National Veterinary Accreditation Program
| Citation | 85 FR 10562 |
| Published date | 25 February 2020 |
| Record Number | 2020-03718 |
| Section | Rules and Regulations |
| Court | Animal And Plant Health Inspection Service |
Federal Register, Volume 85 Issue 37 (Tuesday, February 25, 2020)
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Rules and Regulations]
[Pages 10562-10565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03718]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 160, 161, and 162
[Docket No. APHIS-2017-0065]
RIN 0579-AE40
National Veterinary Accreditation Program
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations governing the National
Veterinary Accreditation Program by clarifying the veterinary programs
for which accredited veterinarians are authorized to perform duties
under the Animal Health Protection Act. We are also adding and revising
certain definitions and terms used in the regulations. These changes
will update the program regulations.
DATES: Effective March 26, 2020.
FOR FURTHER INFORMATION CONTACT: Dr. Todd Behre, Coordinator, National
Veterinary Accreditation Program; National Animal Disease Traceability
and Veterinary Accreditation Center, APHIS Veterinary Services; (518)
281-2157; [email protected].
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Health Protection Act, or AHPA (7 U.S.C. 8301 et
seq.), the Secretary of Agriculture is authorized to protect the health
of U.S. livestock by preventing the introduction and interstate spread
of diseases and pests of livestock and by eradicating such diseases
from the United States when feasible. The Secretary may also establish
a veterinary accreditation program consistent with the AHPA, which
includes standards of conduct for accredited veterinarians. The
administration of this program, known as the National Veterinary
Accreditation Program (NVAP), has been delegated to the Animal and
Plant Health Inspection Service (APHIS), Veterinary Services (VS). The
NVAP allows private practitioners, once accredited by APHIS, to assist
Federal veterinarians with performing certain tasks to control and
prevent the spread of animal diseases throughout the United States and
internationally. Title 9 of the Code of Federal Regulations (CFR),
chapter I, subchapter J (parts 160 through 162, referred to below as
the regulations), contains regulations for accreditation of
veterinarians and suspension or revocation of accreditation.
On March 8, 2019, we published in the Federal Register (84 FR 8476-
8479, Docket No. APHIS-2017-0065) a proposal \1\ to amend the
regulations governing the NVAP. We proposed to clarify the veterinary
programs for which accredited veterinarians are authorized to perform
duties under the AHPA and update certain definitions. We solicited
comments concerning our proposal for 60 days ending May 7, 2019. We
received five comments by that date. The comments were from
veterinarians, State departments of agriculture, and a national
veterinary medical association. The comments are discussed below.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0065.
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General
A commenter, an accredited veterinarian, expressed concern about
administrative obstacles associated with performing NVAP-related tasks.
The commenter stated that these obstacles are caused by States and
asked that APHIS help reduce the amount of ``red tape'' that accredited
veterinarians experience by encouraging reciprocity agreements between
States and taking other actions to reduce burden.
While APHIS works to minimize burden whenever practicable, we note
that veterinary licensing requirements are controlled by, and specific
to, individual States and vary according to the predominant animal
industries and diseases of concern in a State, as well as each State's
separate reporting and oversight requirements.
Definitions
In Sec. 160.1, we proposed to revise the definition for Category I
animals to clarify which animals fall under that category and revise
the definition for Category II animals to read ``all animals.'' As we
noted in the proposed rule, veterinarians accredited to work on
Category II animals are authorized to perform duties on animals listed
in both categories.
A commenter recommended that we revise the definition of Category I
animals by adding ``Select animals, excluding . . .'' and removing
``All animals, except. . . .'' The commenter reasoned that the words
``All animals'' should be used exclusively for Category II animals
because the definition actually includes all animals.
We acknowledge the commenter's reasoning but are making no changes
to the proposed definitions. APHIS has been using the updated
definitions in online training modules with no confusion observed as to
which animals are included in each of the categories.
We also proposed to replace the term Veterinarian-in-Charge with
Program
official in Sec. Sec. 160.1, 161.2(a), 161.4, 161.6(c), 162.11,
and 162.12. We proposed this change to provide flexibility to cover
changes to official titles in VS.
A commenter representing a national veterinary medical association
stated that the current term Veterinarian-in-Charge should not be
replaced with the proposed term Program official. The commenter noted
that, unlike Veterinarian-in-Charge, the title of Program official
could conceivably be held by a non-veterinarian who lacks the knowledge
and training required of a veterinarian to competently assess or
oversee animal health. The commenter cited a historical correspondence
in APHIS-VS between job titles and job descriptions and stated that a
non-veterinarian should not be in a position to provide oversight of
Federal or other accredited veterinarians.
We agree with the commenter that officials designated to oversee
[[Page 10563]]
veterinarians and perform official veterinary duties on behalf of APHIS
should be veterinarians and that titles should generally reflect that
fact. Accordingly, in Sec. 160.1 and throughout subchapter J, we will
not replace Veterinarian-in-Charge with Program official as proposed.
Instead, we will remove all instances of Veterinarian-in-Charge and
replace them with Veterinary Official. This change preserves the role
of the veterinarian while allowing APHIS some flexibility in the duties
of veterinarians holding the title. We will define Veterinary Official
as the APHIS veterinarian who is assigned by the Administrator to
supervise and perform the official work of APHIS in a State or group of
States.
Accreditation Requirements
Among the requirements for NVAP accreditation, Sec. 161.1(e)(2)
states in part that the veterinarian must be licensed or legally able
to practice veterinary medicine in the State in which the veterinarian
wishes to perform accredited duties. We proposed adding to this
requirement that an unlicensed veterinarian is legally able to practice
veterinary medicine in a State provided that the veterinarian is
granted written permission to do so by that State's veterinary
licensing authority.
Two commenters raised concerns about our proposal to require
written permission from the State to confirm that an unlicensed
veterinarian is legally able to practice veterinary medicine in that
State.
One of these commenters asked how APHIS would consider the status
of an unlicensed laboratory animal veterinarian employed by a drug
company when the company at which the veterinarian works is located in
a State that excludes veterinarians who work on animals for their
employer from the statutory definition of ``practice of veterinary
medicine.'' The commenter stated that while a laboratory animal
veterinarian is legally able to practice veterinary medicine at that
company without a license, that person cannot get a letter from the
State veterinary board allowing him or her to legally practice without
a license because the State does not consider that veterinarian to be
practicing veterinary medicine. The commenter recommended that APHIS
accept a citation of the State statute exempting the lab veterinarian
from licensing requirements in lieu of the State's written evidence
permitting the veterinarian to legally practice veterinary medicine in
that State without a license.
The other commenter, representing a State department of
agriculture, similarly questioned the need to provide written
permission as evidence of being legally able to practice veterinary
medicine in her State. The commenter noted that regulations in her
State provide several written exemptions from licensure requirements
for veterinarians, including those employed by schools, institutions,
foundations, business corporations, or associations. According to the
commenter, veterinarians working under one of these exemptions can
practice without a license under certain conditions. Although these
exemptions are authorized by State law, the commenter noted that there
is no individual authorization of veterinarians by the State's
veterinary licensing authority. Instead, the State maintains records of
veterinarians within a database that is accessible to APHIS-VS. The
commenter considered this record to serve the same purpose as the
written permission requirement but noted that the proposed requirement,
as written, would not be considered sufficient to allow unlicensed,
exempted veterinarians in the State to continue to be accredited. The
commenter recommended that APHIS remove the written permission
requirement from proposed Sec. Sec. 161.1(e)(2) and 161.2(b), where it
occurs in the same context.
As both of these commenters have indicated, there are State-
specific regulations and practices that may not be compatible with our
proposed requirement that the State provide written permission
confirming that an unlicensed veterinarian is legally able to practice
in that State. However, it is clear to us that the States discussed by
the commenters have exemption provisions in place for unlicensed
veterinarians to legally practice under certain conditions, and that
there are different means by which APHIS can confirm an individual's
status for the purposes of accreditation. Given these considerations,
we are providing an additional means by which it can be shown that an
unlicensed veterinarian is legally able to practice veterinary medicine
in a State. While we are retaining written permission from the State as
one means, APHIS' determination of a person's legal status to practice
veterinary medicine in a State may also be obtained through reference
to State statutes providing veterinary services for a veterinary
employer such as a cooperative, corporation, laboratory, school, or
other institution recognized by the State authority but not involving
contact with animals owned by the public. We are revising Sec. Sec.
161.1(e)(2) and 161.2(b) to include this option.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document. None of the changes to these
regulations imposes new requirements.
Executive Orders 12866 and 13771 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget. This rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
on the Regulations.gov website (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
The mission of the NVAP is to provide accredited veterinarians with
the information they need to ensure the health of U.S. livestock,
poultry, and other animal populations and to protect the public's
health and well-being. APHIS is amending the regulations governing the
NVAP by adding, updating, or clarifying certain definitions and
terminology in 9 CFR parts 160, 161, and 162 that pertain to veterinary
accreditation. The amendments do not impose new regulatory
requirements.
About 70,000 of the approximately 108,000 veterinarians in the
United States are accredited by APHIS. According to the Small Business
Administration, entities that provide veterinary services (classified
under NAICS 541940) are considered to be small if they have $7,500,000
or less in annual receipts. Therefore, virtually all veterinarians are
considered small entities. However, this rule will not impose new or
additional burdens on APHIS accredited veterinarians or those
veterinarians seeking accreditation. No economic impact is anticipated,
as this is a purely administrative action.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
[[Page 10564]]
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 2 CFR chapter IV.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this final rule is adopted: (1) All State and
local laws and regulations that are in conflict with this rule will be
preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection
requirements included in this rule are approved by the Office of
Management and Budget (OMB) under OMB control number 0579-0297.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this final rule, please contact Mr. Joseph Moxey,
APHIS' Information Collection Coordinator, at (301) 851-2483.
List of Subjects in 9 CFR Parts 160, 161, and 162
Administrative practice and procedure, Reporting and recordkeeping
requirements, Veterinarians.
Accordingly, we are amending 9 CFR parts 160, 161, and 162 as
follows:
PART 160--DEFINITION OF TERMS
0
1. The authority citation for part 160 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22,
2.80, and 371.4.
0
2. Section 160.1 is amended as follows:
0
a. By adding, in alphabetical order, a definition for Accreditation;
0
b. In the definition of Accredited veterinarian, by removing ``B, C,
and D'' and adding ``B, C, D, and G'' in its place;
0
c. By adding, in alphabetical order, a definition for Authorization;
0
d. By revising the definitions of Category I animals, Category II
animals, and Official certificate, form, record, report, tag, band, or
other identification;
0
e. By removing the definition of Veterinarian-in-Charge; and
0
f. By adding, in alphabetical order, a definition for Veterinary
Official.
The additions and revisions read as follows:
Sec. 160.1 Definitions.
* * * * *
Accreditation. The action of the Administrator initially approving
a veterinarian in accordance with the provisions of part 161 of this
subchapter to perform functions specified in subchapters B, C, D, and G
of this chapter, in one State.
* * * * *
Authorization. The action of the Administrator approving an
accredited veterinarian in accordance with the provisions of part 161
of this subchapter to perform functions specified in subchapters B, C,
D, and G of this chapter, in a State or States other than the State in
which the veterinarian was initially accredited.
Category I animals. All animals except: Food and fiber species,
horses, birds, farm[hyphen]raised aquatic animals, all other livestock
species, and zoo animals that can transmit exotic animal diseases to
livestock.
Category II animals. All animals.
* * * * *
Official certificate, document, seal, form, record, report, tag,
band, or other identification. Any certificate, document, seal, form,
record, report, tag, band, or other identification, prescribed by
statute or regulations, or prescribed by a State form approved by the
Administrator, for use by an accredited veterinarian performing
official functions under this subchapter.
* * * * *
Veterinary Official. The APHIS veterinarian who is assigned by the
Administrator to supervise and perform the official work of APHIS in a
State or group of States.
PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION
0
3. The authority citation for part 161 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22,
2.80, and 371.4.
0
4. Section 161.1 is amended as follows:
0
a. By revising paragraph (e)(2);
0
b. In paragraph (e)(4) introductory text by removing the word ``core'';
and
0
c. In paragraph (g)(2)(xi) by removing ``B, C, and D'' and adding ``B,
C, D, and G'' in its place.
The revision reads as follows:
Sec. 161.1 Statement of purpose; requirements and application
procedures for accreditation.
* * * * *
(e) * * *
(2) The veterinarian is licensed to practice veterinary medicine in
the State in which the veterinarian wishes to perform accredited
duties. An unlicensed veterinarian is legally able to practice
veterinary medicine in a State provided that the veterinarian is
granted written authorization by that State's veterinary licensing
authority or given legal authority through State statute to provide
veterinary services for a veterinary employer (such as a cooperative,
corporation, laboratory, or other institution recognized by the State
authority but not involving contact with animals owned by the public,
or a college or school of veterinary medicine). Such authorizations may
limit accredited duties to specific geographical areas and/or
activities within the State. APHIS will confirm the licensing or legal
status of the applicant by contacting the State board of veterinary
medical examiners or any similar State organization that maintains
records of veterinarians licensed or otherwise legally able to practice
in a State;
* * * * *
0
5. Section 161.2 is amended as follows:
0
a. By revising the section heading;
0
b. In paragraph (a) by removing the words ``new State'' each time they
occur and adding the words ``additional State'' in their place and
removing the words ``Veterinarian-in-Charge'' each time they occur and
adding the words ``Veterinary Official'' in their place;
0
c. By revising paragraph (b); and
0
d. In paragraph (c) by removing the words ``new State'' and adding the
words ``additional State'' in their place.
[[Page 10565]]
The revisions read as follows:
Sec. 161.2 Performance of accredited duties in additional States.
* * * * *
(b) An accredited veterinarian may not perform accredited duties in
a State in which the accredited veterinarian is not licensed or
otherwise permitted by the State's veterinary licensing authority to
practice veterinary medicine in that State without a license.
* * * * *
Sec. 161.4 [Amended]
0
6. Section 161.4 is amended by removing the words ``Veterinarian-in-
Charge'' each time they occur and adding the words ``Veterinary
Official'' in their place.
Sec. 161.6 [Amended]
0
7. Section 161.6 is amended by removing the words ``Veterinarian-in-
Charge'' each time they occur and adding the words ``Veterinary
Official'' in their place.
Sec. 161.7 [Amended]
0
8. In Sec. 161.7, paragraph (a) is amended by removing ``B, C, and D''
and adding ``B, C, D, and G'' in its place.
PART 162--RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF
VETERINARIANS' ACCREDITATION
0
9. The authority citation for part 162 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22,
2.80, and 371.4.
Sec. Sec. 162.11, 162.12, and 162.13 [Amended]
0
10. Sections 162.11, 162.12, and 162.13 are amended by removing the
words ``Veterinarian-in-Charge'' each time they occur and adding the
words ``Veterinary Official'' in their place.
Done in Washington, DC, this 19th day of February 2020.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-03718 Filed 2-24-20; 8:45 am]
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