Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Veterinary Medicine
RULE NO.: RULE TITLE:
61G18-16.002: Continuing Education Requirements for Active Status License Renewal
PURPOSE AND EFFECT: Upon reflection and review of the current continuing education requirements the Board has determined that certain modifications are required to more appropriately address those areas of critical concern which have a direct impact upon the consumers of veterinary services. Consequently, the number of hours required for the topic of dispensing legend drugs has been reduced while the number of hours required for the topic of laws and rules has been expanded. The Board has also proposed that a limited number of credit hours in the topic area of laws and rules may be obtained once every two years by attending one full day of a Board of Veterinary Medicine meeting.
SUMMARY: Based upon several years of prosecutorial experience related to violation of the veterinary practice act, an adjustment of continuing education requirements related to the dispensing of legend drugs and the laws and rules of the practice has been made related to hours required and the means by which credit may be obtained.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendments will not require ratification by the Legislature.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 474.206, 474.211, 474.212 FS.
LAW IMPLEMENTED: 474.211 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Board of Veterinary Medicine, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G18-16.002 Continuing Education Requirements for Active Status License Renewal.

(1) No change.

(2) Licensed veterinarians shall complete a minimum of thirty (30) hours of continuing professional education in veterinary medicine every biennium. Beginning on June 1, 2012, no less than one (1) hour two of continuing education which shall be in the area of dispensing legend drugs and no less than two (2) hours of continuing education shall be in the area of the laws and rules governing the practice of veterinary medicine. For the purposes of this rule, the laws and rules governing the practice of veterinary medicine are Chapter 455 and 474, Florida Statutes and Rule Chapter 61G18, Florida Administrative Code.

(a) through (b) No change.

(c) Five (5) hours of continuing education in laws and rules may be obtained once per biennium by attending one full day or eight (8) hours of a Board meeting (whichever is shorter) at which disciplinary hearings are conducted by the Board of Veterinary Medicine by complying with the following:

1. The licensee must sign in with the Executive Director of the Board or designee before the meeting day begins.

2. The licensee must remain in continuous attendance.

3. The licensee must sign out with the Executive Director of the Board or designee at the end of the meeting day or at such other earlier time as affirmatively authorized by the Board. A licensee may receive continuing education credit for attending the Board meeting only if he or she is attending on the date solely for the purpose of obtaining continuing education; he or she may not receive credit if appearing at the Board meeting for another purpose.

(3) through (6) No change.

Rulemaking Specific Authority 474.206, 474.211, 474.212 FS. Law Implemented 474.211 FS. History–New 11-14-79, Amended 11-1-81, Formerly 21X-16.02, Amended 4-20-88, 11-2-88, 3-26-90, Formerly 21X-16.002, Amended 8-18-94, 2-6-95, 3-20-95, 9-24-96, 11-28-96, 12-30-97,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Veterinary Medicine
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Veterinary Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 27, 2012