SECTION 775:10-8-2. Definitions  


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  •   The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:
    "Administer" means the direct application of a controlled dangerous substance, whether by injection, inhalation, ingestion or any other means, to the body of an animal.
    "Animal" means any animal other than humans, whether wild or domestic, and includes, but is not limited to, mammals, birds, fish, and reptiles.
    "Animal Control Agency" means a federal, state, county or municipal agency or an agency which is a political division or subdivision of a federal, state, county or municipal agency authorized by law with the duties of enforcing laws or ordinances relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any federal, state or local law enforcement agency which employs animal control officers, peace officers or other employees whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
    "Animal handler" means a person who is trained in techniques of animal handling and human safety and is not certified as an animal euthanasia technician.
    "Animal Shelter" means a private animal shelter, humane society organization or wildlife rehabilitation facility, which is recognized and approved by the Board.
    "Board" means the Oklahoma State Board of Veterinary Medical Examiners.
    "Citizen complaint" means a written or oral statement of complaint from any person of a possible violation of the Veterinary Practice Act or implementing rules.
    "Commercial container" means any container in which a controlled dangerous substance is packaged by the manufacturer or distributor and includes, but is not limited to, vials, bottles and cartons. The term "commercial container" does not include package inserts, such as drug information.
    "Committee" means the committee on animal euthanasia technicians.
    "Complaint" means a written statement of alleged violation of the Veterinary Practice Act and/or implementing rules by a person or entity under the jurisdiction of the Board and which is filed with the Secretary-Treasurer in anticipation of the issuance of a citation. This definition is distinct from a citizen complaint.
    "Controlled Dangerous Substance" means a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of Title 63 of the Oklahoma Statutes.
    "DEA" means the Drug Enforcement Administration.
    "Denatured sodium pentobarbital" means sodium pentobarbital to which an agent has been added that makes it unsuitable for use other than for euthanasia of animals.
    "Dispense" means to deliver a controlled dangerous substance to an ultimate user by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for such delivery.
    "Dispose" or "disposal" means the physical delivery of a controlled dangerous substance to the OSBI, OBN or DEA for destruction.
    "Employee" means an individual who is under wages or a salary, and where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. The term "Employee" does not include an individual providing services under contract.
    "Euthanasia drug" means denatured sodium pentobarbital or other drug approved for animal euthanasia by the Board.
    "Euthanasia Technician" means an employee of a law enforcement agency, an animal control agency, or animal shelter that is recognized and approved by the Board, who is certified by the Board and trained to administer sodium pentobarbital to euthanize injured, sick, homeless or unwanted domestic pets and other animals. This person may use the title "Certified Animal Euthanasia Technician (CAET)".
    "Fiscal year" means the fiscal year of the Board, which is July 1 through June 30.
    "Law Enforcement Agency" means a federal, state, county or municipal agency or other agency authorized by law with the duties to maintain public order, make arrests, serve warrants, and enforce the laws of the United States, this state, and county or municipal ordinances.
    "Licensed veterinarian" means a veterinarian who holds an active license to practice veterinary medicine in this state.
    "Mid-level practitioner" means an individual practitioner, other than a physician, dentist, veterinarian, or podiatrist, who is licensed, regulated, or otherwise permitted by the United States or the jurisdiction in which he/she practices, to dispense a controlled substance in the course of professional practice.
    "Non-commercial container" means any container other than a commercial container which contains a controlled dangerous substance. A non-commercial container includes, but is not limited to, vials, bottles, boxes or envelopes into which a controlled dangerous substance has been transferred from a commercial container.
    "OAC" means the Oklahoma Administrative Code.
    "OBN" means the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
    "OSBI" means the Oklahoma State Bureau of Investigation.
    "Primary container" means any container, whether commercial or non-commercial, which is in direct contact with a controlled dangerous substance, whether the substance is liquid, solid or encapsulated, and includes, but is not limited to, vials, bottles, boxes or envelopes.
    "Regulations" means federal regulations as published in the Code of Federal Regulations and which are promulgated under and implement federal statutes.
    "Rules" means the administrative rules as published in the Oklahoma Administrative Code and which are promulgated under and implement Oklahoma Statutes.
    "Transfer" means the physical transfer of a controlled dangerous substance from one individual registered with the OBN and DEA to another individual registered with the OBN and DEA.
    "Veterinary Practice Act" means Title 59, Section 698.1 et seq. of the Oklahoma Statutes.
    "Wildlife rehabilitation facility" means a non-profit organization that cares for and rehabilitates sick or injured wildlife.
[Source: Added at 18 Ok Reg 1379, eff 5-11-01; Amended at 18 Ok Reg 3371, eff 5-21-01 (emergency); Amended at 19 Ok Reg 1872, eff 7-1-02; Amended at 20 Ok Reg 1822, eff 7-1-03; Amended at 27 Ok Reg 1052, eff 7-1-10]