BACKGROUND INFORMATION PERTAINING TO LEGISLATIVE CHANGES THAT WILL AFFECT VETERINARIANS AND THE ANIMAL-OWNING PUBLIC IN OKLAHOMA In 2008 and 2009 the Oklahoma State Board of Veterinary Medical Examiners (OSBVME) acted on complaints pertaining to equine tooth floating and reproductive services involving cattle. In both instances prescription labeled drugs (RX) were being used by lay individuals to perform their tasks for hire. The Board cited both individuals/groups for practicing veterinary medicine without a license and possessing and using RX drugs without a valid veterinarian-client-patient relationship (VCPR). The actions that followed were astounding and deserve the attention of all who practice veterinary medicine as well as all citizens who wish to preserve professional conduct in the management of animal welfare and health by licensed individuals.

Representative Don Armes (R. Lawton) joined with individuals with various groups to change the practice act such that these practices by laymen could continue without oversight. The tooth floaters and Rep. Armes organized several horse fanciers/breeders to assemble at the capitol building, meet with their legislators and demand that the law be changed. The OVMA also responded with contacts of their own legislators. Representatives Armes, Dewitt, Fields and many other interested parties met with the OSBVME to discuss a solution. The Board offered to “grandfather” some of the tooth floaters if they were willing to take and pass an examination prepared by the Board, acquire insurance and accept a referral from a licensed practicing veterinarian. The Board also moved forward by adding tooth floating to the skills practiced by a Registered Veterinary Technician.

Armes et al. withdrew their bill to change the practice act to include the lay procedures described as exceptions to the practice of veterinary medicine but, alternatively, chose to change the penalty for any violation of the practice act from felony to misdemeanor. Through a compromise agreement with the OVMA Executive Committee that change was made (the violation of the practice act was granted felony status previously due to legislation sponsored by the Oklahoma Bureau of Narcotics and Dangerous Drugs).

This year Armes is planning legislation to grant the tooth floaters exclusion from the practice of veterinary medicine and has alluded to the removal of reproduction services and the VCPR requirement from the practice act. If they are successful, dentistry and bovine/cervidae reproduction management will become lay activities. Those who practice these procedures will continue to use RX drugs because they are aware that the FDA does not have the manpower to police such acquisition and usage. Armes has stated that he plans to restrict the dentistry and reproduction to large animals, however, there is precedence established that allow small animal dentistry and reproduction to be included through litigation once the legislation is enacted.

If you wish to have animal welfare and health continue to be managed by licensed practitioners then you must begin the arduous task of informing the public with clear information about the ramifications of the proposed changes to state law!