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PA Bulletin, Doc. No. 00-1982

PROPOSED RULEMAKING

STATE BOARD OF VETERINARY MEDICINE

[49 PA. CODE CH. 31]

Continuing Education

[30 Pa.B. 5969]

   The State Board of Veterinary Medicine (Board) proposes to amend § 31.15 (relating to continuing education) to read as set forth in Annex A. The proposed amendment would restrict the number of continuing education hours taken in individual study programs to 25% of the total hours required by statute and regulation.

Effective Date

   The limitation would be effective on final publication in the Pennsylvania Bulletin and would apply to continuing education credits earned during the December 1, 2000, to December 1, 2002, biennial renewal period.

Statutory Authority

   Section 18 of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.18), requires the Board to set the standards for continuing education programs to ensure that the programs meet the educational and professional requirements of the profession.

Background and Need for Amendment

   The Board's current regulation regarding continuing education was adopted at 26 Pa.B. 2785 (June 15, 1996). The current regulation mirrors the statutory requirements for biennial continuing education.

   Under the current system of approving continuing education programs for credit, a number of providers, such as the American Veterinary Medical Association and veterinary colleges, are preapproved and do not have to submit their proposed courses for approval of the Board. Other continuing education providers must submit a course description to the Board's continuing education committee for approval prior to the course being offered. For these courses, the committee reviews the proposed program and makes a recommendation to the entire Board. The Board then determines whether or not to approve the course for continuing education credit. If the course is approved for credit, the Board determines how many credits will be granted for completion of the course.

   Over the past year, an increasing number of continuing education providers whose courses are not preapproved have sought approval for individual study programs. The Board has granted credit for some of these individual study programs. The Board wishes to limit the number of individual study course credits a licensee may apply to meet the continuing education requirements for two reasons.

   First, the act mandates that all licensees complete a minimum of 8 hours of continuing education each biennial period. The Board is charged with enforcing this requirement. Because it is impossible for the Board to independently verify a licensee's completion of an individual study course, the Board believes that the number of individual study courses a licensee may use to fulfill the biennial continuing education requirement should be limited.

   Second, individual study courses do not provide licensees with an opportunity to interact with their professional colleagues, which is an integral component of traditional continuing education courses. Because the Board believes that interaction with professional peers is an important part of a licensee's participation in traditional continuing education courses, the Board believes that the number of individual study courses a licensee may use to fulfill the biennial continuing education requirement should be limited.

Description of Proposed Amendments

   The Board proposes to amend its continuing education regulation in § 31.15 to require that six of the eight credits required in each biennial period be earned from traditional continuing education programs. The remaining two credits may be earned from individual study programs.

Compliance with Executive Order 1996-1

   In accordance with Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the regulation, the Board sent the text of the proposed amendment to interested parties, including State and regional veterinary medical associations, associations of animal health technicians and veterinary schools. Only one predraft comment was received regarding the proposed amendment: the Bucks/Montgomery Counties Veterinary Medical Association endorsed the proposed amendment. In addition, the Board considered the amendment as required by law and the least restrictive means of covering the costs of services required to be performed by the Board.

Fiscal Impact

   The proposed amendment should have no fiscal impact on licensees, the Board, the private sector, the general public or any political subdivisions.

Paperwork Requirements

   The proposed amendment should not create additional paperwork for the Board or the private sector.

Sunset Date

   The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 8, 2000, the Board submitted a copy of this proposed amendment to IRRC and the Chairpersons of the House Professional Licensure Committee and Senate Consumer Protection and ProfessionalLicensure Committee for review and comment. In addition to submitting the proposed amendment, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendment, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Board, the General Assembly and the Governor of objections raised.

Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Robert Kline, Administrator, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.

BRIAN V. HARPSTER, V.M.D.,   
Chairperson

   Fiscal Note: 16A-5711. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 31.  STATE BOARD OF VETERINARY MEDICINE

LICENSURE

§ 31.15.  Continuing education.

   As a condition of licensure renewal under § 31.13 (relating to licensure renewal), a veterinarian shall attend [eight] 8 clock hours of continuing education courses approved by the Board during the 24 months preceding the renewal date. Continuing education credit will not be given for a course in office management or practice building. A maximum of 2 clock hours may be earned by taking individual study or correspondence courses for which third-party verification of satisfactory completion is provided. The courses shall meet the requirements of § 31.16 (relating to continuing education provider approval).

[Pa.B. Doc. No. 00-1982. Filed for public inspection November 17, 2000, 9:00 a.m.]



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