Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine (amending 18VAC150-20-100; adding 18VAC150-20-122, 18VAC150-20-123).

Statutory Authority: § 54.1-2400 and 54.1-3804 of the Code of Virginia.

Public Hearing Information:

August 24, 2017 - 9:05 a.m. - Perimeter Center, 9960 Mayland Drive, 2nd Floor Conference Room, Richmond, VA

Public Comment Deadline: September 22, 2017.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4468, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Veterinary Medicine to promulgate regulations to administer the regulatory system and to levy fees sufficient to cover expenses.

The specific authority of the board relating to establishment of faculty and resident licensure is found in subdivision 3 of § 54.1-3801 of the Code of Virginia and in the powers and duties of the board in § 54.1-3804 of the Code of Virginia.

Purpose: The proposed action is mandated by the third enactment of Chapter 306 of the 2016 Acts of Assembly, which provides that the Board of Veterinary Medicine shall adopt regulations for the licensure of veterinarians employed by the United States or the Commonwealth who are engaged in the practice of veterinary medicine, pursuant to § 54.1-3801 of the Code of Virginia, as part of a veterinary medical education program located in the Commonwealth and accredited by the American Veterinary Medical Association Council on Education by July 1, 2018.

The intent of the board is to establish licensure for persons who are engaged in the practice of veterinary medicine at an accredited veterinary college or any of its subsidiary clinics, so those individuals who provide clinical care to animals will be accountable to the board. The ability to discipline those practitioners if they are found in violation of law or regulation, will protect the health and safety of patients and the welfare of their owners.

Substance: In accordance with the provisions of Chapter 306 of the 2016 Acts of Assembly, the board is proposing to promulgate regulations for a faculty license and an intern/resident license for persons providing clinical care to animals at an accredited veterinary education program in Virginia. Proposed regulations set fees for application and renewal, establish the qualifications for a faculty or resident license, and set out the limitations on practice settings for such licenses.

Issues: The primary advantage of the amendments is accountability for the clinical care of animals provided by faculty, interns, and residents at the veterinary school. There are no disadvantages for the public, which will have some recourse if their animal is harmed by the negligence or unprofessional conduct by a veterinarian at a veterinary educational program. There are no advantages or disadvantages to the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 306 of the 2016 Acts of Assembly,¹ the Board of Veterinary Medicine (Board) proposes to establish a faculty license and an intern/resident license for persons providing clinical care to animals at an accredited veterinary education program in Virginia.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Prior to 2016, veterinarians employed by the Commonwealth, including those at a state medical education program, were exempt from licensing requirements of the Board. Chapter 306 of the 2016 Acts of Assembly eliminated that exemption and authorized the Board to establish requirements for the licensure of such persons. Pursuant to the legislative change, the Board proposes to establish requirements for faculty and intern/resident licensure for practice of veterinary medicine at the educational programs.

The proposed regulation establishes a $100 fee for initial licensure of a faculty member, a $75 annual renewal fee, and a $25 late renewal fee. The proposed initial and annual renewal fees for intern/resident licenses are $25. More importantly, these individuals will be subject to all of the standards of the Board. If they fail to comply with standards designed to protect health, safety, and welfare of animals or their owners, the Board would be able to take corrective action. Therefore, the proposed regulation will provide incentives for best veterinary practices at educational programs and should produce net benefits.

Businesses and Entities Affected. Board staff expects to receive 75 applications for faculty licensure, 25 for resident licensure, and 5 for intern licensure.

Localities Particularly Affected. The proposed regulation would apply to faculty, residents, and interns at any veterinarian educational program. Currently, there is only one such program, Virginia-Maryland College of Veterinary Medicine which has campuses in Blacksburg and Leesburg.

Projected Impact on Employment. The proposed regulation is not anticipated to have a significant impact on employment.

Effects on the Use and Value of Private Property. No effect on the use and value of private property is expected.

Real Estate Development Costs. No impact on real estate development costs is expected.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

Costs and Other Effects. The proposed regulation does not apply to small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed regulation does not introduce an adverse impact on small businesses.

Adverse Impacts:

Businesses. The proposed regulation does not have an adverse impact on businesses.

Localities. The proposed regulation will not adversely affect localities.

Other Entities. The affected faculty, interns, residents, or the educational program will have to pay for the initial and renewal licensure fees.

¹ http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0306

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

Summary:

In accordance with the provisions of Chapter 306 of the 2016 Acts of Assembly, the Board of Veterinary Medicine is proposing regulations for a faculty license and an intern/resident license for persons providing clinical care to animals at an accredited veterinary education program in Virginia.

18VAC150-20-100. Fees.

The following fees shall be in effect:

Veterinary application for licensure Veterinary application for faculty licensure	$200 $100
Veterinary license renewal (active)	$175
Veterinary license renewal (inactive) Veterinary faculty license renewal	$85 $75
Veterinary reinstatement of expired license	$255
Veterinary license late renewal Veterinary faculty license late renewal	$60 $25
Veterinarian reinstatement after disciplinary action Veterinary intern/resident license -- initial or renewal	$450 $25
Veterinary technician application for licensure	$65
Veterinary technician license renewal	$50
Veterinary technician license renewal (inactive)	$25
Veterinary technician license late renewal	$20
Veterinary technician reinstatement of expired license	$95
Veterinary technician reinstatement after disciplinary action	$125
Equine dental technician initial registration	$100
Equine dental technician registration renewal	$70
Equine dental technician late renewal	$25
Equine dental technician reinstatement	$120
Initial veterinary establishment permit registration	$300
Veterinary establishment renewal	$200
Veterinary establishment late renewal	$75
Veterinary establishment reinstatement	$75
Veterinary establishment reinspection	$300
Veterinary establishment -- change of location	$300
Veterinary establishment -- change of veterinarian-in-charge	$40
Duplicate license	$15
Duplicate wall certificate	$25
Returned check	$35
Licensure verification to another jurisdiction	$25

18VAC150-20-122. Requirements for faculty licensure.

A. Upon payment of the fee prescribed in 18VAC150-20-100 and provided that no grounds exist to deny licensure pursuant to § 54.1-3807 of the Code of Virginia, the board may grant a faculty license to engage in the practice of veterinary medicine as part of a veterinary medical education program accredited by the American Veterinary Medical Association Council on Education to an applicant who:

1. Is qualified for full licensure pursuant to 18VAC150-20-110 or 18VAC150-20-120;

2. Is a graduate of an accredited veterinary program and has an unrestricted current license or if lapsed, is eligible for reinstatement in another United States jurisdiction; or

3. Is a graduate of a veterinary program and has advanced training recognized by the American Board of Veterinary Specialties or a specialty training program acceptable to the veterinary medical education program in which he serves on the faculty.

B. The dean of a veterinary medical education program shall provide verification that the applicant is being or has been hired by the program and shall include an assessment of the applicant's clinical competency and clinical experience that qualifies the applicant for a faculty license.

C. The holder of a faculty license shall be entitled to perform all functions that a person licensed to practice veterinary medicine would be entitled to perform as part of his faculty duties, including patient care functions associated with teaching, research, and the delivery of patient care that takes place only within the veterinary establishment or diagnostic and clinical services operated by or affiliated with the veterinary program. A faculty license shall not authorize the holder to practice veterinary medicine in nonaffiliated veterinary establishments or in private practice settings.

D. A faculty license shall expire on December 31 of the second year after its issuance and may be renewed annually without a requirement for continuing education, as specified in 18VAC150-20-70, as long as the accredited program certifies to the licensee's continued employment. When such a license holder ceases serving on the faculty, the license shall be null and void upon termination of employment. The dean of the veterinary medical education program shall notify the board within 30 days of such termination of employment.

18VAC150-20-123. Requirements for an intern/resident license.

A. Upon payment of the fee prescribed in 18VAC150-20-100 and provided that no grounds exist to deny licensure pursuant to § 54.1-3807 of the Code of Virginia, the board may issue a temporary license to practice veterinary medicine to an intern or resident. Upon recommendation of the dean or director of graduate education of the veterinary medical education program, such a license may be issued to an applicant who is a graduate of an AVMA-accredited program or who meets requirements of the Educational Commission of Foreign Veterinary Graduates or the Program for the Assessment of Veterinary Education Equivalence of the American Association of Veterinary State Boards, as verified by the veterinary medical education program. The application shall include the beginning and ending dates of the internship or residency.

B. The intern or resident shall be supervised by a fully licensed veterinarian or a veterinarian who holds a faculty license issued by the board. The intern or resident shall only practice within the veterinary establishment or diagnostic and clinical services operated by or affiliated with the veterinary program. A temporary license shall not authorize the holder to practice veterinary medicine in nonaffiliated veterinary establishments or in private practice settings.

C. An intern or resident license shall expire on August 1 of the second year after its issuance and may be renewed upon recommendation by the dean or director of graduate education of the veterinary medical education program.