Title 15

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.12 Fees

Authority: Agriculture Article, §2-303, Annotated Code of Maryland

Notice of Proposed Action

[12-023-P]

The State Board of Veterinary Medical Examiners proposes to amend Regulation .02 under COMAR 15.14.12 Fees.

Statement of Purpose

The purpose of this action is to revise the current fee schedule of the State Board of Veterinary Medical Examiners (SBVME) to allow the SBVME to continue to effectively license veterinarians, veterinary technicians, and veterinary hospitals under its jurisdiction; effectively discipline veterinarians, veterinary technicians, and operators of veterinary hospitals under its jurisdiction, when warranted; and adopt reasonable standards for the practice of veterinary medicine in the State of Maryland.

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, pursuant to its authority under Agriculture Article, §2-303, Annotated Code of Maryland, is proposing to increase certain fees so as to produce sufficient funds necessary for the SBVME to carry out its statutory mission for at least the next 5 years. In 2004, the SBVME established its present fee structure, when S.B. 51 established a continuous, nonlapsing fund, known as the State Board of Veterinary Medical Examiners' Fund (Fund), anticipating that the revenue generated from these fees would cover its expenses for at least a 5-year period. It did and, at the close of fiscal year 2011, after a portion of the Fund was transferred pursuant to the Budget and Reconciliation Financing Act, the SBVME only had approximately $7,700 remaining in it. The proposed fee structure, which also is anticipated to cover SBVME expenses for at least a 5-year period, will ensure that the SBVME has sufficient resources to investigate consumer complaints, manage a case load that frequently involves complex issues concerning the standard of veterinary care, review applications for licensure and registration, process licensure verifications, and inspect veterinary hospitals. The proposed fee increases will have a minimal economic impact upon those persons it regulates, while providing the SBVME sufficient funds to meet its staffing needs.

Revenue (R+/R-)

II. Types of Economic Impact.

Expenditure
(E+/E-)

Magnitude

A. On issuing agency:

(R+)
$259,500
(E+)
$259,500

B. On other State agencies:

NONE

C. On local governments:

NONE

Benefit (+)
Cost (-)

Magnitude

D. On regulated industries or trade groups:

(1) Owners of veterinary hospitals

(-)
Minimal

(2) Veterinarians

(-)
Minimal

(3) Registered veterinary technicians

(-)
Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

General public
(+)
Indeterminable

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

A(1). The SBVME is charged with setting fees necessary to carry out its mission. Under the proposed fee structure, the SBVME anticipates collecting $724,200 annually, approximately $259,500 more than it currently collects (that being approximately $464,700). The proposed fee structure is intended to produce funds approximating the cost of maintaining the SBVME for the next 5 years, plus the additional cost of a new vehicle.

A(2). The SBVME's expenditures have exceeded its revenues since fiscal year 2009. The SBVME had been able to cover its operating costs due to reserve monies being generated, as planned, between fiscal years 2004—2008. An inability to revise its fee structure will leave the SBVME with an increasing deficit in coming years. It is currently estimated that the SBVME's expenditures will exceed its revenues by $109,000 at the close of fiscal year 2012. In an effort to help resolve complaints filed by consumers, SBVME members are interested in pursuing training in mediation and conflict resolution. The SBVME may also consider sending members on a rotating basis to a national conference for state veterinary boards and/or state regulatory boards, in general. Issues impacting veterinary boards across the country, including those of legal and administrative natures, are discussed. Advanced training for the SBVME's investigator would also be sought. The SBVME would also research the possibility of offering continuing education to its licensees, focusing on those areas deemed to need improvement by the regulated community.

D(1). The annual licensing fee for veterinary hospitals is proposed to increase from $100 to $215. This hospital licensing fee represents the second highest source of revenue for the SBVME. The SBVME is proposing that hospital owners who do not reapply for hospital licenses in a timely manner be required to pay a higher late fee ($100 versus the current $40 fee).

D(2). Veterinarians also will be impacted by the fee increases. Veterinary registrations represent the largest source of revenue generated for the SBVME. The SBVME is proposing a 54 percent increase in registration fees. Late registration fees are proposed to increase from $40 to $100. Veterinarians who do not re-register their veterinary license in a timely manner will be required to pay a higher late fee. Approximately 5 percent of licensed veterinarians register late each year. Additionally, under this proposal, prospective licensing candidates would pay $50 more than current licensure candidates pay, and currently licensed veterinarians would pay $10 more for licensure verification to be provided by the SBVME to another state's veterinary board.

D(3). While fees for registered veterinary technicians (RVTs) are also proposed to increase, the percentages of those increases will be less than those incurred by veterinary hospital owners and veterinarians. The initial application fee for a prospective RVT is proposed to increase from $60 to $85, and the triennial registration fee is proposed to increase from $50 to $75.

F. The SBVME routinely reviews and revises the standards for the practice of veterinary medicine in the State of Maryland. The SBVME continues to enforce these standards in an effort to help protect the public and, more specifically, pet owners. Emphasis is placed by the SBVME on bringing its licensees into compliance. This can be achieved by taking formal or informal actions, when warranted. Over the past 5 fiscal years, the SBVME has taken either formal or informal action in approximately 62 percent of cases it investigates.

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 Downes, Executive Director, State Board of Veterinary Medical Examiners, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401, or fax to (410) 841-5780, or call (410) 841-5862, or email to DownesLC@mda.state.md.us. Comments will be accepted through February 27, 2012

.02 Fees.

The following fees are established by the Board of Veterinary Medical Examiners:

A. Veterinarian registration fee (initial and annual thereafter) — [$140] $215;

B. Veterinarian late registration fee — (additional) [$40] $100;

C. Veterinarian State Board examination fee — [$175] $225;

[D. Veterinarian NAVLE sitting fee — $50;]

[E.] D. Veterinary technician application fee — [$60] $85;

[F.] E. Veterinary technician registration fee (triennial) — [$50] $75;

[G.] F. Veterinary hospital license fee (annual) — [$100] $215;

[H.] G. Veterinary hospital late fee — (additional) [$40] $100;

[I.] H. (text unchanged)

[J.] I. Letter of good standing fee — [$15] $25.

EARL F. HANCE
Secretary of Agriculture