applicant or licensee to practice veterinary medicine safely.
     (3) If after such investigation the board
has reason to believe that any person is subject to prosecution criminally for
the violation of this chapter, the board shall report the case to the
appropriate district attorney or to the Attorney General. [Amended by 2003
c.164 §1; 2003 c.178 §4; 2007 c.795 §1]
     Note: Section 2, chapter 795, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
686.260 by section 1 of this 2007 Act apply to all complaints before and
investigations undertaken by the Oregon State Veterinary Medical Examining
Board on its own initiative on or after the effective date of this 2007 Act
[January 1, 2008]. [2007 c.795 §2]
     686.270
Injunction against violations.
If at any time the Oregon State Veterinary Medical Examining Board concludes
that any person is violating the
     686.280 [Renumbered 686.245]
     686.290
Courts having jurisdiction.
Justice courts and circuit courts have concurrent jurisdiction of prosecutions
for the violation of this chapter. [Amended by 1979 c.562 §31; 1993 c.491 §11]
VETERINARY
TECHNICIANS
     686.350 [1975 c.619 §7; 1987 c.651 §8; 1989 c.171 §78;
1993 c.491 §12; repealed by 2003 c.178 §11]
     686.360
Duties that may be performed by veterinary technician; rules. All duties of a veterinary technician must
be performed under the supervision of a licensed veterinarian. The Oregon State
Veterinary Medical Examining Board shall promulgate rules regarding the
services a veterinary technician may perform, including, but not limited to:
     (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]
     686.370
Examination for license. (1)
All applicants for a veterinary technician license shall be given a written
examination to determine their knowledge of animal care, handling, basic
comparative mammalian health records, applied clinical laboratory procedures
and basic animal diseases and such other subjects as the Oregon State
Veterinary Medical Examining Board deems advisable. The examination shall be
designed to test both the scientific and practical knowledge of the applicants.
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 until after
the judging or grading is completed.
     (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; 2003 c.178 §5]
     686.375
Veterinary technician license; fee; rules. Upon application, accompanied by payment of the fee adopted by the
Oregon State Veterinary Medical Examining Board by rule, the board shall issue
a veterinary technician license to any applicant who furnishes satisfactory
evidence that the applicant has met the requirements for licensure as a
veterinary technician established by the board by rule. [2003 c.178 §1]
     Note: 686.375 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.
     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
     686.410
Continuing education required; rules. (1) Each veterinarian or veterinary technician licensed in this state
shall satisfactorily continue professional education in subjects related to the
practice of veterinary medicine or the duties of a veterinary technician in
order to be eligible for the renewal of a license to practice veterinary
medicine or to act as a veterinary technician.
     (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 or to act as a veterinary
technician.
     (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 ensure satisfactory completion of the
professional educational activity. [1979 c.743 §3; 2003 c.178 §6]
     686.420
Notice of license expiration; rules; effect of failure to comply with criteria
for continuing education; waiver. (1) A license to practice veterinary medicine or to act as a
veterinary technician expires on December 31 or on such date as may be
specified by rule of the Oregon State Veterinary Medical Examining Board. The
board shall give each person holding a license a notice of pending expiration
at least 60 days before the license expires. This notice shall be sufficient if
mailed to the last address filed with the board by the license holder.
Appropriate forms for the presentation of evidence of professional activity
shall be mailed with the notice of expiration.
     (2) The board shall determine whether the
professional educational activity participated in by each applicant for license
renewal is within the criteria established under ORS 686.410. 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.
     (3) 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; 2003 c.178 §7;
2007 c.768 §49]
MISCELLANEOUS
PROVISIONS
     686.440
Immunity from civil liability for emergency treatment. (1) A veterinarian or veterinary technician
is not civilly liable for the acts or omissions described in subsection (2) of
this section if:
     (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]
REPORTING
ANIMAL ABUSE
     686.442
Legislative findings. The
Legislative Assembly finds that there is a direct link between the problems of
animal abuse and human abuse and further finds that for the purposes of
identifying and prosecuting individuals who have committed crimes against
animals, preventing further abuse of animals and preventing animal abuse from
escalating to abuse against humans, it is necessary and in the public interest
to require mandatory reporting of aggravated animal abuse by veterinarians. [2003
c.275 §1]
     Note: 686.442 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.
     686.445
Reporting of abandoned, neglected or abused animals; immunity from liability
for report; reporting animals injured by trapping device. (1) Except as provided in ORS 686.455,
licensed veterinarians and veterinary technicians may report to peace officers,
animal control officers or officers of private organizations devoted to humane
treatment of animals any animal that the veterinarian or veterinary technician
knows or reasonably believes to be abandoned, neglected or abused. Any
veterinarian or veterinary technician making a report under this section is
immune from any civil or criminal liability by reason of making the report.
     (2) Veterinarians licensed and practicing
in
     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.
     686.450
Definitions. As used in ORS
686.450 to 686.465 and 686.990 (3):
     (1)(a) “Aggravated animal abuse” means any
animal abuse as described in ORS 167.322.
     (b) “Aggravated animal abuse” does not
include:
     (A) Good animal husbandry, as defined in
ORS 167.310; or
     (B) Any exemption listed in ORS 167.335.
     (2) “Law enforcement agency” means:
     (a) Any city or municipal police
department.
     (b) Any county sheriff’s office.
     (c) The
     (d) A law enforcement division of a humane
society in
     (e) A law enforcement division of a county
or municipal animal control agency that employs sworn officers.
     (3) “Veterinarian” means a person licensed
to practice veterinary medicine under ORS chapter 686. [2003 c.275 §2]
     Note: 686.450 to 686.465 and 686.990 (3) were
enacted into law by the Legislative Assembly but were 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.
     686.455
Duty to report aggravated animal abuse. (1) A veterinarian who has reasonable cause to believe that an animal
with which the veterinarian has come in contact has suffered aggravated animal
abuse, or that any person with whom the veterinarian has come in contact has
committed aggravated animal abuse, shall immediately report the suspected
aggravated animal abuse in the manner prescribed in subsection (2) of this
section.
     (2) A report of suspected aggravated animal
abuse required under subsection (1) of this section shall be made to a law
enforcement agency, either orally or in writing, and shall include, if known:
     (a) The name and description of each
animal involved;
     (b) The address and telephone number of the
owner or other person responsible for the care of the animal;
     (c) The nature and extent of the suspected
aggravated animal abuse;
     (d) Any evidence of previous aggravated
animal abuse;
     (e) Any explanation given for the
suspected aggravated animal abuse; and
     (f) Any other information that the person
making the report believes may be helpful in establishing the cause of the
suspected aggravated animal abuse or the identity of the person causing the
aggravated animal abuse. [2003 c.275 §3]
     Note: See note under 686.450.
     686.460
Duty of law enforcement agency after receiving report of aggravated animal
abuse. (1) A law enforcement
agency receiving a report of suspected aggravated animal abuse pursuant to ORS
609.654 or 686.455 shall investigate the nature and cause of the suspected
aggravated animal abuse.
     (2) If the law enforcement agency finds
reasonable cause to believe that aggravated animal abuse has occurred, the law
enforcement agency shall process the case in the same manner as any other
criminal investigation. [2003 c.275 §4; 2007 c.731 §5]
     Note: See note under 686.450.
     686.465
Immunity for reporting in good faith. A veterinarian who acts in good faith and has reasonable grounds for
making a report of suspected aggravated animal abuse under ORS 686.455 is not
liable in any civil or criminal proceeding brought as a result of making the
report. [2003 c.275 §5]
     Note: See note under 686.450.
EUTHANASIA
TASK FORCE
     686.510
Euthanasia Task Force; fees; use of fees. The Oregon State Veterinary Medical Examining Board may establish a
certified Euthanasia Task Force and may assess application and certification
fees against certified euthanasia technicians and their employers. The fees so
assessed are continuously appropriated to the board to support activities of
the task force. [1987 c.651 §10]
PENALTIES
     686.990
Penalties. (1) Violation of
ORS 686.020 (1)(a) is a Class A misdemeanor.
     (2) In addition to any other sanction
imposed by law, the Oregon State Veterinary Medical Examining Board may impose
a civil penalty not to exceed $5,000 for each violation of ORS 686.020 (1).
     (3) Failure to file a report of suspected
aggravated animal abuse as required by ORS 686.455 is punishable by a fine of
not more than $1,000. [Amended by 1963 c.59 §1; 2003 c.178 §8; subsection (2)
of 2003 Edition enacted as 2003 c.178 §10; subsection (3) of 2003 Edition
enacted as 2003 c.275 §6; 2005 c.196 §3]
     Note: See note under 686.450.
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.