LAW AND PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

STATE BOARD OF VETERINARY MEDICAL EXAMINERS

Rules of the State Board of Veterinary Medical Examiners

Readoption with Amendments: N.J.A.C. 13:44

Proposed: June 21, 2010 at 42 N.J.R. 1133(a).

Adopted: October 13, 2010 by the State Board of Veterinary Medical Examiners, Mark Logan, VMD, President.

Filed: December 14, 2010 as R.2011 d.023, without change.

Authority: N.J.S.A. 45:16-3.

Effective Dates: December 14, 2010, Readoption;

January 18, 2011, Amendments.

Expiration Date: December 14, 2015.

Summary of Public Comments and Agency Responses follows:

The official comment period ended August 20, 2010. The Board received one comment from Gail Maloney.

1. COMMENT: The commenter recommends that the Board amend N.J.A.C. 13:44-4.9, so that pet owners can obtain copies of all notes and the identity of those who made the notes.

RESPONSE: It is unnecessary to amend N.J.A.C. 13:44-4.9, as it already requires that licensees provide records to a patient’s owner upon request and also requires that patient records identify the licensee or agent making an entry into the record.

2. COMMENT: The commenter suggests that the Board adopt a new rule that would allow a pet owner to stay with their pet when it is being examined by a veterinarian or when basic procedures are being performed on the animal. The commenter recommends that this rule not apply to surgery. The commenter is concerned that veterinarians can lie about what occurs behind closed doors if a pet owner is not there to witness examinations and procedures.

RESPONSE: There is nothing in the rules that prohibits a veterinarian from allowing a patient’s owner to be present in the room when a veterinarian is providing services to a patient. The Board does not believe it is appropriate for it to require that all veterinarians allow this as there are certain instances when, in the interest of the safety and welfare of patients and owners, it is best for the owner to not be in the room while an examination or procedure is being performed. The Board believes that it should allow licensees to use their education and experience to determine whether to allow a patient’s owner into the room while services are being performed.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the rules readopted with amendments.

Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 13:44.

Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 1. LICENSURE BY EXAMINATION; LICENSURE BY WAIVER OF EXAMINATION; BIENNIAL LICENSE RENEWAL; REINSTATEMENT

13:44‑1.4 Licensure by endorsement

(a) The Board shall issue a license to an applicant who:

1. - 2. (No change.)

3. Except as set forth in [(d)] (c) below, has been awarded a degree in veterinary medicine from a veterinary college or university accredited by the American Veterinary Medical Association (AVMA);

4. - 6. (No change.)

(b) - (c) (No change.)

SUBCHAPTER 2. TEMPORARY PERMITS

13:44‑2.2 Eligibility for temporary permit

(a) (No change.)

(b) A person practicing under a temporary permit who fails the New Jersey [Licensing] State Jurisprudence Examination shall file an application for a new temporary permit within two weeks of the date the examination results are issued.

(c) An individual who fails the New Jersey [Licensing] State Jurisprudence Examination four times shall not continue to work under a temporary permit. Such individual may, however, retake the licensing examination until he or she passes the examination.

(d) (No change.)

SUBCHAPTER 3. DEFINITIONS

13:44‑3.1 Definitions

As used in this chapter, the following terms have the following meanings unless the context clearly indicates otherwise.

"Practice of veterinary medicine, surgery and dentistry" means to directly or indirectly diagnose, prognose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury, wound or other physical or mental condition; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique on any animal including, but not limited to, animal acupuncture, surgical or dental operations, animal chiropractic, theriogenology, alternative or complementary veterinary medicine, surgery, including cosmetic surgery, any manual, mechanical, biological or chemical procedure for testing for the presence of any disease or pregnancy or for correcting sterility or infertility, including embryo transfer, or to render service or recommendations with regard to any of the above and all other branches of veterinary medicine, surgery and dentistry

SUBCHAPTER 4. GENERAL RULES OF PRACTICE

13:44‑4.1 Veterinary prescription items

(a) - (d) (No change.)

(e) A licensed veterinarian, in the course of professional practice and an [exiting] existing veterinarian‑client‑patient relationship, shall, upon request, provide a written prescription to a client who does not wish to purchase a prescription item directly from the licensed veterinarian.

(f) (No change.)

13:44‑4.8 Advertising

(a) - (b) (No change.)

(c) A licensee who engages in the use of advertising [which] that contains the following, shall be deemed to be engaged in professional misconduct:

1. - 2. (No change.)

3. Any statement or claim or implication arising therefrom that licensee is a specialist where [Board] national specialty board certification in the claimed area exists and the licensee does not possess such certification. Where [Board] national specialty board certification in an area of claimed expertise does not exist, the use of the term "specialist" or its substantial equivalent shall not be utilized provided, however, that nothing herein shall prohibit truthful and non‑deceptive statements concerning a licensee's experience or training in a particular area of veterinary practice.

4. - 5. (No change.)

(d) - (k) (No change.)

13:44-4.9 Patient records

(a) A licensee shall maintain a separate patient record for each animal, herd or flock. All patient records shall accurately reflect the treatment or services rendered. Such records shall include at least the following information:

1. The name of the facility, [and identification of the treating licensee. If the patient is treated by anyone other than the licensee, the licensee shall ensure that the identity of the individual providing the service is indicated in the patient record and that the provider initials and dates each entry he or she makes on the patient record] which shall appear on every page of the record;

2. The name, initials or other identifying information to indicate the identity of the licensee or agent making the entry in the patient record and the date on which the entry is made;

Recodify existing 2. - 8. as 3. – 9. (No change in text.)

[9.] 10. Such other notes or information so as to provide a clear statement of the patient's condition and the veterinary evaluation and response; and

[10. The name, initials or other identifying information to indicate the identity of the licensee or agent making the entry in the patient record and the date on which the entry is made; and]

11. (No change.)

(b) - (i) (No change.)

13:44-4.10 Continuing education

(a) [Beginning with the 2009 biennial license renewal, and for every] Upon biennial license renewal [thereafter], a licensee shall attest that he or she has completed courses of continuing education of the types and number of credits specified in (b) or (c) below. Falsification of any information submitted on the renewal application may require an appearance before the Board and may result in penalties and/or suspension or revocation of the licensee pursuant to N.J.S.A. 45:1-21 through 45:1-25.

(b) - (j) (No change.)

43 N.J.R. 195(a)
January 18, 2011
Filed December 22, 2010