Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine (amending 18VAC150-20-115, 18VAC150-20-121).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: September 15, 2021.

Effective Date: October 1, 2021.

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. Specific authority to regulate veterinary technicians is found in §§ 54.1-3805 and 54.1-3806 of the Code of Virginia.

Purpose: The purpose of this regulatory action is to ensure that veterinary nurse degree holders are not excluded from licensure as veterinary technicians due solely to their program's terminology. The educational program in veterinary technology and the examination taken by graduates is the same for veterinary technicians or veterinary nurses, so there is no difference in their preparation for practice or their demonstration of competency. Therefore, the health and safety of animals in Virginia would be equally protected in the care of persons with either degree or title.

Rationale for Using Fast-Track Rulemaking Process: The rulemaking is concurring with the American Veterinary Medical Association in accepting veterinary nurse designations as the same as veterinary technician designations. The action does not change the term veterinary technician nor does it affect veterinary technology programs in the Commonwealth. 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 substantive provisions of this regulatory action allow applicants to apply for registration as a veterinary technician with the board with a college or school transcript designating the words veterinary nurse or nursing and to allow applicants to apply for licensure by endorsement with the board if they have veterinary nurse credentials, licensing, or registration from another jurisdiction.

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. The board approved the position statement on Veterinary Technician Terminology of the American Veterinary Medical Association, recognizing the use of the term veterinary nurse as a veterinary technician.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Veterinary Medicine (Board) proposes to amend the Regulations Governing the Practice of Veterinary Medicine to specify that a degree in "veterinary nursing" from an accredited program in veterinary technology may be accepted in satisfaction of the education required to gain licensure by either examination or endorsement as a veterinary technician. Also, for veterinary technician licensure by endorsement, the Board proposes to amend the regulation to specify that it would accept the experience of a person who has been practicing in another jurisdiction as a veterinary nurse.

Background. According to the Department of Health Professions (DHP), several accredited veterinary technology programs have changed the name of the degree awarded from "veterinary technology" to "veterinary nurse."¹ It has merely been a change in nomenclature, without changing the contents of the educational programs or the examination taken by graduates.²

Estimated Benefits and Costs. DHP has already implemented these clarifications in practice and accepts a veterinary nursing degree for veterinary technician licensure, and the experience of a person who has been practicing in another jurisdiction as a veterinary nurse for veterinary technician licensure by endorsement.³ Thus, beyond preventing potential confusion among readers of the regulation, the proposal would not have substantial impact.

Businesses and Other Entities Affected. The proposed amendments potentially affect readers of the regulation. Also, the proposal particularly pertains to people who are interested in becoming licensed as a veterinary technician in the Commonwealth who have or are considering obtaining a degree in veterinary nursing, and people who have experience practicing as a veterinary nurse in another jurisdiction. According to DHP, thus far it has received fewer than five applications from persons with a "veterinary nurse" designation. However, as more programs adopt that title, this number is likely to increase.

The proposal does not produce any costs.

Small Businesses⁴ Affected. The proposed amendments do not appear adversely affect small businesses.

Localities⁵ Affected.⁶ The proposed amendments do not disproportionately affect any particular localities. The proposed amendments do not introduce costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposal does not substantively affect the use and value of private property. The proposal does not affect costs related to the development of real estate.

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¹See https://townhall.virginia.gov/L/GetFile.cfm?File=Meeting\33\31189\Minutes_DHP_ 31189_v1.pdf

²See the Purpose section the Agency Background Document: https://townhall.virginia.gov/l/GetFile.cfm?File=33\5703\9231\AgencyStatement_DHP_9231_v1.pdf

³Source: DHP

⁴Pursuant 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."

⁵"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.

⁶§ 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 analysis of the Department of Planning and Budget.

Summary:

The amendments (i) allow the licensure requirements for veterinary technicians to accept a degree from an accredited program in veterinary technology that results in a degree in veterinary nursing and (ii) allow licensure by endorsement requirements to accept the credential of a person who has been practicing in another jurisdiction as a veterinary nurse. These changes reflect the board's approval of the position statement of the American Veterinary Medical Association on terminology to use "veterinary nurse" as the same value as "veterinary technician."

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.

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; 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.

18VAC150-20-121. Requirements for licensure by endorsement for veterinary technicians.

In its discretion, the board may grant a license by endorsement to an applicant who is licensed, certified, or registered to practice as a veterinary technician or a veterinary nurse in another jurisdiction of the United States, provided that the applicant:

1. Holds at least one current and unrestricted license, certification, or registration issued by the regulatory entity in another jurisdiction of the United States and that he is not a respondent in any pending or unresolved board action in any jurisdiction;

2. Provides documentation of having been regularly engaged in clinical practice as a licensed, certified, or registered veterinary technician or veterinary nurse for at least two of the past four years immediately preceding application;

3. Has received a degree in veterinary technology or veterinary nursing from a college or school accredited by the AVMA or the CVMA or has 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. Provides documentation of completion of at least 16 hours of continuing education requirements during the preceding four years;

5. Submits the application fee specified in 18VAC150-20-100 and a complete application on a form obtained from the board;

6. Signs 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; and

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