Oregon Advisory Opinions November 21, 1945: OAG 45-219 (November 21, 1945)
Collection: Oregon Attorney General Opinions
Docket: OAG 45-219
Date: Nov. 21, 1945
Advisory Opinion Text
OAG 45-219.
Temporary certificates permitting graduates of veterinary college to practice veterinary medicine and surgery pending examination by state board expire at first meeting thereafter of the board and can not be extended. Holders or former holders of such certificates are not "licensed" and are not eligible to appointment as county veterinarians.
Gentlemen: You have requested an opinion as to the eligibility of two candidates who took, and failed to pass, your 1945 license examination, to appointment as county veterinarians under the provisions of chapter 355, Oregon Laws 1945, "to carry on the testing program in Josephine County."
Your letter states that the two men, recent graduates of a veterinary college, were given temporary certificates "dated to expire December 31, 1945---subject to examination".
Section 54-1021, O. C. L. A., as amended by chapter 67, Oregon Laws
1941, provides that a temporary certificate, permitting practice of veterinary medicine and surgery, may be issued to a candidate for examination by your board, which certificate "shall be given said applicant until the first meeting thereafter called and held by the board, and no longer." The certificates given the two men permitted them to practice from the time of issuance until the examination in October. Your board met to consider the results of that examination, and the two men in question were found not to have passed. Their temporary certificates expired at the time of your meeting and there is no way in which they could have been prolonged. The words of the law make that certain.
In considering § 54-1022, O. C. L. A., it must be remembered that its provision for an additional examination without charge to unsuccessful candidates who theretofore failed in an examination, has been removed through amendment by chapter 67, Oregon Laws 1941. The applicants in question must again pay the fee for examination.
These two men are not eligible for appointment as county veterinarians under the provisions of chapter 355, supra. Section 6 thereof requires that county veterinarians "shall in all cases have been licensed to practice veterinary medicine within the state of Oregon." The fact that the two men once held temporary certificates does not mean that they have been licensed in the sense of having been unqualifiedly admitted to practice veterinary medicine in this state. Chapter 355, supra, does not contemplate the appointment of a county veterinarian who, at the time of appointment, has no license to practice, whether or not he has had, in the past, a temporary certificate.
In view of the expiration of their temporary certificates, the two men in question are forbidden by § 54-1001, O. C. L. A., as amended by chapter 67, Oregon Laws 1941, from claiming "by any notice, sign or other indication," to be veterinaries, veterinarians or doctors of veterinary medicine or surgery. Likewise, they are forbidden to "diagnose or prognose any animal disease, deformities, defects, wounds or injuries, for hire, fee, reward or compensation, promised, offered, expected, received or accepted, directly or indirectly". The position of county veterinarian is one of service rendered for compensation offered. The duties are such that the two men could not legally be appointed to discharge them.
Questions regarding the license fees payable by these men are answered by repeating that they now have no license whatever and are not eligible to be licensed.