Emergency Adoptions

TITLE 775. Board of Veterinary Medical Examiners

CHAPTER 10. Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Tehnicians

[OAR Docket #11-165]

RULEMAKING ACTION:

Emergency adoption

RULES:

Subchapter 11. Animal Husbandry [RESERVED]

775:10-11-1 [RESERVED]

Subchapter 12. Equine Teeth Floating [RESERVED]

775:10-12-1 [RESERVED]

775:10-12-2 [RESERVED]

775:10-12-3 [RESERVED]

AUTHORITY:

59 O.S. Supp.2010, SEC. 698.1 et seq.; Board of Veterinary Medical Examiners

DATES:
Adoption:

January 14, 2011

Approved by Governor:

February 22, 2011

Effective:

Effective immediately upon governor's approval

Expiration:

Effective through July 14, 2011, unless superseded by another rule or disapproval by the Legislature.

SUPERSEDED EMERGENCY ACTIONS:

Superseded rules:

Subchapter 11. Animal Husbandry [NEW]

775:10-11-1 [NEW]

Subchapter 12. Equine Teeth Floating [NEW]

775:10-12-1 [NEW]

Gubernatorial approval:

August 17, 2010

Register publication:

28 Ok Reg 36
Docket Number:
10-1178

Superseded rules:

Subchapter 12. Equine Teeth Floating [NEW]

775:10-12-2 [NEW]

775:10-12-3 [NEW]

Gubernatorial approval:

August 30, 2010

Register publication:

28 Ok Reg 54
Docket Number:
10-1186

INCORPORATIONS BY REFERENCE:

N/A

FINDING OF EMERGENCY:

With the passage of HB 3202 acts of animal husbandry were included as acts not prohibited under the Veterinary Practice Act but such acts were not defined, so it was unclear what acts constituted animal husbandry. In addition the provisions of HB 3202 allowed lay people to float horse's teeth and provided for certification of certain nonveterinary dental care providers. New rules were necessary to help clarify the certification process and requirements for certification. Therefore, the Board passed emergency rules addressing these issues, which were approved by the Governor, effective August 30, 2010. In October of 2010 two Farm Bureau entities filed a lawsuit in Oklahoma County District Court challenging the emergency rules. The Board met with Farm Bureau representatives on several occasions and both parties have drafted proposed language for statute changes but no resolution has yet been finalized. Due to the strong interest displayed by numerous industry groups and the time needed to consider their comments, the Board believes it is in the best interest of the public and all parties involved to revoke the Emergency Rules.

ANALYSIS:

Emergency action is necessary to withdraw the previous Emergency Rules that were approved by the Governor August 30, 3010.

CONTACT PERSON:

Cathy Kirkpatrick (405) 524-9006.

PURSUANT TO THE ACTIONS DECLARED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253 (D):

SUBCHAPTER 11. Animal Husbandry [RESERVED]

775:10-11-1. [RESERVED]

SUBCHAPTER 12. Equine Teeth Floating [RESERVED]

775:10-12-1. [RESERVED]

775:10-12-2. [RESERVED]

775:10-12-3. [RESERVED]

[OAR Docket #11-165; filed 2-24-11]