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NEW JERSEY REGISTER
VOLUME 38, ISSUE 18
ISSUE DATE: SEPTEMBER 18, 2006
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF VETERINARY MEDICAL EXAMINERS

 

Proposed Repeal and New Rule: N.J.A.C. 13:44-1.6
Proposed New Rule: N.J.A.C. 13:44-4.10
Proposed Repeals: N.J.A.C. 13:44-1.7 and 1.8
Proposed Amendments: N.J.A.C. 13:44-1.1 through 1.5, 2.1, 2.2 and 4.4

New Jersey Licensing Examination; Passing Score; Examination Review; Licensure by Waiver of Examination; Required Documentation; Application for Licensure by Waiver of Examination; Renewal of License; Non-licensed Veterinarians; Permit Required; Eligibility for Temporary Permit; Licensees who Service Pet Shops, Pounds, Shelters and Adoption Facilities; Continuing Education

Authorized By: State Board of Veterinary Medical Examiners, Leslie Aronson, Executive Director.

Authority: N.J.S.A. 45:16-3. Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2006-317.

Submit comments by November 17, 2006, to:

Leslie Aronson, Executive Director
State Board of Veterinary Medical Examiners
PO Box 45020
Newark, NJ 07101

The agency proposal follows:

Summary

The State Board of Veterinary Medical Examiners (the Board), pursuant to its rulemaking authority found at N.J.S.A. 45:16-3 and P.L. 2003, c. 227, proposes new rules N.J.A.C. 13:44-1.6 and 4.10, to repeal N.J.A.C. 13:44-1.6, 1.7 and 1.8, and to amend N.J.A.C. 13:44-1.1 through 1.5, 2.1, 2.2 and 4.4.

The proposed new rules, amendments and repeals result primarily from an amendment to the Board's enabling statutes. P.L. 2003, c. 227 amended N.J.S.A. 45:16-4. This statute formerly required the Board to administer a theoretical and practical examination which included any laws and regulations applicable to veterinary medical practice in New Jersey. The amended law no longer requires New Jersey to administer a theoretical and practical examination and only requires applicants to successfully pass an examination on New Jersey laws and regulations. The Board proposes to amend N.J.A.C. 13:44-1.1, 1.2 and 1.3, which require applicants to complete the "New Jersey Licensing Examination," to reflect that the Board is only administering one examination, which will be called the "New Jersey State Jurisprudence Examination."

N.J.A.C. 13:44-1.3 permits applicants who fail the licensing examination to appeal their failing grade to the Board. The rule requires the Board to consider this appeal within 30 days of receipt of the request. Due to the fact that it only meets once a month, it is virtually impossible for the Board to comply with this time frame. The Board proposes to delete this requirement and to clarify that the Board may invite the candidate to appear before the Board regarding the appeal.

N.J.A.C. 13:44-1.4 sets forth criteria for licensure by waiver of examination. The Board proposes to amend the heading of this section to "Licensure by endorsement." The Board is no longer waiving the New Jersey practical examination, as the Board is no longer administering that examination, and referring to this provision as "endorsement" more accurately reflects the procedures the Board will be following. Subsection (a) is proposed for amendment to reflect that the Board is not waiving the New Jersey Practical Examination, as it is no longer administering this examination. Applicants will be required to hold a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association (AVMA). Subsection (a) is also amended to incorporate the requirements of existing subsection (c), which requires applicants to take the New Jersey State Examination; existing subsection (c) is proposed for deletion. The Board proposes a new subsection (c) that requires an applicant who has not been awarded a degree from a college or university accredited by the AVMA to submit evidence that he or she has a certificate from the Education Commission for Foreign Veterinary Graduates (ECFVG). This requirement does not apply to individuals licensed before January 1, 1973, as ECFVG did not issue certificates prior to that date. N.J.A.C. 13:44-1.5 sets forth the documentation that an applicant for licensure by endorsement is required to submit to the Board. As the Board is not waiving examinations, this rule is proposed for amendment to delete reference to waiving the New Jersey Practical Examination. The Board proposes to delete requirements that an applicant submit a statement of good standing from any entity that authorizes an applicant to practice. The Board recognizes that the only entity that can issue such authorization is another state and is amending N.J.A.C. 13:44-1.5 to require that an applicant submit any state license issued to practice in a particular setting, such as racing commissions.

N.J.A.C. 13:44-1.6, 1.7 and 1.8 set forth criteria for biennial registration, reinstatement and non-active registration. The Board proposes to repeal these rules and proposes new N.J.A.C. 13:44-1.6, which deals with renewal of licensure. Proposed new subsection (a) states that licenses will be renewed biennially. Applicants for renewal are required to attest that they have completed the continuing education requirements of N.J.A.C. 13:44-4.10.

Proposed new subsection (b) states that the Board will send out notices of renewal at least 60 days prior to the expiration of licenses. If the notice to renew is not sent 60 days prior to the expiration date, a licensee will be exempt from monetary penalties for any unlicensed practice during a period equal to the number of days the renewal was late. Proposed new subsection (c) requires licensees to submit to the Board the renewal application and the renewal fee. Proposed new subsection (d) states that, if a licensee fails to renew a license prior to the expiration date, the license may be renewed no later than 30 days after expiration. A licensee renewing after the expiration date is required to submit a renewal application, a renewal fee and the late fee. A license which is not renewed within 30 days of the expiration date shall be automatically suspended.

Proposed new subsection (e) states that any individual who continues to practice or who holds him or herself out as a licensee after the license is suspended shall be deemed to be engaged in unlicensed practice. Proposed new subsection (f) sets forth criteria for reinstatement for someone who has been suspended for less than five years. Such an individual is required to submit: a reinstatement application, all past due renewal fees, the reinstatement fee, a certification verifying that the individual has completed the continuing education requirements for each biennial period of the suspension and an affidavit of employment that lists the jobs the individual has held during the suspension.

Proposed new subsection (g) sets forth reinstatement criteria for an individual who has been suspended for more than five years. Such an individual must successfully pass the examination required for licensure. He or she also must submit: a reinstatement application, all past due renewal fees, the reinstatement fee and an affidavit of employment that lists the jobs he or she held during the suspension. Proposed new subsection (h) states that renewal applications will allow licensees to renew as active or inactive. A licensee who renews as inactive shall not practice or hold him or herself out as a licensed veterinarian. Proposed new subsection (i) allows individuals who are on inactive states for five years or less to become active by applying to the Board. Such an individual must complete the continuing education requirements for each biennial period he or she was inactive, submit an affidavit listing every job held during the period the license was inactive and pay the renewal fee. Proposed new subsection (j) states that a licensee who has been on inactive status for more than five years must meet the requirements of subsection (g) and successfully pass the New Jersey State Jurisprudence Examination if he or she wishes to return to active status. N.J.A.C. 13:44-2.1 and 2.2 deal with permits for non-licensed veterinarians. P.L. 2003, c. 227 dictates that the term used to describe these individuals is "qualified veterinary graduate." The Board proposes to amend N.J.A.C. 13:44-2.1 and 2.2 to change the term "non-licensed veterinarian" to "unlicensed qualified veterinary graduate." N.J.A.C. 13:44-4.4 deals with licensees who service pet shops. The Board proposes to amend N.J.A.C. 13:44-4.4 to clarify that the requirements of this rule are applicable whenever a licensee services a pet shop, pound, shelter or adoption facility, regardless of the legal structure of the entity, be it public, for-profit or non-profit. Throughout this rule, the Board has added the phrase "pound, shelter or adoption facility" wherever the term "pet shop" appears. The rule is proposed for amendment to clarify that these requirements also apply whenever a licensee is filling out an adoption form or any other documents presented to a consumer at the time of adoption. The Board proposes to amend subsection (b) of this rule to require that, when a licensee supplies a vaccine or medication, he or she must ensure that the vaccine or medication is administered properly. N.J.A.C. 13:44-4.4(b)4 requires that a licensee who provides services for a pet shop, pound, shelter or adoption facility maintain medical records listing the medications furnished to pet shops and the individuals to whom medications and vaccines were delivered. The Board proposes to delete this rule and replace it with a new rule that requires a licensee who provides these services to maintain records as required by N.J.A.C. 13:44-4.9, which sets forth recordkeeping requirements for any animal a licensee treats.

Proposed new N.J.A.C. 13:44-4.10 sets forth continuing education requirements for licensees. Proposed new subsection (a) states that, commencing with the 2009 biennial renewal period, licensees shall attest that they have completed continuing education on the biennial certification renewal. Licensees are therefore required to complete the required continuing education hours prior to the 2009 renewal. Falsification of any information submitted on a renewal application may result in the imposition of penalties pursuant to N.J.S.A. 45:1-21 through 45:1-25.

Proposed new subsection (b) requires licensees to complete 20 credit hours of continuing education every biennial period. Proposed new subsection (c) states that an individual who is licensed in the second year of a biennial renewal period must complete 10 credit hours of continuing education.

Proposed new subsection (d) sets forth the categories of continuing education. A licensee can obtain credit hours from: completing continuing education courses approved by the New Jersey Veterinary Medical Association (NJVMA), its constituents or the American Association of Veterinary State Boards-Registry of Approved Continuing Education (RACE); attending a seminar sponsored by the American Veterinary Medical Association or an organization recognized by the AVMA; completing continuing education courses sponsored by a veterinary school approved by the Council on Education of the AVMA; completing a course related to veterinary medicine given by a college or university; completing a self assessment test from a peer reviewed journal issued by a veterinary school approved by the Council of Education of the AVMA; completing a Veterinary Information Network course; writing an article in a peer reviewed professional journal; teaching a new continuing education program; or presenting a new seminar or lecture to professional peers. One credit hour will be allocated for each hour of a continuing education course, each hour of a seminar, and each course credit of a Veterinary Information Network course. One credit hour will be allocated for each credit in a course given by a college or university. One credit horn will be allocated for each self assessment test, with a limit of five credit hours per biennial period. Three credit hours will be allocated for each article written for a professional journal, with a limit of three credit hours per biennial period. One credit hour will be allocated for each hour taught in a new continuing education program with a limit of 10 credit hours per biennial period. One credit hour will be allocated for each hour of presentation in a new seminar or lecture with a limit of five credit hours per biennial period.

Proposed new subsection (e) states that the Board will perform audits on randomly selected licensees to determine compliance with the continuing education requirements. Proposed new subsection (f) requires licensees to maintain records that document completion of continuing education requirements and to submit this documentation to the Board upon request.

Proposed new subsection (g) allows the Board to waive the continuing education requirements for reasons of hardship. A licensee who seeks a waiver shall apply to the Board at least 90 days prior to license renewal and set forth the reasons why the licensee is applying for the waiver. Any waiver of continuing education is only valid for the biennial period in which the waiver is granted. Proposed new subsection (h) permits the Board to review a licensee's continuing education records at any time in order to confirm that the licensee is complying with the requirements of N.J.A.C. 13:44-4.10. Proposed new subsection (i) permits the Board to direct licensees to complete continuing education credit hours as part of a disciplinary measure or to correct a deficiency in the licensee's continuing education requirements. Proposed new subsection (j) states that any continuing education credit hours completed pursuant to subsection (i) shall not satisfy the continuing education requirements of N.J.A.C. 13:44-4.10.

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

Social Impact

The Board believes that the proposed new rules, amendments and repeals will have a positive impact on licensees and the owners of animals. The proposed amendments to N.J.A.C. 13:44-1.4 ensure that applicants are appropriately prepared to practice safely and effectively as veterinarians in New Jersey. The proposed amendments to N.J.A.C. 13:44-4.4 ensure that licensees who care for animals in a pound, shelter or adoption facility will conduct their practice in the same way as licensees who provides services to a pet shop. These amendments also help to ensure that proper records are kept when a licensee signs an animal health certificate, adoption form or "Fit for Purchase" form. Proposed new N.J.A.C. 13:44-4.10 provides standards for continuing education that will help to ensure that all licensees remain abreast of new developments in the field of veterinary medicine.

Economic Impact

The Board believes that the proposed new rules, amendments and repeals may have an economic impact on licensees and applicants for licensure. Proposed new N.J.A.C. 13:44-1.6 sets forth requirements for renewal of licensure. This rule imposes fees for renewal of licensure, late renewal of licensure, and reinstatement. Applicants for reinstatement who are applying more than five years from the date their licenses were suspended are required to successfully pass the examinations required by N.J.A.C. 13:44-1.1. Licensees who are on inactive status and wish to return to active status after being inactive for five years or less must pay areinstatement fee. Licensees who are on inactive status for more than five years must pay the reinstatement fee and must successfully pass the New Jersey State Jurisprudence Examination. The cost of paying these fees and for the examinations will be borne by licensees, applicants for reinstatement and licensees returning to active status. Proposed new N.J.A.C. 13:44-4.10 requires licensees to complete 20 credit hours of continuing education every biennial period. The cost of completing these credit hours will be borne by licensees.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rules, amendments and repeals.

Jobs Impact

Proposed new N.J.A.C. 13:44-1.6 dictates that any licensee who fails to renew licensure be suspended and cease practicing as a veterinarian. This will not change the number of jobs available in the State, but may impact the pool of licensees available to perform veterinary services. Proposed new N.J.A.C. 13:44-4.10 requires every licensee to complete 20 credit hours of continuing education each biennial period. This requirement may increase jobs in the State in that there may be a need for sponsors to hire instructors to teach continuing education courses. The Board does not anticipate that the proposed new rules, amendments and repeals will have any other impact on jobs.

Agriculture Industry Impact

The Board does not believe that the proposed new rules, amendments and repeals will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the approximately 2000 licensees of the Board are considered "small businesses," then the following analysis applies. The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposed new rules, amendments and repeals, including the kinds of professional services likely to be needed to comply. The Act further requires the Board to estimate the initial and annual compliance costs of the proposed new rules, amendments and repeals with an indication of the varying impact on small businesses of differing types and sizes and to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses. The costs imposed on small businesses by the proposed new rules, amendments and repeals are the same costs that are imposed on all businesses as set forth in the Economic Impact above.

The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed new rules, amendments and repeals. The proposed new rules, amendments and repeals impose no reporting requirements. The proposed new rules, amendments and repeals impose several compliance requirements on licensees. Proposed new N.J.A.C. 13:44-1.6 requires licensees to renew their license every two years. Licensees who do not renew by the expiration date must pay a late fee. A person who has been suspended and who seeks reinstatement must apply to the Board, pay all delinquent renewal fees, a reinstatement fee, proof of completion of continuing education requirements and an affidavit listing employment history during the period of suspension. A person who applies more than five years after being suspended also must successfully pass the examinations required by N.J.A.C. 13:44-1.1. N.J.A.C. 13:44-1.6 prohibits inactive licensees from holding themselves out as licensed veterinarians or from practicing veterinary medicine. Proposed amendments to N.J.A.C. 13:44-4.4 require a licensee who provides services to a pound, shelter or adoption facility to sign his or her name and license number on any animal's health certificate, adoption form or "Fit for Purchase" form. The proposed amendments to N.J.A.C. 13:44-4.4 require that any licensee who signs a health certificate, adoption form or "Fit for Purchase" form ensure that vaccines or other medications are administered properly. Licensees who provide such services also must comply with the requirements of N.J.A.C. 13:44-4.9 for every animal examined or treated. Proposed new N.J.A.C. 13:44-4.10 requires licensees to complete 20 credit hours of continuing education every biennial period. The rule also requires licensees who are seeking a waiver of the continuing education requirements to apply to the Board, detailing the reasons why a waiver is sought.

The proposed new rules, amendments and repeals impose recordkeeping requirements. Proposed amendments to N.J.A.C. 13:44-4.4 requires licensees who provide signed animal health certificates, adoption forms or "Fit for Purchase" forms to comply with the recordkeeping requirements of N.J.A.C. 13:44-4.9 for every animal. Proposed new N.J.A.C. 13:44-4.10 requires licensees to maintain documentation that shows that they have completed the required continuing education credit hours. The Board believes that the proposed amendments, repeals and new rules provide for the safe and effective practice of veterinary medicine and that these amendments, repeals and new rules must be applied uniformly to all licensees regardless of size.

Smart Growth Impact

The Board does not anticipate that the proposed new rules, amendments or repeals will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:44-1.6, 1.7 and 1.8.

Full text of the rules proposed amendments and new rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

13:44-1.1 Eligibility for admission to New Jersey [Licensing] State Jurisprudence Examination

(a) As a prerequisite to taking the New Jersey [Licensing] State Jurisprudence Examination, an applicant shall submit to the Board:

1.-2. (No change.)

(b)-(c) (No change.)

13:44-1.2 Required documentation; admission to New Jersey [Licensing] State Jurisprudence Examination

(a) An applicant for licensure shall submit or arrange to have submitted to the Board, at least two months prior to the New Jersey [Licensing] State Jurisprudence Examination the following:

1.-6. (No change.)

13:44-1.3 New Jersey [Licensing] State Jurisprudence Examination; passing score; examination review

(a) An applicant shall obtain a grade of 70.0 on the New Jersey [Licensing] State Jurisprudence Examination.

(b)-(c) (No change.)

(d) The Board [shall consider the appeal within 30 days of filing and] may invite the candidate to appear before the Board regarding his or her appeal.

13:44-1.4 Licensure by [waiver of examination] endorsement

(a) The Board shall [waive the New Jersey Practical Examination for] issue a license to an applicant who:

1.-2. (No change.)

3. Except as set forth in (d) below, has been awarded a degree in veterinary medicine from a veterinary college or university accredited by the American Veterinary Medical Association (AVMK);

[3.] 4. Except as set forth in (b) below, has passed the National Board Examination and Clinical Competency Test, or the North American Veterinary Licensing Examination; [and]

[4.] 5. Presents no basis for concern as to competency or fitness for licensure and otherwise qualifies for licensure pursuant to N.J.S.A. 45:16-6[.]; and

6. Has passed the New JerseyState Jurisprudence Examination.

(b) (No change.)

[(c) An individual who qualifies under this section for licensure by waiver of the New Jersey Practical Examination shall be required to successfully complete the New Jersey Jurisprudence Examination.]

(c) An applicant who was not awarded a degree in veterinary medicine from a veterinary college or university accredited by the American Veterinary Medical Association and who was initially licensed after January 1, 1973, shall submit evidence that he or she possesses a certificate issued by the Education Commission for Foreign Veterinary Graduates.

13:44-1.5 Required documentation; application for licensure by [waiver of examination] endorsement

(a) An applicant for licensure by [waiver of the New Jersey Practical Examination] endorsement shall submit or arrange to have submitted all of the following documents:

1. (No change.)

2. A certification from every state in which the applicant is or has been licensed verifying that the applicant holds or held a valid, unsuspended and unrevoked license to practice[, and other pertinent information the Board may require] including state licenses issued to practice in a particular setting, such as racing commissions; and

[3. A statement of good standing from any other entity that authorizes the applicant's practice of veterinary medicine; for example, the Racing Commission. The applicant shall notify the Board in the event that his or her privilege to practice veterinary medicine was ever suspended or revoked by an authority.]

[4.] 3. (No change in text.)

13:44-1.6 Renewal of license

(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant for renewal shall attest that the continuing education requirements of N.J.A.C. 13:44-4.10 have been completed during the prior biennial period.

(b) The Board shall send a notice of renewal to each licensee, at least 60 days prior to the expiration of the license. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalty or fines shall apply to the holder for any unlicensed practice during the period following the licensure expiration, not to exceed the number of days short of 60 before the renewals were issued.

(c) The licensee shall, prior to the date of expiration of the license, submit to the Board:

1. The renewal application; and

2. The rnewal fee pursuant to N.J.A.C. 13:44-5.1.

(d) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:44-5.1. A licensee who fails to renew the license within 30 days after the expiration date of the license shall be suspended without a hearing.

(e) A person who continues to practice or hold himself or herself out as a licensed veterinarian after being suspended shall be deemed to have committed unlicensed practice pursuant to N.J.S.A. 45:16-9, even if no notice of suspension has been provided to the person.

(f) A person seeking reinstatement within five years following the suspension of a license shall submit the following to the Board:

1. A completed reinstatement application;

2. Payment of all past delinquent renewal fees as set forth inNJ.A.C. 13:44-5.1;

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:44-5.1

4. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:44-4.10 for each biennial period the license is suspended; and

5. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.

(g) A person seeking reinstatement after more than five years following the suspension of a license shall successfully pass the examinations required for initial licensure as set forth in N.J.A.C. 13:44-1.1 and shall submit:

1. A completed reinstatement application;

2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:44-5.1;

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:44-5.1; and

4. An affidavit of employment listing each job held during the period pf suspension which includes the names, addresses, and telephone numbers of each employer.

(h) Renewal applications for all licensees shall provide the applicant with the option of either active or inactive renewal. Applicants electing to renew as inactive shall not practice or hold themselves out to the public as licensed veterinarians.

(i) A licensee who has elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon completion of the following:

1. Payment of the reinstatement fee;

2. Submission of evidence of completion of the continuing education credits that are required per biennial period for each biennial period that the applicant is on inactive status; and

3. Submission of an affidavit of employment listing each job held during the period the licensee was on inactive status which includes the name, address, and telephone number of each employer.

(j) A licensee who has been on inactive status for more than five years who wishes to return to the practice of veterinary medicine shall meet the requirements of (g) above and successfully complete the New Jersey State Jurisprudence Examination.

13:44-2.1 [Non-licensed veterinarians] Unlicensed qualified veterinary graduate; permit required

A licensee shall not engage the services of [a non-licensed veterinarian] an unlicensed qualified veterinary graduate for the purpose of being trained or to practice veterinary medicine, dentistry or surgery unless the [non-licensed veterinarian] unlicensed qualified veterinary graduate first obtains a temporary permit issued by the Board pursuant to N.J.A.C. 13:44-2.2.

13:44-2.2 Eligibility for temporary permit

(a) The Board shall issue a temporary permit to [a non-licensed veterinarian] an unlicensed qualified veterinary graduate provided that:

1. (No change.)

2. The candidate will be employed at a practice located in New Jersey as [an assistant veterinarian] an unlicensed qualified veterinary graduate under the responsible supervision of a New Jersey licensed veterinarian; and

3. Neither the licensed veterinarian nor the [candidate for licensure] unlicensed qualified veterinary graduate presents a basis for concern as to fitness or competency and both otherwise qualify for continuing licensure or initial licensure, respectively, pursuant to N.J.S.A. 45:1-21 and [N.J.S.A.] 45:16-1.1.

(b)-(c) (No change.)

(d) A temporary permit issued to [a non-licensed veterinarian] an unlicensed qualified veterinary graduate shall not be transferable to any other person.

13:44-4.4 Licensees who service pet shops, pounds, shelters and adoption facilities

(a) A licensee who provides services to a public, for-profit or non-profit pet shop, pound, shelter or adoption facility, shall sign and print his or her name and New Jersey license number on each animal's health certificate, adoption form or "Fit for Purchase" form, and on any other document which may be given to the consumer at the time of purchase or adoption that attests to findings made, care rendered or care prescribed for that animal by a licensed veterinarian.

(b) A licensee who signs an animal health certificate, adoption form or "Fit for Purchase" form, or any other documents as set forth in (a) above, shall:

1.-2. (No change.)

3. [Not supply] If the licensee supplies vaccines or other medications for which a prescription is necessary, [to pet shops to be administered by anyone other than the owner(s) of the pet shop or a licensee of the New Jersey Board of Veterinary Medical Examiners. In the event a pet shop is owned and operated as a partnership or a corporation, the entity shall designate an individual to receive and to administer the vaccine and medications] ensure that the vaccines or other medication is administered properly; and

4. [Maintain in his or her office accurate medical records listing all medications furnished to pet shops and the individual(s) to whom medications and vaccines, or prescriptions therefore, were delivered. Such records shall include, but not be limited to, the name and address of the recipient pet shop, date supplied, type of medication and strength per unit, number of units supplied, and directions given for use.] Comply with the requirements of N.J.A.C. 13:44-4.9 for every animal examined and/or treated.

13:44-4.10 [(Reserved)] Continuing education

(a) Beginning with the 2009 biennial certification renewal, and for every biennial certification renewal thereafter, a licensee shall attest that he or she has completed courses of continuing education of the types and number of credits specified in (b) or (c) below. Falsification of any information submitted on the renewal application may require an appearance before the Board and may result in penalties and/or suspension or revocation of the licensee pursuant to N.J.S.A. 45:1-21 through 45:1-25.

(b) Each applicant for biennial license renewal shall complete 20 credit hours of continuing education in the preceding biennial license period.

(c) An applicant who is licensed in the second year of a biennial renewal period shall be required to complete 10 credit hours of continuing education in the preceding biennial license period.

(d) A licensee may obtain continuing education credit from the following sources with the following credit hours:

1. Successful completion of continuing education courses or programs approved by either the New Jersey Veterinary Medical Association (NJVMA), NJVMA constituent associations or the American Association of Veterinary State Boards - Registry of Approved Continuing Education (RACE): one credit hour for each hour of attendance;

2. Attendance at a seminar sponsored by the American Veterinary Medical Association (AVMA) or by an organization recognized by the AVMA: one credit hour for each hour of the seminar;

3. Successful completion of a continuing education course sponsored by a veterinary school approved by the Council on Education of the AVMA: one credit hour for each hour of the course;

4. Successful completion of a course related to the practice of veterinary medicine given by a college or university: one credit hour for each credit;

5. Completion of a self assessment test from a peer reviewed journal issued by veterinary school approved by the Council on Education of the AVMA which distributes a certificate of completion: one credit hour for each test, up to five credit hours per biennial period;

6. Completion of a Veterinary Information Network (VIN) course: one credit hour for each course credit;

7. Writing an article in a peer reviewed professional journal: three credit hours per article, up to three credit hours per biennial period;

8. Teaching a new continuing education course or program that is approved pursuant to (d)1 above. "New" means that the licensee has never taught or developed curriculum for that course or program in any educational setting: one credit hour for each hour taught up to 10 credit hours per biennial period; and

9. Presenting a new seminar or lecture to professional peers, provided the seminar or lecture is at least one hour long. "New" means that the licensee has never presented the seminar or lecture before: one credit hour for each hour of presentation up to five credit hours per biennial period.

(e) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements.

(f) A licensee shall maintain the following documentation for a period of four years after completion of the credits and shall submit such documentation to the Board upon request:

1. For attendance at programs, courses or seminars: a certificate of completion from the sponsor;

2. For completion of a self assessment test: a certificate of completion from the veterinary school;

3. For completion of a Veterinary Information Network (VIN) course: a certificate issued by VIN;

4. For an article: a copy of the article;

5. For teaching a course or program: documentation, including a copy of the curriculum, location, date and time of course, duration of course by hour, and letter from the sponsor confirming that the licensee developed or taught the course or program; and

6. For presenting a seminar: documentation including the location, date and duration of the lecture or seminar.

(g) The Board may waive the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service.

1. A licensee seeking a waiver of the continuing education requirements shall apply to the Board in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensee shall provide the Board with such supplemental materials as will support the request for waiver.

2. A waiver of continuing education requirements granted pursuant to this subsection shall only be effective for the biennial period in which such waiver is granted. If the condition(s) which necessitated the waiver persist(s) into the next biennial period, a licensee shall apply to the Board for approval of such waiver for the new biennial period.

(h) The Board may review a licensee's continuing education records at any time in order to confirm that the licensee is complying with the requirements of this section.

(i) The Board may direct or order a licensee to complete continuing education credit hours:

1. As part of a disciplinary or remedial measure in addition to the required 20 hours of continuing education credit; or

2. To correct a deficiency in the licensee's continuing education requirements.

(j) Any continuing education credit hours completed by the licensee in compliance with an order or directive from the Board as set forth in (i)1 above shall not be used to satisfy the minimum continuing education requirements as set forth in this section.



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