Education Department

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

Mandatory Continuing Education for Veterinarians and Veterinary Technicians

I.D. No. EDU-42-11-00025-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action: Addition of section 62.8 to Title 8 NYCRR.

Statutory authority: Education Law, sections 207, 6504, 6506, 6507(2)(a), 6704-a and 6711-b; and L. 2010, ch. 328

Subject: Mandatory continuing education for veterinarians and veterinary technicians.

Purpose: To implement statutory authority requiring continuing education for licensed veterinarians and veterinary technicians.

Substance of proposed rule (Full text is posted at the following State website:www.op.nysed.gov): Continuing education for the practice of veterinary medicine

A new section 62.8 is added to the Regulations of the Commissioner of Education to implement continuing education requirements to practice as a licensed veterinarian and to practice as a veterinary technician, as prescribed pursuant to Education Law §§ 6704-a and 6711-b, which were recently enacted pursuant to Chapter 328 of the Laws of 2010. Under new section 62.8 of the Commissioner's regulations, a licensed veterinarian in this State would be required to complete 45 hours of continuing education per each triennial registration period, excluding the initial registration period, a maximum of 22 and one-half of which may be self-instruction, and a licensed veterinary technician in this State would be required to complete 24 hours of such education for each triennial registration period, excluding the initial, a maximum of 12 of which may be self-instruction. The proposed rule would provide that a licensee of either profession would be authorized to complete self-instructional study to meet these continuing education requirements.

The proposed rule would describe acceptable formal continuing education and would identify types of learning activities that would be acceptable as continuing education. The proposed rule would also set forth requirements for approval as a sponsor of such continuing education. The proposed rule would also provide limited grounds for a licensee's exemption to these requirements and would provide for a conditional registration, in which a licensee may complete the requirements. Additionally, the rule would provide for the pro-ration of the continuing education requirements for individuals whose next registration date will occur after January 1, 2011 but less than three years from such date.

New section 62.8 of the Commissioner's regulations would also provide that veterinarians and veterinary technicians must maintain adequate documentation verifying that they have met these continuing education requirements. This proposed rule would also require each licensed veterinarian and veterinary technician to pay a continuing education fee of $45.00 in addition to the triennial registration fee. A fee would also be established for entities seeking approval as a sponsor of such continuing education.

Full text is posted at the following State website: www.op.nysed.gov

Text of proposed rule and any required statements and analyses may be obtained from: Chris Moore, State Education Department, Office of Counsel, State Education Bldg., Room 148, 89 Washington Avenue; Albany, New York 12234, (518) 474-3862, email: legal@mail.nysed.gov

Data, views or arguments may be submitted to: Seth Rockmuller, Esq., State Education Department, Office of Professions, State Education Building, 2M, 89 Washington Ave., Albany, New York 12234, (518) 474-1941, email: opdepcom@mail.nysed.gov

Public comment will be received until: 45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Section 6506 of the Education Law authorizes the Board of Regents to supervise the admission to and practice of the profession and in doing so, to promulgate rules including those establishing educational qualifications required for licensing.

Section 6704-a of the Education Law imposes mandatory continuing education requirements on licensed veterinarians in the State and authorizes the State Education Department to implement these statutory requirements, including setting standards of acceptable continuing education, approving sponsors of veterinary continuing education, and enforcing compliance with these mandated continuing education requirements. Education Law § 6704-a also authorizes the Department to establish the mandatory continuing education fee for veterinarians and to issue a conditional registration to a licensee who fails to meet the continuing education requirements and to establish the duration for such registration period.

Section 6711-b of the Education Law imposes mandatory continuing education requirements on licensed veterinary technicians in the State and authorizes the Department to implement these statutory requirements, including setting standards of acceptable continuing education, approving sponsors of veterinary continuing education, and enforcing compliance with these mandated continuing education requirements. Education Law § 6711-b also authorizes the Department to establish the mandatory continuing education fee for veterinarians and to issue a conditional registration to a licensee who fails to meet the continuing education requirements and to establish the duration for such registration period.

Chapter 328 of the Laws of 2010 added sections 6704-a and 6711-b to the Education Law, effective January 1, 2011.

2. LEGISLATIVE OBJECTIVES:

The proposed rule carries out the intent of the aforementioned statutes by establishing standards and procedures for acceptable formal continuing education requirements in the profession of veterinary medicine.

3. NEEDS AND BENEFITS:

The proposed rule implements sections 6704-a and 6711-b of the Education Law, recently enacted by Chapter 328 of the Laws of 2010, which established mandatory continuing education requirements for veterinarians and veterinary technicians licensed in this State. The proposed rule is necessary to implement these statutorily mandated continuing education requirements.

In accordance with this statutory authority, this rule requires that within each three-year registration period, excluding the initial registration period, a licensed veterinarian must complete 45 hours of formal continuing education, 22 and one-half of which may be self-instruction, and a licensed veterinary technician must complete 24 hours of such education, 12 of which may be self-instruction. The proposed rule would identify acceptable coursework and activities through which a licensee may meet the mandatory continuing education requirements. Acceptable coursework would include self-instructional coursework provided by a sponsor approved by the Department. During each triennial registration period, at least two hours of the required continuing education credits would be required to focus on the use, misuse, documentation, safeguarding and prescribing of controlled substances.

The proposed rule would also include provisions relating to the applicability of the continuing education requirements, including the grounds for granting an exemption to the requirements, such as the veterinarian's full-time engagement as a teacher of veterinary medicine at a veterinary education program registered by the Department, the grounds for an adjustment, such as poor health certified by a physician, and the requirements to obtain a conditional registration for up to one year to enable a licensee who was unable to complete the requirements to complete them within one year from the date of issuance of such registration. This rule would also provide the requirements for approval of sponsors of the continuing education by the Department.

4. COSTS:

(a) Costs to State Government: The amendment will impose the cost of reviewing and approving sponsors of continuing education, the cost of auditing the applications for the renewal of registration for licensees and the cost of implementing and administering this process. Additionally, the rule will impose costs on the Department to investigate and enforce, including prosecute, the willful refusal of a licensee to comply with the requirements or to practice unlawfully. Some of this cost will be offset by the additional continuing education fee of $45 paid by a licensee upon each triennial registration period and by the application fee paid by an entity seeking approval as a sponsor of the continuing education. It is anticipated that existing staff and resources will be utilized to complete these tasks.

(b) Costs to local government: None.

(c) Costs to private regulated parties: None. The proposed rule will not impose any additional cost on private regulated parties beyond those inherent in the statute.

(d) Cost to the regulatory agency: As stated above in Costs to State Government, the proposed rule will impose costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule does not impose any program, service, duty or responsibility upon local governments.

6. PAPERWORK:

Each licensee would be required to maintain, or ensure access by the Department to, a record of completed continuing education, which includes: the title of the course if a course, the type of educational activity if an educational activity, the subject of the continuing education, the number of hours of continuing education completed, the sponsor's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. Such records must be retained for at least six years from the date of completion of the continuing education and must be made available for review by the Department in the administration of the requirements of this section.

Continuing education sponsors would also be required to maintain records for at least six years from the date of completion of coursework. Those records would include the name and curriculum vitae of the faculty, a record of attendance of licensees in the course, if a course, a record of participation of licensees in the self-instructional coursework, if self-instructional coursework, an outline of the course, date and location of the course, and the number of hours for completion of the course. In the event an approved sponsor discontinues operation, the governing body of such sponsor would be required to notify the department and to transfer all records as directed by the Department.

7. DUPLICATION:

The proposed rule does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

There are no viable alternatives to the proposed rule, and none were considered.

9. FEDERAL STANDARDS:

There are no Federal standards in the subject matter of the proposed rule.

10. COMPLIANCE SCHEDULE:

The proposed rule must be complied with by its effective date. No additional period of time is necessary to enable regulated parties to comply.

Regulatory Flexibility Analysis

The proposed rule sets forth the mandatory continuing education requirements applicable to individuals engaged in the practice of veterinary medicine.

The proposed rule does not regulate small businesses or local governments. They establish requirements applicable to individuals who are licensed professionals.

Because it is evident from the nature of the proposed rule that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule will apply to the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. All licensed veterinarians and veterinary technicians who are registered to practice in New York State will be subject to the requirements of the proposed rule. Of these individuals, 2,898 licensees have reported that their permanent address of record is in a rural county.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed rule will implement two recently enacted statutes requiring licensed veterinarians to complete 45 hours of formal continuing education and licensed veterinary technicians to complete 24 hours of such education, during each triennial registration period, excluding the initial registration period. This rule identifies the subject matter of the course content and the types of learning activities and other educational activities that will meet the formal continuing education requirements.

The proposed rule provides means for residents located in all counties of the State to complete the continuing education requirements. The rule provides for licensees to complete self-instructional study, including audio, online and other distance learning formats. Veterinarians are authorized to take up to 22 and one-half hours of self-instruction and veterinary technicians are authorized to take up to 12. The proposed rule also provide the opportunity for approved sponsors to offer such activities in a wide range of settings, including workshops, conferences, and colleges.

The proposed rule does not impose a need for professional services but does impose certain minimal recordkeeping requirements on individual licensees and sponsors of the continuing education. Specifically, each licensee would be required to maintain, or ensure access by the Department to, a record of completed continuing education, which would be required to include: the title of the course if a course, the type of educational activity if an educational activity, the subject of the continuing education, the number of hours of continuing education completed, the sponsor's name and any identifying number (if applicable), attendance verification if a course, participation verification if another educational activity, a copy of any article or book for which continuing education credit is claimed with proof of publication, and the date and location of the continuing education. A licensee would be required to retain his or her records for at least six years from the date of completion of the continuing education and must make such records available for review by the Department.

Continuing education sponsors would also be required to maintain records for at least six years from the date of completion of coursework. These records would be required to include the name and curriculum vitae of the faculty, a record of attendance of licensees, a record of participation of licensees in the self-instructional coursework, if self-instructional coursework, an outline of the course, date and location of the course, and the number of hours for completion of the course.

3. COSTS:

Beyond the costs inherent in the statute, the proposed regulations do not impose additional costs on licensees or continuing education sponsors, including those located in rural areas of New York State.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule implements sections 6704-a and 6711-b of the Education Law, which establish mandatory continuing education requirements for veterinarians and veterinary technicians. The proposed rule is necessary to implement these statutorily mandated continuing education requirements. The proposed rule will provide broad flexibility in the types of activities in which such professionals may engage in order to satisfy their continuing education requirements. Because the proposed rule establishes requirements designed to ensure the competent practice of veterinary medicine in New York State, the Department has determined that these requirements should apply to all licensed veterinarians and veterinary technicians regardless of their geographic location. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from statewide organizations representing all parties having an interest in the practice of veterinary medicine. Included in this group were the State Board for Veterinary Medicine and professional associations representing the profession of veterinary medicine. These groups have members who live or work in rural areas.

Job Impact Statement

The proposed rule sets forth the mandatory continuing education requirements applicable to individuals engaged in the practice of veterinary medicine. It establishes continuing education standards in accordance with statutory directives, specifying acceptable continuing education that would meet the statutorily prescribed mandatory continuing education requirements. The proposed amendments will have no effect on the number of jobs and employment opportunities in these professions or any other field.

Because it is evident from the nature of the proposed rule that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.