RULES AND REGULATIONS
STATE BOARD OF VETERINARY MEDICINE
[49 PA. CODE CH. 31]
Continuing Education
[31 Pa.B. 6942] The State Board of Veterinary Medicine (Board) adopts an amendment to § 31.15 (relating to continuing education) to read as set forth in Annex A.
Notice of proposed rulemaking was published at 30 Pa.B. 5969 (November 18, 2000). Publication was followed by a 30-day public comment period during which the Board received no comments from the general public. The House Professional Licensure Committee (HPLC) submitted comments on February 2, 2001. The Senate Consumer Protection and Professional Licensure Committee made no comments. The Independent Regulatory Review Commission (IRRC) submitted comments to the proposed rulemaking on March 2, 2001.
Summary of Comments and Responses to Proposed Rulemaking
The HPLC and IRRC made three comments to the proposed rulemaking.
The first comment related to a discrepancy between information provided in the Regulatory Analysis Form (RAF) and the proposed rulemaking language. Although the RAF indicated that the Board had considered, but rejected, using the term ''2 credits'' rather than ''25%'' to indicate the number of credits that could be earned from independent study courses to meet the biennial continuing education requirement, the proposed rulemaking inadvertently used the term ''2 credits.'' Because the Board intends that no more than 1/4 of the total credits required be obtained through independent study courses even if the number of total credits required should change, the Board determined that it would be appropriate to use the term ''25%'' rather than ''2 credits.'' The final-form rulemaking has been corrected to use the term ''25%.''
The second comment questioned whether licensees would receive sufficient notice of the regulatory change to allow them to complete the continuing education requirement during the 2000-2002 biennial period. The Board has determined that the regulation will create no hardship to veterinarians. First, to May 28, 2001, the Board has not approved programs offering independent study continuing education credits for the current biennial period. Some independent study courses may be approved for credit during this biennial period. However, during the prior biennial renewal period (1998-2000), only seven credits from independent study courses were approved. It is, therefore, unlikely that implementing this new regulation for the 2000-2002 renewal period will have an immediate, significant impact on a large number of licensees. In addition, it is both convenient and inexpensive for veterinarians to obtain nonindependent study continuing education credits through the Pennsylvania Veterinary Medical Association or regional veterinary medical associations.
Finally, the HPLC and IRRC recommended that the regulatory language be amended so that veterinarians be required to ''complete'' 8 clock hours of continuing education biennially instead of the current requirement that veterinarians ''attend'' 8 clock hours of continuing education biennially. The Board agrees with this proposal and the change is reflected in this final-form rulemaking language.
In addition, IRRC commented that ''the terms 'individual study or correspondence courses' are unclear.'' Individual study courses are courses in which the licensee worked independently. Correspondence courses are courses when the licensee corresponds with the course provider rather than attending a lecture or wet lab. The Board finds that the terms are self-explanatory and do not need to be defined in the regulation.
IRRC also commented that the last sentence of § 31.15, which provides that independent study or correspondence courses must meet the requirements of § 31.16 (relating to continuing education provider approval), because § 31.16 immediately follows § 31.15 and because the first sentence of § 31.15 already requires that continuing education courses be approved by the Board. The Board believes that the sections should contain cross references, and declines to delete the last sentence of § 31.15.
Statutory Authority
The final-form regulation is authorized under section 18 of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.18). Section 18 of the act requires the Board to set standards for continuing education programs and continuing education requirements for licensees to ensure that veterinarians maintain currency in their profession.
Fiscal Impact and Paperwork Requirements
The final-form regulation will have no fiscal impact on the Commonwealth or its political subdivisions. In addition, the final-form regulation will create no additional paperwork for the Board or the private sector.
Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the final-form regulation, the Board sent the text of the proposed rulemaking to interested parties, including State and regional veterinary medical associations, associations of animal health technicians and veterinary schools. In addition, the Board considered the final-form regulation as required by law.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 30 Pa.B. 5969, to IRRC and to the Chairpersons of the HPLC and the Senate Committee on Consumer Protection and Professional Licensure.
Publication of the notice of proposed rulemaking was followed by a 30-day public comment period during which the Board received no written comments from the public. Subsequent to the close of the public comment period, the Board received and considered comments from the HPLC and from IRRC.
The final-form regulation was approved by the HPLC on October 19, 2001, and was deemed approved by the Senate Consumer Protection and Professional Licensure Committee on October 25, 2001. IRRC met on November 1, 2001, and approved the final-form regulation in accordance with section 5(e) of the Regulatory Review Act.
Additional Information
Individuals who would like information about the final-form regulation may contact Robert Kline, Administrative Assistant, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-4848.
Findings
The Board finds that:
(1) Public notice of intention to adopt the final-form regulation was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) The final-form regulation is necessary and appropriate for the administration of the act.
Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 31, are amended by amending § 3.15 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The amendment shall take effect immediately upon publication in the Pennsylvania Bulletin.
BRIAN V. HARPSTER, VMD,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 6358 (November 17, 2001).)
Fiscal Note: Fiscal Note 16A-5711 remains valid for the final adoption of the subject regulation.
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 complete 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 25% of the 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. 01-2274. Filed for public inspection December 21, 2001, 9:00 a.m.]
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