STATEMENTS OF POLICY

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

BUREAU OF PROFESSIONAL AND
OCCUPATIONAL AFFAIRS

[49 PA. CODE CH. 43b]

Schedule of Civil Penalties--Veterinarians and Veterinary Technicians

[37 Pa.B. 2608]
[Saturday, June 9, 2007]

   The Commissioner of Professional and Occupational Affairs (Commissioner) adds § 43b.21 (relating to schedule of civil penalties--veterinarians and veterinary technicians--statement of policy) to read as set forth in Annex A. This section establishes a civil penalty schedule for violations of the Veterinary Medicine Practice Act (63 P. S. §§ 485.1--485.35) and the regulations of the State Board of Veterinary Medicine (Board).

   Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48) (Act 48) (63 P. S. § 2205(a)) authorizes the Commissioner, after consultation with the licensing boards and commissions in the Bureau of Professional and Occupational Affairs (Bureau), to adopt a schedule of civil penalties for: (1) operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit; and (2) violating a provision of an act or regulation of a licensing board or commission within the Bureau regarding the conduct or operation of a business or facility licensed by the licensing board or commission. Under section 5(a) of Act 48, the Commissioner may adopt the schedule of penalties by publishing the schedule in the Pennsylvania Bulletin as a statement of policy and within 2 years thereafter promulgating the schedule as a regulation.

   The Commissioner previously adopted civil penalty schedules under section 5(a) of Act 48 for many of the licensing boards and commissions within the Bureau. These schedules, as well as guidelines and procedures for their implementation, have been codified as regulations, in accordance with Act 48, in Chapter 43b (relating to Commissioner of Professional and Occupational Affairs). Act 48 authorizes agents of the Bureau to issue citations and impose civil penalties under schedules adopted by the Commissioner in consultation with the Bureau's boards and commissions. Act 48 citations streamline the disciplinary process by eliminating the need for formal orders to show cause, answers, adjudications and orders, and consent agreements. At the same time, licensees who receive an Act 48 citation retain their due process right of appeal prior to the imposition of discipline. The use of Act 48 citations has increased steadily since 1996, when the program was first implemented, and they have become an important part of the Bureau's enforcement efforts, with approximately 30% of sanctions imposed by the boards and commissions being accomplished through the Act 48 citation process.

   The Commissioner recently consulted with the Board regarding the adoption of a schedule of civil penalties for violation of certain provisions of the Veterinary Medicine Practice Act and the regulations of the Board that would appear to lend themselves to the Act 48 summary procedures such as advertising violations, failure to display a license and practicing as a veterinarian or veterinary technician on an expired license or certificate. Prior to adoption of the civil penalty schedule, the Commissioner's representative consulted with the Board, who then approved the civil penalty schedule set forth in Annex A at a regular public meeting of the Board held on February 27, 2007.

   The civil penalties set forth in Annex A are effective upon publication in the Pennsylvania Bulletin and apply to acts, omissions or violations occurring on and after the date of publication.

BASIL L. MERENDA,   
Commissioner

   (Editor's Note: Title 49 of the Pennsylvania Code is amended by adding a statement of policy in § 43b.21 to read as set forth in Annex A.)

   Fiscal Note: 16-39. 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 43b. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL

§ 43b.21. Schedule of civil penalties--veterinarians and veterinary technicians--statement of policy.

STATE BOARD OF VETERINARY MEDICINE

Violation under 63 P. S.	Violation under 49 Pa. Code Chapter 31	Title/Description	Civil Penalty
Section 485.17	N/A	Failure to display current license.	Each offense--$100
Section 485.21(1)	§ 31.21 Principle 5(c)	Improper advertising of emergency services.	First offense--$250 Second offense--$1,000 Subsequent offense--    formal action
Sections 485.9(a) and 485.21(1)	§ 31.13	Practicing veterinary medicine on an expired license.	0--6 months--warning 6--24 months--$500 24--48 months--$1,000 More than 48 months--    formal prosecution
Section 485.21(1)	§ 31.36	Practicing as a veterinary technician on an expired certificate.	0--6 months--warning 6--24 months--$250 24--48 months--$500 More than 48 months--    formal action

[Pa.B. Doc. No. 07-1008. Filed for public inspection June 8, 2007, 9:00 a.m.]

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