NOTICE OF INTENT

Department of Health and Hospitals

Board of Veterinary Medicine

Licensure Procedures, Continuing Veterinary Education, Fees (LAC 46:LXXXV.303, 401, 405, 500, and 503)

The Louisiana Board of Veterinary Medicine proposes to amend and adopt LAC 46:LXXXV.303, 401, 405, 500, and 503 in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953 et seq., and the Louisiana Veterinary Practice Act, La. R.S. 37:1518A(9). The proposed rules are being amended and adopted to implement the limited number of five (5) times an applicant is eligible to take the national veterinary examination in Louisiana which is the standard in a fast growing number of states and as requested by the national examination agency used by all US states; to more clearly define the status of a Louisiana veterinary license as either Active status or Inactive status based on qualified retirement or disability; to define the reduced annual license renewal fee for a qualified retired or disabled licensee on inactive status, as well as to confirm the annual license renewal fee exemption for a licensee on active military duty; and to more clearly define the exemption from annual continuing education requirements for a qualified retired or disabled licensee on Inactive status, and for a licensee on active military duty.

The proposed rules in general are being adopted and amended in order to maintain and improve professional competencies for the health, welfare, and safety of the citizens and animals of Louisiana. The proposed rule regarding the limited number of five (5) times an applicant is eligible to take the national veterinary examination shall become effective upon promulgation with the exception of any pending application submitted to the Board prior to such promulgation date. The proposed rules regarding active status or inactive status based on qualified retirement or disability, as well as the reduction of the annual license renewal fee and the exemption from continuing education for a qualified retired or disabled licensee on inactive status shall become effective on July 1, 2013 (the beginning date) for the 2013-2014 annual license renewal and every annual license renewal period thereafter. The proposed rules governing the exemption from annual license renewal fee and exemption from annual continuing education requirements for a licensee on active military duty will state in the Board's rules current legal authority in effect on the subject.

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part LXXXV. Veterinarians

Chapter 3. Licensure Procedures

§303. Examinations

A. - B.6.b. …

7. An applicant for licensure may only sit for the national examinations a maximum of five times. Thereafter, the applicant will no longer be eligible for licensure in Louisiana and any application submitted will be rejected.

C. - D. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518 et seq.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Veterinary Medicine, LR 8:66 (February 1982), amended LR 8:144 (March 1982), amended by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:343 (March 1993), LR 19:1327 (October 1993), LR 23:964 (August 1997), LR 25:2232 (November 1999), LR 28:1982 (September 2002), LR 38:

Chapter 4. Continuing Veterinary Education

§400. Definitions

Active Status-a veterinarian who has met all of the requirements for annual licensure and is entitled to practice veterinary medicine in the state of Louisiana.

* * *

Inactive Status-a veterinarian who wishes to retain a Louisiana license, but who has not met all of the requirements for active status and, therefore, is not entitled to practice veterinary medicine in the state of Louisiana.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:224 (March 1990), amended LR 19:1427 (November 1993), LR 38:

§405. Exceptions and Exemptions

A. - B. …

C. Exemptions from these requirements may be made for persons in the following categories:

1. disabled licensees for whom participation in a program represents undue hardship. A request for a disability exemption must be documented by submitting a physician's statement of total disability without probability of return to practice for the annual renewal period. The documentation must be submitted annually with the registration form;

2. a licensee who submits an affidavit of retirement for inactive status as provided by the board is entitled to a waiver of continuing education if he has reached the age of 65 years, or he submits an affidavit of disability and physician's statement of total disability without probability of return to practice for the annual renewal period:

a. once an affidavit is received by the board, a written request for reinstatement of a license may thereafter be submitted to the board within five years of such date of receipt, provided the applicant demonstrates that he has successfully obtained all continuing education hours for the past years at issue, as well as the current year;

b. a request for reinstatement within five years of the date an affidavit is received by the board may be subject to certain conditions being met as set by the board prior to such reinstatement;

c. once an affidavit is received by the board, a written request for reinstatement of a license may be submitted to the board after the expiration of five years of such date of receipt, however, the applicant shall submit an application for re-licensure, pay all required fees and satisfactorily pass all licensure examinations; and

d. a request for reinstatement shall be made in writing for review and consideration by the board;

3. licensees on active military. An affidavit, or other sworn document from the licensee's commanding officer must accompany the annual re-registration form.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:224 (March 1990), amended LR 19:1428 (November 1993), LR 23:1147 (September 1997), LR 29:1478 (August 2003), LR 33:649 (April 2007), repromulgated LR 33:848 (May 2007), amended LR 38:

Chapter 5. Fees

§500. Definitions

Active Status-the fees charged to a veterinarian who has met all of the requirements for annual licensure and is entitled to practice veterinary medicine in the state of Louisiana.

* * *

Inactive Status-the fees charged to a veterinarian who wishes to retain a Louisiana license, but who has not met all of the requirements for active status and, therefore, is not entitled to practice veterinary medicine in the state of Louisiana. Inactive status licenses may be upgraded to active status by written request and payment of the differences between the fees.

* * *

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:1429 (November 1993), amended LR 38:

§503. Exemption of Fee for Active Military Duty/Reduction of Fee for Qualified Retirement/Disability

A. The board shall exempt a veterinarian licensed in the state of Louisiana from the annual license renewal fee for active status if he is a member of the armed forces and is on active duty. The board shall apply the reduced annual renewal fee for inactive status if the veterinarian is totally disabled to practice veterinary medicine without probability of return to practice for the annual renewal period at issue as certified by a physician's statement, or if he is retired and has reached the age of 65 years.

B. In each of the above cases, the veterinarian who requests fee exemption or reduction for inactive status must register with the board annually and provide proof of his eligibility for fee exemption or reduction for inactive status in affidavit form approved by the board.

C. A licensee who submits an affidavit of retirement as provided by the board for this purpose is entitled to the reduced annual fee for inactive status if he has reached the age of 65 years, or submits an affidavit of disability and physician's statement of total disability without probability of return to practice for the annual renewal period at issue. The documentation must be submitted annually with the registration form.

1. once an affidavit is received by the board, a written request for reinstatement of a license may thereafter be submitted to the board within five years of such date of receipt, provided the applicant submits with his request the payment of all back active annual renewal fees, as well as current active annual renewal fees for application.

2. a request for reinstatement within five years of the date an affidavit is received by the board may be subject to certain conditions being met as set by the board prior to such reinstatement.

3. once an affidavit is received by the board, a written request for reinstatement of a license may be submitted to the board after the expiration of five years of such date of receipt, however, the applicant shall submit an application for re-licensure, pay all required fees and satisfactorily pass all licensure examinations.

4. a request for reinstatement shall be made in writing for review and consideration by the board.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518 and 1520.A.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Veterinary Medicine, LR 10:208 (March 1984), amended by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 23:963 (August 1997), LR 29:1478 (August 2003), LR 38:

Family Impact Statement

The proposed rules have no known impact on family formation, stability, and autonomy as described in R.S. 49:972.

Public Comments

Interested parties may submit written comments to Wendy D. Parrish, Executive Director, Louisiana Board of Veterinary Medicine, 263 Third Street, Suite 104, Baton Rouge, LA 70801, or by facsimile to (225) 342-2142. Comments will be accepted through the close of business on Friday, May 18, 2012.

Public Hearing

If it becomes necessary to convene a public hearing to receive comments in accordance with the Administrative Procedure Act, the hearing will be held on Friday, May 25, 2012, at 10 am at the office of the Louisiana Board of Veterinary Medicine, 263 Third Street, Suite 104, Baton Rouge, Louisiana.

Wendy D. Parrish
Executive Director

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Licensure Procedures, Continuing Veterinary Education, Fees

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

There will be no estimated costs or savings for the board with regards to the proposed rules on limiting the number to five (5) times an applicant may sit for the national veterinary medicine examination since the examination applicant interfaces directly with the national examination agency used by all U.S. states.

There will be no estimated additional costs for the board with regards to the proposed rules clarifying the reduction of the annual license renewal fee for a qualified retired or disabled licensee on Inactive status. At present, the board waives the annual license renewal fee, but incurs a comparable amount in administrative costs to process the annual license renewal application and the issuance of the license for each qualified retired or disabled licensee on Inactive status.

There will be no estimated costs or savings for the board with regards to the remaining proposed rules, except the board will incur minimal costs associated with publishing all of the proposed rules once promulgated (estimated at $400 in FY12). Licensees will be informed of this rule change via the board's regular newsletter or other direct mailings, and the Board's website, which result in minimal costs to the Board.

There will be no costs or savings to other state or local governmental units regarding the proposed rules.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no increase on revenue collections for the board with regards to the proposed rules on limiting the number to five (5) times an applicant may sit for the national veterinary medicine examination since the fee for an examination sitting is set by the national examination agency and is paid directly to it by the applicant.

The proposed rules eliminate the board's discretion to grant the waiver for the annual license renewal fee of $100 for qualified retired or disabled licensees on Inactive status. For the current annual license renewal period, there are 20 retired Inactive status licensees and 4 disabled Inactive status licensees, which will result in $2,400 in increased revenue annually. However, it is anticipated that there will be no net increase in revenue collection for the board due to the associated administrative costs. In addition, this rule shall become effective on July 1, 2013, for the 2013-2014 annual license renewal and every annual license renewal period thereafter.

There will be no increase in revenue collections for the board with regards to the remaining proposed rules. Furthermore, there will be no effect on revenue collections for the state or local governmental units with regards to any of the proposed rules.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There will be a cost of $100 for the annual license renewal fee for a qualified retired or disabled licensee on Inactive status. At present, the board waives the annual license renewal fee of $100 for the qualified retired or disabled licensee on Inactive status. The proposed rules on this subject eliminate the board's discretion to grant the waiver. For the current annual license renewal period, there are 20 retired Inactive status licensees and 4 disabled Inactive status licensees. In summary, the cost for an annual license renewal fee payable by a qualified retired or disabled licensee on Inactive status is intended to only cover the board's costs for processing the application and issuing the license. This rule shall become effective on July 1, 2013 for the 2013-2014 annual license renewal and every annual license renewal period thereafter.

There will be no increase in costs and/or economic benefits for directly affected persons or non-governmental groups with regards to the remaining proposed rules.

The proposed rules have no known impact on family formation, stability, and autonomy as described in R.S. 49:972.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The proposed rule limiting the number to five (5) times an applicant is eligible to take the national veterinary examination in Louisiana may have a minimal impact on competition and employment for those applicants who may have otherwise successfully passed the examination on successive attempts; however, successful passage after five (5) attempts is extremely uncommon, and such applicants have been found to not pursue licensure in Louisiana.