201 KAR 16:050. Continuing education

Link to law: http://www.lrc.ky.gov/kar/201/016/050reg.htm
Published: 2015

GENERAL GOVERNMENT CABINET

Board of Veterinary

Examiners

(Amendment)

 

      201 KAR 16:050. Continuing education.

 

      RELATES TO: KRS 321.211(7), 321.235(6), 321.441(2)

      STATUTORY AUTHORITY: KRS 321.211(7),

321.235(1), (3), (5), (6), (7), 321.441(2)

      NECESSITY, FUNCTION, AND CONFORMITY: Pursuant

to KRS 321.211(7) the board may require that a person applying for renewal or

reinstatement to show evidence of completion of continuing education. This administrative

regulation establishes the requirements for continuing education hours relating

to the practice of veterinary medicine.

 

      Section 1. (1)(a) A veterinarian shall be

required to biennially complete thirty (30) hours of continuing education to be

eligible for renewal of his or her license. A veterinarian may complete the

required thirty (30) hours of continuing education required for renewal by the

completion of audio or video recordings, electronic, computer, or interactive

material prepared or approved by any of the organizations identified in Section

2(1) and (2) of this administrative regulation.

      (b) Of the required hours, at least

twenty (20) hours shall be directly related to the practice of veterinary

medicine and no more than ten (10) hours may be in related areas such as

practice management.

      [(c) A veterinarian may acquire no

more than four (4) hours of continuing education in each renewal period by the

completion of audio or video recordings, electronic, computer or interactive

materials or programs on scientific subjects prepared or approved by any of the

organizations identified in Section 2(1) and (2) of this administrative

regulation.]

      (2) A veterinary technician and

veterinary technologist shall annually complete six (6) hours of continuing

education to be eligible for renewal of his or her registration. A

veterinary technician and veterinary technologist may complete the required six

(6) hours of continuing education required for renewal by the completion of

audio or video recordings, electronic, computer, or interactive materials or

programs prepared or approved by any of the organizations identified in Section

2(1) and (2) of this administrative regulation.

      (3) Continuing education shall be earned

from October 1 of each renewal period until September 30 at the end of the

period.

      (4) A veterinarian applying for

renewal after completing his or her initial term of licensure after graduating

from a veterinary college may complete fewer hours of continuing education to

be eligible for renewal as established in this subsection.

      (a) A veterinarian completing his or

her initial term of licensure that graduated from a veterinary college during

the first year of the preceding biennium shall complete fifteen (15) hours of

continuing education to be eligible for renewal. This paragraph shall not apply

to applicants for licensure by endorsement under KRS 321.211.

      (b) Continuing education requirements

shall be waived for a veterinarian completing his or her initial term of

licensure that graduated during the second year of the preceding biennium. This

paragraph shall not apply to applicants for licensure by endorsement under KRS

321.221.

 

      Section 2. Approved Courses. (1) The

following programs shall be approved:

      (a) All scientific programs of all

organizations of the American Veterinary Medical Association, its constituent

organizations and its recognized specialty groups and accredited veterinary

medical institutions whose meetings impart educational material directly

relating to veterinary medicine;

      (b) Programs which are approved by the

Registry of Approved Continuing Education (RACE) of the American Association of

Veterinary State Boards (AAVSB); and

      (c) All programs approved by the board,

not associated with RACE or the American Veterinary Medical Association and its

suborganizations.

      (2) Those programs shall impart knowledge

directly relating to the practice of veterinary medicine to the end that the

utilization and application of new techniques, scientific and clinical

advances, and the achievement of research may assure expansive and

comprehensive care to the public.

 

      Section 3. (1) A licensee and a

registrant shall:

      (a) Secure documentation of attendance at

a course; and

      (b) Annually, list on ["]Licensed

Veterinarian Annual Renewal Form["] or ["]Veterinary Technician

Annual Renewal Form["], as appropriate, each course he or she

attended.

      (2) The board may require documentation

of attendance at continuing education courses to be submitted to it.

 

      Section 4. (1) The board may, in

individual cases involving medical disability or illness, grant waivers of the

continuing education requirements or extensions of time within which to fulfill

the same or make the required reports.

      (a) A written request for medical

disability or illness waiver or extension of time shall be:

      1. Submitted by the licensee and

registrant; and

      2. Accompanied by a verifying document

signed by a licensed physician.

      (b) A waiver of the minimum continuing

education requirements or an extension of time within which to fulfill the same

may be granted by the board for a period of time not to exceed one (1) calendar

year.

      (c) If the medical disability or illness

upon which a waiver or extension has been granted continues beyond the period

of the waiver or extension, the licensee or registrant shall reapply for

another extension.

      (2) The board may grant a waiver to a

licensee who is unable to meet the continuing education requirements of this

administrative regulation because of obligations arising from military duty.

      (a) A licensee engaged in active military

duty and deployed outside the United States for more than eight (8) months

shall not be required to have completed the continuing education requirement

for licensure periods during which that status exists.

      (b) A licensee who is called to active

duty in the armed forces[,] shall not be required to have completed the

continuing education requirement for licensure periods during which that status

exists.

      (c) The licensee requesting an extension

or waiver under this provision shall submit the appropriate military assignment

form, deployment orders, or a statement from the licensee’s unit commander

confirming the call-up or deployment.

 

      Section 5. (1)(a) A license or

registration that has been terminated shall be reinstated if a licensee or

registrant submits proof that he has completed the required number of continuing

education hours within the twelve (12) month period immediately preceding the

date on which the application is submitted.

      (b) The board may permit the immediate

reinstatement of a terminated license or registration if the licensee or

registrant agrees to complete the required number of continuing education hours

within six (6) months of the date of reinstatement.

      (2) Prior to renewal of a license or

registration for the licensure period following the licensure period during

which the license or registration was reinstated, a reinstated licensee or

registrant shall have completed the number of continuing education hours

required for renewal of a license or registration by Section 1 of this

administrative regulation.

 

      Section 6. Incorporation by Reference. (1)

The following material is incorporated by reference:

      (a) "Licensed Veterinarian Biennial

Renewal Form[(95)]", August 2015; and

      (b) "Veterinary Technician Annual

Renewal Form[(95)]", August 2015.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky Board

of Veterinary Examiners, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday

through Friday, 8:00 a.m. to 4:30 p.m., or by sending a request to the board at

P.O. Box 1360, Frankfort, Kentucky 40602.

 

PERRY W. WORNALL, D.V.M., Board Chairman

      APPROVED BY AGENCY: August 21, 2015

      FILED

WITH LRC: August 24, 2015 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD:

A public hearing on this administrative regulation shall be held on Monday, October

26, 2015, at 2:00 p.m., local time, at the Kentucky Board of Veterinary

Examiners, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested

in being heard at this hearing shall notify this agency in writing five (5)

workdays prior to the hearing of their intent to attend. If no notification of

intent to attend the hearing is received in writing five (5) workdays prior to

the hearing date, the hearing may be canceled. This hearing is open to the

public. Any person who wishes to be heard will be given an opportunity to

comment on the proposed administrative regulation. A transcript of the public

hearing will not be made unless a written request for a transcript is made in

writing five (5) workdays prior to the hearing. If you do not wish to be heard

at the public hearing, you may submit written comments on the proposed

administrative regulation. Written comments shall be accepted until the close

of business Monday, November 2, 2015. Send written notification of intent to be

heard at the public hearing or written comments on the proposed administrative

regulation to the contact person.

      CONTACT PERSON: John Marcus Jones, Board

Counsel, Office of the Attorney General, 700 Capital Avenue, Suite 118,

Frankfort, Kentucky 40601. phone (502) 696-5635, fax (502) 696-3925.

 

REGULATORY IMPACT

ANALYSIS AND TIERING STATEMENT

 

Contact Person: John Marcus Jones

      (1)

Provide a brief summary of: Establishes the programs and means of obtaining

continuing education for veterinary licensure.

      (a) What this administrative regulation

does: This administrative regulation establishes the continuing education

requirements for veterinary licensees. This administrative regulation lists the

programs that are approved for continuing education and the method for

approving other programs.

      (b) The necessity of this administrative

regulation: This administrative regulation is necessary to advise veterinary

licensees of the minimum continuing education requirements and the means of

obtaining continuing education hours. This administrative regulation lists the

programs that are approved for continuing education credit.

      (c) How does this administrative

regulation conform to the content of the authorizing statutes? KRS Chapter 321

requires the board to establish the criteria for licensure as a veterinarian

and permits the board to prescribe continuing education requirements. This

administrative regulation establishes the minimum continuing education

requirements and identifies the programs that are eligible for continuing

education credit.

      (d) How this administrative regulation

currently assists or will assist in the effective administration of the

statutes: This administrative regulation informs licensees of the continuing

education requirements and the approved methods and programs for obtaining

continuing education credit.

      (2) If this is an amendment to an

existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this

existing administrative regulation: The amendment will expand the methods of

obtaining continuing education credit to include computer or online courses. The

amendment will establish a continuing education level for first term veterinary

licensees.

      (b) The necessity of the amendment to

this administrative regulation: The amendment will expand the approval of

current continuing education programs to include online and computer courses

offered by approved organizations. The amendment will reduce the continuing

education requirement for first term veterinary licensees.

      (c) How the amendment conforms to the

content of the authorizing statutes: KRS 321.211(7), KRS 321.441(2), and KRS

321.235(6) permit the board to establish continuing education criteria for

veterinary professionals. KRS 321.441(2) and KRS 321.235(6) require the board

to establish license renewal requirements for veterinary professionals.

      (d) How the amendment will assist in the

effective administration of the statutes: This amendment will expand the number

of courses approved for continuing education credit to include online and

computer programs offered by approved organizations. The amendment will reduce

the number of continuing education hours necessary for renewal of first term

licensees that have recently graduated from veterinary programs.

      (3) List the type and number of

individuals, businesses, organizations, or state and local governments affected

by this administrative regulation: An estimated 2,500 persons will seek

licensure within the board in the next fiscal year, this regulation will also

continue as new applicants seek licensure from the board.

      (4) Provide an analysis of how the

entities identified in question (3) will be impacted by either the

implementation of this administrative regulation, if new, or by the change, if

it is an amendment, including:

      (a) List the actions that each of the

regulated entities identified in question (3) will have to take to comply with

this administrative regulation or amendment: This administrative regulation allows

applicants to complete continuing education courses online or by computer to

renew their veterinary licensure. This administrative regulation will allow

first term licensees to complete fewer continuing education hours to renew

licensure.

      (b) In complying with this administrative

regulation or amendment, how much will it cost each of the entities identified

in question (3): The board does not anticipate any cost to the applicants

affected by the regulation.

      (c) As a result of compliance, what

benefits will accrue to the entities identified in question (3): Veterinary

licensees will be able to complete online or computer programs offered by

approved organizations to obtain continuing education credit. First term

licensees will be able to complete fewer continuing education hours to renew

licensure after their first term.

      (5) Provide an estimate of how much it

will cost the administrative body to implement this administrative regulation:

      (a) Initially: The budget for the board

is an annual allotment of $277,600 annual. It will not cost the administrative

body any additional funds to implement this administrative regulation.

      (b) On a continuing basis: The budget for

the board is estimated to continue to have a budget of an annual allotment of

$277,600 annual. It will not cost the administrative body any additional funds

to implement this administrative regulation.

      (6) What is the source of the funding to

be used for the implementation and enforcement of this administrative

regulation: The board’s operation is funded by fees paid by the veterinary licensees

and applicants.

      (7) Provide an assessment of whether an

increase in fees or funding will be necessary to implement this administrative

regulation, if new, or by the change if it is an amendment: No increase in fees

or funding is necessary to implement this administrative regulation change.

      (8) State whether or not this

administrative regulation established any fees or directly or indirectly

increased any fees: This administrative regulation does not establish the fees.

This regulation only sets the procedure for obtaining continuing education

hours for veterinary licensees.

      (9) Tiering: Is tiering applied? No. Tiering

is not applied because the requirements in this administrative regulation apply

equally to all licensees and applicants.

 

FISCAL NOTE ON STATE OR

LOCAL GOVERNMENT

 

      1. What units, parts or divisions of

state or local government (including cities, counties, fire departments, or

school districts) will be impacted by this administrative regulation?

Kentucky Board of Veterinary Examiners is an

administrative body created by KRS 321.230.

      2. Identify each state or federal statute

or federal regulation that requires or authorizes the action taken by the

administrative regulation. KRS 321.235, KRS 321.211, and KRS 321.441.

      3. Estimate the effect of this

administrative regulation on the expenditures and revenues of a state or local

government agency (including cities, counties, fire departments, or school

districts) for the first full year the administrative regulation is to be in

effect. This administrative regulation will not have any effect on the

expenditures and revenues of state and local government.

      (a) How much revenue will this

administrative regulation generate for the state or local government (including

cities, counties, fire departments, or school districts) for the first year?

The revenue generated will depend on the number of veterinary license applicants

for the year.

      (b) How much revenue will this

administrative regulation generate for the state or local government (including

cities, counties, fire departments, or school districts) for subsequent years?

The revenue will depend on the number of veterinary license applicants for the

subsequent years.

      (c) How much will it cost to administer

this program for the first year? None

      (d) How much will it cost to administer

this program for subsequent years? None

      Note: If specific dollar estimates cannot

be determined, provide a brief narrative to explain the fiscal impact of the

administrative regulation.

      Revenues (+/-): N/A

      Expenditures (+/-): N/A

      Other Explanation: N/A
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