NEW JERSEY REGISTER

VOLUME 33, NUMBER 11

MONDAY, JUNE 4, 2001

RULE PROPOSAL

LAW AND PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

STATE BOARD OF VETERINARY MEDICAL EXAMINERS
LICENSING EXAMINATION, TEMPORARY PERMIT,
MUNICIPAL RABIES CLINICS AND PUBLIC SERVICE

Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.

 

Proposed Amendments: N.J.A.C. 13:44-1.1, 1.2, 2.2 and 4.2

Authorized By: State Board of Veterinary Medical Examiners, Diane Romano, Executive Director.

Authority: N.J.S.A. 45:16-3.
Proposal Number: PRN 2001-185.

Submit comments by July 4, 2001 to:
Diane Romano, Executive Director

State Board of Veterinary Medical Examiners

PO Box 45020

Newark, New Jersey 07101

The agency proposal follows:

 

Summary

The State Board of Veterinary Medical Examiners (the Board), pursuant to its rulemaking authority found at N.J.S.A. 45:16-3, proposes amendments to N.J.A.C. 13:44-1.1, Eligibility for admission to New Jersey Licensing Examination, N.J.A.C. 13:44-1.2, Required documentation; admission to new Jersey Licensing Examination, N.J.A.C. 13:44-2.2, Eligibility for temporary permit, and N.J.A.C. 13:44-4.2, Municipal rabies clinics and public service.

N.J.A.C. 13:44-1.1, 1.2 and 2.2 are proposed for amendment to make technical changes and to add reference to the North American Veterinary Licensing Examination which is scheduled to replace the National Board Examination and Clinical Competency Test (currently referenced in the regulations) commencing in the fall of 2000.

N.J.A.C. 13:44-1.2 is further proposed for amendment to include reference to the Veterinary Information Verification Agency, which is the correct name for the agency which reports on the results of examinations.

N.J.A.C. 13:44-4.2 allows licensees to perform emergency services for any State or Federal agency without first having to establish a valid veterinarian- client-patient relationship and maintain patient records. The Board proposes to amend this rule to add municipal and county agencies to the list of entities for which a licensee need not establish a veterinarian-client-patient relationship or maintain patient records when performing emergency services. The Board also proposes to amend the rule by deleting the word "valid," which is a qualitative term which goes to the relative strength or weakness of the veterinarian-client-patient relationship. The purpose of this regulation is to exempt a licensee from the responsibility of establishing a veterinarian- client-patient relationship when practicing on the behalf of a municipality, county, State or Federal agency. The use of the term "valid" could indicate that a licensee need establish a veterinarian-client-patient relationship, but that this relationship need not meet the standards set by N.J.A.C. 13:44- 4.9. The Board proposes to delete this term so as to remove any such confusion from its rules.

Social Impact

The Board believes that the proposed amendment to N.J.A.C. 13:44-4.2 will have a positive social impact because it will allow licensees to perform emergency services on behalf of municipal or county agencies, without imposing requirements on the licensee that records be maintained or a client-patient- veterinarian relationship be established. The Board anticipates that the amendment will, by relieving otherwise applicable recordkeeping requirements, facilitate the ability of municipal and county agencies to obtain veterinarians willing to provide assistance in emergency situations. The Board does not believe that any of the other proposed amendments impose any social impact.

Economic Impact

The Board does not believe that the proposed amendments will impose costs on licensees or the general public.

Federal Standard Statement

A Federal standards analysis is not required because the proposed amendments do not involve any Federal standards or requirements.

Jobs Impact

The Board does not believe that the proposed amendments will increase or decrease jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is not required because the proposed amendments do not impose any compliance, recordkeeping or reporting requirements on the approximately 2,000 licensees of the Board.

Full text of the proposal follows:

<< NJ ADC 13:44-1.1 >>

13:44-1.1 Eligibility for admission to New Jersey Licensing Examination

(a) As a prerequisite to taking the New Jersey Licensing Examination, an applicant shall <<-be required to->> submit proof of:

1. Successful completion of any of the following educational criteria:

i.-ii. (No change.)

iii. The training program administered by the Education Commission for Foreign <<+Veterinary+>> Graduates (ECFVG) of the AVMA; and

2. A passing grade, as determined by the test sponsor, on the National Board Examination and the Clinical Competency Test <<+or the North American Veterinary Licensing Examination+>> within 10 years preceding application.

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

<< NJ ADC 13:44-1.2 >>

13:44-1.2 Required documentation; admission to New Jersey Licensing Examination

(a) An applicant for licensure shall submit or arrange to have submitted to the Board, at least two months prior to the New Jersey Licensing Examination<<-, all of the following documents->> <<+the following+>>:

1.-3. (No change.)

4. National Board Examination and Clinical Competency Test<<+, or the North American Veterinary Licensing Examination,+>> scores through <<-Interstate Reporting Service->> <<+the Veterinary Information Verification Agency+>>;

5.-6. (No change.)

<< NJ ADC 13:44-1.4 >>

13:44-1.4 Licensure by waiver of examination

(a) The Board shall waive the New Jersey Practical Examination for an applicant who:

1.-2. (No change.)

3. Except as set forth in (b) below, has passed the National Board Examination and Clinical Competency Test<<+, or the North American Veterinary Licensing Examination+>>; and

4. (No change.)

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

<< NJ ADC 13:44-2.2 >>

13:44-2.2 Eligibility for temporary permit

(a) The Board shall issue a temporary permit to a non-licensed veterinarian provided that:

1. The candidate for licensure has received a passing grade, as determined by the test sponsor, on the National Board Examination and the Clinical Competency Test<<+, or the North American Veterinary Licensing Examination+>>;

2.-3. (No change.)

(b)-(d) (No change.)

<< NJ ADC 13:44-4.2 >>

13:44-4.2 Municipal rabies clinics and public service

Veterinarians shall not be required to establish a <<-valid->> veterinarian-client-patient relationship, nor maintain patient, herd or flock records as required by N.J.A.C. 13:44-4.9 in the course of practice, when participating in municipal rabies clinics sponsored by the State of New Jersey, or when performing emergency services on behalf of any <<+municipal, county,+>> State or Federal agencies.


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Posted June 2001