Rule Proposal

​VOLUME 49, ISSUE 16
ISSUE DATE: AUGUST 21, 2017
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF VETERINARY MEDICAL EXAMINERS

Proposed Amendments: N.J.A.C. 13:44-4.2, 4.9, 4.10, and 5.1

Click here to view Interested Persons Statement

Municipal Rabies Clinics and Public Service; Patient Records; Continuing Education; Fee Schedule
 
Authorized By: State Board of Veterinary Medical Examiners, Jonathan Eisenmenger, Executive Director.
 
Authority: N.J.S.A. 45:16-3.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2017-215.
 
Submit written comments by October 20, 2017​, to:
 
   Jonathan Eisenmenger, Executive Director
   State Board of Veterinary Medical Examiners
   PO Box 45020
   Newark, NJ 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
 
The agency proposal follows:
Summary

N.J.A.C. 13:44-4.2 and 4.9 deal with municipal rabies clinics and the maintenance of patient records. The rules refer to veterinarians treating an animal, herd, or flock. The Board of Veterinary Medical Examiners (the Board) believes that these rules should address any grouping of animals and not just herds and flocks. The Board proposes to amend N.J.A.C. 13:44-4.2 and 4.9 to include any other aggregation of animals.

N.J.A.C. 13:44-4.10(k) permits licensed veterinarians to obtain continuing education credits by providing veterinary care free of charge to managed cat colonies. The rule requires a colony to attest that the cat being treated is feral or a stray. The Board does not believe that a colony could provide this attestation and proposes to amend N.J.A.C. 13:44-4.10(k) to require that such attestation come from a municipality or nonprofit group or organization that manages the colony.

N.J.A.C. 13:44-5.1 indicates that a late renewal fee is due up to 60 days after renewal is due and that a reinstatement fee is due 61 or more days after renewal is due. This does not conform to the requirements of N.J.A.C. 13:44-1.6, which states that a late renewal fee is due up to 30 days after renewal and that a reinstatement fee is due after a license has been suspended for failure to renew, which happens 31 days after renewal. The Board proposes to amend N.J.A.C. 13:44-5.1, so that its time frames for late renewal fees and reinstatement fees conform to those in N.J.A.C. 13:44-1.6.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact

The Board does not believe that the proposed amendments will have any impact on society.
 
Economic Impact

The Board does not believe that the proposed amendments will have any economic impact.
 Federal Standards Statement

A Federal standards analysis is not required because no Federal laws or standards are applicable to the proposed amendments.
 
Jobs Impact

The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

The proposed amendments will not have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Statement

Since licensed veterinarians are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

The proposed amendments will not impose any new costs and the Board does not believe that licensed veterinarians will need to employ any professional services to comply with the proposed amendments. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements.
 
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the amendments would evoke a change in the average costs associated with housing because the proposed amendments concern continuing education and renewal fees for licensed veterinarians.
 
[page=2750] Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern continuing education and renewal fees for licensed veterinarians.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 4.    GENERAL RULES OF PRACTICE
 
13:44-4.2   Municipal rabies clinics and public service
 
Veterinarians shall not be required to establish a veterinarian-client-patient relationship, nor maintain patient, herd, [or] flock, or any other aggregation of animals 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.
 
13:44-4.9   Patient records
 
(a) A licensee shall maintain a separate patient record for each animal, herd, [or] flock, or any other aggregation of animals. All patient records shall accurately reflect the treatment or services rendered. Such records shall include at least the following information:
1.-11. (No change.)
 
(b)-(i) (No change.)
 
13:44-4.10 Continuing education
 
(a)-(j) (No change.)
 
(k) A licensee may obtain up to two continuing education credit hours per biennial period by providing veterinary care without charge:
 
1.-2. (No change.)
 
3. To a cat in a municipally approved managed cat colony provided the municipality, nonprofit group, or organization managing the colony attests to the licensee that the cat being treated is feral or stray with no known owner.
 
(l)-(n) (No change.)
 
SUBCHAPTER 5.    FEE SCHEDULE
 
13:44-5.1   Fee schedule
(a) The following fees shall be charged by the Board: