PROPOSED RULEMAKING
STATE BOARD OF VETERINARY MEDICINE
[49 PA. CODE CH. 31]
Certified Veterinary Technician Specialists
[36 Pa.B. 1240] The State Board of Veterinary Medicine (Board) proposes to amend § 31.38 (relating to code of ethics for certified veterinary technicians) to read as set forth in Annex A. The proposed amendment would bar a certified veterinary technician (CVT) from making false, deceptive or misleading statements or claims, including a representation that the CVT is a specialist, a Veterinary Technician Specialist or a VTS unless the CVT holds current certification from a National Association of Veterinary Technicians in America (NAVTA), recognized specialty organization. The proposed amendment parallels Principle 5(a)(4) in § 31.21 (relating to Rules of Professional Conduct for Veterinarians), which regulates advertising by a veterinarian.
Effective Date
The proposed amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 11 of the Veterinary Medicine Practice Act (63 P. S. § 485.11) authorizes the Board ''to promulgate by regulation the qualifications and requirements for the certification and regulation of veterinary technicians . . . to provide for disciplinary action and . . . [to] prescribe the grounds for such action.'' This proposed rulemaking provides requirements necessary for the regulation of veterinary technicians and, through § 31.39(1) (relating to grounds for disciplinary proceedings), provides for disciplinary action against the certification of a CVT.
Background and Need for Proposed Amendments
Over the past several years, it has become increasingly common for CVTs to obtain specialized education and training in a specialty area beyond the minimum education required for certification. In addition, it has become increasingly common for CVTs to hold themselves out to the public and coworkers as specialists.
For example, a CVT may belong to a veterinary technician society, which is a group of individuals who associate together to exchange information among members. Currently, no accrediting agency has established specialty training, testing or continuing education standards for membership in such a society. A CVT may belong to a topic-specific academy. NAVTA is the Nationally-recognized entity that provides accreditation services for schools of veterinary technology and CVT specialty academies. For a CVT specialty academy to obtain accreditation (known as ''recognition''), the academy must undergo a rigorous review of the academy's education, examination and continuing education requirements. Both veterinarians and CVTs conduct this review. Once a specialty academy has been recognized by NAVTA, all veterinarians, CVTs and the public are ensured a uniform level of preparation and competence in the individuals who are granted certification as specialists of the academy. There are currently three veterinary technician academies recognized by NAVTA to confer a specialty certification upon a veterinary technician. These three academies are the Academy of Veterinary Emergency Critical Care Technicians, the Academy of Veterinary Technician Anesthetists and the Academy of Veterinary Dental Technicians.
The Board believes that it is a departure from the acceptable standards of ethical conduct for a CVT to hold himself out as a specialist because the term, in both human and animal medicine, implies a high degree of achievement including third-party peer reviewed education and examination in a particular subject area. The Board is aware that Federal and State Constitutional law limits governmental regulation of commercial speech so that regulation is permissible if it targets only commercial speech that is misleading and if the governmental regulation employs the least restrictive means possible to avoid misleading the public. The Board believes that a CVT who holds himself out as a specialist, as that term is commonly understood by the public, a Veterinary Technician Specialist or a VTS when the CVT has not been granted specialist status by a National accrediting body that ensures the competence of the CVT in a particular area is misleading the public into believing that the CVT's competence in a particular area has been subject to the rigorous review of a National accrediting body. In addition, the Board believes that its proposed rulemaking is the least restrictive means possible to avoid misleading the public. First, the proposed rulemaking does not restrict a CVT from noting membership in a veterinary technician academy or society. Second, the proposed rulemaking is consistent with National standards of conduct in the profession of veterinary technology.
The rulemaking also proposes to amend § 31.38(e)(2) to conform to the Pennsylvania Code and Bulletin Style Manual, which prefers the use of gender-neutral terms.
Description of Proposed Amendments
The Board proposes to amend the code of ethics for CVTs to use the gender-neutral term ''the technician'' in place of the term ''his'' in § 31.38(e)(2).
The Board proposes to add § 31.38(g). This subsection, through § 31.39(1), would authorize the Board to discipline a CVT who makes a false, deceptive or misleading statement or claim, including a statement or claim that includes a representation that the CVT is a specialist, a Veterinary Technician Specialist or a VTS unless the CVT holds current certification from a NAVTA-recognized organization. The provision parallels an existing provision for veterinarians.
In drafting and promulgating this proposed rulemaking, the Board sent the text of the proposed rulemaking to interested parties, including State and regional veterinary medical associations, associations of animal health technicians and schools of veterinary medicine.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking should not have any financial impact on licensees, the Board or any other State entity. The proposed rulemaking will have no fiscal impact on the public. There are no additional paperwork requirements associated with the rulemaking.
Sunset Date
The Board continuously monitors its regulations. 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 March 8, 2006, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Robert Kline, State Board of Veterinary Medicine, P. O. Box 2649, Harrisburg, PA 17105-2649, www.dos.state.pa.us within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
BRIAN V. HARPSTER, V.M.D.,
ChairpersonFiscal Note: 16A-5716. 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
VETERINARY TECHNICIANS AND NONCERTIFIED EMPLOYEES § 31.38. Code of ethics for certified veterinary technicians.
* * * * * (e) A certified veterinary technician shall be responsible to the client and to the veterinarian in the following respects:
* * * * * (2) To perform [his] the veterinary technician's work only in the manner directed by the veterinarian and to employ [his] the veterinary technician's best care and skill in performing all work for the veterinarian [and not to]. The veterinary technician may not undertake any work which [he] the veterinary technician is not capable of performing satisfactorily.
* * * * * (g) A certified veterinary technician may not make a false, deceptive or misleading statement or claim. A false, deceptive or misleading statement or claim includes any representation that the certified veterinary technician is a specialist, a Veterinary Technician Specialist or a VTS unless the certified veterinary technician holds current certification from a National Association of Veterinary Technicians in America-recognized specialty organization.
[Pa.B. Doc. No. 06-428. Filed for public inspection March 17, 2006, 9:00 a.m.]
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