PROPOSED RULEMAKINGS
STATE BOARD OF VETERINARY MEDICINE
[ 49 PA. CODE CH. 31 ]
Professional Conduct; Notice of Animal Supervision
[41 Pa.B. 4982]
[Saturday, September 17, 2011]The State Board of Veterinary Medicine (Board) proposes to amend § 31.21 (relating to Rules of Professional Conduct for Veterinarians) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section (5)(1) and (2) of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.5(1) and (2)) authorizes the Board to adopt reasonable rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skills and practice in the profession of veterinary medicine.
Background and Need for Amendments
It has come to the attention of the Board that clients are often unaware that their animals are left unattended in a veterinary facility overnight. The Board believes that the client should be informed of what type of practitioner—veterinarian, certified veterinary technician or veterinary assistant—will attend the client's animal while it is in the veterinary facility and what level of monitoring will be provided to the client's animal, especially when the animal is left overnight and on weekends.
Description of Proposed Amendments
The Board proposes to amend § 31.21, Principle 7, regarding a veterinarian's responsibility to clients and patients, to provide that a veterinarian who assumes the care and custody of an animal shall inform each client, either orally or in writing, whether a veterinarian, certified veterinary technician or veterinary assistant will be on the premises during the time the animal is at the veterinarian's facility, including evenings and weekends, as well as what level of monitoring the animal will receive during the time the animal is at the veterinarian's facility. The term ''each client'' is used to indicate that a sign posted in the veterinary facility is not sufficient to provide a client with this notification.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking may have a small financial impact on licensees who choose to provide written notice to the public. The proposed rulemaking will not have fiscal impact on the public.
Sunset Date
The Board continuously monitors its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 6, 2011, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC). A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Michelle Roberts, Board Administrator, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, www.dos.state.pa.us/vet within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
ROBIN J. BERNSTEIN, Esq.,
ChairpersonFiscal Note: 16A-5725. 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
PROFESSIONAL CONDUCT § 31.21. Rules of Professional Conduct for Veterinarians.
* * * * * Principle 7. Responsibility to clients and patients.
* * * * * (i) A veterinarian who assumes the care and custody of an animal shall inform each client, either orally or in writing, whether a veterinarian, certified veterinary technician or veterinary assistant will be on the premises during the time the animal is at the veterinarian's facility, including evenings and weekends, and what level of monitoring the animal will receive during the time the animal is at the veterinarian's facility.
* * * * *
[Pa.B. Doc. No. 11-1600. Filed for public inspection September 16, 2011, 9:00 a.m.]
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