Okla. Stat. tit. 59, § 59-698.14a

Suspension or revocation of license or certificate – Complaints –

Hearings – Penalties.

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A. A range of sanctions is hereby made available to the State

Board of Veterinary Medical Examiners which includes, but is not

limited to:

1. Revocation of licensure or certification;

2. Suspension of licensure or certification;

3. Probation of licensure or certification;

4. Refusal to renew a license or certification;

5. Injunctions and other civil court actions;

6. Reprimand, censure, agreement to voluntary stipulation of

facts and imposition of terms of disciplinary action;

7. Administrative citation and administrative penalties; and

8. Prosecution through the office of the district attorney.

B. 1. The Board may take such action as the nature of the

violation requires.

2. Upon a determination that a violation has been committed,

the Board shall, by clear and convincing evidence, have the

authority to impose upon the alleged violator, the payment of costs

expended by the Board in investigating and prosecuting the cause, to

include, but not be limited to, staff time, salary and travel

expenses, witness fees and attorney fees and same shall be

considered part of the order of the Board.

3. The Board shall make report of action to any association,

organization or entity deemed appropriate for transmittal of the

public record but shall in no cause be held liable for the content

of the reported action or be made a party to action taken as a

result of the sanction imposed by the State Board of Veterinary

Medical Examiners.

C. The president or secretary-treasurer of the Board may issue

a confidential letter of concern to a licensee or certificate holder

when, though evidence does not warrant formal proceedings, there has

been noted indications of possible misconduct by the licensee or

certificate holder that could lead to serious consequences and

formal action.

D. The Board may require an applicant for licensure or

certification or a licensee or certificate holder to be examined on

the applicant's or holder's medical knowledge and skills should the

Board find, after due process, that there is probable cause to

believe the licensee or certificate holder or applicant may be

deficient in such knowledge and skills.

E. The Board may take disciplinary action or other sanctions

upon clear and convincing evidence of unprofessional or dishonorable

conduct, which shall include, but not be limited to:

1. Fraud or misrepresentation in applying for or procuring a

license or certificate to practice veterinary medicine in any

federal, state or local jurisdiction;

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2. Cheating on or attempting to cheat on or subvert in any

manner whatsoever the licensing or certificate examination or any

portion thereof;

3. The conviction of or entry of a guilty plea or plea of nolo

contendere involving a felony in this or any other jurisdiction,

whether or not related to the practice of veterinary medicine;

4. Conduct likely to deceive, defraud, or harm the public;

5. The making of a false or misleading statement regarding

one's skill or the efficacy or value of the medicine, treatment or

remedy prescribed by the licensed veterinarian or at the licensed

veterinarian's direction in the treatment of any disease or other

condition of the animal;

6. Representing to a client that a manifestly incurable

condition, sickness, disease or injury can be cured or healed;

7. Negligence in the practice of veterinary medicine;

8. Practice or other behavior that demonstrates a manifest

incapacity or incompetence to practice veterinary medicine;

9. The use of any false, fraudulent or deceptive statement in

any document connected with the practice of veterinary medicine;

10. Failure to notify the Board of current address of practice;

11. Aiding or abetting the practice of veterinary medicine by
f veterinary medicine;

8. Practice or other behavior that demonstrates a manifest

incapacity or incompetence to practice veterinary medicine;

9. The use of any false, fraudulent or deceptive statement in

any document connected with the practice of veterinary medicine;

10. Failure to notify the Board of current address of practice;

11. Aiding or abetting the practice of veterinary medicine by

an unlicensed, incompetent or impaired person;

12. Habitual use or abuse of alcohol or of a habit-forming drug

or chemical which impairs the ability of the licensee or certificate

holder to practice veterinary medicine;

13. Violation of any laws relating to the administration,

prescribing or dispensing of controlled dangerous substances or

violation of any laws of the federal government or any state of the

United States relative to controlled dangerous substances including,

but not limited to, prescribing, dispensing or administering opioid

drugs in excess of the maximum limits authorized in Section 2-309I

of Title 63 of the Oklahoma Statutes;

14. Obtaining a fee by fraud or misrepresentation;

15. Directly or indirectly giving or receiving any fee,

commission, rebate or other compensation for professional services

not actually and personally rendered, not to preclude the legal

function of a lawful professional partnership, corporation or

association;

16. Failure to report to the Board any adverse action taken by

another jurisdictional body, by any peer review body, health-related

licensing or disciplinary jurisdiction, law enforcement agency or

court for acts or conduct related to the practice of veterinary

medicine;

17. Failure to report to the Board surrender of a license or

other certificate of authorization to perform functions based on the

holding of a license or certificate to practice veterinary medicine

or surrender of membership in any organization or association

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related to veterinary medicine while under investigation by that

association or organization for conduct similar to or the same as

acts which would constitute grounds for action as defined in the

Oklahoma Veterinary Practice Act;

18. Failure to furnish the Board, its staff or agents

information legally requested or failure to cooperate with a lawful

investigation conducted by or on behalf of the Board;

19. Failure to pay appropriately assessed fees or failure to

make any personal appearance required by the Board or any of its

officers;

20. The practice of veterinary medicine in the absence of a

bona fide veterinarian-client-patient relationship. The preclusion

of a veterinarian-client-patient relationship by a veterinarian who

in good faith renders or attempts to render emergency care to a

victim pursuant to a Good Samaritan application shall not constitute

grounds for discipline pursuant to the Oklahoma Veterinary Practice

Act;

21. Providing vaccinations or elective surgical procedures on

skunks, namely Mephitis mephitis (striped), Conepatus mesoleusus

(hog-nosed), and Spilogale putorius (spotted), unless the animal is

under the custody and care of a recognized zoological institution,

research facility, or person possessing an appropriate and current

wildlife permit issued by the Oklahoma Department of Wildlife

Conservation or Oklahoma Department of Agriculture; or

22. Violation of any provisions of the Oklahoma Veterinary

Practice Act or the rules and policies of the Board or of an action,

stipulation or agreement of the Board.

F. 1. The Board may commence any legal action to enforce the

provision of the Oklahoma Veterinary Practice Act and may exercise

full discretion and authority with respect to enforcement actions.

Administrative sanctions taken by the Board shall be made in

accordance with Article II of the Administrative Procedures Act, the

Oklahoma Veterinary Practice Act, and other applicable laws of this
.

F. 1. The Board may commence any legal action to enforce the

provision of the Oklahoma Veterinary Practice Act and may exercise

full discretion and authority with respect to enforcement actions.

Administrative sanctions taken by the Board shall be made in

accordance with Article II of the Administrative Procedures Act, the

Oklahoma Veterinary Practice Act, and other applicable laws of this

state. The Board shall take appropriate enforcement action when

required, assuring fairness and due process to the defendant.

2. The Board or its designee may hold informal conferences to

negotiate a settlement of a dispute; provided that the conference is

agreed to in writing by all parties and said conference does not

preclude a hearing on the same matters. The Board shall not

consider the agreement binding should a hearing be held subsequent

to the agreement.

G. The Board may summarily suspend a license or certificate

prior to a formal hearing when it has found upon clear and

convincing evidence that such action is required to protect the

public or animal health or welfare or when a person under the

jurisdiction of the Board is convicted of a felony, whether or not

related to the practice of veterinary medicine; provided such action

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is taken simultaneously with proceedings for setting a formal

hearing to be held within thirty (30) days after the summary

suspension.

H. 1. The Board may issue an order to any licensee or

certificate holder, obtain an injunction or take other

administrative, civil or criminal court action against any person or

any corporation or association, its officers, or directors, to

restrain said persons from violating the provisions of the Oklahoma

Veterinary Practice Act.

2. Violations of an injunction shall be punishable as contempt

of court. No proof of actual damage to any animal shall be required

for issuance of an order or an injunction, nor shall an injunction

relieve those enjoined from administrative, civil or criminal

prosecution for violation of the Oklahoma Veterinary Practice Act.

I. 1. The State Board of Veterinary Medical Examiners may

suspend, revoke or refuse to renew the license or certificate of any

person holding license or certificate to practice veterinary

medicine in this state or place such person on probation for

unprofessional conduct, but no such suspension or revocation or

refusal to renew, or probation shall be made, unless otherwise

provided for herein, until such be cited to appear for hearing. No

such citation shall be issued except upon a sworn complaint filed

with the president or secretary-treasurer of said Board charging the

licensee or certificate holder with having been guilty of

unprofessional conduct and setting forth the particular act or acts

alleged to constitute such unprofessional conduct.

2. In the event it comes to the attention of the Board that a

violation of the rules of professional conduct may have occurred,

even though a formal complaint or charge may not have been filed,

the Board may conduct an investigation of such possible violation,

and may, upon its own motion, institute a formal complaint. In the

course of such investigation, persons appearing before the Board may

be required to testify under oath.

J. 1. Upon the filing of a complaint, either by an individual

or the Board, the citation shall be issued by the president or

secretary-treasurer of the Board over such officer's signature and

seal of the Board, setting forth the particulars of the complaint,

and giving due notice of the time and place of the hearing by the

Board. The citation shall be made returnable at the next meeting of

the Board at which hearing is set and shall be no less than thirty
the Board, the citation shall be issued by the president or

secretary-treasurer of the Board over such officer's signature and

seal of the Board, setting forth the particulars of the complaint,

and giving due notice of the time and place of the hearing by the

Board. The citation shall be made returnable at the next meeting of

the Board at which hearing is set and shall be no less than thirty

(30) days after issuance of the citation;

2. The accused shall file a written answer under oath with

notice of intent to appear or be represented within twenty (20) days

after the service of the citation. Failure to respond to the

citation within the prescribed time shall constitute default;

3. The license or certificate of the accused shall be

suspended, revoked or not renewed if the charges are found, by clear

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and convincing evidence, sufficient by the Board; provided, the

president or secretary-treasurer of the Board may extend the time of

answer upon satisfactory showing that the defendant is for

reasonable cause, unable to answer within the prescribed twenty (20)

days, but in no case shall the time be extended beyond the date of

the next scheduled meeting for hearing the complaint, unless

continuance thereof be granted by the Board; and

4. All citations and subpoenas under the contemplation of the

Oklahoma Veterinary Practice Act shall be served in general

accordance with the statutes of this state applying to the service

of such documents. All provisions of the statutes of this state

relating to citations and subpoenas are hereby made applicable to

the citations and subpoenas herein provided. All the provisions of

the statutes of this state governing the taking of testimony by

depositions are made applicable to the taking of depositions

pursuant to the Oklahoma Veterinary Practice Act.

K. The Executive Director, secretary-treasurer, designee, or

prosecuting attorney for the Board, during the course of any lawful

investigation, may order or subpoena the attendance of witnesses,

the inspection of records, and premises and the production of

relevant records, books, memoranda, documents, radiographs, or other

papers or things for the investigation of matters that may come

before the Board.

L. 1. The attendance of witnesses may be compelled in such

hearings by subpoenas issued by the president or secretary-treasurer

of the Board over the seal thereof, and the president or secretary-

treasurer shall in no case refuse to issue subpoenas upon praecipe

filed therefor accompanied by the fee set by the Board by rule for

the issuance of such subpoenas.

2. If any person refuses to obey a subpoena properly served

upon such person or in the manner, the fact of such refusal shall be

certified by the secretary-treasurer of the Board over the seal

thereof to the district attorney of the county in which such service

was had, and the court shall proceed to hear said matter in

accordance with the statutes of this state then in force governing

contempt as for disobedience of its own process.

M. 1. The State of Oklahoma is a proper and necessary party in

the prosecution of all such actions and hearings before the Board in

all matters pertaining to unprofessional conduct and disciplinary

action. The Attorney General of the state, in person or by deputy,

is authorized to appear in behalf thereof. The defendant in any

such actions shall have the right to be represented by counsel.

2. The Board is empowered to enter into agreement with or

employ one or more attorneys to conduct the business of the Board in

the absence of representation by the Attorney General or designee or

in conjunction with representation by the Attorney General or

designee.

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3. The Board shall sit as a trial body and the rulings of the
The Board is empowered to enter into agreement with or

employ one or more attorneys to conduct the business of the Board in

the absence of representation by the Attorney General or designee or

in conjunction with representation by the Attorney General or

designee.

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3. The Board shall sit as a trial body and the rulings of the

Board shall be by majority vote. Appeal to the rulings thereof

shall be by petition to the district court of the district in which

the hearing was held. The secretary-treasurer of the Board shall

cause a record of all proceedings to be made and a transcript of the

proceedings or any part thereof may be obtained by payment of actual

cost of taking and preparation of transcript of such proceedings or

part thereof.

N. All final disciplinary actions, license denials, related

findings of fact and conclusions of law are matters of public

record. Voluntary surrender of and voluntary limitations on the

veterinarian's practice or license shall be public record.

O. Certificate holders or faculty of veterinary medical schools

shall report to the Board in writing any information that gives

reason to believe a veterinarian is incompetent, guilty of

unprofessional conduct or is unable to engage safely in the practice

of veterinary medicine. Cause for reporting shall be for, but not

limited to, the following instances:

1. Voluntary resignation from a professional partnership,

corporation or practice for reason of inability to practice;

2. Malpractice claims, judgments, settlements or awards;

3. Civil or criminal convictions; or

4. Other actions that indicate inability to practice with

reasonable skill and safety.

P. The Board shall consider violation of any of the Rules of

Professional Conduct a violation of the Oklahoma Veterinary Practice

Act section on unprofessional conduct and shall proceed with

disciplinary action as set out in the Oklahoma Veterinary Practice

Act.

Q. 1. In addition to other penalties prescribed by the

Oklahoma Veterinary Practice Act, any person who the Board has

determined by clear and convincing evidence to have violated any

provisions of the Oklahoma Veterinary Practice Act, or any rule or

order issued pursuant thereto shall be liable for an administrative

penalty of not more than Five Thousand Dollars ($5,000.00) for each

day that the violation continues.

2. The amount of the penalty shall be assessed by the Board

pursuant to the provisions of paragraph 1 of this subsection, after

notice and hearing. In determining the amount of the penalty, the

Board shall, by clear and convincing evidence, include, but not be

limited to, consideration of the nature, circumstances, and gravity

of the violation and, with respect to the person found to have

committed the violation, the degree of culpability, the effect on

ability of the person to continue to do business, and any show of

good faith in attempting to achieve compliance with the provisions

of the Oklahoma Veterinary Practice Act.

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3. All penalties collected pursuant to the provisions of this

subsection shall be deposited in the Veterinary Medical Examiners

Fund.