No. 43189 (Amendment): Rule R156-28. Veterinary Practice Act Rule

(Amendment)

DAR File No.: 43189
Filed: 09/13/2018 09:04:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Based on recommendations by the Veterinary Licensing Board, these proposed amendments provide necessary definitions, and clarify how unlicensed assistive personnel can work and be supervised by licensed veterinarians. Additionally, these proposed amendments update and clarify the requirements to sit for and retake the North American Veterinarian Licensing Examination (NAVLE), to conform these requirements to the Division of Occupational and Professional Licensing's (Division) contract with the International Council of Licensed Veterinarians, the owner of the NAVLE.

Summary of the rule or change:

In Section R156-28-102, the amendments define what "working under" means with regards to unlicensed assistive personnel. In Section R156-28-302b, the amendments are clerical and grammatical in nature. In Section R156-28-302c, the amendments clarify the examination requirements when initially sitting for the NAVLE and when retaking the NAVLE as needed. In Section R156-28-304, the amendments are clerical and grammatical in nature. In Section R156-28-502, the amendments are clerical and grammatical in nature, and update the existing reference to the Principles of Veterinary Medical Ethics to the latest April 2016 edition.

Statutory or constitutional authorization for this rule:

Subsection 58-1-106(1)(a)
Section 58-28-101
Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

Updates Principles of Veterinary Medical Ethics, published by American Veterinarian Medical Association, April 2016

Anticipated cost or savings to:

the state budget:

The Division estimates that there will be no impact on the state budget from any of these amendments, because these amendments only conform the rule to existing practice. The Division will incur minimal costs of approximately $75 to disseminate this rule once the proposed amendments are made effective.

local governments:

The Division estimates that there will be no impact on local governments from any of these amendments, because these amendments only conform this rule to existing practice.

small businesses:

The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, which may indirectly affect the 223 small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small business from these amendments, because these amendments only conform this rule to existing practice.

persons other than small businesses, businesses, or local governmental entities:

The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, and the Section R156-28-302c amendments that update and clarify examination requirements will affect individuals applying for licensure as a veterinarian. However, the Division estimates that there will be no impact on these other persons from these amendments, because these amendments only conform this rule to existing practice.

Compliance costs for affected persons:

The Section R156-28-102 amendments that define "working under" will affect a licensed veterinarian and an individual working under a licensed veterinarian. The Section R156-28-302c amendments that update and clarify examination requirements will affect an individual applying for licensure as a veterinarian. However, the Division estimates that there will be no compliance costs for these affected persons from these amendments, because these amendments only conform this rule to existing practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to Section R156-28-102 define what "working under" means with regards to unlicensed assistive personnel. The amendments to Section R156-28-302c clarify the examination requirements when initially sitting for the North American Veterinarian Licensing Examination (NAVLE), and when retaking the NAVLE as needed. The amendments to Section R156-28-302b and to Section R156-28-304 are clerical and grammatical in nature and have no fiscal impact. The amendments to Section R156-28-502 are clerical and grammatical in nature, and update the existing reference to the Principles of Veterinary Medical Ethics to the latest April 2016 edition, and have no fiscal impact. The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, which may indirectly affect the 223 small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). Similarly, the definition of "working under" may indirectly affect the four non-small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small businesses or non-small businesses from these amendments, because the amendments only conform this rule to existing practice.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

Jana Johansen at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2018

Interested persons may attend a public hearing regarding this rule:

10/15/2018 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

11/07/2018

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

Appendix 2: Regulatory Impact to Non - Small Businesses (50 or more employees)

The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, which may indirectly affect the four non-small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to non-small business from these amendments, because the amendments only conform the rule to existing practice.

The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

R156. Commerce, Occupational and Professional Licensing.

R156-28. Veterinary Practice Act Rule.

R156-28-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 28, as used in Title 58, Chapters 1 and 28 or this rule:

(1) "In association with licensed veterinarians", as used in Subsection 58-28-307(6), means the out of state licensed veterinarian is performing veterinarian services in this state as the result of a request for assistance or consultation initiated by a Utah licensed veterinarian regarding a specific client or patient and the services provided by the out of state licensed veterinarian are limited to that specific request.

(2) "NBEC" means the National Board Examination Committee of the American Veterinary Medical Association.

(3) "Patient" means any animal receiving veterinarian services.

(4) "Practice of veterinary medicine, surgery, and dentistry" as defined in Subsection 58-28-102(11) does not include the implantation of any electronic device for the purpose of establishing or maintaining positive identification of animals.

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 28, is further defined in accordance with Subsection 58-1-203(1)(e) in Section R156-28-502.

(6) "Working under" as used in Subsection 58-28-102(13), means an individual:

(a) who performs services in Utah as unlicensed assistive personnel while employed by a licensed veterinarian;

(b) whose manner and means of work performance are subject to the right of control of, or are controlled by, a licensed veterinarian;

(d) who is entitled to workers compensation and unemployment insurance provided by the individual's employer under state or federal law.

R156-28-302b. Qualifications for Licensure - Experience Requirements.

In accordance with Subsections 58-1-203(1) and 58-1-301(3), the experience requirements for licensure in Subsection 58-28-302 are defined, clarified, or established as follows.

(1) Each applicant for licensure as a veterinarian shall:

(a) complete 1000 hours of experience while licensed as a veterinarian intern under the supervision of a licensed veterinarian in accordance with the following.

(i) Experience shall be earned in not less than six months and completed within two years of the date of the application.

(ii) Experience in the following settings is not acceptable to fulfill this experience requirement:

(A) temporary employment experiences of less than eight weeks in duration;[or]

(B) part time experience of less than 20 hours per week[.]; or

([~~iii~~]C) [E]experience completed while employed as unlicensed assistive personnel[~~is not acceptable to fulfill this experience requirement~~].

([iv]iii) If the experience is completed in a jurisdiction outside of Utah which does not issue [~~licensure as a~~ ]veterinarian , [~~or as a~~ ]veterinarian intern , or comparable licenses , or else was completed in a setting which does not require licensure, the applicant shall demonstrate that the experience was:

(A) lawfully obtained;

(B) obtained after the applicant met the education requirement specified in Section R156-28-302a;

(C) supervised by a competent supervisor who was licensed as a veterinarian , or who was exempted from licensure[~~, except if the supervisor was exempted from licensure, the applicant must demonstrate the~~] but possessed substantially equivalent qualifications[~~and competence of the supervisor~~]; and

(D) comparable to experience that would be obtained in a standard veterinarian practice setting in Utah.

( iv) Supervision of the intern by the licensed veterinarian may be obtained by "indirect supervision" as defined in Section 58-28-102 provided that the supervisor supplements the indirect supervision with routine face to face contact as the licensed veterinarian deems appropriate using professional judgment.

(v[i]) Each applicant shall demonstrate completion of the experience required by submitting a verification of experience signed by the applicant and the applicant's supervising veterinarian on forms approved by the Division.

(vi[i]) [~~In the event the~~]If a supervisor is unavailable or refuses to provide a certification of qualifying experience, the applicant shall submit a complete explanation of why the supervisor is unavailable and submit verification of the experience by alternative means acceptable to the board, which shall demonstrate that the work was profession-related work, competently performed, and sufficient accumulated experience for the applicant to be granted a license without jeopardy to the public health, safety or welfare.

(b) In accordance with Subsections 58-37-6(1)(a), 58-37-6(5)(b)(i) and R156-37-305(1), a veterinary intern is not eligible to obtain a controlled substance license during the internship.

R156-28-302c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203(1) and 58-1-301(3), the examination requirements for licensure in Subsection 58-28-302(1)(b) are defined, clarified, or established as follows:

(1) Applicants who passed [~~the~~ ]examinations [~~listed in this subsection~~ ]prior to May 1, 2000 shall submit documentation showing they passed:

(a) the National Board Examination (NBE) of the National Board Examination Committee (NBEC) of the American Veterinary Medical Association (AVMA) with a minimum passing score as determined by the NBEC; and

(b) the Clinical Competency Test (CCT) of the NBEC with a minimum passing score as determined by the NBEC.

(2) Applicants who [~~did not pass the~~]passed examinations [~~listed in Subsection (1) prior to~~]after May 1, 2000, shall submit documentation showing they passed the North American Veterinarian Licensing Examination (NAVLE) with a score as determined by the NBEC.

(3) To be eligible to sit for the NAVLE[~~examination~~], an applicant shall submit the following to the International Council for Veterinary Assessment (ICVA), in the manner directed by the ICVA:

(a) an application for approval to sit for the NAVLE[~~examination~~];

(b) the application fee; and

(c) documentation showing the applicant :[has met the education requirement specified in Section R156-28-302a or will complete the education requirement at the end of the semester or quarter in which the applicant is currently enrolled. If the applicant is enrolled in the final semester or quarter before obtaining the degree, documentation of the applicant's student status shall be provided by a letter from the dean or registrar of the educational institution confirming the applicant is a student in good standing and will graduate with the next graduating class.]

(i) has graduated from, or is enrolled in, a school or college of veterinary medicine accredited by the Council on Education of the American Veterinary Medical Association (AVMA); or

(ii) holds a certificate issued by, or is enrolled in and has completed the Step 3 examination requirement for, one of the following programs:

(A) the Educational Commission for Foreign Veterinary Graduates (ECFVG); or

(B) the Program for the Assessment of Veterinary Education Equivalence (PAVE).

(4) An applicant who has not graduated from veterinary school at the time of application must have an expected graduation date no later than ten months from the last date of the applicable testing window.

(5) The following conditions apply to retaking the NAVLE exam:

(a) an applicant may not sit for the NAVLE more than five times;

(b) an applicant may not sit for the NAVLE at a date that is later than five years after the applicant's initial attempt; and

R156-28-304. Continuing Professional Education.

In accordance with Section 58-28-306, there is created a continuing professional education requirement as a condition for renewal or reinstatement of licenses issued under Title 58, Chapter 28. [~~The c~~]Continuing professional education [~~requirement~~ ]shall comply with the following criteria[.]:

(1) During each two year period commencing on September 30 of each even-[]numbered year, a licensee shall be required to complete [~~not less than~~]at least 24 hours of qualified continuing professional education directly related to the licensee's professional practice.

(2) [The required number of hours of continuing professional education for an individual who first becomes licensed during the two year period shall be decreased by a pro-rata amount equal to the part of that two year period preceding the date on which that individual first became licensed.]If a licensee first becomes licensed during the two-year period, the licensee's required number of continuing professional education hours shall be decreased proportionately according to the date of licensure.

(3) Qualified continuing professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a veterinarian;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have [~~associated with it~~ ]a competent method of registration of individuals who actually completed the professional education program , with [~~and~~ ]records of that registration and completion [~~are~~ ]available for review.

(4) Credit for continuing professional education shall be recognized in accordance with the following:

(a) Unlimited hours shall be recognized for continuing professional education as a student or presenter, completed in blocks of time of not less than one hour in formally established classroom courses, seminars, lectures, wet labs, or specific veterinary conferences approved or sponsored by one or more of the following:

(i) the American Veterinary Medical Association;

(ii) the Utah Veterinary Medical Association;

(iii) the American Animal Hospital Association;

(iv) the American Association of Equine Practitioners;

(v) the American Association of Bovine Practitioners;

(vi) certifying boards recognized by the AVMA;

(vii) other state veterinary medical associations or state licensing boards; or

(viii) the Registry of Continuing Education (RACE) of the AASVB.

(b) No more than five continuing professional education hours may be counted for being the primary author of an article published in a peer reviewed scientific journal, and no more than two continuing professional education hours may be counted for being a secondary author.

(d) Any continuing professional education where there is no instructor or where the instructor is not physically present, shall assure the licensee's participation and acquisition of the knowledge and skills intended by means of an examination. These types of continuing professional education courses include internet, audio/visual recordings, broadcast seminars, mail and other correspondence courses.

(5) A licensee shall be responsible for maintaining competent records of completed qualified continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified continuing professional education to demonstrate it meets the requirements under this section.

(6) A licensee who is unable to complete the continuing professional education requirement for reasons such as a medical or related condition, humanitarian or ecclesiastical services, or extended presence in a geographical area where continuing education is not available, may be excused from the requirement for a period of up to three years as provided in Section R156-1-308d.

R156-28-502. Unprofessional Conduct.

Unprofessional conduct includes:

(1) deviating from the minimum standards of veterinary practice set forth in Section R156-28-503;

(2) permitting unlicensed assistive personnel to perform duties that the individual is not competent by education, training or experience to perform; and

(3) failing to conform to the generally accepted and recognized standards and ethics of the profession , including :

(a) [~~those established in~~ ]the Principles of Veterinary Medical Ethics of the American Veterinarian Medical Association (AVMA), as approved by the AVMA Executive Board, [~~July 1999,~~ ]revised [~~November 2003~~]April 2016, which are hereby incorporated by reference ("Principles"); and

(b) [~~, except that~~ ]if a licensee fails to establish the veterinarian-client-patient relationship as required in Section II[~~I A.~~] of [~~those principles~~]the Principles, such failure [~~does~~]shall not excuse the veterinarian from complying with all other duties that would be [~~a part of the duties that would be~~ ]imposed on [a]the veterinarian if the veterinarian had properly established the veterinarian-client-patient relationship.

KEY: veterinary medicine, licensing, veterinarian

Date of Enactment or Last Substantive Amendment: [~~May 27, 2015~~]2018

Notice of Continuation: November 3, 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101