RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF VETERINARY MEDICINE
[ 49 PA. CODE CH. 31 ]
License Renewal; Continuing Education
[41 Pa.B. 6676]
[Saturday, December 10, 2011]The State Board of Veterinary Medicine (Board) amends §§ 31.11, 31.13, 31.15, 31.16, 31.40 and 31.41 and rescinds § 31.12 to read as set forth in Annex A. This final-form rulemaking updates the Board's regulations with regard to licensure applications and renewal, temporary permits, continuing education and existing fees for duplicate licenses.
Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
Section 8 of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.8) authorizes the Board to determine the educational requirements for licensure. Section 18 of the act (63 P. S. § 485.18) authorizes the Board to approve all continuing education programs and to promulgate standards to ensure that the programs meet the educational and professional requirements of the profession and are designed to keep the members of the profession abreast of current learning and scholarship. Section 27.1 of the act (63 P. S. § 485.27a) requires the Board to promulgate regulations setting forth recordkeeping standards. Section 5(2) of the act (63 P. S. § 485.5(2)) authorizes the Board to promulgate regulations to effectuate the act. Section 11 of the act (63 P. S. § 485.11) authorizes the Board to promulgate regulations related to the practice of veterinary technicians.
Summary of Comments to Proposed Rulemaking
Notice of proposed rulemaking was published at 40 Pa.B. 4154 (July 24, 2010) with a 30-day public comment period. No public comments were received. On September 13, 2010, the Board received comments from the House Professional Licensure Committee (HPLC). On September 20, 2010, the Independent Regulatory Review Commission (IRRC) submitted its comments under the Regulatory Review Act (71 P. S. §§ 745.1—745.12). The following is a summary of those comments and the Board's response.
The HPLC noted that in the preamble to the proposed rulemaking the Board referred to ''jurisdictions states'' and asked what was meant. This was essentially a typographical error. The sentence should have read as follows: ''The AAVSB presented information to the Board regarding the program, which has approved over 400 candidates and is now accepted in 29 jurisdictions and states, including New York and Virginia.'' Both words are used because the Program for the Assessment of Veterinary Education Equivalence (PAVE) is accepted for veterinary licensure in United States territories as well as states. As of March 2011, there are 34 jurisdictions and states that accept PAVE, including the United States Virgin Islands and Puerto Rico. However, because the proposed preamble is not republished, the error cannot be corrected.
The HPLC next noted a typographical error in the preamble to the proposed rulemaking where the statutory citation was given as ''53 P. S. § 485.10'' rather than ''63 P. S. § 485.10'' and asked that the error be corrected. Because the Board does not republish the proposed preamble, the error cannot be corrected. The HPLC also noted a typographical error in § 31.13 (relating to licensure renewal). A ''d'' was erroneously added to the word ''receive.'' This error has been corrected in the final-form rulemaking.
The HPLC asked whether the District of Columbia was included in the reference in § 31.13(b) to ''another state, territory, country, or by a Federal authority in the United States.'' The Board intended the word ''state'' to include the District of Columbia. This interpretation comports with the definition of ''state'' in 1 Pa.C.S. § 1991 (relating to definitions), which provides, in part, ''[w]hen used in reference to the different parts of the United States, includes the District of Columbia. . . .''
The HPLC requested an explanation for the use of the term ''licensee'' in § 31.13(e)(1) when other paragraphs in the subsection referenced a ''veterinarian.'' Subsection (e) provides for licensees who may not use the § 31.13 renewal provisions because they have been practicing on an expired license, either in this Commonwealth or in another state, or because they have not been practicing veterinary medicine even though they have a currently-renewed license in another state. Although the HPLC suggested using ''veterinarian'' consistently in subsection (e), the Board finds that the more accurate term is ''licensee'' because individuals affected by this section would be licensees of the Board. The Board has made this amendment to the final-form rulemaking.
The HPLC next questioned the term used for a veterinarian who fails to renew a license and asked if the term ''holder of an expired license'' or ''licensee'' is the ''technical status.'' The Board does not see a difference between the two terms. Once an individual is granted a license, the individual is a licensee. Individuals have a constitutionally-protected property interest in their professional licenses. If an individual fails to renew the license, the individual retains the property interest and remains a licensee, with all of the constitutional protections afforded the individual's right in the property. Only if the license is surrendered or revoked does the individual cease to be a licensee. In response to the HPLC's inquiry, the Board amended the existing language in subsection (d), which refers to a ''holder of an expired license to practice veterinary medicine'' to refer instead to a ''licensee whose license to practice veterinary medicine is expired.''
The HPLC also noted that when the proposed rulemaking was published by the Legislative Reference Bureau, an uppercase heading caption ''Veterinary Technicians and Noncertified Employees'' was added. The HPLC pointed out that the term ''noncertified employee'' has not been used since the 2002 amendments to the act. The Board believed that references to ''noncertified employees'' were previously deleted and replaced with ''veterinary assistant,'' the term used in the 2002 statutory amendments. Apparently, the reference in the subheading was not amended at that time. The Board made this correction to the final-form rulemaking.
IRRC asked why the Board was deleting the provisions and fee related to temporary practice permits while the underlying statutory provision regarding temporary permits was still in place. Section 10 of the act (63 P. S. § 485.10) provides that the Board may issue a temporary permit to a graduate of a Board-approved school of veterinary medicine that permits the permit holder to practice veterinary medicine in association with a licensee and under the supervision of the licensee. Section 10 of the act further requires the permit holder to ''present himself or herself for examination at the next scheduled examination of the board'' and provides that the permit will immediately terminate if the holder fails the examination. From 1954 to 1970, the National Board Examination in Veterinary Medicine was given in June and graduates of schools and colleges of veterinary medicine took the examination following graduation. Temporary permits were necessary at that time to permit a graduate to work under the supervision of a veterinarian while waiting for the exam results and issuance of a license. Beginning in 1976, the National examination was offered in December and June, and third and fourth year veterinary students were permitted to sit for examination. As a result, fewer temporary permits were issued because many students took and passed the examination while still in school. In approximately 1979, the National examination dates were changed to December and May; a year or so later the dates were changed to December and April and the examination was limited to fourth year veterinary students. Since that time and continuing to the present, fourth year students test in December and, if they are unsuccessful, retest in April—both testing dates are prior to graduation. Because the act provides that ''[n]o temporary permit shall be issued to any applicant if he or she has previously failed the examination,'' a graduate who has failed the exam is not eligible for the issuance of a temporary permit. For these reasons, the Board has not had an applicant for a temporary permit for more than 30 years. Therefore, the provisions regarding a temporary permit are not needed. Because section 10 of the act does not mandate that the Board shall issue temporary permits, but rather provides the Board with discretion (by use of the term ''may''), the Board believes that deleting these outdated, unnecessary provisions from the regulations is reasonable. The Board will consider putting forth a legislative initiative seeking to have the General Assembly amend the act in like fashion.
IRRC next asked for clarification of the Board's amendments to § 31.13, specifically, what type of documentation would evidence completion of continuing education requirements. Certificates of attendance, which are provided to licensees upon completion of a continuing education course under § 31.16(c) (relating to continuing education provider approval), are the standard documentation that licensees submit to verify completion with continuing education requirements. The Board amended § 31.13(d) by changing ''documentation'' to ''submission of certificates of attendance demonstrating'' that the licensee has completed the required continuing education.
IRRC recommended maintaining existing language in § 31.15 (relating to continuing education) ''so that it is clear to licensees that a license cannot be renewed if the licensee fails to complete continuing education credits as required by statute.'' The Board amended § 31.15 in the final-form rulemaking in light of IRRC's suggestion.
Finally, IRRC noted that the Board stated that the amendments would not have adverse effect and that there are no costs or savings associated with the amendments, yet the Board proposed three amendments to its fees. The three amendments to the fees in § 31.41 (relating to schedule of fees) are as follows: add a $5 fee for a duplicate license for veterinarians, add a $5 fee for a duplicate license for veterinary technicians and delete the $35 fee for a temporary permit for veterinarians. The $5 fee for a duplicate license is a Bureau of Professional and Occupational Affairs-wide fee set forth in section 226 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § 1401-226), originally established in 1978. This fee has been charged to licensees of the Board for more than 30 years. Therefore, there are no costs or savings associated with the amendment, which merely provides additional notice to licensees of the fee associated with the printing of a duplicate license. The Board does not anticipate any savings from deleting the $35 fee for a temporary permit because, as previously discussed, the Board has not issued temporary permits since approximately the late 1970s.
Description of Amendments to the Final-Form Rulemaking
Section 31.13(d) is amended to refer to a licensee whose license to practice veterinary medicine is expired and to clarify the documentation needed to demonstrate continuing education for the biennial period preceding renewal consists of certificates of attendance. Section 31.13(e) is amended for simplification to require a licensee who either practiced on an expired license or did not practice at all for a 5-year period to re-examine to establish competence to practice.
Section 31.15 is amended to clarify that veterinarians shall certify completion of the required continuing education as a condition of licensure renewal. In addition, while reviewing the proposed amendments to subsection (c), the Board determined that it would be more beneficial to licensees to retain proof of continuing education attendance for a minimum of 5 years, rather than 3 years as proposed. In considering this change, the Board noted that a majority of other health-related boards require proof of continuing education be maintained for no less than 4 or 5 years.
Fiscal Impact and Paperwork Requirements
The Board believes that the final-form rulemaking should have little or no fiscal impact on licensees, approved continuing education providers, the Board or other Commonwealth entities. The requirement to maintain documentation of continuing education for 5 years will have a minor effect on licensees' paperwork/recordkeeping requirements.
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 July 14, 2010, the Board submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 4154, to IRRC and the Chairpersons of the HPLC and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 28, 2011, the final-form rulemaking was approved by HPLC. On October 19, 2011, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 20, 2011, and approved the final-form rulemaking.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking 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 promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to the final-form rulemaking do not enlarge the purpose of proposed rulemaking published at 40 Pa.B. 4154.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 31, are amended by deleting § 31.12 and by amending §§ 31.11, 31.13, 31.15, 31.16, 31.40 and 31.41 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General 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) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
ROBIN J. BERNSTEIN, Esq.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 41 Pa.B. 6057 (November 5, 2011).)
Fiscal Note: Fiscal Note 16A-5724 remains valid for the final adoption of the subject regulations.
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 § 31.11. Application for licensure.
(a) Application forms. Application forms for original or reciprocal licensure may be obtained from the Administrative Office of the Board by contacting the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, veterina@pados.dos.state.pa.us, or by accessing the Board's web page at www.dos.state.pa.us/bpoa/vetbd/mainpage.htm. Application forms shall be returned to the Board at least 60 days prior to the first day of the NAVLE testing period.
(b) Original licensure. As a prerequisite to original licensure as a veterinarian, an applicant shall submit the following documentation to the Board:
(1) Evidence of graduation from an approved school or college of veterinary medicine or certification of equivalence sent directly from the American Veterinary Medical Association, Educational Commission for Foreign Veterinary Graduates or the American Association of Veterinary State Boards, Program for the Assessment of Veterinary Education Equivalence.
(2) North American Veterinary Licensing Examination (NAVLE) results as furnished through a National examination grade reporting service.
(3) A letter of good standing from the licensure board of each state where the applicant has held a license to practice veterinary medicine, reporting the outcome of disciplinary actions taken against the applicant, if any, in that state.
(4) A statement from the applicant that the applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101—780-144), or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country unless the following apply:
(i) At least 10 years have elapsed from the date of conviction.
(ii) The applicant satisfactorily demonstrates to the Board that the applicant has made significant progress in personal rehabilitation since the conviction so that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations.
(iii) The applicant otherwise satisfies the qualifications contained in the act.
(c) Reciprocal licensure. An applicant for licensure by reciprocity who has held a valid license from another state and has been actively engaged in clinical practice in that state for 5 years immediately preceding application for licensure in this Commonwealth, may be granted a license to practice veterinary medicine in this Commonwealth after having paid the fee required by § 31.41 (relating to schedule of fees), and submitted the following documentation to the Board:
(1) An application form under subsection (a).
(2) A verification of clinical practice, completed by the applicant, describing in detail the applicant's clinical practice during the immediately preceding 5 years.
(3) A letter from the licensure board of the state wherein the applicant has been actively engaged in clinical practice during the immediately preceding 5 years, certifying 5 years of continued licensure in that state.
(4) Two certificates of recommendation from licensed veterinarians regarding the applicant's character and competence and attesting to the fact that the applicant has been in active clinical practice during the immediately preceding 5 years.
(5) A letter of good standing from each board office in which the applicant has held a license to practice veterinary medicine, reporting the outcome of disciplinary actions taken against the applicant, if any, in that state.
§ 31.12. (Reserved).
§ 31.13. Licensure renewal.
(a) Licenses expire on November 30 of each even-numbered year, regardless of the date of issuance. Licenses are renewable for a 2-year period beginning December 1 of each even-numbered year. The fee for biennial renewal is as set forth in § 31.41 (relating to schedule of fees). Upon renewing their licenses, licensees will receive a blue 5 x 7 wall certificate and wallet-size license card which show the next expiration date of the license.
(b) A licensee who is also licensed to practice veterinary medicine in another state, territory or country shall report this information on the biennial registration form. Disciplinary action taken by the veterinary licensing authority or other authority that authorizes a licensee to the practice of veterinary medicine or that is related to veterinary medicine in another state, territory, country or by a Federal authority in the United States, shall be reported to the Board on the biennial registration application or within 90 days of final disposition, whichever is sooner. Criminal convictions shall be reported to the Board on the biennial registration application or within 90 days of sentencing, including acceptance into an Accelerated Rehabilitative Disposition program, whichever is sooner.
(c) Licensed veterinarians who fail to renew their license shall cease from the practice of veterinary medicine in this Commonwealth on the last day of November of the renewal year. A licensee who continues to practice on an expired license will be subject to disciplinary action by the Board. Late fees as prescribed by the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. §§ 1401-101—1401-501) will be added to the renewal fee of a licensee who practiced on an expired license. The licensee will be required to pay the current biennial renewal fee as set forth in § 31.41 and the fees that would have been paid had the license been maintained in good standing. The licensee will be required to submit continuing education certificates of attendance for the current and any past biennial renewal periods during which the licensee practiced on an expired license.
(d) A licensee whose license to practice veterinary medicine is expired who did not practice veterinary medicine in this Commonwealth while the licensee's license was expired may reactivate and renew the license upon application to and approval of the Board and upon payment of the current biennial renewal fee as set forth in § 31.41 and submission of certificates of attendance demonstrating that the licensee has complied with § 31.15 (related to continuing education) for the biennial period preceding renewal. The application for renewal shall also be accompanied by an Affidavit of Non-Practice, verifying the period of time in which the licensee abstained from the practice of veterinary medicine in this Commonwealth. A licensee will not be assessed a late renewal fee under the Bureau of Professional and Occupational Affairs Fee Act for the preceding biennial periods in which the licensee abstained from the practice of veterinary medicine in this Commonwealth.
(e) A licensee will be required to reactivate the license in accordance with section 9 of the act (63 P. S. § 485.9) to resume practicing veterinary medicine if the licensee practiced veterinary medicine on an expired license in this Commonwealth or another state, territory or country for more than 5 years or if the licensee did not practice veterinary medicine for more than 5 years.
§ 31.15. Continuing education.
(a) Veterinarians shall complete 30 clock hours of continuing education courses approved by the Board during the 24 months preceding the renewal date. Veterinarians shall certify completion of the required continuing education as a condition of licensure renewal.
(b) A maximum of 25% of the hours may be earned by taking individual study or written or computer-based correspondence courses for which third-party verification of satisfactory completion is provided.
(c) Veterinarians shall maintain a list of all continuing education courses attended and certificates of attendance for a minimum of 5 years.
(d) Courses in office management or practice building may not be used to meet the 30-hour continuing education requirement.
§ 31.16. Continuing education provider approval.
(a) Subject to § 31.15 (relating to continuing education), the Board will approve without application to the Board and the fee required under § 31.41 (relating to schedule of fees), continuing education courses offered by the following providers so long as the programs increase the skills, knowledge and competency of veterinarians in the practice of the profession:
(1) The American Veterinary Medical Association (AVMA).
(2) Approved schools.
(3) Allied organizations of the AVMA.
(4) AVMA-approved major regional veterinary organizations.
(5) Specialty boards of the AVMA.
(6) The Pennsylvania Veterinary Medical Association and its constituent associations.
(7) Other states' veterinary medical associations.
(8) Providers listed on the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB).
(9) The Department of Veterinary and Biomedical Sciences, College of Agricultural Sciences, Pennsylvania State University.
(b) Continuing education courses which are offered by providers not covered under subsection (a) shall receive prior approval of the Board. An application for approval of continuing education programs may be obtained from the Administrative Office of the Board by writing or telephoning the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-1389. A request for approval shall be filed with the Board at least 60 days prior to the date of the proposed program, and shall be accompanied by the fee required by § 31.41.
(c) Organizations approved under subsections (a) and (b) shall provide certificates of attendance to the veterinarian which includes the name of the provider, the name of the licensee, the title of the course, the date of the course, the number of credit hours and the signature of the person authenticating attendance. If a certificate of attendance covers a program with more than one course, organizations approved under subsections (a) and (b) shall require some method by which attendees verify attendance at individual courses. Organizations approved under subsection (b) shall also provide the Pennsylvania approval number.
(d) Instructors of continuing education programs may include:
(1) Members of the faculties of approved schools of veterinary medicine.
(2) Licensed doctors of veterinary medicine in this Commonwealth or in another state who are not faculty members of the schools covered under paragraph (1) if, by virtue of their professional activities and achievements in a particular field, the doctors are determined by the Board to be qualified to speak on subjects of pertinent value to the profession.
(3) Other lecturers or instructors who are not licensed to practice veterinary medicine, if the Board determines that they are qualified to speak upon a subject which will be of value to the profession.
(e) A resume of the qualifications of instructors of continuing education programs under subsection (d)(2) and (3) shall be included with the application for approval of continuing education programs. This subsection does not apply to providers enumerated under subsection (a).
CERTIFIED VETERINARY TECHNICIANS AND VETERINARY ASSISTANTS § 31.40. Continuing education provider approval.
(a) The Board will approve without application to the Board and the fee required under § 31.41 (relating to schedule of fees), continuing education courses offered by the following providers so long as the programs are specifically designed to increase the skills, knowledge and competency of certified veterinary technicians:
(1) The American Veterinary Medical Association (AVMA).
(2) Approved schools.
(3) Allied organizations of the AVMA.
(4) Major regional veterinary organizations approved by the AVMA.
(5) The Pennsylvania Veterinary Medical Association and its constituent associations.
(6) Other states' veterinary medical associations.
(7) The Veterinary Technicians and Assistants Association of Pennsylvania (VTAAP).
(8) Specialty boards of the AVMA.
(9) Providers listed on the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB) to offer courses for certified veterinary technicians.
(10) The Department of Veterinary and Biomedical Sciences, College of Agricultural Sciences, Pennsylvania State University.
(b) Continuing education courses which are offered by providers not covered under subsection (a) shall receive prior approval of the Board. An application for approval of continuing education programs may be obtained from the Administrative Office of the Board, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-1389. A request for approval shall be filed with the Board at least 60 days prior to the date of the proposed program, and shall be accompanied by the fee required by § 31.41.
(c) Organizations approved under subsections (a) and (b) shall provide certification of attendance to the certified veterinary technician which includes the name of the sponsor, the name of the licensee, the title of the course, the date of the course, the number of credit hours and the signature of the person authenticating attendance. Organizations approved under subsection (b) shall also provide the Pennsylvania approval number.
(d) Instructors of continuing education programs may include:
(1) Members of the faculties of approved schools.
(2) Licensed doctors of veterinary medicine in this Commonwealth or in another state who are not faculty members of those schools covered under paragraph (1) if, by virtue of their professional activities and achievements in a particular field, the doctors are recognized by the Board as qualified to speak on subjects of pertinent value to veterinary technicians.
(3) Other lecturers or instructors who are not licensed to practice veterinary medicine, if the Board determines that they are qualified to speak upon a subject which will be of value to the profession.
(e) A resume of the qualifications of instructors of continuing education programs under subsection (d)(3) shall be included with the application for approval of continuing education programs. This subsection does not apply to providers enumerated under subsection (a).
FEES § 31.41. Schedule of fees.
An applicant for a license, certificate or service shall submit a payment at the time of the request under the following fee schedule:
Veterinarian fees for services:
Application to original, reactivated, reissued or reciprocal license
$35Application for continuing education program approval
$35Verification of licensure
$15Certification of scores or hours
$25Duplicate license
$5Late renewal fee per month or part of month
$5Veterinarian biennial renewal:
Biennial renewal fee for biennial period December 1, 2010—November 30, 2012
$345Biennial renewal fee for biennial period December 1, 2012—November 30, 2014
$360Veterinary technician fees for services:
Application for certification
$35Application for continuing education program approval
$35Verification of certification
$15Certification of scores or hours
$25Late renewal fee per month or part of month
$5Duplicate license
$5Veterinarian technician biennial renewal:
Biennial renewal fee for biennial period December 1, 2010—November 30, 2012
$85Biennial renewal fee for biennial period December 1, 2012—November 30, 2014
$100
[Pa.B. Doc. No. 11-2108. Filed for public inspection December 9, 2011, 9:00 a.m.]
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