Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine (amending 18VAC150-20-10, 18VAC150-20-115).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: March 16, 2022.

Effective Date: April 1, 2022.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 597-4130, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

Basis: Regulations are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the Board of Veterinary Medicine the authority to promulgate regulations to administer the regulatory system. The Board of Veterinary Medicine promulgates regulations for veterinary technicians in accordance with § 54.1-3805 of the Code of Virginia.

Purpose: The purpose of this regulatory action is to provide a pathway to licensure for persons educated in veterinary technology outside the United States or Canada without the additional costs and time associated with completion of a degree from an accredited program. The Program for the Assessment of Veterinary Education Equivalence (PAVE) program will assess the education equivalence of international veterinary technician or nurse graduates through course review and substantiation of English proficiency. Therefore, the health and safety of animals in Virginia would be equally protected in the care of persons with either a degree or PAVE certification.

Rationale for Using Fast-Track Rulemaking Process: The board is responding to a petition for rulemaking from the Executive Director of the American Association of Veterinary State Boards to accept PAVE as evidence of education for veterinary technician licensure. Since the intent is to expand access and availability to the profession and since the scope of practice is not affected, it is not expected to be controversial.

Substance: The board proposes amending regulations to accept PAVE certification as evidence of education as a veterinary technician for licensure in Virginia. PAVE is the Program for the Assessment of Veterinary Education Equivalence for veterinary technicians by the American Association of Veterinary State Boards. 18VAC150-20-10 is amended to add the definition of PAVE and 18VAC150-20-115 is amended to add PAVE certification as satisfactory evidence of education for licensure.

Issues: The primary advantage is the removal of any barriers to qualified applicants for licensure as veterinary technicians. Virginia has a shortage of technicians who are vital to veterinary practices, so amendments that remove potential barriers are advantageous to persons who utilize veterinary services. There are no disadvantages to the public. The primary advantage to the department is continued recognition of qualified persons applying for licensure.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. In response to a petition for rulemaking from the Executive Director of the American Association of Veterinary State Boards, the Board of Veterinary Medicine (Board) proposes to accept PAVE certification as satisfying the educational requirements necessary for licensure as a veterinary technician. PAVE is the Program for the Assessment of Veterinary Education Equivalence for veterinary technicians by the American Association of Veterinary State Boards.

Background. The Department of Health Professions (DHP) states that the purpose of this regulatory action is to provide a pathway to licensure for persons educated in veterinary technology outside the U.S. or Canada, without requiring the additional costs and time associated with completion of a degree from an accredited program in the U.S. or Canada. PAVE assesses the education equivalence of international veterinary technician/nurse graduates through course review and substantiation of English proficiency. PAVE has been operational for veterinarians for about 20 years.² It is now in the process of beginning to assess programs for veterinary technicians.

Estimated Benefits and Costs. The current regulation requires that applicants for licensure by examination as a veterinary technician have received a degree in veterinary technology or veterinary nursing from a college or school accredited by the American Veterinary Medical Association or the Canadian Veterinary Medical Association. The proposal is to also accept a PAVE certificate, which is available to a veterinary technician/nurse whose degree was conferred outside of the United States and Canada by a recognized post-secondary, professional school of veterinary technology/nursing or equivalent program.³

According to DHP, PAVE certification for veterinary technicians is not yet operational, but certain components of the PAVE certification process are anticipated. PAVE has set the application fee at $300, and candidates for a certificate must take either the TOEFL⁴ iBT test (fee: $235) or IELTS⁵ test (fee: $250) to demonstrate English proficiency. For certification, PAVE may require that some candidates take one to three additional credit hours to supplement their foreign degree to achieve equivalency with the American and Canadian veterinary technology (or nursing) educational training.⁶ These courses could be completed at a local community college or through distance learning, and would cost $100 to $200 (in-state) per credit hour. That would be a cost ranging from $100 to $600 in course fees. All told the cost in fees would likely be less than $1,200. There would also be the time costs associated with preparing for and taking the English proficiency test, and if necessary acquiring the one to three credit hours.⁷

These costs are considerably lower than acquiring a degree in veterinary technology or veterinary nursing from a college or school accredited by the American Veterinary Medical Association or the Canadian Veterinary Medical Association. According to DHP, the fees for obtaining an associate's degree in veterinary technology are between $13,000 and $15,000. It would also likely take approximately two years.⁸ Thus, the proposal clearly benefits persons who wish to become licensed as a veterinary technician in Virginia, but were educated in veterinary technology or nursing in a country outside the U. S. and Canada.

Businesses and Other Entities Affected. The proposal particularly affects persons who wish to become licensed as a veterinary technician in the Commonwealth, but were educated in veterinary technology or nursing in a country outside the U. S. and Canada. Indirectly, the proposal also potentially affects the 1,192 registered veterinary establishments⁹ in Virginia that may wish to hire such technicians.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹⁰ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. No adverse impact is indicated for this proposal.

Small Businesses¹¹ Affected.¹² The proposal does not appear to adversely affect small businesses.

Localities¹³ Affected.¹⁴ The proposal does not disproportionately affect particular localities or substantively affect costs for local governments.

Projected Impact on Employment. The proposal would make it easier for individuals educated as veterinary technicians or nurses outside of the U.S. or Canada to become employed as veterinary technicians in Virginia, but would not likely substantively affect total employment.

Effects on the Use and Value of Private Property. The proposal may make it modestly easier for veterinary establishments to find qualified veterinary technicians to hire, which may in turn modestly reduce their costs and commensurately increase their value. The proposal does not affect real estate development costs.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²See https://aavsb.org/news/article/105

³See https://aavsb.org/Download?url=s/hwa8pf8l2j0n5kv/PAVE for Veterinary Technician Standards and Policies.pdf

⁴TOEFL stands for Test of English as a Foreign Language.

⁵IELTS stands for International English Language Testing System.

⁶Source: DHP

⁷All data provided by DHP.

⁸Source: https://www.collegerank.net/what-is-an-associates-degree/

⁹Data source: https://www.dhp.virginia.gov/about/stats/2021Q4/04CurrentLicenseCountQ4FY2021.pdf

¹⁰Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

¹¹Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹²If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to Code § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹³ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁴§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Board of Veterinary Medicine concurs with the result of the economic impact analysis of the Department of Planning and Budget.

Summary:

The amendments change the regulation to accept PAVE certification as evidence of education as a veterinary technician for licensure in Virginia. PAVE is the Program for the Assessment of Veterinary Education Equivalence for veterinary technicians by the American Association of Veterinary State Boards.

18VAC150-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"AAVSB" means the American Association of Veterinary State Boards.

"Automatic emergency lighting" is lighting that is powered by battery, generator, or alternate power source other than electrical power, is activated automatically by electrical power failure, and provides sufficient light to complete surgery or to stabilize the animal until surgery can be continued or the animal moved to another establishment.

"AVMA" means the American Veterinary Medical Association.

"Board" means the Virginia Board of Veterinary Medicine.

"Companion animal" means any dog, cat, horse, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or animal under the care, custody or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

"CVMA" means the Canadian Veterinary Medical Association.

"DEA" means the U.S. Drug Enforcement Administration.

"ICVA" means the International Council for Veterinary Assessment.

"Immediate supervision" means that the licensed veterinarian is immediately available to the licensed veterinary technician or assistant, either electronically or in person, and provides a specific order based on observation and diagnosis of the patient within the last 36 hours.

"Owner" means any person who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.

"PAVE" means the Program for the Assessment of Veterinary Education Equivalence for veterinary technicians of the American Association of Veterinary State Boards.

"Preceptee" or "extern" means a student who is enrolled and in good standing in an AVMA accredited college of veterinary medicine or AVMA accredited veterinary technology program and who is receiving practical experience under the supervision of a licensed veterinarian or licensed veterinary technician.

"Preceptorship" or "externship" means a formal arrangement between an AVMA accredited college of veterinary medicine or an AVMA accredited veterinary technology program and a veterinarian who is licensed by the board and responsible for the practice of the preceptee. A preceptorship or externship shall be overseen by faculty of the college or program.

"Private animal shelter" means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

"Professional judgment" includes any decision or conduct in the practice of veterinary medicine, as defined by § 54.1-3800 of the Code of Virginia.

"Public animal shelter" means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated for the same purpose under a contract with any locality.

"Specialist" means a veterinarian who has been awarded and has maintained the status of diplomate of a specialty organization recognized by the American Board of Veterinary Specialties of the American Veterinary Medical Association, or any other organization approved by the board.

"Surgery" means treatment through revision, destruction, incision or other structural alteration of animal tissue. Surgery does not include dental extractions of single-rooted teeth or skin closures performed by a licensed veterinary technician upon a diagnosis and pursuant to direct orders from a veterinarian.

"Veterinarian-in-charge" means a veterinarian who holds an active license in Virginia and who is responsible for maintaining a veterinary establishment within the standards set by this chapter, for complying with federal and state laws and regulations, and for notifying the board of the establishment's closure.

"Veterinary establishment" or "establishment" means any stationary or ambulatory practice, veterinary hospital, animal hospital, or premises wherein or out of which veterinary medicine is being conducted.

"Veterinary technician" means a person licensed by the board as required by § 54.1-3805 of the Code of Virginia.

18VAC150-20-115. Requirements for licensure by examination as a veterinary technician.

A. The applicant, in order to be licensed by the board as a veterinary technician, shall:

1. Have received a degree in veterinary technology or veterinary nursing from a college or school accredited by the AVMA or the CVMA or obtained a PAVE certificate.

2. Have filed with the board the following documents:

a. A complete application on a form obtained from the board;

b. An official copy, indicating a veterinary technology or veterinary nursing degree, of the applicant's college or school transcript or documentation of a PAVE certificate; and

c. Verification that the applicant is in good standing by each board in another state or United States jurisdiction from which the applicant holds a license, certification, or registration to practice veterinary technology or veterinary nursing.

3. Have passed the Veterinary Technician National Examination approved by the AAVSB or any other board-approved, national board examination for veterinary technology with a score acceptable to the board.

4. Sign a statement attesting that the applicant has read, understands, and will abide by the statutes and regulations governing the practice of veterinary medicine in Virginia.

5. Have submitted the application fee specified in 18VAC150-20-100.

6. Have committed no acts that would constitute a violation of § 54.1-3807 of the Code of Virginia.

B. The application for licensure shall be valid for a period of one year after the date of initial submission, after which time a new application and fee shall be required.