[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19510]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 160
[Docket No. 93-033-2]
Veterinary Accreditation
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning Federal
accreditation of veterinarians to add a definition of ``sign.'' Adding
this definition will clarify that accredited veterinarians are
prohibited from authorizing other persons to sign certain official
documents. We have determined that this change is necessary to maintain
the integrity of our veterinary accreditation program.
EFFECTIVE DATE: September 9, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Staff Veterinarian,
Sheep, Goat, Equine, and Poultry Diseases Staff, Veterinary Services,
APHIS, USDA, room 700, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-6954.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 160, 161, and 162 pertain to the
Animal and Plant Health Inspection Service's (APHIS) veterinary
accreditation program. Through this program, APHIS authorizes
veterinarians in private practice to perform certain official services
and duties on behalf of APHIS Veterinary Services officials. These
responsibilities include such activities as examining livestock for
clinical signs of disease, vaccinating animals for brucellosis, drawing
and shipping blood for testing, and preparing health certificates
required for domestic or international movement.
Section 161.3 (hereafter referred to as the regulations) sets forth
the standards for accredited veterinarian duties. The regulations cover
several requirements and prohibitions regarding the preparation of
official forms, certificates, records and reports. The regulations use
the term ``sign.'' As used in the regulations, ``sign'' means that an
accredited veterinarian signs a document, in his or her own hand.
However, ``sign'' is not defined in the regulations. This has led to
some confusion concerning the signature requirements.
Therefore, to clarify the regulations, we published in the Federal
Register on March 18, 1994 (58 FR 12863-12864, Docket No. 93-033-1), a
proposal to amend the regulations to add a definition of ``sign.''
We solicited comments concerning our proposal for a 60-day comment
period ending May 17, 1994. We received two comments by that date. They
were from a state department of agriculture and from a veterinary
medical association. One commenter supported the proposed rule. The
other commenter objected to the proposed rule, saying it is the
prerogative of business owners, including veterinarians, to authorize
other individuals to sign documents using the business owner's name.
We are not making any changes in the rule based on this comment. A
business owner's right to authorize others to sign documents is not
unlimited. Accredited veterinarians are authorized by the Federal
Government to perform certain functions on behalf of the Federal
Government. These include signing documents. Veterinarians are
accredited only if they meet certain standards. Other persons, to whom
veterinarians might delegate their responsibilities under the
accreditation program, might not meet the Federal Government's
accreditation standards. This could lead to foreign animal health
officials losing confidence in the integrity of the veterinary
accreditation program. This, in turn, could result in the loss of
export markets for U.S. livestock.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule without change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been reviewed under Executive Order 12866. The
rule has been determined to be not significant for purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
This final rule will merely clarify that accredited veterinarians
must sign official documents in their own hand. We do not anticipate
that this final rule will have any economic effect whatsoever.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
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 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 160
Veterinarians.
Accordingly 9 CFR part 160 is amended as follows:
PART 160--DEFINITION OF TERMS
1. The authority citation for part 160 continues to read as
follows:
Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51,
and 371.2(d).
2. Section 160.1 is amended by adding a definition of Sign, in
alphabetical order to read as follows:
Sec. 160.1 Definitions.
* * * * *
Sign. For an accredited veterinarian, to put his or her signature
in his or her own hand on a certificate, form, record or report. No
certificate, form, record or report is signed if:
(1) Someone other than the accredited veterinarian has signed it on
behalf of or in the name of the accredited veterinarian, regardless of
the authority granted them by the accredited veterinarian; or
(2) if any mechanical device has been used to affix the signature.
* * * * *
Done in Washington, DC, this 20th day of June 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-19510 Filed 8-9-94; 8:45 am]
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