Oklahoma § 59-698.16 - Abandoned animals

§ 59-698.16. Abandoned animals

A. 1. Any animal except domestic animals as such term is

defined in Section 85.1 of Title 4 of the Oklahoma Statutes placed

in the custody of a licensed veterinarian for services which is

abandoned by its owner, the owner’s agent, or any other person for a

period of more than three (3) days after written notice is given by

registered or certified mail, return receipt, is receipted, refused,

unclaimed or by actual hand-delivery to the owner or the owner’s

Oklahoma Statutes - Title 59. Professions and Occupations

agent at the last-known address of the owner or the owner’s agent,

shall be deemed abandoned and may be sold, disposed of in a humane

manner by the veterinarian or turned over to the custody of the

nearest humane society, or animal shelter.

2. Any animal except domestic animals as such term is defined

in Section 85.1 of Title 4 of the Oklahoma Statutes placed in the

custody of a licensed veterinarian for, but not limited to,

boarding, treatment, or any other care, which is abandoned by an

anonymous individual for a period of more than five (5) days, shall

be deemed to be abandoned and may be sold, disposed of in a humane

manner by the veterinarian or turned over to the custody of the

nearest humane society or animal shelter.

B. Any domestic animal as such term is defined by Section 85.1

of Title 4 of the Oklahoma Statutes placed in the custody of a

licensed veterinarian for boarding, treatment or any other reason

which is abandoned by the owner, the owner’s agent or by an

anonymous individual may be disposed of as required for estrays

pursuant to Chapter 4 of Title 4 of the Oklahoma Statutes.

C. 1. Compliance with the notice provisions of this section by

the licensed veterinarian or the disposal of an animal pursuant to

subsection B of this section, as provided in subsection A of this

section, shall relieve the licensed veterinarian and any custodian

to whom such animal may be given of any further liability for

disposal.

2. Such procedure by a licensed veterinarian shall not

constitute grounds for disciplining pursuant to the Oklahoma

Veterinary Practice Act.

3. Compliance with this section shall relieve the veterinarian

from liability for such disposal or sale.

Added by Laws 1971, c. 126, § 16, emerg. eff. May 4, 1971. Amended

by Laws 1982, c. 192, § 9, emerg. eff. April 22, 1982; Laws 1990, c.

314, § 15, eff. Sept. 1, 1990; Laws 1999, c. 94, § 19, eff. Nov. 1,

1999; Laws 2005, c. 172, § 2, eff. Nov. 1, 2005; Laws 2006, c. 72, §

1, eff. Nov. 1, 2006.

§59-698.16a. Animal health records – Disclosure – Liability.

A. Animal health records shall be the property of the owner or

manager of a veterinary practice that has prepared such records, and

shall include, but not be limited to, written records and notes,

radiographs, sonographic images, video tapes, photographs,

laboratory reports, or other diagnostic or case management

information received as the result of consulting with other licensed

veterinarians or medical specialists.

B. Each licensed veterinarian shall keep and maintain a legible

patient record for a period of thirty-six (36) months from the date

of the last visit of the patient. Each licensed or certificate

holder veterinarian shall maintain records in a manner that will

Oklahoma Statutes - Title 59. Professions and Occupations

permit any authorized licensed veterinarian to proceed with the care

and treatment of the animal, if required, by reading the medical

record of that particular patient, and the record shall clearly

explain the initial examination. The State Board of Veterinary

Medical Examiners shall promulgate such rules as may be necessary to

ensure that patient records include certain necessary elements.

C. The owner or manager of any veterinary practice maintaining

animal health records shall provide the client or client’s agent

copies or a detailed written summary within ten (10) working days of

a request made in writing by the owner, unless the records are

required in an immediate life-threatening situation, at which time

the original records, copies of the written records or a detailed

written summary shall be forwarded to the attending or primary carelicensed veterinarian within the same working day. The owner or

manager of any veterinary practice maintaining records shall furnish

the copies pertaining to the case upon tender of the expense of such

copy or copies. Cost of each copy shall not exceed the amount

specified in the Open Records Act per page, and no more than a

reasonable cost of duplicating diagnostic images, tapes, or

radiographs. There shall be no search fees assessed for the

production or retrieval of any medical records.

D. 1. No veterinarian licensed pursuant to the Oklahoma

Veterinary Practice Act shall be required to disclose any

information concerning the licensed veterinarian’s care of an animal

except on written authorization or by other waiver by the licensed

veterinarian’s client or on appropriate court order, by subpoena or

as otherwise provided by this section.

2. Copies of or information from veterinary records shall be

provided without the owner’s consent to public or animal health,

wildlife or agriculture authorities, employed by federal, state or

local governmental agencies who have a legitimate interest in the

contents of said records for the protection of animal and public

health.

E. 1. Any licensed veterinarian releasing information under

written authorization or other waiver by the client or under court

order, by subpoena or as otherwise provided by this section shall

not be liable to the client or any other person.

2. The privilege provided by this section shall be waived to

the extent that the licensed veterinarian’s client or the owner of

the animal places the licensed veterinarian’s care and treatment of

the animal or the nature and extent of injuries to the animal at

issue in any civil or criminal proceeding.

Added by Laws 1999, c. 94, § 20, eff. Nov. 1, 1999.

§59-698.16b.

Liability.

Persons reporting information or investigating –

Oklahoma Statutes - Title 59. Professions and Occupations

No person or entity which, in good faith, reports or provides

information or investigates any person as authorized by the Oklahoma

Veterinary Practice Act, shall be liable in a civil action for

damages or relief arising from the reporting, providing of

information or investigation except upon clear and convincing

evidence that the report of information was completely false, or

that the investigation was based on false information, and that the

falsity was actually known to the person or entity making the

report, providing the information or conducting the investigation at

the time thereof.

Added by Laws 1999, c. 94, § 21, eff. Nov. 1, 1999.