PROPOSED RULEMAKING
STATE BOARD OF VETERINARY MEDICINE
[49 PA. CODE CH. 31]
Examinations, Application for Licensure and Certification, Fees
[30 Pa.B. 6213] The State Board of Veterinary Medicine (Board) proposes to amend §§ 31.3, 31.11, 31.32--31.35 and 31.41 to read as set forth in Annex A. The proposed rulemaking would amend the Board's regulations to accurately reflect the provision and submission of applications for licensure as a veterinarian and for certification as an animal health technician. In addition, the proposed rulemaking deletes references to the fees charged by the testing organizations from the schedule of fees for both the National veterinary examination and National veterinary technician examination. Finally, the proposed rulemaking reflects the additional questions relating to an applicant's background that appear on the application for certification as an animal health technician.
Effective Date
The final-form regulations would be effective on final publication in the Pennsylvania Bulletin.
Statutory Authority
Section 5 of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.5), sets forth the powers and duties of the Board. Section 5(7) of the act directs the Board to prescribe the subject, character, manner, time and place of the filing of applications for examinations. In addition, section 11 of the act (63 P. S. § 485.11) directs the Board to promulgate by regulation the qualifications and requirements for the certification and regulation of animal health technicians.
Background and Need for the Proposed Rulemaking
Provision and Submission of Applications
The amendments proposed to §§ 31.3 and 31.11 (relating to examinations; and application for licensure) reflect the changes that have been made to the applications for licensure by examination for veterinarians. By way of final rulemaking published at 30 Pa.B. 3044 (June 17, 2000), the Board established the North American Veterinary Licensing Examination (NAVLE), administered by the National Board Examination Committee, as the examination required for licensure in this Commonwealth. Applicants for licensure by examination shall request the application for this examination from the Board and then shall submit the application form, along with the required fee, directly to the testing organization. A separate application form is mailed to applicants with the examination application; this application shall be completed and returned to the Board.
The National Board Examination Committee sets the deadline by which applications shall be received, therefore, references to the time by which the examination application shall be submitted is deleted from the regulations. In contrast, the application form that is submitted to the Board will be submitted at least 60 days prior to the first day of the administration of the NAVLE, so this information is added to the regulations.
The amendments proposed to §§ 31.33--31.35 (relating to applications; qualification for examination; and examinations) reflect changes to the application procedure for applicants for certification as an animal health technician.
The proposed amendment to § 31.33 reflects that applicants for certification by examination receive two application forms from the professional testing organization. One of the forms is returned, with the examination fee, to the professional testing organization. The second application form is returned, with the required fee, to the Board. The proposed amendments to § 31.33 also reflect that there is only one application for certification by endorsement and that this application is obtained from and submitted to the Board.
The proposed amendment to § 31.34 clarifies that a person who wishes to take the veterinary technician National examination shall be a graduate of an approved school. This amendment clarifies the Board's position that only graduates of approved schools who are seeking certification as an animal health technician may qualify to take the examination. A person who wishes to take the examination solely for the purpose of assisting legitimate applicants to pass the test do not qualify to take the examination.
The proposed amendments to § 31.35 serve to reflect that the professional testing organization, not the Board, determines the frequency and location of the Veterinary Technician National Examination. In addition, because the professional testing organization, not the Board, determines the fee charged for the examination, the proposed amendment deletes references to the cost of the examination in the Board's schedule of fees in § 31.41 (relating to schedule of fees).
Additional Requirements for Certification as an Animal Health Technician
The proposed amendment to § 31.32 (relating to certification) reflects that the technician application contains questions related to an applicant's criminal history and history of licensure in other states. The proposed amendments require that an applicant for licensure as an animal health technician disclose whether they have ever been licensed as such in another state and whether another state's licensing board has ever taken disciplinary action against that license. In addition, the proposed amendment would require applicants to disclose whether they had ever been convicted of a felony prohibited by The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144), or any felony relating to a controlled substance in another court, unless the conviction is more than 10 years old. The proposed amendment parallels the requirements for licensure as a veterinarian in the section 9 of the act (63 P. S. § 485.9). The proposed amendments would not automatically preclude an applicant with a felony record related to a drug offense from obtaining certification; however, the applicant would be required to demonstrate to the Board that they are no longer at risk of committing drug-related offenses.
Because the grant of a license to practice as an animal health technician may permit the licensee access to controlled substances and other drugs, the Board believes it is appropriate to conduct the same type of prescreening of these applicants as is conducted for applicants seeking licensure as a veterinarian.
Elimination of References to Examination Fees
The proposed amendment to § 31.41 deletes references to the North American Veterinary Licensing Examination fee of $325 and the Veterinary Technician National Examination fee of $125. These fees are set by the administrators of the examinations, not by the Board. The fees are uniform throughout the United States. To avoid the necessity of amending its regulations whenever the examination administrator might change the fees, the Board proposes to delete references to the fees.
Description of Proposed Amendments
The proposed rulemaking would amend the Board's regulations to reflect that the two applications for veterinary licensure are obtained from the Administrative Office of the Board and that one application is returned to the Board and one application is submitted, along with the required fee, directly to the National examination administrator. The proposed rulemaking would also amend the Board's regulations to reflect that the two applications for animal health technician certification are obtained directly from the professional testing organization and that one application is returned to the Board and one application is submitted, along with the required fee, directly to the testing organization. Finally, the proposed rulemaking would delete references to the cost of the veterinary examination and veterinary technician examination because these fees are set by the National examination administrator and professional testing organization and not by the Board.
Fiscal Impact
The proposed amendments will have no fiscal impact on the Board or its licensees. The proposed amendments should have no fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed amendments will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the proposed amendments should not create additional paperwork for the private sector.
Sunset Date
The Board monitors its regulations on a continuing basis. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 14, 2000, the Board submitted a copy of these proposed amendments to IRRC and the Chairpersons of the House Professional Licensure Committee and Senate Consumer Protection and Professional Licensure Committee for review and comment. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC has objections to any portion of the proposed amendments, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final-form publication of the regulations, by the Board, the General Assembly and the Governor of objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Robert Kline, Administrator, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
BRIAN V. HARPSTER, V.M.D.,
ChairpersonFiscal Note: 16A-5713. 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
GENERAL PROVISIONS § 31.3. Examinations.
(a) The examination required as a prerequisite to original licensure as a veterinarian is the North American Veterinary Licensing Examination (NAVLE). The examination will be given at least annually [and at other times deemed appropriate by the Board, in consultation with] by the National Board Examination Committee.
(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] contacting the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania, 17105-2649 [, (717) 783-1389], veterina@pados. dos.state.pa.us.
(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] National Board Examination Committee.
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] contacting the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649 [, (717) 783-1389], veterina@pados.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.
* * * * *
ANIMAL HEALTH TECHNICIANS AND NONCERTIFIED EMPLOYES § 31.32. Certification.
(a) The Board will grant certification as an animal health technician to an applicant who has [fulfilled the following criteria] provided the following:
(1) A completed and signed application for animal health technician certification.
(2) Satisfactory performance [of] on the proficiency examination as determined by the Board.
[(2)] (3) * * *
(4) A letter of good standing from the licensure board of each state where the applicant has held a license as an animal health technician, if any, reporting the outcome of disciplinary actions taken against the applicant in that state.
(5) 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 Board's regulations.
(b) The fee for application for [initial] certification is as specified [at] in § 31.41 (relating to schedule of fees).
§ 31.33. Applications.
(a) An applicant for certification by examination shall complete and file an application with the Board as specified in § 31.32 (relating to certification) and remit to the Board the fee specified in § 31.41 (relating to schedule of fees). An applicant for certification [as an animal health technician] by examination shall also complete and file an application for the veterinary technician National examination and the required fee directly with the professional testing organization [designated by the Board an Animal Health Technician Certification Application]. Both applications may be obtained from the professional testing organization. [Applications shall be filed with the professional testing organization at least 60 days prior to the examination date.]
(b) An applicant for certification as an animal health technician by endorsement shall complete and file with the Board an application for certification by endorsement on forms prescribed by the Board. The application form may be obtained from the Administrative Office of the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649 or by accessing the Board's web page at www.dos. state.pa.us/bpoa/vetbd/mainpage.htm.
[(c) Application forms may be obtained from the Administrative Office of the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, or by telephone at (717) 783-1389.]
§ 31.34. Qualification for examination.
An applicant for [certification as an animal health technician] examination shall be a graduate of an approved school.
§ 31.35. Examinations.
(a) The examination required for certification as an animal health technician is the Veterinary Technician National Examination (VTNE). [The examination will be offered at least once annually in this Commonwealth at a location to be determined by the Board, in consultation with the professional testing organization under contract with Board.]
(b) An applicant failing to pass an examination for which the applicant has previously qualified shall be reexamined at the applicant's request by submitting a new application and by paying the required fee [, as specified in § 31.41 (relating to schedule of fees.)]
* * * * *
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:
Veterinarians:
* * * * *
[North American Veterinary Licensing
Examination$325] * * * * * Animal Health Technicians:
* * * * *
[Veterinary Technical National Examination
(VTNE) (Effective January 1996)$125] * * * * *
[Pa.B. Doc. No. 00-2063. Filed for public inspection December 1, 2000, 9:00 a.m.]
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