Title 15

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

Notice of Proposed Action

[11-081-P]

The State Board of Veterinary Medical Examiners proposes to:

(1) Amend Regulation .04 under COMAR 15.14.03 Licensing and Minimum Sanitary Requirements for Veterinary Facilities; and

(2) Amend Regulations .02—.09 under COMAR 15.14.13 Qualifications for Examination and Registration of a Veterinary Technician.

Statement of Purpose

The purpose of this action is to: (1) alter a requirement concerning respiratory equipment for small animal patients in a surgical and post-surgical setting; (2) update application eligibility requirements for individuals seeking to become registered veterinary technicians in the State of Maryland; and (3) clearly define the expanded role of the American Association of Veterinary State Boards as it pertains to the administration of the Veterinary Technician National Examination and subsequent score reporting.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The SBVME would ordinarily incur expenses for costs associated with sending copies of revised regulatory language to its licensees. However, due to a recent adoption of other regulations affecting the SBVME's licensees, the SBVME opted to send one notification to licensees, instead of two, via regular first class mail. Therefore, costs allocated for mailing the previous amendments have not yet been borne. One mailing covering all of the SBVME's recent regulatory changes will be sent to all licensees. Veterinary hospital owners that do not possess a positive pressure oxygen delivery system will be required to purchase one if they provide surgical services. It is expected that a very small percentage of hospital owners would be affected by this regulation.

Revenue (R+/R-)

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

Benefit (+)
Cost (-)

Magnitude

D. On regulated industries or trade groups:

Veterinary hospital owners

(-)
Undeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

Individuals who own pets

(+)
Undeterminable

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. Owners of veterinary hospitals that do not currently possess an oxygen delivery system will need to purchase one to comply with the SBVME's revised regulation. A delivery system that allows the user to bag an animal and deliver positive pressure ventilation can be purchased for approximately $1,200. It is estimated that roughly 2% of the nearly 500 veterinary hospitals in Maryland may be affected by this change.

F. The requirement that hospital owners have a positive pressure oxygen delivery system reflects a change in acceptable minimal standards for the practice of veterinary medicine in a surgical or post-surgical setting. While the vast majority of veterinary hospitals that offer surgical services are currently equipped with such a device, the expectation is that those that do not have one will see a decreased rate of morbidity among patients requiring supplemental oxygen. A patient's increased chance of survival should correlate positively with increased consumer confidence.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Laura C. Downes, Executive Director, Maryland State Board of Veterinary Medical Examiners, 50 Harry S Truman Parkway, Room 102, Annapolis, MD 21401, or call 410-841-5862, or email to DownesLC@mda.state.md.us, or fax to 410-841-5780. Comments will be accepted through February 28, 2011. A public hearing has not been scheduled.

15.14.03 Licensing and Minimum Sanitary Requirements for Veterinary Facilities

Authority: Agriculture Article, §§2-304 and 2-304.1, Annotated Code of Maryland

.04 Facilities, Equipment, and Supplies for Animal Surgery and Post Surgical Care.

A. (text unchanged)

B. A suitably equipped area shall include the following equipment and supplies:

(1)—(3) (text unchanged)

(4) Instruments and drapes appropriate for the surgical procedures used in the hospital; and

(5) [Instruments and equipment for artificial respiration (the minimal acceptable respirator is an "ambu bag").] A positive pressure oxygen delivery system for small animal patients where medically indicated.

15.14.13 Qualifications for Examination and Registration of a Veterinary Technician

Authority: Agriculture Article, §2-309, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "AAVSB" means the American Association of Veterinary State Boards.

(2) "AVMA" means the American Veterinary Medical Association.

[(1)] (3)—[(2)] (4) (text unchanged)

[(3)] (5) "Maryland State Veterinary Technician Examination" means both the Veterinary Technician National Examination [(VTNE)], and the State Board Examination for becoming a registered veterinary technician.

(6) "PES" means the Professional Examination Service.

[(4)] (7) (text unchanged)

(8) "VTNE" means the Veterinary Technician National Examination.

.03 Qualifications for Examination.

[A. An examination applicant shall pay an application fee, as provided in COMAR 15.14.12.02, and file the following with the Committee at least 45 days before the announced examination date:

(1) A completed examination application on a form the Committee requires;

(2) A 2-inch by 3-inch photograph of the applicant taken within 6 months of the application date, with the applicant's complete signature on the photograph;]

A. Eligibility. To be eligible to take the State Board Examination, an examination applicant shall provide:

[(3)] (1) A final transcript from a school [authenticated certificate] showing that the applicant is a:

(a) Graduate [or candidate for graduation] from a veterinary [technician] technology program approved by the [American Veterinary Medical Association,] AVMA,

(b) (text unchanged)

(c) Graduate of a program approved by the Committee, with equivalent training and experience equal to those candidates who have graduated from a veterinary technician program approved by the [American Veterinary Medical Association;] AVMA.

[(4) A check or money order for the applicable fee, payable to the State Board of Veterinary Medical Examiners.]

B. Board Examination. To take the State Board Examination, an applicant shall submit the following to the State Board within 1 year from the date the Board has received the application:

(1) A complete and notarized examination application on a form provided by the Board;

(2) The application fee, as provided in COMAR 15.14.12.02, in the form of a check or money order, payable to the State Board of Veterinary Medical Examiners;

(3) A 2-inch by 3-inch photograph of the applicant taken within 6 months of the application date, with the applicant's complete signature on the photograph; and

(4) A final transcript from a school, as set forth in §A of this regulation.

[B.] C. (text unchanged)

D. VTNE.

(1) Graduate of an AVMA-Accredited Program.

(a) To sit for a scheduled VTNE, an examination applicant who has graduated from an AVMA-accredited program shall submit to the AAVSB, by a date specified by the AAVSB, the following:

(i) The information specified under §A(1)(a) of this regulation pertaining to the applicant's schooling, so that the AAVSB may determine whether the applicant is eligible to take this examination;

(ii) A completed AAVSB application to take the VTNE; and

(iii) The requisite fees associated with taking the VTNE.

(b) If the AAVSB determines that the applicant is eligible to take the VTNE, it shall notify the applicant.

(2) Other Type Graduate.

(a) To sit for a scheduled VTNE, an examination applicant who meets the eligibility requirements set forth in §A(1)(b) or (c) of this regulation shall have the school from which the applicant graduated submit to the Board a school authenticated copy of the applicant's final transcript and, if applicable, an English translation for its review. The applicant shall also provide the following information in writing to the Board:

(i) Name of applicant; and

(ii) Telephone number or email address of applicant.

(b) If the Board determines that the applicant is eligible to take the VTNE, it shall notify the applicant and the AAVSB.

(c) Upon notification of eligibility to take the VTNE, the applicant shall submit the following to the AAVSB:

(i) A completed AAVSB application to take the VTNE; and

(ii) The requisite fees associated with taking the VTNE.

.04 Maryland Examination—Time and Place.

[The Committee conducts the VTNE once a year, usually in the spring. The Committee shall give 75 days public notice of the time and place for the examination.] The AAVSB shall specify the times and locations for taking the VTNE.

.05 Maryland State Examination—Subject Matter.

A. (text unchanged)

B. The VTNE, written by veterinarians and veterinary technicians affiliated with the AAVSB, [American Veterinary Medical Association,] AVMA, the National Association of Veterinary Technicians of America and the Canadian Association of Animal Health Technologists and Technicians, tests a candidate's general knowledge on subjects relating to veterinary technology.

C. (text unchanged)

.06 Examination—Passing Grade.

A. A candidate shall pass the VTNE. The VTNE shall be administered for those candidates who have not previously taken and passed the VTNE. Candidates who have previously taken and passed the VTNE shall provide the Committee with a report from the [Interstate Reporting Service] AAVSB's Veterinary Information Verifying Agency showing that the candidate has passed the VTNE.

B. Passing [Grade. A passing grade for the VTNE is based upon the criterion referenced passing score of at least 425.] Score for the VTNE. The PES shall establish the passing score for the VTNE.

C. (text unchanged)

.07 Notice of Pass or Fail of VTNE.

The [Committee] AAVSB shall notify each candidate if the candidate passes or fails. Upon request, a candidate may be given the candidate's grade.

.08 Taking Examination After Failure.

After a failure on the VTNE, a candidate may take another examination by:

[A. By making application to the Committee 45 days before the next examination date; and

B. Upon payment of a fee.]

A. Making application directly to the AAVSB; and

B. Meeting all other conditions as specified by the AAVSB or its authorized representative.

.09 Fee Refunds.

[Unless the Committee is notified within 15 days of an examination date that a candidate does not intend to take an examination, the fee may not be refunded.]

A. The fee associated with the State Board Examination is non-refundable.

B. The fee associated with the VTNE shall be refunded in accordance with AAVSB's policy on refunds.

EARL F. HANCE
Secretary of Agriculture