No. 43189 (Change in Proposed Rule): Rule R156-28. Veterinary Practice Act Rule

DAR File No.: 43189
Filed: 01/24/2019 12:31:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a public rule hearing, written comments received, and further review and recommendations by the Veterinary Board, these additional proposed amendments provide necessary definitions and clarify how unlicensed assistive personnel can work and be supervised by licensed veterinarians.

Summary of the rule or change:

In Section R156-28-102, these proposed amendments define what "working under" means with regards to unlicensed assistive personnel. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2018, issue of the Utah State Bulletin, on page 7. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division of Occupational and Professional Licensing (Division) estimates that there will be no impact on the state budget from any of these additional proposed amendments because these amendments only conform this rule to existing practice except for those costs already identified in the original amended filing in the October 1, 2018, Bulletin.

local governments:

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

small businesses:

The additional amendments in Section R156-28-102 define "working under" and 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 (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small businesses from these additional amendments because these amendments only conform this rule to existing practice.

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

The additional amendments in Section R156-28-102 define "working under" and will affect licensed veterinarians and the individuals working under them. 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 additional amendments in Section R156-28-102 define "working under" and will affect a licensed veterinarian and an individual working under a licensed veterinarian. However, the Division estimates that there will be no compliance costs for these affected persons from these additional proposed 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:

Based on recommendations by the Veterinarians Licensing Board, these proposed amendments provide a necessary definition of "working under" and clarify how unlicensed assistive personnel can work and be supervised by licensed veterinarians. Small Business: The additional amendments in Section R156-28-102 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 (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small businesses from these amendments, because these amendments only conform this rule to existing practice. Non-small businesses: Similarly, 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 (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to non-small businesses from these amendments, because these 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 [e-mail]

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:

03/18/2019

Interested persons may attend a public hearing regarding this rule:

• 02/20/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Investigations Conference Room, first floor, Salt Lake City, UT

This rule may become effective on:

03/25/2019

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*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)

Section R156-28-102 has additional amendments that define "working under" that 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 (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to non-small businesses from these amendments, because these amendments only conform the rule to existing practice.

 

The head of the Department of Commerce, Executive Director 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 when an individual performs services in Utah as[an individual:

(a) who performs services in Utah as] unlicensed assistive personnel while [employed]supervised by a licensed veterinarian , provided:[;]

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

([c]b) the delegated tasks are maintained in the supervising veterinarian's medical records[whose compensation for federal income tax purposes is reported, or is required to be reported, on a W-2 form; and

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

 

. . . . . . .

 

KEY: veterinary medicine, licensing, veterinarian

Date of Enactment or Last Substantive Amendment: [2018]2019

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