Current through all regulations passed and filed through September 16, 2024
(A) A veterinary
business facility not vested with a majority controlling interest by one or
more currently Ohio licensed veterinarians, must meet the requirements of
section
4741.28
of the Revised Code to obtain a veterinary business facility license in order
to provide veterinary medical services in the state of Ohio.
(B) The board shall evaluate whether a
program has met the requirements of section
4741.28
of the Revised Code before issuing an initial license.
(C) A veterinary business facility will
maintain minimum standards of sanitary and hygienic methods to be used in the
humane care and treatment of animals as established in rule
4741-1-03
of the Administrative Code.
(D) A
veterinary business facility must meet and comply with all requirements as set
forth in section
4741.28
of the Revised Code and rules adopted by the board in accordance with Chapter
119. of the Revised Code; and any other applicable state or federal laws and
rules. Failure to meet and maintain these requirements shall be considered
noncompliance and may affect the facility's licensure status. The board has the
authority to suspend or revoke a license, to refuse to issue or renew a
license, and/or impose a civil penalty of up to ten thousand dollars on a
person who owns, operates or controls a veterinary business facility for any
violation of Chapter 4741. of the Revised Code and/or rules established by the
board. The board shall suspend or revoke a license or impose civil penalties
only pursuant to an adjudication process in accordance with Chapter 119. of the
Revised Code for the following, but not limited to:
(1) Any violation of Chapter 4741. of the
Revised Code or rules established by the board;
(2) Falsification of or fraudulent submission
of licensure or renewal application;
(3) False or misleading advertisement which
causes any person to act to the person's detriment in the care or treatment of
any animal;
(4) Failure to conform
to the rules of the board or the standards of the profession governing proper,
humane, sanitary, and hygienic methods to be used in the care and treatment of
animals;
(5) Obtains a fee on the
assurance that an incurable disease can be cured;
(6) Divides fees or charges or has any
arrangement to share fees or charges with any other person, except on the basis
of services performed;
(7) Violates
the federal and state laws regulating the storage and use of controlled
substances;
(8) Fails to report
promptly to the proper official any known reportable disease;
(9) Fails to report promptly vaccinations or
the results of tests when required to do so by law or rule;
(10) Has been adjudicated incompetent for the
purpose of holding the license or permit by a court, as provided in Chapter
2111. of the Revised Code, and has not been restored to legal capacity for that
purpose;
(11) Permits a person not
a licensed veterinarian, a veterinary student, a registered veterinary
technician, or an animal aide to engage in work or perform duties in violation
of this chapter;
(12) Has knowledge
that the managing veterinarian is guilty of gross incompetence or gross
negligence;
(13) Is practicing with
a revoked, suspended, expired, or terminated license;
(14) Makes or files a report, health
certificate, vaccination certificate, or other document which the facility
knows is false, or negligently or intentionally fails to file a report or
record required by an applicable state or federal law;
(15) Makes available a dangerous drug, as
defined in section
4729.01
of the Revised Code, to any person other than for the specific treatment
of an animal patient;
(16) Refuses
to permit a board investigator or the board's designee to inspect the business
premises during regular business hours, except as provided in division (A) of
section
4741.26 of the
Revised Code;
(17) Violates any
order of the board or fails to comply with a subpoena of the board;
(18) Fails to maintain medical records as
required by rule of the board;
(19)
Engages in cruelty to animals;
(20)
Uses, prescribes, or sells any veterinary prescription drug or biologic, or
prescribes any extra-label use of any over-the-counter drug or dangerous drug
in the absence of a valid veterinary-client-patient relationship.
(E) It is the responsibility of
the veterinary business facility to establish whether the managing veterinarian
holds a current, valid Ohio license.
