RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF VETERINARY MEDICINE
[49 PA. CODE CH. 31]
General Information
[26 Pa.B. 2785] The State Board of Veterinary Medicine (Board) adopts amendments to Chapter 31, to read as set forth in Annex A.
The purpose of the amendments is to expand and consolidate existing language, and to provide greater guidance to applicants for examinations for licensure on issues relating to the required examinations for licensure in this Commonwealth, the qualifications for licensure and the limitations imposed on temporary permit holders. The amendments also provide greater guidance to licensees of the Board on issues relating to licensure renewal, continuing education and approved providers of continuing education courses.
Notice of proposed rulemaking was published at 24 Pa.B. 4482 (September 3, 1994). Publication was followed by a 30-day public comment period during which the Board received written comments from Clifford G. Cummings, D.V.M., on behalf of the Pennsylvania Veterinary Medical Association (PVMA). Comments were also received from the Honorable Clarence D. Bell, Chairperson, Senate Consumer Protection and Professional Licensure Committee, the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC).
The amendments reflected in Annex A are responsive to the comments and suggestions received from these commentators. For ease of reference, the Board will address the comments in the order in which the amendments appear.
§ 31.11. Application for licensure.
Editorial changes have been made by the Board to § 31.11(b) (relating to application for licensure) to clarify that, as a prerequisite to original licensure as a veterinarian, applicants must submit specified documentation to the Board to verify their qualifications.
The Board also added language to § 31.11(b)(1) to recognize as evidence of graduation from graduates of schools or colleges outside of the United States and Canada, certification from other programs which may be subsequently approved by the American Veterinary Medical Association (AVMA). The Board recently received information that discussions are anticipated to begin between the National Board Examining Committee (NBEC) and the AVMA to transfer the Educational Commission for Foreign Veterinary Graduates (ECFVG) to the NBEC.
Commenting on § 31.11(b), IRRC questioned why the requirements of section 9(b)(4) of the Veterinary Medicine Practice Act (63 P. S. § 485.9(b)(4)) (act) (which requires an applicant to submit satisfactory evidence that he has not been convicted of a felonious act prohibited by The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144)) has not been included under § 31.11(b). IRRC opined that this statutory requirement should not be omitted from the regulatory requirements, and recommended that the Board add a paragraph to § 31.11(b) to incorporate this language. The Board has complied with this request.
§ 31.13. Licensure renewal.
IRRC expressed a similar concern regarding proposed § 31.13(b) (relating to licensure renewal). IRRC noted that the language, as proposed, does not include the statutory requirement of section 9(d) of the act that a licensee of this Commonwealth, who is also licensed to practice veterinary medicine elsewhere, report any disciplinary action taken in another state, territory or country to the Board at the time of biennial renewal or within 90 days of disposition, whichever is sooner. In response to this comment, subsection (b) has been amended by adding language to track the statutory reporting requirement. Subsections (b)--(d) as originally proposed have been relettered as subsections (c)--(e), respectively.
The HPLC and IRRC each expressed concern that subsection (b) as originally proposed states that failure of a veterinarian to cease practice if the veterinarian does not renew his license may result in disciplinary action. Both commentators recommended that the Board retain the language from the original regulation which provides that failure of a veterinarian to cease practice if the veterinarian does not renew his license will result in disciplinary action. The commentators opined that use of the word ''may'' as opposed to ''will'' could imply that the Board is now more willing to overlook unlicensed practice than it was in the past. In light of these concerns, the Board has amended the language of subsection (b) (now subsection (c)), accordingly.
IRRC's final concern respecting § 31.13 was the Board's deletion of language under proposed subsection (c) which required that a holder of an expired license who wishes to reactivate and renew the license be required to pay fees as would have been paid had the holder maintained his license in good standing. The Board originally proposed to delete this language because the general practice of the Bureau of Professional and Occupational Affairs is to require a licensee who wishes to renew an expired license to sign an affidavit of nonpractice (verifying the period of time in which the licensee abstained from practice in this Commonwealth) and to pay only the current biennial renewal fee. Notwithstanding this practice, the Board acknowledges that section 19(a)(2) of the act (63 P. S. § 485.19(a)(2)) specifically states that one of the requirements for reinstatement of an expired license to practice veterinary medicine is ''[p]ayment of all fees that would have been paid if [the veterinarian] had maintained his or her license in good standing . . . '' This being so, the Board has added language under new subsection (d) to incorporate this statutory language.
§ 31.15. Continuing education.
Language has been added to § 31.15 (relating to continuing education), at the suggestion of IRRC, to clarify that the period of time for meeting the continuing education requirement is the 24 months preceding the renewal date. The language added by the Board tracks the statutory language of section 18 of the act (63 P. S. § 485.18).
§ 31.16. Continuing education provider approval.
In response to concerns raised by the HPLC and IRRC to the language of proposed § 31.16(a) (relating to continuing education provider approval), the Board has deleted the phrase, ''as long as the programs are specifically designed to increase the skills, knowledge and competency of veterinarians,'' where that language appeared in subsection (a). Upon reconsideration, the Board is of the view that this language, as originally proposed, was out of place.
Commenting on proposed subsection (d), the HPLC and IRRC questioned why members of the faculties of approved schools of veterinary medicine are exempt from the requirement under subsection (e) to submit to the Board a resumé of their qualifications to teach a continuing education course. The Board has exempted these individuals from the resumé requirement because the qualifications of faculty members of approved schools of veterinary medicine are closely scrutinized by qualified academicians associated with these schools. Further review by Board members of the qualifications of these instructors to teach a continuing education course is unnecessary.
Commenting on behalf of the PVMA, Dr. Cummings urged the Board to amend subsection (a) to include, among the list of providers that do not require prior Board approval, constituent associations of the PVMA. Dr. Cummings explained that local constituent association programs are an important means of continuing education for many practitioners in this Commonwealth, and that programs offered by PVMA's constituent associations utilize university staff members and other specialists to provide meaningful continuing education to licensed practitioners. The Board agrees with this suggestion and has amended subsection (a) accordingly.
IRRC's final comment regarding subsection (d) pertains to the Board's word choice in paragraphs (2) and (3). IRRC noted that in paragraph (2), the Board states that licensed veterinarians who are not faculty members of approved schools of veterinary medicine may be instructors of a continuing education program 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 a particular subject. In paragraph (3), the Board states that instructors of continuing education programs may include other lecturers or instructors who are not licensed veterinarians, if the Board determines that they are qualified to speak on a particular subject. At the suggestion of IRRC, and for consistency, the Board has amended paragraph (2) to read ''determined'' as opposed to ''recognized.''
IRRC also questioned how a continuing education provider is advised that he has been determined by the Board as qualified to speak on a particular subject. In response, the Board carefully reviews the resumé submitted by the individual to evaluate the individual's education and experience background to speak on a particular subject, and communicates its decision to the individual in writing, stating the reason, if any, for disapproval.
Statutory Authority
These amendments are adopted under the authority of section 5(1) of the act (63 P. S. § 485.5(1)), which empowers the Board to adopt reasonable rules and regulations governing the practice of veterinary medicine as are necessary to enable the Board to carry out and make effective the purpose and intent of its enabling statute.
Fiscal Impact and Paperwork Requirements
The amendments should have no fiscal impact and should require no additional paperwork by the Commonwealth, its political subdivisions or the private sector.
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 24 Pa.B. 4482, to IRRC and to the Chairpersons of the HPLC and the Senate Committee on Consumer Protection and Professional Licensure for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of all comments received, as well as other documentation.
In preparing these final-form regulations the Board has considered all comments received from IRRC, the Committees and the public.
These final-form regulations were approved by the HPLC on May 13, 1996, and approved by the Senate Committee on May 14, 1996. IRRC met on May 16, 1996, and approved the regulations in accordance with section 5(c) of the Regulatory Review Act.
Further Information
Persons who wish further information about the amendments may communicate with Deborah Orwan, Administrative Assistant, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
Findings
The Board finds that:
(1) Public notice of the Board's intention to adopt the amendments herein 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, 1 Pa. Code §§ 7.1 and 7.2.
(2) The regulations adopted herein are necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, therefore orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 31, are amended by adding §§ 31.3, 31.15 and 31.16 and by amending §§ 31.11--31.13 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) This order shall take effect upon publication in the Pennsylvania Bulletin.
JOY LOUISE ELLWANGER, C.A.H.T.,
ChairpersonFiscal Note: Fiscal Note 16A-572 remains valid for the final adoption of the subject regulations.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 2669 (June 1, 1996).)
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
GENERAL INFORMATION § 31.3. Examinations.
(a) The examinations required as a prerequisite to original licensure as a veterinarian are the National Board Examination (NBE), the Clinical Competency Test (CCT) and the Pennsylvania Veterinary Legal Practice Examination. The examinations will be given at least annually and at other times deemed appropriate by the Board, in consultation with the professional testing organization providing these examinations to applicants of the Board.
(b) Applications to take the licensing examinations, together with instructions for applicants, including deadlines for filing and paying fees, 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.
(c) Examination applications and the fee required by § 31.41 (relating to schedule of fees) shall be submitted directly to the professional testing organization designated by the Board at least 60 days prior to the examination date.
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 writing or telephoning the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-1389.
(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. The applicant's official transcript provided by the degree-granting institution or a verification of graduation from the degree-granting institution shall be evidence of graduation from an approved college of veterinary medicine. A graduate of a school or college of veterinary medicine outside of the United States and Canada shall submit certification by the American Veterinary Medicine Association, Educational Commission for Foreign Veterinary Graduates or another program which may subsequently be approved by the American Veterinary Medical Association, as proof of graduation from an approved school or college of veterinary medicine.
(2) National Board Examination (NBE) and Clinical Competency Test (CCT) examination results as furnished through a national examination grade reporting service. The Board will accept an applicant's grades from an examination taken within the last 5 years as furnished through a National examination grade reporting service in lieu of retaking these examinations, if the applicant passed these examinations with a score equivalent to or higher than the passing score then prevailing in this Commonwealth.
(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 passed the Pennsylvania Veterinary Legal Practice Examination, 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. Temporary permits.
(a) Original licensure. An applicant for original licensure who desires a temporary permit under section 10 of the act (63 P. S. § 485.10) may be granted a temporary permit to practice veterinary medicine upon graduation from an approved school or college of veterinary medicine, completion of an application form prescribed by the Board and payment of the fee required by § 31.41 (relating to schedule of fees). The applicant's official transcript provided by the degree-granting institution or a verification of graduation from the degree-granting institution shall be evidence of graduation from an approved school or college of veterinary medicine. A graduate of a school or college of veterinary medicine outside of the United States and Canada shall submit certification by the American Veterinary Medical Association, Educational Commission for Foreign Veterinary Graduates or another program which may subsequently be approved by the American Veterinary Medical Association, as proof of graduation from an approved school or college of veterinary medicine.
(b) Reciprocal licensure. An applicant for reciprocal licensure who desires a temporary permit under section 10 of the act may be granted a temporary permit to practice veterinary medicine in this Commonwealth pending passage of the Pennsylvania Veterinary Legal Practice Examination if the applicant completes an application form prescribed by the Board, pays the fee required by § 31.41, and otherwise meets the requirements of subsections (a) and (c) and section 10 of the act.
(c) Temporary permit holder limitations. A temporary permit holder shall be associated with a licensed doctor of veterinary medicine, shall limit his work to the practice of the licensed doctor of veterinary medicine and may not participate in any practice or operation of a branch office, clinic or allied establishment. The associating veterinarian shall be responsible for all veterinary activities of the temporary permit holder and shall be accessible to the temporary permit holder either by telephone or personal contact. When contact by telephone or personal contact is not possible as, for example, in the case of vacations or other travel, the associating veterinarian shall delegate the supervisory responsibilities to another licensed veterinarian. The associating veterinarian will continue to assume responsibility for the veterinary activities of the temporary permit holder in his absence. A temporary permit holder shall report to the next scheduled examination of the Board following the issuance of the temporary permit. The temporary permit shall expire on the day following the announcement of the grades of the first examination given after the temporary permit is issued.
§ 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). Late fees are prescribed by the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. §§ 1401-101--1401-501) will be added to the renewal fees of licensees who do not submit their renewal applications by December 1 of the year of expiration of their licenses. Upon renewing their licenses, licensees will receive a blue 5 × 7 wall certificate and wallet-size license card which show the next expiration date of the license. These documents are the only evidence of valid, current licensure.
(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 in other states, territories or countries shall be reported to the Board on the biennial registration application or within 90 days of final disposition, 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. Failure to do so will result in disciplinary action by the Board under section 9(a) of the act (63 P. S. § 485.9(a)).
(d) A holder of an expired license to practice veterinary medicine may reactivate and renew the license within 5 years from the date of its expiration, upon application to and approval of the Board and upon payment of the current biennial renewal fee as set forth in § 31.41 and the payment of the fees that would have been paid if the license had been maintained in good standing. The application for renewal shall also be accompanied by certificates of attendance at continuing education courses as required by § 31.15 (relating to continuing education) for the current and preceding biennial renewal periods in which the license was expired, and an Affidavit of Non-Practice, verifying the period of time in which the licensee abstained from the practice of veterinary medicine in this Commonwealth.
(e) A licensee will not be assessed a late renewal fee for the preceding biennial periods in which the licensee abstained from the practice of veterinary medicine in this Commonwealth.
§ 31.15 Continuing education.
As a condition of licensure renewal under § 31.13 (relating to licensure renewal), a veterinarian shall attend eight 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.
§ 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:
(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.
(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, PA 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. 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).
[Pa.B. Doc. No. 96-955. Filed for public inspection June 14, 1996, 9:00 a.m.]
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