[Federal Register: June 1, 2006 (Volume 71, Number 105)]
[Proposed Rules]
[Page 31109-31121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn06-19]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 31109]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 160, 161, and 162
[Docket No. APHIS-2006-0093]
RIN 0579-AC04
National Veterinary Accreditation Program
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations regarding the
National Veterinary Accreditation Program to establish two
accreditation categories in place of the current single category, to
add requirements for supplemental training and renewal of
accreditation, and to offer accreditation specializations. We are
proposing these changes in order to support the Agency's animal health
safeguarding initiatives, to involve accredited veterinarians in
integrated surveillance activities, and to make the provisions
governing our National Veterinary Accreditation Program more uniform
and consistent. These proposed changes would increase the level of
training and skill of accredited veterinarians in the areas of disease
prevention and preparedness for animal health emergencies in the United
States.
DATES: We will consider all comments that we receive on or before July
31, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the lower ``Search Regulations and Federal
Actions'' box, select ``Animal and Plant Health Inspection Service''
from the agency drop-down menu, then click on ``Submit.'' In the Docket
ID column, select APHIS-2006-0093 to submit or view public comments and
to view supporting and related materials available electronically.
Information on using Regulations.gov, including instructions for
accessing documents, submitting comments, and viewing the docket after
the close of the comment period, is available through the site's ``User
Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0093, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0093.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Lawrence Miller, Program Manager,
National Veterinary Accreditation Program, VS, APHIS, 4700 River Road
Unit 200, Riverdale, MD 20737; (301) 734-6188.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR chapter I, subchapter J (parts 160 through
162, referred to below as the regulations), govern the accreditation of
veterinarians and the suspension and revocation of such accreditation.
These regulations are the foundation for the National Veterinary
Accreditation Program (NVAP). Accredited veterinarians are approved by
the Administrator of the Animal and Plant Health Inspection Service
(APHIS), United States Department of Agriculture (USDA), to perform
certain regulatory tasks to control and prevent the spread of animal
diseases throughout the United States and internationally.
In this document, we are proposing to amend the regulations to
accomplish the following:
Replace the current single category of accreditation with
two categories: Category I, which would be limited in scope to
companion animals and related activities, and Category II, which would
encompass all animal species and accredited activities. The addition of
Category I would allow for the accreditation of veterinarians who can
complete certificates for the international movement of companion
animals, diagnose exotic animal diseases in companion animals, and
perform veterinary tasks during animal disease emergencies.
Provide for the renewal of accreditation every 3 years and
require accredited veterinarians to complete supplemental training
units (four for Category I and nine for Category II) during each 3-year
renewal period. These changes would increase the rigor of the
accredited veterinarian program and provide additional training and
knowledge for accredited veterinarians.
Provide for Category II accredited veterinarians to become
qualified to perform certain specialized activities such as trichinae
safe herd certification work. This change would allow specialized
activities to be performed under the regulatory auspices of the NVAP.
We are also proposing to make several minor changes that would
improve the program's effectiveness. Each of these proposed changes is
discussed in detail below. In addition, we are proposing several
organizational changes to the regulations to improve their clarity and
effectiveness. A derivation table that shows the organizational changes
we are proposing is provided below. The organizational changes are
discussed in more detail later in this proposal.
Table 1.--Derivation Table for Proposed Changes to Parts 161 and 162
------------------------------------------------------------------------
Proposed new section or paragraph Based on
------------------------------------------------------------------------
161.1(a).................................. No change.
161.1(b).................................. 161.2(a).
161.1(c).................................. 161.2(a)(1) and new
language.
161.1(d).................................. 161.2(d) and new language.
161.1(e).................................. 161.2(a)(2) and new
language.
161.1(f).................................. New language.
161.1(g).................................. New language.
161.2(a).................................. 161.1(b).
[[Page 31110]]
161.2(b).................................. 161.1(c).
161.2(c).................................. New language.
161.3..................................... New language.
161.4..................................... 161.3.
161.5..................................... New language.
161.6(a).................................. 161.4(a) and new language.
161.6(b).................................. 161.2(c).
161.6(c).................................. 161.2(b) and new language.
161.6(d).................................. 161.4(b).
161.6(e).................................. 161.4(c).
161.6(f).................................. 161.4(d).
161.6(g).................................. 161.4(a).
161.7..................................... New language.
162.10.................................... 162.10 and new language.
162.12(a)................................. No change.
162.12(b)................................. 162.12(d).
162.12(c)................................. 162.12(b).
162.12(d)................................. 162.12(c).
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New Categories of Accreditation
The current regulations in Sec. 161.2(a) and (d) set out the
requirements for initial veterinary accreditation and the tasks that
veterinarians must be able to perform in order to be accredited,
respectively. We would move these provisions to Sec. 161.1, as shown
in the derivation table above, and amend the section heading of Sec.
161.1 to read ``Statement of purpose; requirements and application
procedures for accreditation'' to reflect the movement of those
provisions.
The current regulations provide for only one type of accreditation;
however, we would revise the current requirements for accreditation to
provide for two accreditation categories. The new category we are
proposing to add, Category I, would allow for the accreditation of
veterinarians who only wish to perform accredited duties relating to
companion animals. Under Category I, a veterinarian would be accredited
to participate in disease surveillance and issue international health
certificates and domestic certificates for interstate movement for
companion animals. For this category, routine disease surveillance
would only relate to exotic animal diseases (including surveillance for
emerging and foreign animal diseases) that occur in companion animals,
rather than to diseases exclusively associated with companion animals.
Except during animal disease emergencies, Category I veterinarians
would not be authorized to perform accredited work activities with
horses, food or fiber animal species, or other livestock or poultry
animals. Commensurate with the limited duties that veterinarians
accredited under Category I would be authorized to perform, the tasks a
veterinarian would have to be able to perform to be accredited under
Category I would also be less comprehensive than those for proposed
Category II and would only relate to companion animals.
Other countries often require that companion animals moved into
those countries be accompanied by an international health certificate
stating that those animals are free of certain diseases. The
regulations currently do not provide for the accreditation of
veterinarians who are competent to perform accredited duties for
companion animals but not for livestock or poultry. Establishing
Category I as a new accreditation category would give veterinarians for
companion animals the option of becoming accredited without having to
learn and perform duties relating to livestock and poultry; since most
veterinarians practice solely on companion animal species, adding
Category I accreditation as an option would enable veterinarians to be
accredited to perform duties consistent with their type of practice.
However, Category I veterinarians would be accredited to
participate in disease surveillance for diseases relating to livestock
and poultry as they occur in companion animals; for example, a Category
I veterinarian could participate in surveillance for avian diseases
when examining pet birds. In addition, Category I veterinarians could
be asked to participate in surveillance in livestock or poultry during
an outbreak of a livestock or poultry disease, when finding enough
personnel to perform adequate surveillance may become a significant
issue; Category I veterinarians would be capable of drawing blood from
livestock or poultry for testing, for example. Therefore, adding this
category would also increase APHIS' disease surveillance resources for
livestock and poultry.
To clarify the distinction between companion animals and other
animals, we would add a definition of companion animals to Sec. 160.1.
This definition would read: ``Animals commonly kept as pets in family
households in the United States. Companion animals do not include
horses, food or fiber animal species, or other livestock or poultry
animals.'' Typically, in veterinary medicine, a horse is considered a
companion animal; however, the duties that accredited veterinarians
perform under the regulations governing the interstate movement and
exportation of horses in 9 CFR chapter I are similar to those that
accredited veterinarians perform under the regulations governing the
interstate movement and exportation of livestock. Accordingly, we
believe it is appropriate to require veterinarians who perform
accredited duties with respect to horses to be accredited under
Category II.
Accreditation under Category II would be similar to accreditation
under the current regulations. Under Category II, a veterinarian would
be accredited to issue international animal health certificates, issue
animal health certificates for interstate movement, participate in
disease surveillance (including surveillance for emerging and foreign
animal diseases), perform emergency animal disease management
functions, conduct APHIS Veterinary Services program activities, and
perform other specialized accreditation activities such as herd health
certification work for all animal species.
In Sec. 161.2 of the current regulations, paragraph (d) lists
tasks that applicants for accredited status must be able to perform.
The tasks that a veterinarian accredited under Category II would have
to be able to perform are similar to those currently listed in Sec.
161.2(d). However, we are proposing to make some of the task
descriptions more general; for example, a Category II veterinarian
would be required to be able to perform a necropsy on all animals, not
just on livestock as in the current regulations. We would also update
the language used to describe some of these tasks.
We are proposing to replace one of the tasks in the current
regulations with a new task that Category II veterinarians would have
to be able to perform to be accredited. We would replace ``Plan a
disease control strategy for a livestock unit task'' with ``Develop a
herd or flock health plan.'' ``Herd or flock health plan'' is a term
used elsewhere in 9 CFR chapter I with regard to animal diseases for
which we conduct control or eradication efforts, and its meaning is
more general than ``disease control strategy.'' To clarify what this
new task entails, we would add a definition of herd or flock health
plan to Sec. 160.1. This definition would read: ``A written herd or
flock health management plan, which may include an agreement signed by
the owner of a herd or flock, the accredited veterinarian, and a State
or APHIS representative, in which each participant agrees to undertake
actions specified in the agreement to control a disease or diseases.''
The tasks that accredited veterinarians are required to be able to
perform by the current regulations and
[[Page 31111]]
the tasks that veterinarians would be required to be able to perform to
be accredited under Category I and Category II are compared in Table 2.
Table 2.--Comparison of Current Accredited Veterinarian Tasks With
Proposed Category I and Category II
------------------------------------------------------------------------
Category I in Category II in
Current regulations in Sec. proposed Sec. proposed Sec.
161.2(d) 161.1(d)(i) 161.1(d)(ii)
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Perform physical Perform physical Perform physical
examinations of individual examination of examination of
animals, and visually individual individual animals
inspect herds or flocks, to companion animals and visually
determine whether the to determine inspect herds or
animals are free from any whether they are flocks to determine
clinical signs suggestive free from any whether the animals
of communicable disease. clinical signs are free from any
suggestive of clinical signs
communicable suggestive of
disease. communicable
disease.
Recognize the common breeds Recognize the common Recognize the common
of livestock so as to be breeds of companion breeds of companion
able to record breed animals and animals, the types
information on official accurately record of poultry as
documents. breed information defined by the
on official National Poultry
documents. Improvement Plan in
9 CFR subchapter G,
and the common
breeds of
livestock, and be
able to accurately
record breed
information on
official documents.
Recognize brucellosis .................... Recognize all USDA
tattoos and calfhood animal
vaccination tags, and identification
determine the State of systems.
origin of eartags, to
properly identify animals
in interstate commerce.
Estimate the age of .................... Estimate the age of
livestock using a dental livestock using a
formula. dental formula.
Apply an eartag, tattoo, Apply common animal Apply USDA-
backtag, and legband. identification for recognized
companion animals. identification
(e.g., eartag,
microchip, tattoo)
for the USDA animal
identification
system.
Certify the disease status .................... Certify the health
of a poultry flock with status of a poultry
regard to disease caused by flock regarding
Salmonella enteritidis, diseases of
chlamydiosis, and exotic domestic or
Newcastle disease by international
evaluating records of the regulatory concern,
flock's participation in and evaluate
and testing by Federal and records pertaining
State poultry health to flock testing
programs. and participation
in Federal and
State poultry
health programs and
classifications.
Properly complete Properly complete Properly complete
certificates for domestic certificates for certificates for
and international movement domestic and domestic and
of animals. international international
movement of movement of
companion animals. animals.
Apply and remove official .................... Apply and remove
seals. official seals.
Perform a necropsy on Perform necropsies Perform necropsies
livestock. on companion on animals.
animals.
Recognize clinical signs and Recognize and report Recognize and report
lesions of exotic animal clinical signs and clinical signs and
diseases. lesions of exotic lesions of exotic
animal diseases animal diseases.
that occur in
companion animals.
Plan a disease control .................... Develop a herd or
strategy for a livestock flock health plan.
unit.
Vaccinate for brucellosis Vaccinate companion Vaccinate for USDA
and fill out the animals and program diseases
vaccination certificate. accurately complete and accurately
the vaccination complete the
certificate. vaccination
certificate.
Draw and ship blood for Properly collect and Properly collect and
testing. ship specimen ship sample
samples to specimens to an
appropriate appropriate
laboratory for laboratory for
testing with testing with
complete and complete and
accurate paperwork. accurate paperwork.
Perform a caudal fold test .................... Properly perform
for tuberculosis. testing for
tuberculosis (e.g.,
caudal fold test).
Develop appropriate cleaning Develop appropriate Develop appropriate
and disinfection plans to biosecurity biosecurity
control communicable protocols, as well protocols, as well
livestock disease spread. as cleaning and as cleaning and
disinfection disinfection
protocols, to protocols, to
control control
communicable communicable
disease spread in disease spread.
companion animals.
Explain basic principles for .................... Explain basic
control of diseases for principles for
which APHIS or APHIS-State control of diseases
cooperative programs exist, for which APHIS or
such as brucellosis, APHIS-State
pseudorabies, and cooperative
tuberculosis. programs presently
exist.
------------------------------------------------------------------------
The conditions under which the Administrator could accredit a
veterinarian, presently listed in Sec. 161.2(a)(2), would be moved to
Sec. 161.1(e) under this proposal. We are proposing to make two
changes to these conditions. The regulations currently require that, to
be accredited, a veterinarian must complete an orientation program
approved by the Veterinarian-in-Charge for the State in which the
veterinarian wishes to practice, which includes several topics mandated
by the regulations. To this list of topics, we are proposing to add two
new topics: Foreign animal disease awareness and animal health
emergency management. Adding these topics would ensure that accredited
veterinarians are familiar with these topics, which are becoming
increasingly important as the volume of imported animals and animal
products increases.
The orientation program described above is typically conducted at
veterinary medical schools prior to graduation, meaning that most
veterinarians fulfill the requirement as part of their general
veterinary medical education. The orientation program
[[Page 31112]]
would be all the training that would be required for initial
accreditation under Category I. However, proposed Sec. 161.1(e)(4)
would require that a veterinarian complete five supplemental training
units approved by APHIS before being accredited under Category II. The
supplemental training units we would require would either address
topics that are not covered in the orientation program described above
or provide more specific detail on topics of special current relevance.
This requirement would ensure that a veterinarian seeking initial
accreditation under Category II is fully prepared to perform accredited
duties. We are not proposing a similar requirement for veterinarians
seeking accreditation under Category I because we believe the current
orientation program is adequate to acquaint Category I veterinarians
with their comparatively limited duties. (Supplemental training units
would be part of another new feature we are proposing to add to the
regulations, a process for renewal of accreditation. This part of our
proposal is discussed in detail under the heading ``Renewal of
Accreditation'' below. However, the proposed provision described here
would require pre-accreditation training, rather than pre-renewal
training.)
Proposed Sec. 161.1(f) describes a process by which veterinarians
accredited under Category I would be able to become accredited under
Category II and vice versa. A veterinarian who is accredited under one
category would be able to become accredited under the other category if
the veterinarian reapplies for accreditation, states that he or she can
perform all the tasks which applicants would have to be able to perform
under the new category, and has fulfilled the training requirements
associated with renewal of accreditation under the new category.
Therefore, a Category II veterinarian who did not wish to take all of
the training necessary to retain Category II accreditation could become
a Category I veterinarian by completing only the training necessary for
Category I and continuing to comply with the proposed requirements for
renewal of accreditation.
Finally, we would add in proposed Sec. 161.1(g) a new requirement
that an accredited veterinarian may not perform accredited duties in a
State until after receiving written authorization from APHIS.
Similarly, if a Category I accredited veterinarian completed the
necessary training requirements and became a Category II accredited
veterinarian, the veterinarian would not be allowed to perform Category
II accredited duties in a State until after receiving written
authorization from APHIS. Currently, the regulations do not contain any
provision for a written notification that a veterinarian has been
granted accredited status. Adding this requirement will ensure that
both APHIS and the accredited veterinarian have a record that
accredited status has been granted, or, in the case of veterinarians
newly accredited under Category II, that Category II accredited status
has been granted.
Performing Accredited Duties in Different States
The regulations in current Sec. 161.1(b) and (c) set out the
requirements that must be fulfilled if an accredited veterinarian
wishes to perform accredited duties in a State other than the State for
which the veterinarian has completed an orientation in accordance with
Sec. 161.2(a)(4). We would move these requirements to Sec. 161.2 and
amend the section heading to read ``Performance of accredited duties in
different States'' to reflect this change. Placing the requirements for
performing accredited duties in different States after the requirements
for initial accreditation would reflect the fact that veterinarians
must first be accredited in one specific State before they can apply to
perform accredited duties in other States.
We are proposing to amend the requirements for performing duties in
different States to include a requirement that the accredited
veterinarian may not perform accredited duties in a State other than
the one in which the veterinarian was initially accredited until after
he or she received written authorization from APHIS to perform
accredited duties in the new State. Currently, the regulations do not
contain any provision for a written notification that a veterinarian
has been approved to perform accredited duties in a new State. Adding
this requirement would ensure that the authority of the veterinarian is
properly documented and that both APHIS and the accredited veterinarian
have a record that approval to perform accredited duties in a new State
has been granted.
We would also amend these requirements by referring specifically to
Form 1-36B, ``Application for Veterinary Accreditation in Another
State.'' This would make these regulations consistent with the other
veterinary accreditation regulations, which refer to forms by their
title and form number.
Renewal of Accreditation
Section 161.3 of the regulations currently contains standards for
the performance of accredited veterinarian duties. In this proposal, we
would redesignate Sec. 161.3 as Sec. 161.4 and add a new Sec. 161.3
to set out provisions under which accredited veterinarians would be
required to renew their accreditation every 3 years. Accredited
veterinarians would be required to complete supplemental training as a
condition of renewal. The section heading for proposed Sec. 161.3
would, accordingly, read ``Renewal of accreditation.''
Under the current regulations, after an initial orientation to the
accreditation duties, accredited veterinarians are not required to
complete any additional education to remain accredited. However,
several potential problems have led us to believe that a renewal system
for veterinary accreditation is necessary.
First, accredited veterinarians need to be aware of the most up-to-
date information regarding foreign animal diseases and the risks
associated with them. The diversity of regions from which animals and
animal products are exported means that the international animal
disease profile, including emerging diseases that may be relevant to
accredited veterinary practice within the United States, are
continually changing. The import and export requirements that are
placed on the trade of animals and animal products by countries also
change frequently, and any deficiencies in knowledge of these
requirements on the part of accredited veterinarians could pose a risk.
Because of the potential adverse impact for U.S. entities posed by
foreign animal diseases and emerging diseases, which includes the loss
of significant export markets due to the presence of a foreign animal
disease or an emerging disease in the United States, it is imperative
that our accredited veterinarians possess the latest knowledge on
topics relevant to foreign animal disease prevention and control.
In addition, duties performed by accredited veterinarians in the
United States are typically performed by government-employed
veterinarians in other countries. Some U.S. trading partners have
expressed concern regarding the fact that our veterinary accreditation
program does not require supplemental training. The additional training
associated with renewal of accreditation would, we believe, increase
the rigor of the program and thus address this concern.
Renewing accredited status would also formally indicate that the
accredited veterinarian intends to remain active as an accredited
veterinarian for an additional 3 years and ensures that the renewing
[[Page 31113]]
veterinarian will have completed the requisite training units necessary
to maintain his or her category accreditation. By renewing, the
veterinarian would affirm his or her continued willingness and
availability to, if called upon, perform official accredited duties. In
addition, periodic renewal would also provide an effective means for
APHIS to update accredited veterinarian records, thus maximizing the
accuracy of our database of accredited veterinarians and APHIS' ability
to efficiently run the NVAP. This would be particularly important in
the event of an outbreak of a fast-moving animal disease such as exotic
Newcastle disease, for which accredited veterinarians would need to be
contacted and mobilized as quickly as possible.
The renewal provisions we are proposing would require the
following:
Accredited veterinarians who wish to continue
participating in the NVAP would have to renew their accreditation every
3 years by completing the Application for Renewal of Veterinary
Accreditation form, Form 1-36C, and submitting it to APHIS. (We would
require that renewal forms be submitted to APHIS rather than to the
Veterinarian-in-Charge because, as described above, a veterinarian may
be accredited in several States; requiring submission to APHIS ensures
that accredited veterinarians will only have to submit one renewal
form.)
Accredited veterinarians who wish to renew their
accreditation under Category I would have to complete four supplemental
training units approved by APHIS by the end of their 3-year tenure as
an accredited veterinarian. Accredited veterinarians who wish to renew
their accreditation under Category II would have to complete nine
supplemental training units approved by APHIS by the end of their 3-
year tenure as an accredited veterinarian. The majority of the
supplemental training units would be delivered through the World Wide
Web. (APHIS would also make the training available by mail for those
who lack Internet access. We also anticipate approving some classroom
training conducted at the State level, which could then be used to
fulfill part of the renewal requirement.) The content of the training
units would be regularly updated and revised to ensure that accredited
veterinarians remain informed about current domestic and international
animal disease problems and foreign trade requirements.
Accredited veterinarians who do not complete the required
training within 3 years would have their accredited status expire.
Veterinarians whose accreditation status has expired would not be
allowed to perform accredited duties until they receive notification of
their reinstatement from APHIS. Veterinarians who perform duties that
only accredited veterinarians are authorized to perform while their
accredited status has expired would be subject to such criminal and
civil penalties as are provided by the Animal Health Protection Act (7
U.S.C. 8301-8317) or other applicable Federal statutes or regulations.
To be reinstated, the veterinarian would need to complete the necessary
supplemental training units for the appropriate category and submit the
Application for Veterinary Accreditation Renewal form to APHIS.
A veterinarian who allows his or her accredited status to
expire would have to have completed the required number of supplemental
training units within 3 years of his or her application for renewal in
order to be approved for renewal. Supplemental training units completed
since the veterinarian's last renewal but more than 3 years before the
veterinarian's application for renewal would not count towards his or
her training requirement. This requirement would ensure that a
veterinarian whose accredited status had expired prior to his or her
application for renewal has received current training.
Because the required training program would be administered by
APHIS, we would have a record of completion of training units for every
accredited veterinarian. This record would be used to review
applications for renewal.
As noted earlier, the veterinary accreditation regulations
currently do not contain renewal provisions of any kind. In proposed
Sec. 161.3(d), we would provide that currently accredited
veterinarians may continue to perform accredited duties between the
effective date of the final rule following this proposal and the date
of their first renewal. APHIS would contact currently accredited
veterinarians, by postal mail, fax, or e-mail, to notify them that they
must elect to participate in the NVAP as Category I or Category II
veterinarians. Veterinarians would not be required to complete any
additional training to continue their participation in the NVAP, but
they would be required to notify APHIS that they elect to participate
within 3 months of this notification; otherwise, their accreditation
would expire. After APHIS receives notice from a currently accredited
veterinarian that he or she elects to continue to participate in the
program as a Category I or Category II veterinarian, APHIS would notify
the veterinarian of his or her initial renewal date. The accredited
veterinarian would then have to complete all the training requirements
for renewal by the initial renewal date.
We would contact currently accredited veterinarians over a period
of time to determine whether they wish to continue participating in the
NVAP. We anticipate that we would issue three batches of notifications,
approximately one year apart, to three equal-sized groups of currently
accredited veterinarians; the first batch of notifications would be
issued soon after the effective date of a final rule following this
proposal. We are requesting comments and suggestions from the public on
approaches to dividing currently accredited veterinarians into groups
for the initial notification and renewal process.
We acknowledge that spreading the notifications out over a period
of time would result in some veterinarians not having to fulfill the
training requirements for renewal of accreditation for 5 years after
the effective date of a final rule following this proposal. Ideally, we
would be able to process renewals and provide training for all
currently accredited veterinarians within 3 years of the effective date
of such a final rule. However, there are about 66,000 veterinarians who
are accredited under the current regulations. Setting the initial
renewal dates for all these veterinarians at 3 years after the
effective date of the final rule following this proposal would result
in an unmanageable load on the information technology infrastructure
used to provide renewal training and process the renewals. Such a
renewal plan would also not give us time to find out how to contact
accredited veterinarians for whom we lack current contact information
and determine whether they wish to continue to participate in the NVAP
as Category I or Category II veterinarians. By sending out the election
forms and setting initial renewal dates for currently accredited
veterinarians across a period of time, we would ensure that the renewal
process functions as smoothly as possible for currently accredited
veterinarians.
After the initial renewal date, currently accredited veterinarians
would have to renew their accreditation every 3 years, in accordance
with the previously described provisions of this proposal.
Accreditation Specializations
The regulations currently allow accredited veterinarians to perform
all types of accreditation activities on all
[[Page 31114]]
species. Certain APHIS disease programs have additional training
requirements that accredited veterinarians must fulfill in order to
perform certain activities, because performing these activities
requires specialized technical knowledge. These training programs are
known as accreditation specialization programs. Currently, APHIS is
developing accreditation specialization programs for herd certification
in the trichinae program for swine and for testing in the tuberculosis
program for cervidae and in the scrapie program for ovines. When such
programs are established, the NVAP would document which accredited
veterinarians have earned accreditation specializations and, if renewal
requirements exist, when renewal is due. However, the NVAP regulations
presently do not explicitly provide requirements for accreditation
specializations.
Therefore, we are proposing to add a new section in Sec. 161.5
with the heading ``Accreditation specializations,'' which would provide
general requirements for the voluntary qualification of accredited
veterinarians in areas of special interest. Participants in these
accreditation specialization programs would be qualified in a
particular area or specialty. Accreditation specializations would be
developed by APHIS as needed to help protect U.S. agriculture, decrease
the risk of the introduction and spread of animal disease, and increase
the health and welfare of U.S. animals and animal products. In addition
to those mentioned above, APHIS may consider developing accreditation
specializations for topics like aquaculture and emergency management.
An accreditation specialization recognized by the Administrator
would be granted to a veterinarian accredited under Category II upon
completion of an additional orientation or training program approved by
APHIS that focuses on the specific area of specialization for which the
veterinarian is seeking accreditation specialization. (Veterinarians
accredited under Category I would not be eligible to earn accreditation
specializations.) In addition to Category II training, qualification
for an accredited specialization would include additional specialized
training, which may include periodic training updates. For certain
accreditation specializations, the cost of orientation or training may
be borne by the accredited veterinarian. An accredited veterinarian
granted an accreditation specialization would be referred to as a
qualified accredited veterinarian, or QAV. A QAV would be authorized to
perform those accredited duties related to the specialization he or she
has earned; Category II accredited veterinarians not granted accredited
specializations would not be permitted to perform the specified
accredited duties related to that particular specialization.
If a veterinarian is qualified for an accreditation specialization
but allows his or her Category II accreditation to expire, the
veterinarian's accreditation specialization would expire as well, and
the QAV would have to become qualified for the accreditation
specialization again in accordance with the proposed requirements.
However, depending on the requirements of the accreditation
specialization, a QAV may not be required to complete any training
other than that required to renew the Category II accreditation in
order to maintain his or her accreditation specialization. As mentioned
previously, APHIS would require training updates as needed in order to
maintain the accreditation specialization, but the required training
updates would vary depending on the needs of the disease program for
which the accreditation specialization was required.
Suspension or Revocation of Veterinary Accreditation
The regulations in Sec. 161.4 provide for the suspension or
revocation of veterinary accreditation as well as civil and criminal
penalties. We are proposing to move current Sec. 161.4 into a new
section Sec. 161.6, as shown in the derivation table above. In
addition, we are proposing to move paragraphs (b) and (c) of Sec.
161.2 into proposed Sec. 161.6. Those paragraphs deal with
reaccreditation after accreditation has been revoked and reinstatement
of accreditation after suspension, respectively, and we believe it
would be better to have all the information relating to these subjects
in a separate section. To accommodate these changes, we would revise
the current section heading of Sec. 161.4 in proposed Sec. 161.6 to
read ``Suspension or revocation of veterinary accreditation and
reaccreditation; criminal and civil penalties.''
We are proposing to make some changes to the current language in
Sec. 161.4(a) as part of moving it to Sec. 161.6(a). The regulations
currently state that the Administrator is authorized to suspend for a
given period of time, or to revoke, the accreditation of a veterinarian
when he or she determines that the accredited veterinarian has not
complied with the ``Standards for Accredited Veterinarian Duties'' as
set forth in Sec. 161.3. We would update this citation to refer to
Sec. 161.4, which is where we are proposing to move those standards.
We would further add that the Administrator is authorized to suspend or
revoke accreditation if a veterinarian does not comply with the
regulations in 9 CFR part I, subchapter J, or is otherwise found to be
unfit to be accredited. This change would expand the circumstances for
which we can suspend or revoke accreditation.
In addition, the regulations currently do not explicitly indicate
that accredited veterinarians may not perform accredited duties while
their accredited status has been suspended or revoked. We would add a
sentence to the end of paragraph (a) to read as follows:
``Veterinarians who perform duties that only accredited veterinarians
are authorized to perform while their accredited status is suspended or
revoked will be subject to such criminal and civil penalties as are
provided by the Animal Health Protection Act (7 U.S.C. 8301-8317) or
other applicable Federal statutes.'' This sentence would enhance the
integrity and clarity of the regulations. We would further indicate
that performing accredited duties while accreditation status is
suspended or revoked would be considered grounds for the Administrator
to suspend accreditation, revoke accreditation, or deny application for
reaccreditation as circumstances warrant.
We would also add a sentence indicating that a veterinarian whose
accredited status has been suspended or revoked may request a hearing
under Sec. 162.13 to challenge the Administrator's decision. Such
veterinarians have always had the option to request a hearing under
Sec. 162.13; we believe that explicitly indicating that the option is
available would improve clarity of the regulations and the process
itself.
Finally, Sec. 161.4(a) currently indicates that the Administrator
may issue a written notice of warning to an accredited veterinarian
when the Administrator determines a notice of warning will be adequate
to attain compliance with the standards for accredited veterinarians.
As part of moving this paragraph to proposed Sec. 161.6, we would move
this statement to a new paragraph (g) at the end of the section.
Because the rest of proposed Sec. 161.6 only discusses suspension and
revocation of accredited status, it could be confusing to mention
written notices of warning in the first paragraph of the section.
We are also proposing to change the current language in Sec.
161.2(b) as part of
[[Page 31115]]
moving it to Sec. 161.6(c). Paragraph Sec. 161.2(b) describes the
process by which a veterinarian whose accreditation has been revoked
may apply for reaccreditation. The introductory text in Sec. 161.2(b)
currently states that a veterinarian whose accreditation has been
revoked may apply for reaccreditation when the revocation has been in
effect for 2 years. We would add a provision stating that the
revocation order may specify that the veterinarian whose accreditation
has been revoked may not submit an application for reaccreditation
until the revocation has been in effect for a specific period of time
longer than 2 years. For some veterinarians whose accreditation is
revoked, it may be appropriate to specify a period longer than 2 years
until they can apply for reaccreditation, depending on the
circumstances that led us to revoke accreditation.
Paragraph Sec. 161.2(b)(2)(iii)(A) states that, when judging the
professional integrity and reputation of the applicant for
reaccreditation, the Administrator shall consider any criminal
conviction records adversely reflecting on the honesty or integrity of
the applicant with regard to the performance or nonperformance of
veterinary medical duties. As part of moving this paragraph to Sec.
161.6(c)(2)(iii)(A), we are proposing to revise the paragraph to state
that the Administrator would consider any criminal conviction records
indicating that the applicant may lack the honesty, integrity, and
reliability to appropriately and effectively perform accredited duties
and to uphold the integrity of the NVAP. We believe it is important for
the Administrator to be able to consider any criminal records relating
to the honesty, integrity, and reliability of a veterinarian applying
for reaccreditation as they relate to performing accredited duties and
upholding the integrity of the NVAP. We would also add honesty and
reliability as criteria to be evaluated in proposed Sec.
161.6(b)(2)(iii)(C), which discusses judicial determinations in civil
litigation, and in proposed Sec. 161.6(b)(2)(iii)(D), which allows the
Administrator to consider any other relevant evidence.
Paragraph Sec. 161.2(b) does not presently explain what happens
after the Administrator reaches a decision on whether to reaccredit a
veterinarian whose accreditation has been revoked. In proposed Sec.
161.6(c), we would add two new paragraphs to explicitly state the
possible outcomes. Proposed paragraph (c)(3)(i) would state that if the
Administrator reaccredits a veterinarian under paragraph (c)(2), the
veterinarian may begin performing accredited duties again upon receipt
of notification from the Administrator that he or she is eligible to do
so. Proposed paragraph (c)(3)(ii) would state that if the Administrator
determines that an application for reaccreditation should be denied,
the veterinarian may apply for reaccreditation in accordance with
proposed Sec. 161.6(c) not less than 2 years after the Administrator
last denied an application by the veterinarian for reinstatement,
unless the Administrator's decision specifies that the veterinarian
whose accreditation has been revoked may not reapply for
reaccreditation until a specific period of time longer than 2 years has
passed. We are also proposing to amend the introductory text of
proposed paragraph (c)(2) to indicate that the Administrator may either
approve or deny an application for reaccreditation.
Activities Performed by Non-Accredited Veterinarians
We are proposing to add a new section 161.7 that would describe the
accredited duties that may be performed by veterinarians who are not
federally accredited.
Full-time Federal (including military) and State employed
veterinarians would be authorized to perform Category II accredited
duties, pursuant to delegation of authority by the Administrator or
cooperative agreements, without specific accreditation under the
provisions of the regulations. However, in order to perform duties for
which an accreditation specialization is required, they would need to
be qualified under proposed Sec. 161.5.
Except for Full-time Federal (including military) and
State employed veterinarians, however, veterinarians who are not
federally accredited and who attempt to perform accredited duties would
be subject to such criminal and civil penalties as are provided by the
Animal Health Protection Act (7 U.S.C. 8301-8317) or other applicable
Federal statutes or regulations.
Currently, Federal (including military) and State veterinarians are
authorized to perform accredited duties pursuant to delegation of
authority by the Administrator without specific accreditation under the
provisions of the regulations. This authorization is contained in a
footnote to the definition of accredited veterinarian in Sec. 160.1.
We would remove this footnote. We believe that the placement of the
authorization for Federal (including military) and State veterinarians
to perform Category II accredited duties under certain conditions in
the body of the regulations would be more appropriate.
The current regulations do not explicitly prohibit veterinarians
who are not accredited from performing accredited duties. Such a
prohibition is fundamental to the integrity of the NVAP. Making such a
prohibition explicit in the regulations is essential to ensure that
only properly accredited veterinarians perform accredited duties and to
make the NVAP more robust.
We would also include a provision that performing accredited duties
without having been accredited would be considered grounds for the
Administrator to deny an application for accreditation. This provision
is also fundamental to the integrity of the NVAP, and we believe the
regulations should make explicit that such information will be taken
into account when evaluating applications for reaccreditation.
Integrity of Accreditation Program as Reason for Summary Suspension
The regulations in Sec. 162.10 set out, in part, the circumstances
under which the Administrator may summarily suspend the accreditation
of veterinarians. Currently, that section states that the Administrator
may take such action if he or she deems it necessary in order to
prevent the introduction into the United States or the spread from one
State to another of a contagious, infectious, or communicable disease
of animals or to ensure that animals intended or offered for export to
foreign countries are free from disease. We are proposing to amend
Sec. 162.10 to provide that the Administrator may also consider the
integrity of the NVAP in determining whether to impose a summary
suspension. We would include this additional consideration because any
threat to the integrity of the NVAP would jeopardize the activities of
the National Animal Health Program. In addition, as mentioned above,
the credibility of the United States as an international trading
partner depends on the integrity of our accreditation program, as the
United States uses private veterinarians accredited by APHIS rather
than Federal or State veterinarians to accomplish many important and
significant tasks; any threat to the integrity of the NVAP could have
serious consequences including, for example, the loss of foreign
markets for animals and animal products. We would also make minor edits
to this paragraph to indicate that the type of suspension it refers to
is summary suspension and to update the language.
Finally, we are proposing to amend Sec. 162.12, which addresses
informal conferences held regarding revocation or suspension of
accreditation, by
[[Page 31116]]
reordering paragraphs (b), (c), and (d) of that section. Specifically,
we would redesignate paragraph (b) as paragraph (c), paragraph (c) as
paragraph (d), and paragraph (d) as paragraph (b). The text of those
paragraphs would not change. We believe that reordering those three
paragraphs would increase the clarity of the regulations in Sec.
162.12 by presenting the information in a more logical order.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The 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.
Authority for the Secretary of Agriculture to create a veterinary
accreditation program is provided in the Animal Health Protection Act
(7 U.S.C. 8309). Participation by private veterinarians in the NVAP is
voluntary. However, accredited veterinarians participating in the NVAP
must carry out their duties in compliance with the regulations in 9 CFR
part 161 and in compliance with all other regulations issued under the
Animal Health Protection Act.
APHIS is proposing to establish two accreditation categories
(Category I and Category II) in place of the current single category,
to add requirements for supplemental training and renewal of
accreditation every 3 years, and to provide for accreditation
specializations.
Category I accreditation would require the completion of four
supplemental training units in order to renew accreditation and would
allow the veterinarians who choose it to perform accredited duties only
for companion animals (i.e., animals that are not food animals, horses,
or livestock). Category II accreditation, however, would require the
completion of five supplemental training units prior to accreditation
and the completion of nine supplemental training units every 3 years in
order to renew accreditation; veterinarians who select it would be able
to perform the full spectrum of accredited duties that do not require
an accreditation specialization. For both categories, the majority of
the supplemental training would be delivered through the World Wide
Web, with no charge to the participating veterinarians. The Internet-
based training would eliminate the need for additional costs for travel
and accommodations for these veterinarians taking the training. We also
anticipate approving some classroom training conducted at the State
level, which could then be used to fulfill part of the renewal
requirement. Thus, there would be no additional costs associated with
the new aspects of the NVAP apart from the time spent taking the
training.
The accreditation specialization component that APHIS is proposing
for the NVAP could involve some cost to the accredited veterinarians
who choose to voluntarily participate in these specializations.
The primary cost of changes to the program would be the new
training requirements, and these costs would be borne primarily by
APHIS. If an accredited veterinarian wanted to be qualified in an
accreditation specialization, some costs may be borne by the accredited
veterinarian.
Impact on Small Entities
The Regulatory Flexibility Act requires that agencies consider the
economic effects of their rules on small entities. According to the
Small Business Administration's (SBA's) Office of Advocacy, regulations
create economic disparities based on size when they have a significant
economic impact on a substantial number of small entities.
This action would change a continuing program. Entities that would
be affected as a result of the proposed changes in the regulations
would be the participating veterinarians who enter into the new NVAP
program. Under the North American Industrial Classification System
(NAICS), Veterinary Services (NAICS 541940) is included under the
Professional, Scientific and Technical Services subsector.
The veterinary services industry comprises establishments of
licensed veterinary practitioners primarily engaged in the practice of
veterinary medicine, dentistry, or surgery for animals (i.e., animal
hospitals, veterinary clinics, and veterinarians' offices); and
establishments primarily engaged in providing testing services for
licensed veterinary practitioners (i.e., veterinary testing
laboratories). Veterinary services entities that have less than $5
million in annual revenues are considered small according to the SBA's
standards.
The number of U.S. veterinary establishments was reported to be
24,510 in 2000; they employed 219,868 people with an annual payroll of
$4.82 billion (2000 County Business Patterns, NAICS, U.S. Economic
Census 2000).
We do not know how many of these establishments are considered
small entities under the SBA's standards. However, the proposed changes
are not expected to have any significant economic effect on any of
these 24,510 establishments whether they are small or large, since the
vast majority of program costs will be borne by the Agency.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
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 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed 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.
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 or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0093. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0093, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best
assured of having its full effect if OMB receives it within 30 days of
publication of this proposed rule.
This proposed rule would amend the regulations to establish two
accreditation categories in place of the current single category, to
require accredited veterinarians to complete supplemental training
units, to require accredited veterinarians to receive written approval
from APHIS prior to performing accredited duties in a
[[Page 31117]]
different State, and to require renewal of accreditation every 3 years.
These proposed changes would increase the level of training and skill
of accredited veterinarians in the areas of disease surveillance,
disease prevention, and preparedness for animal health emergencies in
the United States.
Enhancing the NVAP in this way will necessitate revisions to the
Application for Veterinary Accreditation, as well as the introduction
of two additional forms: An Application to Perform Accredited Duties in
Another State, and an Application for Renewal of Accreditation.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 30 minutes per response.
Respondents: Accredited veterinarians and veterinarians applying
for accredited status.
Estimated annual number of respondents: 30,000.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 30,000.
Estimated total annual burden on respondents: 15,000 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
Lists of Subjects
9 CFR Part 160
Veterinarians.
9 CFR Part 161
Reporting and recordkeeping requirements, Veterinarians.
9 CFR Part 162
Administrative practice and procedures, veterinarians.
Accordingly, we propose to amend 9 CFR parts 160, 161, and 162 as
follows:
PART 160--DEFINITION OF TERMS
1. The authority citation for part 160 would continue 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.
2. In Sec. 160.1, the definition of accredited veterinarian would
be amended by removing footnote 1 and definitions of companion animals
and herd or flock health plan would be added in alphabetical order, to
read as set forth below.
Sec. 160.1 Definitions.
* * * * *
Companion animals. Animals commonly kept as pets in family
households in the United States. Companion animals do not include
horses, food or fiber animal species, or other livestock or poultry
animals.
* * * * *
Herd or flock health plan. A written herd or flock health
management plan, which may include an agreement signed by the owner of
a herd or flock, the accredited veterinarian, and a State or APHIS
representative, in which each participant agrees to undertake actions
specified in the agreement to control a disease or diseases.
* * * * *
PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION
3. The authority citation for part 161 would continue 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.
4. Section 161.1 would be amended by revising the section heading
and paragraphs (b) and (c) and adding paragraphs (d), (e), (f), and (g)
to read as follows:
Sec. 161.1 Statement of purpose; requirements and application
procedures for accreditation.
* * * * *
(b) Application for initial accreditation. A veterinarian may apply
for accreditation by completing an application for accreditation on
Form 1-36A, ``Application for Veterinary Accreditation,'' including
certification that the applicant is able to perform the tasks listed in
either paragraph (d)(1) or (d)(2) of this section, and submitting it to
the Veterinarian-in-Charge in the State where he or she wishes to
perform accredited duties. In completing the application, the
veterinarian will choose one of the accreditation activity categories,
either Category I or Category II. Under Category I, a veterinarian will
be accredited to participate in disease surveillance (including
surveillance for emerging and foreign animal diseases) and issue
international health certificates and domestic certificates for
interstate movement for companion animals. Under Category II, a
veterinarian will be accredited to issue international animal health
certificates, issue animal health certificates for interstate movement,
participate in emerging and foreign animal disease surveillance,
perform emergency animal disease management functions, conduct APHIS
Veterinary Services program activities, and perform other specialized
accreditation activities such as herd health certification work. An
accredited veterinarian must not perform duties requiring an
accreditation specialization unless he or she is accredited under
Category II and qualified to perform such duties in accordance with
Sec. 161.5 of this part.
(c) Review of application. Completed Forms 1-36A received by a
Veterinarian-in-Charge shall be forwarded to the State Animal Health
Official for the State in which the veterinarian wishes to perform
accredited duties for approval. Within 14 days after receiving an
application, a State Animal Health Official shall either
[[Page 31118]]
endorse the application or send a written statement to the
Administrator explaining why it was not endorsed; but if the State
Animal Health Official fails to take one of these actions within 14
days, the Veterinarian-in-Charge shall proceed to review the
application. The Administrator will review the application and the
written statement, if any, and determine whether the applicant meets
the requirements for accreditation contained in this part.
(d) Tasks which applicants for accredited status must be able to
perform. Applicants for accredited status must be able to:
(1) Category I. (i) Perform physical examination of individual
companion animals to determine whether they are free from any clinical
signs suggestive of communicable disease.
(ii) Recognize the common breeds of companion animals and
accurately record breed information on official documents.
(iii) Apply common animal identification for companion animals.
(iv) Properly complete certificates for domestic and international
movement of companion animals.
(v) Perform necropsies on companion animals.
(vi) Recognize and report clinical signs and lesions of exotic
animal diseases that occur in companion animals.
(vii) Vaccinate companion animals and accurately complete the
vaccination certificate.
(viii) Properly collect and ship specimen samples to appropriate
laboratory for testing with complete and accurate paperwork.
(ix) Develop appropriate biosecurity protocols, as well as cleaning
and disinfection protocols, to control communicable disease spread in
companion animals.
(2) Category II. (i) Perform physical examination of individual
animals and visually inspect herds or flocks to determine whether the
animals are free from any clinical signs suggestive of communicable
disease.
(ii) Recognize the common breeds of companion animals, the types of
poultry as defined by the National Poultry Improvement Plan in
subchapter G of this chapter, and the common breeds of livestock, and
be able to accurately record breed information on official documents.
(iii) Recognize all USDA animal identification systems.
(iv) Estimate the age of livestock using a dental formula.
(v) Apply USDA-recognized identification (e.g., eartag, microchip,
tattoo) for the USDA animal identification system.
(vi) Certify the health status of a poultry flock regarding
diseases of domestic or international regulatory concern, and evaluate
records pertaining to flock testing and participation in Federal and
State poultry health programs and classifications.
(vii) Properly complete certificates for domestic and international
movement of animals.
(viii) Apply and remove official seals.
(ix) Perform necropsies on animals.
(x) Recognize and report clinical signs and lesions of exotic
animal diseases.
(xi) Develop a herd or flock health plan.
(xii) Vaccinate for USDA program diseases and accurately complete
the vaccination certificate.
(xiii) Properly collect and ship sample specimens to an appropriate
laboratory for testing with complete and accurate paperwork.
(xiv) Properly perform testing for tuberculosis (e.g., caudal fold
test).
(xv) Develop appropriate biosecurity protocols, as well as cleaning
and disinfection protocols, to control communicable disease spread.
(xvi) Explain basic principles for control of diseases for which
APHIS or APHIS-State cooperative programs presently exist.
(e) Accreditation requirements. The Administrator is hereby
authorized to accredit a veterinarian when he or she determines that:
(1) The veterinarian is a graduate with a Doctorate of Veterinary
Medicine or an equivalent degree (any degree that qualifies the holder
to be licensed by a State to practice veterinary medicine) from a
college of veterinary medicine;
(2) The veterinarian is licensed or legally able to practice
veterinary medicine in the State in which the veterinarian wishes to
perform accredited duties. APHIS will confirm the licensing status of
the applicant by contacting the State board of veterinary medical
examiners or any similar State organization that maintains records of
veterinarians licensed in a State; and
(3) The veterinarian has completed an orientation program approved
by the Veterinarian-in-Charge for the State in which the veterinarian
wishes to practice, and upon completion of the orientation, has signed
a written statement listing the date and place of orientation, the
subjects covered in the orientation, and any written materials provided
to the veterinarian at the orientation. The Veterinarian-in-Charge
shall also give the State Animal Health Official an opportunity to
review the contents of the orientation, and invite him or her to
participate in developing orientation materials and conducting the
orientation. The core orientation program shall include the following
topics:
(i) Federal animal health laws, regulations, and rules;
(ii) Interstate movement requirements for animals;
(iii) Import and export requirements for animals;
(iv) USDA animal disease eradication and control programs;
(v) Laboratory support in confirming disease diagnoses;
(vi) Ethical and professional responsibilities of an accredited
veterinarian;
(vii) Foreign animal disease awareness;
(viii) Animal health emergency management; and
(ix) Animal health procedures, issues, and information resources
relevant to the State in which the veterinarian wishes to perform
accredited duties.
(4) If seeking initial accreditation under Category II, the
veterinarian has completed five supplemental training units approved by
APHIS in addition to the core orientation.
(f) Change in accreditation category. A veterinarian who is
accredited under Category I may become accredited under Category II if
the veterinarian applies for accreditation under Category II in
accordance with the requirements of this section and has fulfilled the
training requirements in Sec. 161.3 that are associated with renewal
of accreditation under Category II. A veterinarian who is accredited
under Category II may become accredited under Category I if the
veterinarian applies for accreditation under Category I in accordance
with the requirements of this section and has fulfilled the training
requirements in Sec. 161.3 that are associated with renewal of
accreditation under Category I.
(g) Authorization to perform duties. An accredited veterinarian may
not perform accredited duties in a State until after receiving written
authorization from APHIS. If a Category I accredited veterinarian
completes the necessary training requirements and becomes a Category II
accredited veterinarian, the veterinarian may not perform Category II
accredited duties in a State until after receiving written
authorization from APHIS.
5. Section 161.2 would be revised to read as follows:
Sec. 161.2 Performance of accredited duties in different States.
(a) If an accredited veterinarian wishes to perform accredited
duties in
[[Page 31119]]
a State other than the State in which the veterinarian was initially
accredited in accordance with Sec. 161.1(e), the accredited
veterinarian must complete Form 1-36B, ``Application for Veterinary
Accreditation in Another State,'' to request authorization to perform
accredited duties in the new State from the Veterinarian-in-Charge of
that State. The Veterinarian-in-Charge of the new State may require the
accredited veterinarian to complete, prior to performing any accredited
duties in the new State, an orientation in animal health procedures and
issues relevant to the new State. The Veterinarian-in-Charge shall
review the content of each such orientation and shall approve its use
after determining that it includes adequate information about animal
health agencies, regulatory requirements, administrative procedures,
and animal disease issues in the new State, to prepare an accredited
veterinarian from another State to perform accredited duties in the new
State. The Veterinarian-in-Charge shall also give the State Animal
Health Official of the new State an opportunity to review the contents
of the orientation, and invite him or her to participate in developing
orientation materials and conducting the orientation.
(b) An accredited veterinarian may not perform accredited duties in
a State in which the accredited veterinarian is not licensed or legally
able to practice veterinary medicine.
(c) An accredited veterinarian may not perform accredited duties in
a State other than the one in which the veterinarian was initially
accredited until after receiving written authorization from APHIS to
perform accredited duties in the new State.
Sec. Sec. 161.3 and 161.4 [Redesignated]
6. Section 161.4 would be redesignated as Sec. 161.6 and Sec.
161.3 would be redesignated as Sec. 161.4.
7. A new Sec. 161.3 would be added to read as follows:
Sec. 161.3 Renewal of accreditation.
(a) Accredited veterinarians who wish to continue participating in
the National Veterinary Accreditation Program must renew their
accreditation every 3 years by completing an application for
accreditation renewal on Form 1-36C, ``Application for Renewal of
Veterinary Accreditation,'' and submitting it to APHIS.
(b) Accredited veterinarians who wish to renew their accreditation
under Category I must complete four supplemental training units
approved by APHIS by the end of their 3-year tenure as an accredited
veterinarian. Accredited veterinarians who wish to renew their
accreditation under Category II must complete nine supplemental
training units approved by APHIS by the end of their 3-year tenure as
an accredited veterinarian.
(c) Accredited veterinarians who do not complete the required
training within 3 years as specified in paragraph (a) of this section
will have their accredited status expire. Veterinarians whose
accreditation has expired will not be allowed to perform accredited
duties until they receive notification of their reinstatement from
APHIS. Veterinarians who perform duties that only accredited
veterinarians are authorized to perform while their accredited status
has expired will be subject to such criminal and civil penalties as are
provided by the Animal Health Protection Act (7 U.S.C. 8301-8317) or
other applicable Federal statutes or regulations. To be reinstated, the
veterinarian must complete the necessary supplemental training units
for the appropriate category and submit Form 1-36C, ``Application for
Renewal of Veterinary Accreditation,'' to APHIS. A veterinarian who
allows his or her accredited status to expire must have completed the
required number of supplemental training units within 3 years of his or
her application for renewal in order to be approved for renewal.
Supplemental training units completed since the veterinarian's last
renewal but more than 3 years before the veterinarian's application for
renewal will not count towards his or her training requirement.
(d) Veterinarians who are accredited as of [effective date of final
rule] may continue to perform accredited duties between [effective date
of final rule] and the date of their first renewal. APHIS will contact
accredited veterinarians who are accredited as of [effective date of
final rule] to notify them that they must elect to participate in the
NVAP as a Category I or Category II veterinarian. Veterinarians must
elect to continue to participate within three months of this
notification, or their accredited status will expire. When APHIS
receives notice from an accredited veterinarian that he or she elects
to participate, APHIS will notify the accredited veterinarian of his or
her initial renewal date. The accredited veterinarian must then
complete all the training requirements for renewal, as described in
this section, by the initial renewal date. After initial renewal,
veterinarians who are accredited as of [effective date of final rule]
must renew their accreditation every 3 years in accordance with the
requirements of this section.
8. A new Sec. 161.5 would be added to read as follows:
Sec. 161.5 Accreditation specializations.
An accreditation specialization recognized by the Administrator may
be granted to an accredited veterinarian in Category II upon completion
of an additional orientation or training program approved by APHIS that
focuses on the specific area of specialization for which the
veterinarian is seeking accreditation specialization. Veterinarians
accredited under Category I are not eligible to earn accreditation
specializations. Accredited veterinarians may elect to participate in
an accreditation specialization program on a voluntary basis.
Participants in these accreditation specialization programs will be
qualified in a particular area or specialty. In addition to Category II
training, qualification for an accredited specialization will include
additional specialized training, which may include periodic training
updates. For certain accredited specializations, the cost of
orientation or training may be borne by the accredited veterinarian. An
accredited veterinarian granted an accreditation specialization will be
referred to as a qualified accredited veterinarian or QAV. A QAV will
be authorized to perform those accredited duties related to the
specialization he or she has earned; accredited veterinarians not
granted accredited specializations will not be permitted to perform
accredited duties related to that particular specialization. If a QAV
allows his or her Category II accreditation to expire, the QAV's
accreditation specialization expires as well, and the QAV must be
qualified for the accreditation specialization again in accordance with
this section.
9. Newly redesignated Sec. 161.6 would be amended as follows:
a. The section heading would be revised to read as set forth below.
b. Paragraph (a) would be revised to read as set forth below.
c. Paragraphs (b), (c), and (d) would be redesignated as paragraphs
(d), (e), and (f), respectively.
d. New paragraphs (b), (c), and (g) would be added to read as set
forth below.
Sec. 161.6 Suspension or revocation of veterinary accreditation and
reaccreditation; criminal and civil penalties.
(a) The Administrator is authorized to suspend for a given period
of time, or to revoke, the accreditation of a veterinarian when he or
she determines that the accredited veterinarian has not complied with
the ``Standards for Accredited Veterinarian Duties'' as set
[[Page 31120]]
forth in Sec. 161.4 of this part or with any of the other regulations
in this subchapter, or is otherwise found to be unfit to be accredited.
Veterinarians who perform duties that only accredited veterinarians are
authorized to perform while their accredited status is suspended or
revoked will be subject to such criminal and civil penalties as are
provided by the Animal Health Protection Act (7 U.S.C. 8301-8317) or
other applicable Federal statutes or regulations. Performing accredited
duties while accreditation status is suspended or revoked will be
considered grounds for the Administrator to suspend accreditation,
revoke accreditation, or deny application for reaccreditation as
circumstances warrant. A veterinarian whose accreditation has been
suspended or revoked or whose application for reaccreditation has been
denied may request a hearing under Sec. 162.13 to challenge the
Administrator's decision.
(b) Reinstatement after suspension. A veterinarian whose
accreditation has been suspended for less than 6 months (other than a
summary suspension that is changed to a revocation as a result of an
adjudicatory proceeding) will be automatically reinstated as an
accredited veterinarian upon completion of the suspension. A
veterinarian whose accreditation has been suspended for 6 months or
more must complete a reaccreditation orientation program in accordance
with paragraph (c)(2)(ii) of this section before accreditation will be
reinstated.
(c) Reaccreditation after revocation. A veterinarian whose
accreditation has been revoked may apply for reaccreditation by
completing an application for reaccreditation on Form 1-36A,
``Application for Veterinary Accreditation,'' and submitting it to the
Veterinarian-in-Charge of the State or area where he or she wishes to
perform accredited work. The application may be submitted when the
revocation has been in effect for not less than 2 years, unless the
revocation order specifies that the veterinarian whose accreditation
has been revoked may not submit an application for reaccreditation
until the revocation has been in effect for a period of time longer
than 2 years.
(1) Completed Forms 1-36A for reaccreditation received by a
Veterinarian-in-Charge shall be reviewed by the State Animal Health
Official for the State in which the veterinarian wishes to perform
accredited duties. Within 14 days after receiving an application, the
State Animal Health Official shall either endorse the application or
send a written statement to the Administrator explaining why it was not
endorsed; but if the State Animal Health Official fails to take one of
these actions within 14 days, the Veterinarian-in-Charge shall proceed
to review the application. The Administrator will review the
application and the written statement, if any, and determine whether
the applicant meets the requirements for reaccreditation contained in
this part.
(2) Once a veterinarian whose accreditation has been revoked has
correctly applied for reaccreditation in accordance with the
requirements of paragraph (c) of this section, the Administrator will
determine whether to reaccredit or to deny reaccreditation. This
determination will be based on whether the veterinarian has fulfilled
the following conditions:
(i) The veterinarian is licensed or legally able to practice
veterinary medicine in the State in which the veterinarian wishes to
perform accredited duties;
(ii) The veterinarian has completed a reaccreditation orientation
program approved by the Veterinarian-in-Charge for the State in which
the veterinarian wishes to perform accredited work, and upon completion
of the orientation, has signed a written statement listing the date and
place of orientation, the subjects covered in the orientation, and any
written materials provided to the veterinarian at the orientation. The
Veterinarian-in-Charge shall also give the State Animal Health Official
an opportunity to review the contents of the reaccreditation
orientation, and invite him or her to participate in developing
orientation materials and conducting the orientation. The orientation
program shall include topics addressing the subject areas which led to
loss of accreditation for the applicant, and subject areas which have
changed since the applicant lost accreditation; and
(iii) The professional integrity and reputation of the applicant
support a conclusion that the applicant will faithfully fulfill the
duties of an accredited veterinarian in the future. In making this
conclusion, the Administrator shall review all available information
about the applicant, including recommendations of the State Animal
Health Official, and shall consider:
(A) Any criminal conviction records indicating that the applicant
may lack the honesty, integrity, and reliability to appropriately and
effectively perform accredited duties and to uphold the integrity of
the National Veterinary Accreditation Program;
(B) Official records of the applicant's actions participating in
Federal, State, or local veterinary programs;
(C) Judicial determinations in civil litigation adversely
reflecting on the honesty, integrity, and reliability of the applicant;
and
(D) Any other evidence reflecting on the honesty, professional
integrity, reliability and reputation of the applicant.
(3)(i) If a veterinarian is reaccredited under paragraph (c)(2) of
this section, the veterinarian may begin performing accredited duties
again upon receipt of notification from the Administrator that he or
she is eligible to do so.
(ii) If an application for reaccreditation is denied under
paragraph (c)(2) of this section, the veterinarian may apply for
reaccreditation in accordance with this paragraph (c) not less than 2
years after the application was last denied, unless the decision
specifies that the veterinarian may not reapply for reaccreditation
until a period of time longer than 2 years has passed.
* * * * *
(g) Notice of warning. In lieu of suspension or revocation, the
Administrator is authorized to issue a written notice of warning to an
accredited veterinarian when the Administrator determines a notice of
warning will be adequate to attain compliance with the Standards for
Accredited Veterinarian Duties in Sec. 161.4 of this part.
* * * * *
10. A new Sec. 161.7 would be added to read as follows:
Sec. 161.7 Activities performed by non-accredited veterinarians.
(a) Full-time Federal (including military) and State employed
veterinarians are authorized to perform Category II accredited duties,
pursuant to delegation of authority by the Administrator or cooperative
agreements, without specific accreditation under the provisions of this
subchapter. However, in order to perform duties for which an
accreditation specialization is required, these veterinarians must be
qualified under Sec. 161.5 of this part.
(b) Except as provided by paragraph (a) of this section,
veterinarians who are not federally accredited who perform accredited
duties will be subject to such criminal and civil penalties as are
provided by the Animal Health Protection Act (7 U.S.C. 8301-8317) or
other applicable Federal statutes or regulations. Performing accredited
duties without having been accredited will be considered grounds for
the
[[Page 31121]]
Administrator to deny an application for accreditation.
PART 162--RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF
VETERINARIANS' ACCREDITATION
11. The authority citation for part 162 would continue 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.
12. Section 162.10 would be revised to read as follows:
Sec. 162.10 Summary suspension of accreditation of veterinarians.
In any situation where the Administrator has reason to believe that
any veterinarian accredited under the provisions of parts 160 and 161
of this subchapter has not complied with the ``Standards for Accredited
Veterinarian Duties'' set forth in Sec. 161.3 of this subchapter, the
Administrator may summarily suspend the accreditation of such
veterinarian pending final determination in the proceeding, effective
upon oral or written notification, whichever is earlier. In the event
of oral notification, a written confirmation thereof shall be given to
such veterinarian as promptly as circumstances permit. The
Administrator may take such action if he or she deems it necessary in
order to prevent the introduction into the United States or the spread
from one State to another of a contagious, infectious, or communicable
disease of animals, or to ensure that animals intended or offered for
export to foreign countries are free from disease, or to maintain the
integrity of the National Veterinary Accreditation Program.
Sec. 162.12 [Amended]
13. In Sec. 162.12, paragraphs (b), (c), and (d) would be
redesignated as paragraphs (c), (d), and (b), respectively.
Done in Washington, DC, this 25th day of May 2006.
Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-8493 Filed 5-31-06; 8:45 am]
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