RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF VETERINARY MEDICINE
[49 PA. CODE CH. 31]
Examinations; Application for Licensure and Certification; Fees
[32 Pa.B. 1861] The State Board of Veterinary Medicine (Board) amends §§ 31.3. 31.11, 31.32--31.35, 31.39 and 31.41, concerning applications for licensure and examination, to read as set forth in Annex A.
Notice of proposed rulemaking was published at 30 Pa.B. 6213 (December 2, 2000). Publication was followed by a 30-day public comment period during which the Board received no comments from the general public. The House Professional Licensure Committee (HPLC) submitted comments on February 2, 2001. The Senate Consumer Protection and Professional Licensure Committee made no comments. The Independent Regulatory Review Commission (IRRC) submitted comments to the proposed rulemaking on March 2, 2001.
Summary of Comments and Responses to Proposed Rulemaking
Section 31.32(a)(4) (relating to certification)
The HPLC and IRRC recommended that the Board clarify the effect that a prior disciplinary action in another state might have on an applicant for licensure in this Commonwealth. Under the current Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.1--485.35) and the Board's regulations, applicants for veterinary licensure must demonstrate that they are in good standing with the licensing board of any other state in which they are licensed. Section 31.32(a)(4) extends this requirement to an applicant for certification as an animal health technician.
The Board agrees with the HPLC and IRRC that this section would benefit from clarification and adopts their recommendation. The Board finds that the clarity of § 31.32 would be improved if it mirrored the language of § 31.11(b) (relating to application for licensure), which requires the applicant to submit documentation as a prerequisite to licensure. Using this language also indicates that the Board reviews applications on a case-by-case basis. Because applications evidencing discipline in another state are reviewed on a case-by-case basis, the Board cannot predetermine what restrictions, if any, may be placed on an applicant with a disciplinary record. The Board may determine that it is appropriate to deny certification or upon certification, restrict the technician's practice upon consideration of factors such as the nature of the prior infraction, whether the individual's practice is limited in another state, and the length of time that has passed since the infraction.
In addition, the Board agrees with the HPLC and IRRC that the section should be amended to clarify that the Board will have the discretion to deny certification when the applicant has a history of disciplinary action. The Board adopts this proposal, and adds language to § 31.39 (relating to grounds for disciplinary proceedings) to indicate that the Board may refuse to certify an applicant or may, upon certification, place restrictions upon an applicant's practice in this Commonwealth based on prior disciplinary action by another state board. As with an applicant who has a criminal history, an applicant who has been disciplined by another state board must come before the Board for a determination of whether the applicant should be granted certification or licensure, should be granted limited or probationary certification or licensure, or should be denied certification or licensure.
Section 31.32(a)(5)
With respect to § 31.32(a)(4) and (5), the HPLC questioned how the Board would be able to make a determination that a conviction is more than 10 years old or that an applicant is satisfactorily rehabilitated if the applicant need only provide a statement that the applicant has not been convicted of a drug related felony. IRRC also asked the Board to respond to the questions of the HPLC and, in addition, to explain the need for, and purpose of, an exception for an applicant who otherwise satisfies the qualifications contained in the Board's regulations.
Section 31.32(a)(5) is virtually a verbatim recitation of § 31.11(b)(4), which applies to applicants for veterinary licensure. Section 31.11(b)(4) is taken verbatim from section 9(b)(4) of the act (63 P. S. § 485.9(b)(4)). Section 31.32(a)(5) would apply the same criteria to applicants for certification as an animal health technician as are applied to applicants for veterinary licensure with respect to past criminal convictions for drug-related felonies.
The Board has interpreted and applied section 9(b)(4) of the act and § 31.11(b)(4) to require an applicant for veterinary licensure to disclose whether they have been convicted of a felony under The Controlled Substance, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144) or a felony relating to a controlled substance in a court of law of the Untied States or other state. An applicant who has not been convicted of a crime is eligible for licensure. An applicant who discloses that they have been convicted of a crime is required to provide a current criminal record history check from the State Police and the state police in any state where the applicant was convicted of a crime and certified copies of all relevant court documents. An applicant with a felony drug record is only eligible for licensure if the enumerated conditions are met: first, at least 10 years must have passed since the date of conviction; second, the applicant must demonstrate significant progress in personal rehabilitation; and third, the applicant must otherwise meet all requirements for licensure.
The Board can determine whether 10 years have elapsed since the date of the applicant's conviction from current criminal records history submitted by the applicant. An applicant with a criminal history related to drugs is required to demonstrate his progress in personal rehabilitation at a hearing before the Board. Evidence presented by the applicant may include documentation evidencing a period of sustained recovery from a prior drug abuse problem, evaluation by a licensed professional indicating that the applicant is at low risk to reoffend, lack of subsequent criminal convictions, satisfactory completion of criminal probation, work history, personal recommendations and the applicant's testimony.
The HPLC and IRRC also questioned the need for § 31.32(a)(5)(iii), which would require a technician applicant who had been convicted of a felony to ''otherwise satisf[y] the qualifications contained in the Board's regulations.'' This language almost verbatim mirrors the language of § 31.11(b)(4)(iii), which applies to applicants for veterinary licensure, as is required by section 9(b)(4)(iii) of the act. The language is intended to indicate that § 31.32(b)(5) does not contain the complete list of licensure qualifications for persons with drug related felonies in their background.
Just as the act gives the Board discretion in granting, refusing or restricting a license to practice veterinary medicine, the Board's regulations give the Board discretion in granting, refusing, suspending, revoking or otherwise restricting a certificate as an animal health technician. (See sections 21 and 24 of the act (63 P. S. §§ 485.21 and 485.24) and §§ 31.32 and 31.39. For example, a veterinary applicant who has been disciplined in another state for failing to maintain a veterinary clinic in a clean and sanitary condition may be required to report to the Board any change in employment and submit to random inspections of their facility. The amendment to § 31.32(a)(4) (5) would permit the Board, under § 31.39(a)(4)--(6), to impose an appropriate restriction on a technician's license. For example, when considering the application of a technician disciplined in another state for exceeding the allowed scope of practice, the Board might grant a license conditioned upon completion of a course on the scope of practice of a technician in this Commonwealth, or monitoring of the technician's practice by the supervising veterinarian.
Sections 31.11(a) and 31.33 (relating to application for licensure; and applications)
IRRC also commented on §§ 31.11(a) and 31.33. IRRC first suggested that the Board's regulations should instruct applicants for certification as an animal health technician how to obtain application forms for taking the animal health technician examination from the testing organization. Applicants to take the animal health technician examination are students in a school that offers a degree program in veterinary technology. The animal health technician examination is a standard examination required for licensure in all 50 states. The schools offering these programs provide their students with extensive information regarding the examination. The information is also available from the Board's website. The Board does not believe it is necessary to provide these students with contact information in the regulation, and therefore declines to make the suggested modification.
In addition, IRRC suggested that the regulations should inform technician applicants of where to find the testing dates for the veterinary technician National examination. For the reasons explained previously, the Board finds it unnecessary to include this information in the regulations.
Finally, IRRC questioned why the Board was deleting its telephone number from the regulations. The telephone number currently in the regulations is not correct and has been out of date since at least 1998. The Bureau of Professional and Occupational Affairs is likely to move to other offices before the regulations are published. Rather than publish another incorrect telephone number, the Board determined it should remove the telephone number from its regulations.
Statutory Authority
The final-form rulemaking is authorized under section 5(7) of the act (63 P. S. § 485.5(7)). Section 5(7) of the act empowers the Board to prescribe the subject, character, manner, time and place of the filing of application. 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.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will create no additional paperwork for the Board or the private sector.
Compliance with Executive Order 1996-1
Under Executive Order 1996-1, the Board found compelling need for these regulatory amendments.
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 30 Pa.B. 6213, to IRRC and the Chairpersons of the HPLC and the Senate Committee on Consumer Protection and Professional Licensure.
Publication of the notice of proposed rulemaking was followed by a 30-day public comment period during which the Board received no written comment form the public. The Board received and considered comments from the HPLC and IRRC.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on March 4, 2002, these final-form regulations were deemed approved by the HPLC and the Senate Consumer Protection and Professional Licensure Committee. IRRC met on March 7, 2002, and approved the final-form regulations under section 5.1(e) of the Regulatory Review Act.
Additional Information
Individuals who need information about the final-form regulations may contact Robert Kline, Administrative Assistant, State Board of Veterinary Medicine, P.O. Box 2649, Harrisburg, PA 17105-2649.
Findings
The Board finds that:
(1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 21, 1968 (P. L. 469, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated under, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of these amendments are necessary and appropriate for the administration of the act.
Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 31, are amended by amending §§ 31.3, 31.11, 31.32--31.35, 31.39 and 31.41, to read as set forth in Annex A.
(b) The Board shall submit a copy of 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) The final-form regulations take effect immediately upon publication in the Pennsylvania Bulletin.
BRIAN V. HARPSTER, V.M.D.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 1590 (March 23, 2002).)
Fiscal 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 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 contacting the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania, 17105-2649, veterina@pados.dos.state.pa.us.
(c) Examination applications and the fee required shall be submitted directly to the 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 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. 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 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.
(2) North American Veterinary Licensing Examination (NAVLE) results as furnished through a National examination grade reporting service. The Board will accept an applicant's grades from the National Board Examination (NBE) and Clinical Competency Test (CCT) examinations if taken within the last 5 years as furnished through a National examination grade reporting service in lieu of the NAVLE, 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 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.
ANIMAL HEALTH TECHNICIANS AND NONCERTIFIED EMPLOYEES § 31.32. Certification.
(a) As a prerequisite to original certification as an animal health technician, an applicant shall submit the following documentation to the Board:
(1) A completed and signed application for animal health technician certification.
(2) Evidence of satisfactory performance on the proficiency examination as determined by the Board.
(3) Evidence of satisfactory completion of an approved program for the training and education of animal technicians.
(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 within the last 10 years. An applicant convicted of such a felony more than 10 years ago shall also submit the following:
(i) Proof that at least 10 years have elapsed from the date of conviction.
(ii) Satisfactory documentary evidence 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) Satisfactory documentary evidence that the applicant otherwise satisfies the qualifications contained in the Board's regulations.
(b) The fee for application for certification is as specified 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 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. Both applications may be obtained from the professional testing organization.
(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.
§ 31.34. Qualification for examination.
An applicant for 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).
(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.
(c) The Board may waive the VTNE if an applicant satisfies the following requirements:
(1) Has met all of the requirements provided for in the act.
(2) Has filed the required application as provided in § 31.33 (relating to applications).
(3) Has been issued a certificate as an animal health technician or a veterinary technician in another state whose requirements are at least equal to those of the Commonwealth; a copy of this certificate and proof of current good standing shall be submitted.
§ 31.39. Grounds for disciplinary proceedings.
(a) The Board may suspend or revoke certification of an animal health technician or otherwise discipline a certified animal health technician or refuse to certify an applicant, or, upon certification, restrict the practice of an applicant who is found guilty by the Board or by a court of one or more of the following:
(1) Willful or repeated violations of the act or of §§ 31.31--31.38.
(2) Fraud or deceit in procuring or attempting to procure certification or presenting to the Board dishonest or fraudulent evidence of qualifications, or fraud or deception in the process of examination for the purpose of securing certification.
(3) Fraud, deception, misrepresentation or dishonest or illegal practices in or connected with the person's employment.
(4) Revocation or suspension by another state of the certification of the person as an animal health technician or a veterinary technician on grounds similar to those which in this Commonwealth allow disciplinary proceedings, in which case the revocation or suspension shall be conclusive evidence.
(5) Conviction of or plea of guilty or nolo contendere to a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780.101--780.144), in which case a certified copy of the court record shall be conclusive evidence.
(6) Conviction of a felony in the courts of this Commonwealth or of a state, territory or country which, if committed in this Commonwealth, would be deemed a felony and suspension or revocation of certification is in the best interest of the public health and the general safety and welfare of the public. A record of conviction in a court of competent jurisdiction shall be sufficient evidence for disciplinary action to be taken as may be deemed proper by the Board.
(7) Permitting or allowing another to use his certification.
(8) Addiction to the habitual use of intoxicating liquors, narcotics or stimulants to an extent that incapacitates the certified animal health technician from the performance of professional obligations or duties.
(b) Certified animal health technicians and noncertified employes who deviate from the permitted scope of practice as set forth in § 31.31 (relating to scope of practice) will be subject to prosecution and the levying of a civil penalty by the Board under section 28(c) of the act (63 P. S. § 485.28(c)). Veterinarians who permit, order or direct certified animal health technicians or noncertified employes to perform duties which are not authorized by § 31.31 will be subject to disciplinary action by the Board under section 21 of the act (63 P. S. § 485.21).
(c) Disciplinary action by the Board will be taken only after a formal hearing has been held in accordance with the act.
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: Application to original, reactivated, reissued or reciprocal license $ 35 Application for continuing education program approval $ 35 Verification of licensure $ 15 Certification of scores or hours $ 25 Temporary permit $ 35 Biennial renewal $225 Late renewal fee per month or part of month $ 5
Animal health technicians: Application for certification $ 35 Application for continuing education program approval $ 35 Verification of certification $ 15 Certification of scores or hours $ 25 Biennial renewal $ 60 Late renewal fee per month or part of month $ 5
[Pa.B. Doc. No. 02-569. Filed for public inspection April 12, 2002, 9:00 a.m.]
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