[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Pages 64998-65013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29253]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 149, 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: Final rule.
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SUMMARY: We are amending the regulations regarding the National
Veterinary Accreditation Program to establish two accreditation
categories in place of the former single category, to add requirements
for supplemental training and renewal of accreditation, and to offer
program certifications. We are making 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 changes will 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.
EFFECTIVE DATE: February 1, 2010.
FOR FURTHER INFORMATION CONTACT: Dr. Todd Behre, National Veterinary
Accreditation Program, VS, APHIS, 4700 River Road Unit 200, Riverdale,
MD 20737; (301) 734-0853.
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.
We published a proposal to amend the regulations in the Federal
Register on June 1, 2006 (71 FR 31109-31121, Docket No. APHIS-2006-
0093). We proposed 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.
We solicited comments concerning our proposal for 60 days ending
July 31, 2006. We received 23 comments by that date. They were from
State departments of agriculture, veterinary medical associations,
universities, and individual veterinarians.
In the process of considering the comments we received, we
identified four changes that we believed would improve the June 2006
proposed rule. On February 27, 2007, we published a supplemental
proposed rule \1\ in order to take public comment on these four changes
(72 FR 8634-8639). We amended the June 2006 proposal by changing the
scope of Category I and Category II accreditation; requiring initial
accreditation training for all veterinarians seeking accreditation;
requiring newly accredited veterinarians to renew their accreditation
within 3 years of the initial accreditation training; and reducing the
amount of training required for renewal of accreditation.
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\1\ To view the June 2006 proposed rule, the February 2007
supplemental proposal, and the comments we received on both rules,
go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0093).
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We solicited comments concerning the supplemental proposal for 60
days ending April 30, 2007. We received 15 comments by that date. They
were from a State department of agriculture, a veterinary medical
association, and individual veterinarians.
The comments on both the June 2006 proposal and the February 2007
supplemental proposal are discussed below by topic.
General Comments
One commenter stated that safeguarding the health of animals would
best be done through owner education and training, not through
regulations. Another commenter stated that education of veterinarians
should be performed by the Department of Education, rather than APHIS.
APHIS has been given the authority to establish the NVAP under the
Animal Health Protection Act (7 U.S.C. 8301 et seq.). The NVAP is
necessary to ensure that tasks associated with the health of livestock,
such as participating in disease surveillance, issuing animal health
certificates, and conducting APHIS-Veterinary Services program
activities, are performed by qualified individuals. Owner education and
training, while important to overall veterinary health, cannot provide
assurance that qualified individuals perform such tasks.
One commenter asked us to include specific language in the
regulations stating that the accreditation program will be implemented,
maintained, and amended in cooperation with State animal health
officials.
The regulations provide for consultation with State animal health
officials in developing orientation materials and reviewing
applications for accreditation. We did not propose to change those
provisions; they are included in paragraphs (e)(4) and (d),
respectively, of Sec. 161.1 in this final rule. We consult with State
animal health officials routinely on matters affecting the NVAP; it
would be impossible to administer the program without their
cooperation. We do not believe it is necessary to add a specific
statement about that cooperation to the regulations.
One commenter stated that accreditation should be a national
program; once a veterinarian is authorized to perform accredited duties
in one State, that veterinarian should be authorized in every State in
which the veterinarian is eligible to practice veterinary medicine.
Every State has a different orientation program that addresses
animal disease issues unique to that State; as mentioned earlier, State
animal health officials are invited to contribute to the development of
this orientation program. We consider providing State-specific
information in the orientation to be important to the success of the
NVAP. We are making no changes in response to this comment.
One commenter recommended that we consider streamlining the process
for authorizing the performance of accredited duties in a new State in
a disease emergency situation, assuming the veterinarians are licensed
to practice veterinary medicine in the new State.
We agree with the commenter that it is important to ensure the
availability of accredited veterinarians to respond to disease
emergencies. The new
[[Page 64999]]
accreditation process we are developing will allow for rapid
accreditation of veterinarians to perform accredited duties in new
States when necessary. In addition, when veterinarians are hired on a
full-time, temporary basis by APHIS or by a State to participate in
disease response efforts, those veterinarians may perform accredited
duties in any State without being accredited in that State, as full-
time Federal and State veterinarians may perform accredited duties
without being accredited under 9 CFR part 161.
Category I and Category II Accreditation
In the June 2006 proposal, we proposed to establish two categories
for accreditation: Category I, which was limited in scope to companion
animals and related activities, and Category II, which encompassed all
animal species and accredited activities. The addition of Category I
was intended to 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.
We received several comments on our June 2006 proposal that asked
for clarification regarding various aspects of the scope of duties that
Category I and Category II accredited veterinarians would be authorized
to perform, as well as comments on what tasks Category I and Category
II veterinarians should be able to perform. Two commenters noted that
the phrase ``commonly kept as pets'' in our proposed definition of
companion animals appeared to exclude exotic animals and nontraditional
pets, such as hedgehogs, falcons, or primates, that are sometimes
brought to veterinarians for health certificates; it was not clear
which category of veterinarians would have been authorized to perform
accredited duties on such species. One commenter asked which category
of accreditation would be appropriate for zoo veterinarians. Regarding
the tasks Category I and Category II veterinarians would have been
required to be able to perform, one commenter recommended that Category
I veterinarians be able to develop flock health plans for bird flocks,
a task that we had only proposed to require for Category II
veterinarians.
These comments led us to reconsider the division between Category I
and Category II. In the February 2007 supplemental proposal, we amended
the June 2006 proposal so that Category I veterinarians would be
authorized to perform accredited duties only on animals other than food
and fiber animals, horses, farm-raised fish, poultry, all other
livestock, birds, and zoo animals that could transmit exotic animal
diseases to livestock. The listed animals are susceptible to animal
diseases that can infect livestock and that are subject to APHIS
control or eradication programs. Requiring that veterinarians
performing accredited duties on those animals be accredited under
Category II would ensure that the veterinarians have the necessary
training to recognize symptoms of those diseases and the necessary
knowledge and skills to take appropriate action.
The February 2007 supplemental proposal referred to the animals on
which Category I veterinarians would have been able to perform
accredited duties as nonregulated animals; that document proposed to
add a definition of nonregulated animals in Sec. 160.1 and replaced
all the references to companion animals in the June 2006 proposed rule
with references to nonregulated animals. Our definition of nonregulated
animals indicated that dogs and cats were examples of nonregulated
animals. The February 2007 proposal also indicated that Category II
accredited veterinarians would be authorized to perform accredited
duties on all animals, both regulated and nonregulated.
These changes addressed the comments on the June 2006 proposal.
Hedgehogs and primates were now clearly classified as Category I
animals, while falcons, being birds, were classified as Category II
animals. Zoo veterinarians who work with animals that could transmit
exotic animal diseases to livestock would have to be accredited under
Category II; other zoo veterinarians could be accredited under Category
I. A veterinarian who worked with birds would have to be accredited
under Category II, and thus would have to be able to develop a flock
health plan under proposed Sec. 161.1(g)(2)(xi).
We received several comments on the changes in the February 2007
supplemental proposal. In response to these comments, we now include
definitions of ``Category I animals'' and ``Category II animals''
rather than regulated animals and nonregulated animals, to avoid any
confusion about the meaning of the term ``regulated.'' We have replaced
references to regulated animals and nonregulated animals with
references to Category I and Category II animals, respectively, in the
regulatory text.
We have also further refined the distinction between Category I and
Category II animals. This final rule includes a definition of Category
II animals that reads as follows: ``Food and fiber animal species;
horses; birds; farm-raised aquatic animals; all other livestock
species; and zoo animals that can transmit exotic animal diseases to
livestock.'' The definition of Category I animals in this final rule
reads: ``Any animals other than Category II animals, e.g., cats and
dogs.''
This final rule indicates that Category I veterinarians may perform
accredited duties on Category I animals, while Category II
veterinarians may perform accredited duties on both Category I and
Category II animals.
The comments we received on this issue in response to the
supplemental proposal are addressed below.
Two commenters questioned whether nonregulated animals was the most
appropriate term that could be used to refer to this class of animals.
One commenter stated that the fact that these animals are not included
in an APHIS-Veterinary Services regulatory program does not necessarily
mean that the animals are ``unregulated.'' If these animals were
imported, the commenter stated, they most likely had to comply with
regulations in order to get into the country. If they are native, they
may not be covered by an APHIS program, but they may be included in a
State animal health or public health program. Using the term
``nonregulated animals,'' this commenter stated, will result in a
significant level of confusion and misunderstanding by accredited
veterinarians, animal owners and producers, and USDA and State animal
health officials. The commenter suggested using some other term to
differentiate these animals from livestock or carefully specifying that
``nonregulated'' applies only to regulation by USDA and that there may
be regulation on some of these species at the State level and the
international level.
The second commenter stated that it will cause confusion if APHIS
tells veterinarians, animal owners, and the public that APHIS is
promulgating rules for nonregulated animals. The commenter also stated
that defining nonregulated animals through exclusion (``other than'')
and the same time by inclusion (``all other livestock, birds,
[hellip]'') is confusing.
We agree with these commenters. Thus, we have changed the terms we
use in this final rule to Category I animals and Category II animals,
as described earlier. In addition we agree with the second point made
by the second commenter, which is why we have added definitions of both
Category I animals and Category II animals in this final rule and
defined Category I
[[Page 65000]]
animals as animals other than Category II animals.
One commenter addressed the distinction between livestock and other
animals. The commenter was concerned that many animals are bred, grown,
or otherwise ``cultured,'' and thus could conceivably be considered
``livestock,'' but are not kept for food, feed, or fiber; rather, they
are used as pet, ornamental, display, or companion animals. The
commenter recommended that we indicate in the regulations that Category
I veterinarians would be allowed to perform accredited duties on pet,
ornamental, display, or companion animals.
Another commenter noted that the supplemental proposal stated that
the term ``livestock'' refers to all farm-raised animals. The commenter
stated that many thousands of producers of various species of native
and exotic hoofstock and other wildlife species do not consider
themselves to be farmers and do not consider their animals to be farm-
raised animals. Likewise, these animals are not considered to be zoo
animals, since they are not raised in zoos or animal parks. The
commenter stated that while APHIS may have an understanding that all of
these animals come under the loose definition of ``livestock'' in the
Animal Health Protection Act, the persons who would have to comply with
the regulations may not have that understanding. The commenter urged
that the proposed regulations be amended to clarify the definition of
nonregulated animals relative to native and non-native hoofstock, other
wildlife species that are housed on farms, ranches or other facilities,
and zoo animals that are not housed on zoos or zoological parks.
The Animal Health Protection Act defines livestock as ``all farm-
raised animals.'' We recognize that it will be difficult to clearly
define what is and is not a farm in some circumstances. In general, a
typical farm is one on which food and fiber species are raised for
agricultural purposes. We would not consider a canine breeding facility
to be a farm, for example. By emphasizing food and fiber species, we
believe the definition of Category II animals helps to clarify our
intent.
However, it would be inappropriate to revise the definition of
Category I animals to refer to pet, ornamental, display, or companion
animals. For example, pet birds are not bred for food or fiber, but
they can transmit avian diseases such as avian influenza or exotic
Newcastle disease to poultry. Similarly, pot-bellied pigs are
susceptible to the same diseases as farm-raised swine, such as
pseudorabies. Because of this, we believe that veterinarians performing
accredited duties on pet birds, and livestock species that are raised
for purposes other than food or fiber, should be required to be
accredited under Category II.
In response to the second commenter, wildlife species that are
raised for food or fiber, such as captive cervids, are included in the
definition of Category II animals. Similarly, zoo animals that are
imported under the regulations in 9 CFR 93.404(c) pose a risk of
transmitting foot-and-mouth disease or rinderpest to U.S. livestock,
and in fact are only allowed to be exhibited at specific approved zoos.
We believe the definition of Category II animals is clear on these
points. We will communicate to accredited veterinarians that the
definition of Category II animals includes non-traditional food and
fiber species such as cervids.
One commenter stated that Category I veterinarians should be able
to issue certificates of veterinary inspection for pet birds, rabbits,
pocket pet rodents, and other ``minor species.''
The February 2007 supplemental proposal specifically indicated that
veterinarians would need Category II accreditation to perform
accredited duties on pet birds, because of the potential for avian
diseases to spread from pet birds to poultry. The commenter did not
give any reasons why Category I accreditation would be sufficient for
performing accredited duties on pet birds. Rabbits and pocket pet
rodents would both be types of animals on which a Category I accredited
veterinarian could perform accredited duties. We have made no changes
to the proposed regulations in response to this comment.
One commenter stated that Category I veterinarians should be able
to perform accredited duties on horses. The commenter, a companion
animal veterinarian, stated that she commonly writes health
certificates for horses as well as dogs and cats, and draws blood
samples for Coggins tests for horses. The commenter stated that she
does not inspect exotic animals or food animals. The commenter further
stated that horses were treated as companion animals in her veterinary
school education, meaning that many other veterinarians also consider
horses to be companion animals. Finally, the commenter stated, zoonotic
disease potential in horses is similar to that in dogs and cats; horses
are not, under most circumstances, a threat to our food supply.
It would be inappropriate to categorize horses as Category I
animals in this final rule because APHIS-Veterinary Services recognizes
horses as livestock and regulates their importation and interstate
movement to prevent the introduction and spread of equine diseases. For
example, the regulations in Sec. 75.4 regulate the interstate movement
of horses that are reactors to equine infectious anemia. In addition,
the regulations in 9 CFR part 93, subpart C, set out requirements for
the importation of horses, and APHIS recently undertook an emergency
disease response when contagious equine metritis was found in
Wisconsin. For this reason, we have determined that it is necessary for
veterinarians who perform accredited duties on horses to be accredited
under Category II.
One commenter, responding to the term ``farm-raised fish'' that was
used in the definition of nonregulated animals in the February 2007
supplemental proposal, stated that ``aquatic animals'' was a more
inclusive term and thus more appropriate.
We agree, and we refer to ``farm-raised aquatic animals'' in the
definition of Category II animals in this final rule.
We also received some general comments about our proposal to
establish two accreditation categories.
One commenter objected to the proposed accreditation categories,
stating that no other country in the world has two classes of
veterinarians. Another commenter, a veterinarian, stated that he only
writes health certificates for cats and dogs because that is what he
sees in his practice; the new accreditation category would not be
necessary to indicate that he cannot do accreditation work for other
species.
We have determined that the accreditation structure we proposed
maximizes our resources and makes the best possible use of the time of
U.S. accredited veterinarians. The establishment of categories of
accreditation is related to our separate requirement that accredited
veterinarians complete training for renewal of accreditation.
Veterinarians who are not performing accredited duties on livestock do
not need as much training in livestock disease issues as veterinarians
who are. Our intent is to allow veterinarians such as the second
commenter to continue participating in the NVAP while completing less
training than is required to maintain Category II accreditation.
The first commenter is incorrect in stating that no other country
in the world has two classes of veterinarians. For example, Canada has
two classes for government accreditation.
One commenter stated that restricting the types of animals a
veterinarian is
[[Page 65001]]
allowed to treat would be incredibly detrimental to all animals. The
commenter noted that there are many veterinarians that have a mixed
practice and treat both small and large animals simply because they are
the only ones available to perform these services.
The new accreditation categories do not restrict the animals a
veterinarian is allowed to treat. Rather, they restrict the animals on
which a veterinarian can perform accredited duties, such as endorsing
certificates of veterinary inspection. A veterinarian accredited under
Category I will be free to perform general veterinary care for any
animal.
The June 2006 proposal did not clearly state that veterinarians
with Category II accreditation would be allowed to perform accredited
duties on all animals, not just those for which Category II
accreditation is necessary to perform accredited duties. The February
2007 supplemental proposal and this final rule have added a statement
to that effect in Sec. 161.1(b).
Four commenters requested that the accreditation categories be more
specific to certain types of animals. One requested a separate
accreditation category for avian species, and another requested a
separate category for equines. Two commenters stated that there should
be separate categories for all types of species, or at the least that
there should be separate training for different species; the latter
point was echoed by another commenter.
We will provide a number of training options from which
veterinarians can choose in order to fulfill the training requirement
for renewal of accreditation under Category II. Some training units
that apply across all species--for example, general training regarding
the NVAP, or training regarding foreign animal diseases--will be
required training for all Category II veterinarians. However, there
will be some species-specific training courses that accredited
veterinarians can elect to take--for example, training on exotic avian
diseases or international equine health certificates. We believe that
this method of organizing the training addresses the commenters'
concerns and makes establishing separate, species-specific
accreditation categories unnecessary.
In the preamble to the June 2006 proposal, we stated that 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; for example, Category I veterinarians
would be capable of drawing blood for testing from poultry or livestock
in the event of a disease outbreak. One commenter stated that APHIS
should not assume that a veterinarian accredited under Category I is
necessarily qualified to draw blood for livestock testing.
We agree with the commenter. Before allowing Category I
veterinarians to participate in surveillance during a disease outbreak,
we would ensure that they had adequate training to perform the tasks
that we would need them to perform. We continue to believe that
Category I veterinarians, in general, could serve as a valuable
resource during disease outbreaks.
One commenter stated that, while APHIS clearly intends to include
performing accredited duties on dogs and cats as Category I work, the
full extent of what would be required of Category I veterinarians is
unclear.
We are requiring that Category I veterinarians complete initial
accreditation training and an initial orientation program before
becoming accredited; that they be able to perform the tasks listed in
Sec. 161.1(g)(1) in the February 2007 supplemental proposal and in
this final rule; that they comply with the standards for accredited
veterinarian duties, listed in Sec. 161.4 under this final rule; and
that they complete three supplemental training units every 3 years for
renewal of their accreditation.
Requirements and Application Processes for Accreditation
In the June 2006 proposal, we proposed to revise Sec. 161.1 to set
out requirements and application processes for initial accreditation.
In the February 2007 supplemental proposal, we amended some of these
requirements and moved other requirements to new paragraphs. Because we
are using the organization in the February 2007 supplemental proposal
in this final rule, we will refer to the paragraph citations in the
February 2007 supplemental proposal in the discussion below.
The regulations at Sec. 161.1(a)(2)(iii) have required that
veterinarians seeking initial accreditation complete an orientation
program approved by the Veterinarian-in-Charge for the State in which
the veterinarian wishes to practice. We proposed to move this
requirement to Sec. 161.1(e)(4) and add two new topics to the list of
topics the orientation program must address: Foreign animal disease
awareness and animal health emergency management.
One commenter stated that core and State-modified orientation
programs should be continued to ensure that State-specific regulations,
requirements, and animal-related issues are adequately presented and
updated for veterinary accreditation.
We agree with the commenter; we did not propose to change the
orientation program, other than by adding the two topics mentioned
earlier.
The June 2006 proposal contained a list of tasks that applicants
for accredited status would have to be able to perform. The February
2007 supplemental proposal moved these tasks to Sec. 161.1(g), but
otherwise did not amend the June 2006 proposal. We received some
comments on these tasks.
Proposed paragraph (g)(1)(i) of Sec. 161.1 indicated that Category
I veterinarians would be required to be able to perform physical
examinations of individual nonregulated animals to determine whether
they are free from any clinical signs suggestive of communicable
disease. Paragraph (g)(2)(i) indicated that Category II veterinarians
would be required to be able to perform physical examinations of
individual animals and visually inspect herds or flocks for clinical
signs suggestive of communicable disease.
One commenter recommended that we change ``disease'' to
``condition,'' on the basis that there is some disagreement regarding
whether things like mange, coccidiosis, and ringworm are diseases,
although they are certainly communicable. Changing ``disease'' to
``condition,'' the commenter suggested, would preclude any arguments
over the matter.
Our regulations in 9 CFR chapter I commonly refer to communicable
diseases of livestock or poultry. For example, the regulations in 9 CFR
71.2 provide that the Secretary of Agriculture may determine that
animals are affected with any contagious, infectious, or communicable
disease for which a quarantine should be established. To ensure that
the regulations are consistent, we continue to refer to ``disease'' in
this final rule.
Proposed paragraph (g)(2)(vi) indicated that Category II
veterinarians would be required to be able to develop a herd or flock
health plan. One commenter stated that a Category I veterinarian should
be able to develop a disease control plan which addresses situations
where nonregulated animal species aggregate or congregate.
We understand this comment as suggesting that Category I
veterinarians should be able to develop a plan to control diseases
among Category I animal species, such as a plan to control kennel cough
or distemper at a dog breeding premises. The Animal Health Protection
Act does not give us the authority to require Category I veterinarians
to be able to address
[[Page 65002]]
diseases that occur in and affect only Category I animals. (A facility
covered by the Animal Welfare Act would be required to provide
veterinary care for the animals in the facility.) Therefore, requiring
Category I veterinarians to be able to develop disease control plans
for these animals would be inappropriate.
Proposed paragraph (g)(2)(xii) indicated that Category II
veterinarians would be required to be able to vaccinate for USDA
program diseases and accurately complete the vaccination certificate.
One commenter recommended that this task be expanded to include a more
general description of vaccination. Category II accredited
veterinarians, the commenter stated, are not only involved in
vaccinating for USDA program diseases, but they are also involved in
disease control by vaccinating for the general health of livestock,
equines, and poultry. Vaccinating animals appropriately and being able
to certify their vaccination status can also be important for
interstate and international movements.
We can only require that accredited veterinarians have the skills
necessary to perform accredited veterinarian duties, which relate to
diseases for which APHIS has a control or eradication program. We are
making no changes in response to this comment.
Proposed paragraph (g)(2)(xiv) indicated that Category II
veterinarians would be required to be able to properly perform testing
for tuberculosis (e.g., caudal fold test). One commenter asked whether
the requirement that a Category II veterinarian be able to perform the
caudal fold test would include comparative cervical testing as well.
The only veterinarians authorized to perform comparative cervical
testing are Federal and State veterinary medical officers. Therefore,
it is not appropriate to include comparative cervical testing in the
list of tasks a Category II veterinarian must be able to perform.
We are making two changes to the list of tasks a Category II
veterinarian must be able to perform in this final rule. Proposed
paragraph (g)(2)(vi) indicated that Category II veterinarians would be
required to be able to 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. Because
the definition of Category II animals in this final rule indicates that
all birds, not just poultry, are regulated animals, we are amending
this task to refer to certifying the health status of an avian flock.
Ongoing Federal and State programs, however, only address poultry
diseases, so we have not amended the other references to poultry in
this paragraph.
In addition, proposed paragraph (g)(2)(ii) had referred to
recognizing the common breeds of nonregulated animals and the common
breeds of poultry and livestock; in this final rule, paragraph
(g)(2)(ii) instead refers to recognizing the common breeds of Category
I and Category II animals, including poultry and livestock.
We proposed to require in Sec. 161.1(h) that an accredited
veterinarian may not perform accredited duties in a State until after
receiving written authorization from APHIS. In addition, we proposed to
require that, 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. One commenter was concerned that APHIS might not be able to
provide this written authorization in a timely manner. Failure to do
so, the commenter stated, could have a potentially significant impact
on the veterinary care at a zoo or aquarium or on an individual
veterinarian's ability to perform the necessary duties of the
profession. The commenter strongly encouraged APHIS to employ an
electronic approval process for this authorization.
It is important to note that the NVAP does not regulate general
veterinary practice, but rather the performance of specific accredited
duties; veterinarians who are not accredited may still provide general
veterinary care to any animal.
We plan to employ an electronic approval process for providing
written authorization. Under this system, accredited veterinarians with
e-mail access will receive an e-mail authorizing them to perform
accredited duties. The authorization process for performing accredited
duties in another State will continue to require the completion of the
requirements in Sec. 161.2.
Required Training for Renewal of Accreditation
We proposed to add new requirements for renewal of accreditation.
Under the June 2006 proposal, accredited veterinarians who wish to
continue participating in the NVAP would have to renew their
accreditation every 3 years. Accredited veterinarians who wish to renew
their accreditation under Category I would have had to complete 4
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 had to
complete 9 supplemental training units approved by APHIS by the end of
their 3-year tenure as an accredited veterinarian.
Based on comments we received on the amount of supplemental
training we were requiring, in the February 2007 supplemental proposal,
we reduced the amount of training required for renewal of Category II
accreditation from nine supplemental training units to six, and the
amount of training required for the renewal of Category I accreditation
from four units to three.
We received several comments stating that there should be no
supplemental training required for accredited veterinarians. Some
commenters stated that their experience provides a sufficient body of
knowledge and that additional training is unnecessary.
As we stated in the June 2006 proposal, we are requiring that
veterinarians complete supplemental training to renew their
accreditation for several reasons. 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 to U.S. animal health. The fast pace of change in these areas can
mean that the personal experience of accredited veterinarians may not
provide enough knowledge to allow them to best contribute to APHIS
efforts to deal with emerging issues.
Other commenters stated that the additional training we provide
would simply review the regulations for the interstate or international
movement of animals whose requirements accredited veterinarians
satisfy, and that such information could be provided without having to
administer supplemental training. One commenter stated that licensed
veterinarians are already familiar with their State's laws governing
the performance of veterinary tasks, whether in an emergency or not.
The idea that the supplemental training would focus only on
regulatory requirements is incorrect. For example,
[[Page 65003]]
the training provided for renewal of accreditation will include units
on ``Foreign Animal Diseases, Program Diseases, and Reportable
Diseases''; ``Preventing Disease Introduction and Spread''; and
``Disease Eradication and Lab Diagnosis.'' Accredited veterinarians
would not be able to learn everything they need to know about these
topics by simply reading Federal, State, and foreign animal disease
laws and regulations.
Several commenters (mostly veterinarians themselves) stated that
any increase in the amount of work required to be an accredited
veterinarian will encourage veterinarians to give up their
accreditation; some of these commenters suggested that, given predicted
shortages in large-animal veterinarians in general, this could prove
detrimental to animal health. One of these commenters indicated that
there was not enough money in performing accredited duties to justify
continuing to do so with the supplemental training requirement in
place.
For the reasons stated earlier, we believe it is crucial to the
NVAP to ensure that our accredited veterinarians have up-to-date
disease control and prevention education. Such training ensures that
our accredited veterinarians serve as an effective disease control
force in the United States and that certificates signed by them are
accepted by our trading partners. The February 2007 supplemental
proposal did reduce the amount of supplemental training required for
renewal of accreditation, thus making it easier for currently
accredited veterinarians to continue to participate. With regard to a
possible shortage of accredited veterinarians, we believe that as long
as there is a market for services for which accreditation is required,
an adequate number of veterinarians will maintain accreditation in
order to provide those services.
Two commenters stated that APHIS should offer the supplemental
training on a voluntary basis only.
As we noted in the June 2006 proposal, 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. Requiring training is necessary to increase the rigor of the
program and thus address this concern.
Another commenter stated that if there must be a renewal period, it
should be much longer than 3 years.
As noted earlier, the international animal disease profile,
including emerging diseases that may be relevant to accredited
veterinary practice within the United States, is continually changing,
and the import and export requirements that are placed on the trade of
animals and animal products by countries also change frequently. We
believe 3 years is an appropriate interval that balances the need for
up-to-date training for accredited veterinarians with other demands on
their time.
One commenter asked whether the Government requires medical doctors
to be tested routinely on their knowledge of infectious or communicable
diseases.
We are not aware of any Federal Government programs that require
testing for knowledge of infectious or communicable diseases, although
State medical boards often test medical doctors. To address the
commenter's implied concern, there is no testing requirement associated
with the supplemental training. APHIS is requiring that veterinarians
complete the supplemental training, but we will not test them on it.
One commenter stated that the supplemental training should address
animal welfare issues.
Animal welfare issues are handled within APHIS by our Animal Care
program. Consistent with the statutory authority under which it is
established, the NVAP focuses on animal disease issues.
We received several comments that mentioned State continuing
education requirements in the context of the supplemental training
requirement. Three commenters stated that 3 supplemental training units
every 3 years would be sufficient to ensure that Category II accredited
veterinarians are adequately informed on animal disease issues. One of
these commenters stated that the six-unit requirement in the February
2007 supplemental proposal was excessive when compared to continuing
education requirements in the commenter's State. Six units every 3
years represented more than 10 percent of that State's total continuing
education requirement; this commenter stated that most veterinarians
spend less than 10 percent of their time doing accreditation work,
meaning that the supplemental training requirement should be reduced.
One commenter stated that the supplemental training requirement was
unnecessary due to the State continuing education requirements that are
already in place.
Two commenters suggested that APHIS require that State veterinary
licensing authorities accept the supplemental training units to fulfill
the States' requirements. Another commenter stated that the commenter
would support the supplemental training requirement if the training was
not in addition to the training already required for the commenter's
State license renewal.
Given the diversity of topics on which accredited veterinarians
must be informed in order to perform their duties effectively, we
believe that it is necessary to require six units of supplemental
training for the renewal of Category II accreditation. Since each unit
of training is expected to take 1 hour to complete, this requirement
works out to 2 hours per year of supplemental training. We do not
believe this requirement is excessive.
We could accept State-required continuing education towards the
supplemental training requirement if the State courses addressed topics
relevant to the NVAP. We would have to review the State content and
approve it to be used to fulfill the supplemental training requirement.
States that believe their content can be used in such a way are welcome
to discuss it with us.
In order to reduce the training burden on accredited veterinarians
and encourage their participation in the NVAP, we are working with
State veterinary licensing authorities to have our supplemental
training accepted as fulfilling their continuing education
requirements. Iowa's veterinary licensing authority has already
indicated that it will do so. We expect that we will be able to secure
approval for use of the supplemental training to fulfill continuing
education requirements in other States as well. However, we have no
authority to require that States accept our supplemental training.
Costs and Logistics of Supplemental Training
In the June 2006 proposal, we stated that the majority of the
supplemental training units would be delivered through the World Wide
Web and that we would also make the training available by mail for
those who lack Internet access. In the section of the proposal headed
``Executive Order 12866 and Regulatory Flexibility Act,'' we further
stated that the Web-based training would be provided at no cost to
accredited veterinarians.
We received several comments on the cost and logistics of
supplemental training. One asked how much the training, tests, and
accreditation
[[Page 65004]]
certificate would cost. Six commenters stated that training should be
provided at no charge. Another noted that additional training
requirements may create an economic hardship for some veterinarians.
One commenter noted that the June 2006 proposal did not address the
cost of non-Web-based training and stated that many veterinarians in
rural practice do not have computer access and could not participate in
Web-based training.
We will make the supplemental training available through the Web at
no charge. For veterinarians without Internet access, we will make the
training available in other media (e.g., CD-ROM or paper) at a minimal
cost to cover the costs of production and of any necessary shipping and
handling. There are no tests associated with the supplemental training.
The accreditation certificate will continue to be provided at no cost.
One commenter stated that APHIS should pay veterinarians to
complete the supplemental training.
We do not believe this would be an appropriate use of APHIS'
resources.
One commenter suspected that the new regulations would be followed
in a couple of years with a user fee, which the commenter opposed.
We have no plans to establish a user fee for the supplemental
training. It is in our interest to encourage widespread participation
in the supplemental training, which is why we are making the training
available free through the Web or at minimal cost through other media.
One commenter stated that Web-based training is subject to problems
like technical difficulties, lack of resources to keep up the training
sites, and lack of technical staff to provide assistance. Another
commenter asked us to make sure that technical support would be
available.
We agree with these commenters. We are using a modern Web-based
training interface through AgLearn ((http://www.aglearn.usda.gov)), and
we are working to provide the best possible support for it.
One commenter suggested that we provide the training as a course at
regional or State veterinary continuing education meetings as well as
through the Web. Another commenter agreed and added national, regional,
and State annual meetings of veterinary medical associations as
possible venues.
We agree with the commenters. We are planning to offer the training
through these venues as well.
One commenter was concerned that the training requirements may
create extra work in surveillance and monitoring that will not be
compensated. The commenter stated that APHIS does not pay accredited
veterinarians enough for the services they render.
When APHIS pays accredited veterinarians for performing their
duties, the individual disease control programs decide how much to pay.
The veterinary accreditation program exists simply to provide a
structure and requirements for the accreditation of veterinarians and
to keep track of which veterinarians are accredited. The training
requirements themselves will not create any surveillance or monitoring
work for accredited veterinarians.
One commenter stated that the renewal process should involve
minimal paperwork and logistics that might deter veterinarians from
participation in the program. Another commenter was concerned that
APHIS may not have the financial and human resources to review and
renew licenses and to develop and administer supplemental training
units to veterinarians every 3 years.
We agree with the first commenter. We anticipate that the new NVAP
Web site, plus the associated database of accredited veterinarians,
will centralize access to information and training for accredited
veterinarians, reducing the amount of time necessary to fill out
paperwork. We also expect that the Web site and the database of
accredited veterinarians will help us to provide timely service to our
customers.
One commenter suggested that we grant eligibility for developing
supplemental training units to industry organizations. Another
suggested that we grant the same eligibility to State animal health
authorities.
If industry organizations or State animal health authorities are
willing to work with us to develop training that addresses NVAP issues,
we would welcome and support their efforts. Final approval of the
training would rest with APHIS. We are already working with Iowa State
University to develop the training that will be initially offered to
accredited veterinarians.
One commenter stated that, even with the 3-year renewal period, a
veterinarian could lack appropriate knowledge of emerging diseases. The
commenter suggested that APHIS develop a method for rapid information
dissemination to accredited veterinarians regarding emerging diseases
or disease outbreaks.
We agree. The updated contact information in the database of
accredited veterinarians and our Web site will allow us to communicate
information to accredited veterinarians rapidly when we need to.
One commenter, the Association of Zoos and Aquariums, asked for
information regarding waivers from the supplemental training
requirements for institutions accredited by that association.
Accreditation by the Association of Zoos and Aquariums does not
address all the issues that arise in the performance of NVAP accredited
duties. Therefore, we would not provide waivers for institutions
accredited by that association. The same would apply to other such
industry organizations.
One commenter asked whether the cost of supplemental training units
or training for accreditation specializations would be tax deductible.
The supplemental training will be provided free of charge through
the Web. We recommend that veterinarians consult with their tax
preparers regarding whether costs associated with training are tax
deductible.
One commenter asked whether accredited veterinarians would be
compensated by APHIS for work performed during a disease emergency.
APHIS compensates accredited veterinarians for any work they
perform on behalf of the agency.
One commenter asked what topics would be addressed in the training.
Some of the topics have been mentioned earlier in this document. In
general, the topics are a mix of general disease control and prevention
topics and species-specific information. Some other topics addressed in
the training modules include: ``Vesicular Diseases,'' ``Small Ruminant
Health Certificates and Scrapie,'' and ``Federal Animal Health Laws.''
A complete list of topics is available on the NVAP Web site at (http://www.aphis.usda.gov/animal_health/vet_accreditation/).
One commenter asked how long each supplemental training unit will
take to complete.
Each supplemental training unit will take approximately 1 hour to
complete.
One commenter asked how effective online veterinary training
programs are.
APHIS has experience delivering Web-based training through the
AgLearn site at (http://www.aglearn.usda.gov). We have found it to be
effective.
Notification and Procedures for Renewal
We received several comments regarding the process APHIS will use
to notify accredited veterinarians that they need to renew their
accreditation and regarding the procedures for renewal.
In the June 2006 proposed rule, proposed paragraph (d) of Sec.
161.3 outlined the process we would use to
[[Page 65005]]
notify accredited veterinarians that they need to renew their
accreditation. We stated in the Background section of the proposed rule
that 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
received 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.
One commenter stated that procedures should be implemented to
ensure and verify that all currently accredited veterinarians have been
contacted with the information necessary for their continuation of
accreditation activities and that they have responded to APHIS. The
elimination of veterinarians from the list of accredited veterinarians
without verification that they have been contacted and made aware of
the changes, the commenter stated, could create problems if an
individual not aware of the changes in the regulations continues to
issue health certificates.
Since the publication of the June 2006 proposed rule, we have
developed a new plan for ensuring that accredited veterinarians are
aware of the need to elect to continue to participate in the
accreditation program. We no longer anticipate that we will contact
veterinarians individually. Instead, we plan to publish announcements
of the new accreditation regulations and veterinarians' resultant
obligations in veterinary list serves, veterinary medical association
newsletters, State regulatory organization publications, and industry
publications. These media all have high visibility in the veterinary
medicine community and are effective ways to reach the highest number
of accredited veterinarians possible. We will also announce the new
renewal requirements at State veterinary medical association meetings.
These announcements will include a link to the NVAP Web site, which
will contain information about the new regulations, along with a phone
number and an address to contact for more information. We will provide
notice of the new requirements through these methods for 3 months.
After the 3-month notification period, accredited veterinarians will
have 3 months to elect to continue to participate in the veterinary
accreditation program, the same as the response period we described in
the June 2006 proposed rule.
Although contacting each accredited veterinarian individually, as
we discussed in the June 2006 proposal, would provide the highest level
of assurance that all accredited veterinarians are aware of the new
renewal requirements, logistical and cost issues make such individual
contact unrealistic. In part due to the previous lack of renewal
requirements for veterinary accreditation, APHIS does not have current
contact information for many accredited veterinarians; in order to
obtain such contact information, we would have to place announcements
in the same media as we are planning to use to notify veterinarians of
the new requirements. Placing announcements of the new requirements in
high-visibility media like those listed earlier will also be more cost-
effective than sending individual notifications to approximately 66,000
accredited veterinarians. Therefore, we are no longer planning to
contact accredited veterinarians individually. Accordingly, we have
changed proposed paragraph (d), which stated that APHIS would contact
currently accredited veterinarians to notify them that they must elect
to participate in the NVAP as a Category I or Category II veterinarian,
to state that APHIS will provide notice for 3 months to currently
accredited veterinarians that they must elect to continue to
participate in NVAP.
In response to the commenter's concern, we recognize that despite
the duration and magnitude of the multimedia notifications that we have
planned, there may be some accredited veterinarians who fail to receive
notice of their obligations to renew their accreditation in order to
continue to participate in the accreditation program. As the 3-month
response period nears its end, Veterinary Services will notify
veterinarians who routinely perform accredited veterinarian duties and
have not yet elected to continue participating as accredited
veterinarians, to ensure that such veterinarians do not inadvertently
let their accreditation lapse. However, for the reasons discussed
above, we will not be able to notify those accredited veterinarians who
rarely or never perform accredited duties.
Two commenters stated that APHIS should notify veterinarians before
the deadline for renewal even after the initial accreditation.
We agree with these commenters. Once accredited veterinarians have
completed an initial renewal, we will be able to send out notifications
to all veterinarians well before their deadline for renewal, reminding
them of the supplemental training requirements they must fulfill.
Veterinarians will also be able to access their profile on a Web site
to review their renewal and training status, as well as their address
and other aspects of their profile.
Proposed paragraph Sec. 161.3(a) stated that accredited
veterinarians who wish to continue participating in the NVAP must
submit their renewal forms to APHIS. One commenter recommended that
renewal forms be submitted in duplicate to both APHIS and the Area
Veterinarians-in-Charge (AVICs) of the States in which the veterinarian
is accredited, or that a mechanism be established to notify the AVICs
in question immediately. Two other commenters suggested that we require
that the form be sent to the AVICs and forwarded to APHIS.
If we required veterinarians who are accredited in multiple States
to send their renewal forms to the AVICs of each of the States in which
they are accredited, the veterinarians would have to send multiple
copies of forms containing the same information to different addresses.
We would like to minimize such paperwork burdens. Instead, we are
requiring that the forms be sent to APHIS.
The database containing the accredited veterinarians will be
updated immediately when an accredited veterinarian completes his or
her renewal. In this way, instant notice of the renewal would be
provided to the AVICs, since they would have access to the database. We
are planning to send electronic notifications to the AVICs as well.
We are making a related change in this final rule to require
veterinarians who wish to become accredited to submit their
applications for initial accreditation and applications for changes in
accreditation category to APHIS, rather than to the AVIC. This will
reduce confusion by providing one common point of contact for
veterinary accreditation.
One commenter recommended that APHIS maintain and publish a single,
accurate, and up-to-date list of accredited veterinarians by
accreditation category.
The new database of accredited veterinarians will allow AVICs and
State animal health officials to access this information. We would not
publish
[[Page 65006]]
a veterinarian's name for the general public, however, unless the
veterinarian gave us permission to release it.
We are making a few changes in this final rule to the renewal
requirements in the February 2007 supplemental proposal. In that
document, we proposed to require that newly accredited veterinarians
renew their accreditation within 3 years of completing the initial
accreditation training in proposed Sec. 161.1(e)(3), regardless of
when their accreditation is granted. This training is typically given
by veterinary schools at some point during the veterinarians' course of
study; our proposed requirement was intended to ensure that
veterinarians had up-to-date training based on the last training they
had received. However, the NVAP presently does not have a means to
track when veterinarians complete the initial accreditation training.
In addition, we believe that dating the renewal period from the
completion of the core orientation program described in Sec.
161.1(e)(4) is more appropriate and would place less of a burden on
accredited veterinarians, since the core orientation program covers
topics essential to accreditation and is typically given after the
initial accreditation training. Therefore, this final rule requires
newly accredited veterinarians to renew their accreditation 3 years
after completion of the core orientation program in Sec. 161.1(e)(4).
In addition, under Sec. 161.1(e)(4), this final rule requires
applicants for accreditation to apply within 3 years of completing core
orientation.
Proposed paragraph Sec. 161.3(d) set out the conditions under
which veterinarians who are accredited as of the effective date of this
final rule would renew their accreditation. This paragraph referred
both to these veterinarians' ``first renewal'' and their ``initial
renewal.'' We are amending the paragraph to refer only to the
veterinarians' ``first renewal'' to avoid ambiguity. Additionally, the
last sentence of this proposed paragraph indicated that, after their
first renewal, veterinarians accredited as of the effective date of
this final rule would be required to renew their accreditation in
accordance with the provisions of Sec. 161.3. We have removed this
sentence from this final rule, as we believe it is self-evident.
Program Certifications (Accreditation Specializations)
We proposed to add a new Sec. 161.5 to the regulations setting out
the conditions under which accredited veterinarians could earn
accreditation specializations. 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 have been known as accreditation specialization
programs.
We are making one change to proposed Sec. 161.5 in this final
rule. In the June 2006 proposal, we introduced the term ``accreditation
specializations.'' We have since decided that this term could create
confusion given the common meaning of the term ``specialization'' in
veterinary medicine. In veterinary medicine, ``specialization'' refers
to a discipline such as oncology or thoracic surgery in which a
veterinarian has completed extensive training over a period of years
and achieved a board certification. We believe the term ``program
certification'' refers more directly to what the training will allow a
veterinarian to do -- participate in program-specific Veterinary
Services activities -- and will be less likely to cause confusion.
Therefore, in the regulatory text in Sec. 161.5, we have replaced all
references to ``accreditation specializations'' with references to
``program certifications'' in this final rule.
Currently, APHIS is developing program certifications for testing
in the tuberculosis program for cervidae and in the scrapie program for
ovines.
In a final rule published in the Federal Register on October 10,
2008 (73 FR 60463-60488, Docket No. APHIS-2006-0089), and effective on
November 10, 2008, we established a voluntary swine herd certification
program for trichinae. To accommodate this program, we added a new
Sec. 161.5 to the regulations that provides for accreditation
specializations. This final rule revises Sec. 161.5 as it was
established in the October 2008 final rule to refer to program
certifications and to add provisions from the June 2006 proposed rule,
such as requiring Category II accreditation in order to earn a program
certification, that are not currently included in Sec. 161.5.
In addition, the October 2008 final rule added a definition of
qualified accredited veterinarian to Sec. 160.1 that refers to
accreditation specializations. The regulations in 9 CFR part 149, which
was established by the October 2008 final rule, also contain references
to accreditation specializations. This final rule updates those
references to refer instead to program certifications.
One commenter stated that future program certification requirements
should only be made after consulting with industry and State animal
health officials to prevent the process from imposing undue costs on
accredited veterinarians.
In all cases, Veterinary Services will work with affected
industries and States to ensure that the program certifications we
establish are useful and rigorous. Specific decisions about the
structure and content of program certifications will be made by the
programs that establish them.
One commenter recommended that we develop a program certification
for aquaculture.
The aquaculture program in Veterinary Services presently plans to
develop a program certification. It is important to note that the
decision to develop an accreditation specialization is made by the
specific program for which the specialization will be used, and not by
the NVAP. The NVAP will document which accredited veterinarians have
earned program certifications and, if renewal requirements exist, when
renewal is due.
We are making one other change related to program certifications in
this final rule. In the June 2006 proposed rule, paragraph (a) of Sec.
161.7 would have required full-time Federal (including military) and
State employed veterinarians to qualify under Sec. 161.5 in order to
perform duties for which a program certification is required. However,
these veterinarians are not required to be accredited in order to
perform duties under subchapters B, C, and D of 9 CFR chapter I, and
veterinarians are required to be accredited under Category II in order
to earn a program certification. In addition, the authorization of any
full-time Federal (including military) and State employed veterinarian
to perform duties under the regulations is contingent on delegation of
authority by the Administrator or cooperative agreements; APHIS would
not delegate authority to perform duties that would otherwise require a
program certification unless the full-time Federal (including military)
and State employed veterinarian had the appropriate training.
Accordingly, this final rule does not include that proposed
requirement.
In a related matter, proposed paragraph (a) of Sec. 161.7 in the
June 2006 proposed rule referred to authorization for full-time Federal
(including military) and State employed veterinarians to perform
Category II accredited duties. This paragraph was based on a footnote
to the definition of accredited veterinarian in Sec. 160.1; the
footnote referred to authorization to perform
[[Page 65007]]
functions specified in subchapters B, C, and D of 9 CFR chapter I. As
full-time Federal (including military) and State employed veterinarians
are not accredited, it is inappropriate to refer to ``Category II
accredited duties'' in this context. Therefore, we are amending
proposed paragraph (a) of Sec. 161.7 in this final rule to refer
instead to functions specified in subchapters B, C, and D of 9 CFR
chapter I.
Suspension and Revocation of Veterinary Accreditation
The regulations in Sec. 161.4 have provided for the suspension or
revocation of veterinary accreditation as well as civil and criminal
penalties. We proposed to move these requirements to Sec. 161.6, add
relevant requirements from Sec. 161.2, and update the requirements to
make them clearer and to enhance the integrity of the NVAP.
One commenter stated that it is unclear whether a veterinarian who
has requested a hearing to challenge a suspension, revocation, or
denial of accreditation may perform accredited duties while waiting for
the hearing. The commenter stated that common sense would indicate such
duties could not be performed if accreditation was denied, but in the
case of veterinarians under suspension or revocation, it could be
argued that the duties could continue to be performed until
accreditation is removed after the hearing.
The regulations in 9 CFR part 162 set out the rules of practice
governing revocation or suspension of veterinarian' accreditation.
Section 162.10 sets out conditions for summary suspension of veterinary
accreditation, including the circumstances in which the Administrator
may determine that it is necessary to summarily suspend a
veterinarian's accreditation. The summary suspension regulations may
apply pending the final outcome of a proceeding either to suspend or
revoke accreditation. Once an accredited veterinarian's accreditation
has been summarily suspended, that veterinarian may not perform
accredited duties until a final determination of his or her status has
been made.
In response to the comment, this final rule amends Sec. 162.10 to
make it clear that summary suspension may be appropriate in cases that
may ultimately lead to either suspension or revocation.
We are making an additional changes to the regulations in Sec.
162.10 in this final rule. These regulations have provided that the
Administrator may summarily suspend accreditation 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,'' and the Administrator determines that summary suspension is
necessary to prevent the introduction of certain diseases or to ensure
that exports to foreign countries were free from disease. This language
predates the enactment of the Animal Health Protection Act (AHPA). The
AHPA allows summary suspension of accreditation whenever the Secretary
of Agriculture has reason to believe that a veterinarian has knowingly
violated the AHPA. (Because the NVAP regulations are promulgated under
the AHPA, any violation of the ``Standards for Accredited Veterinarian
Duties'' is necessarily a violation of the Act.) Therefore, to be
consistent with our statutory authority, we are amending Sec. 162.10
to refer to violation of the AHPA as a reason for summary suspension.
In the June 2006 proposal, we proposed to modify Sec. 162.10 to
include the need to maintain the integrity of the NVAP as one of the
circumstances the Administrator may consider in determining whether to
summarily suspend a veterinarian's accreditation. We received no
comments on this aspect of the proposal. However, we have determined
that it is not necessary to add such a provision to the summary
suspension regulations, as any breach of the integrity of the NVAP
would also necessarily be a violation of the NVAP regulations
promulgated under the AHPA. Accordingly, this final rule does not
include the integrity of the NVAP as a reason for summary suspension.
Veterinarians whose application for accreditation is denied are
covered by Sec. 161.7(b) in this final rule, which states that, except
for full-time Federal and State employed veterinarians, anyone who
performs accredited veterinarian duties that he or she is not
authorized to perform will be subject to such criminal and civil
penalties as are provided by the Animal Health Protection Act (7 U.S.C.
8301 et seq.) or other applicable Federal statutes or regulations.
Paragraph (b) of Sec. 161.7 also states that performing accredited
duties without having been accredited will be considered grounds for
the Administrator to deny an application for accreditation.
One commenter stated that public complaints lodged against an
accredited veterinarian in the performance of accredited duties should
be considered when determining whether to reaccredit the veterinarian.
However, the commenter stated, in order to do so there must be a
process by which such complaints can be lodged, and there is currently
no clear point of contact for a member of the public who may have a
legitimate complaint against an accredited veterinarian regarding an
improperly issued health certificate. The commenter recommended that we
address this issue in the regulations, including the process by which
such complaints would be investigated.
Veterinary Services area offices are the points of contact for
members of the public who wish to lodge a complaint about an accredited
veterinarian's performance of accredited duties. Contact information
for Veterinary Services area offices can be found on the Veterinary
Services Web site at (http://www.aphis.usda.gov/animal_health/area_offices/). Paragraph (c)(2)(iii) of Sec. 161.6 provides that the NVAP
will consider the professional integrity and reputation of applicants
for reaccreditation when determining whether to reaccredit such
veterinarians.
Activities Performed by Non-Accredited Veterinarians
We proposed to add a new Sec. 161.7 to 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. The proposed rule further stated that,
except for full-time Federal (including military) and State employed
veterinarians, 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
or other applicable Federal statutes or regulations.
One commenter stated that the authorization granted to Federal and
State full-time veterinarians should be granted to veterinarians
employed by tribal governments as well, if the tribal veterinarians are
acting in the same function for their tribal government that Federal
and State employed Veterinarians are providing. The commenter stated
that tribal veterinarians are even more aware of current regulatory
requirements for interstate movement and export of animals because of
the nation-to-nation agreements necessary to allow such movement from
tribal lands.
We appreciate the commenter's suggestion. However, there would be
[[Page 65008]]
several obstacles to allowing veterinarians employed by tribes to
perform accredited duties without being formally accredited. Much of
accreditation work involves certifying an animal for entry into
interstate or international commerce. State and country laws and
regulations are typically set up to recognize the State or country of
origin for an animal in commerce. States or countries may not be able
to recognize accredited work performed on a reservation, which is
considered to be a nation, for animal health movement purposes.
In addition, Federal and State employed veterinarians who are
exempt from accreditation requirements function within a hierarchical
structure that provides them with training and with continual updates
regarding regulatory changes and animal health-related events. The
regulatory work performed by these individuals is reviewed by a
supervisory chain of command for accuracy and comprehensiveness. A
veterinarian who is exempt from accreditation requirements but allowed
to perform accredited duties on a reservation would not have an
analogous animal health infrastructure to provide necessary updates or
evaluate performance. Therefore, we are making no changes to the
proposed regulations in response to this comment.
Noting that the proposed rule would have prohibited the performance
of accredited duties by ``veterinarians who are not federally
accredited,'' two commenters recommended that this section address the
problem of people who are not veterinarians who perform accredited
duties, such as when non-veterinarians issue fraudulent health
certificates. One of these commenters also recommended that we address
the problem of an accredited veterinarian performing duties that he or
she is not authorized to perform.
We agree that these situations need to be addressed. In this final
rule, we are changing the proposed language to state: ``Anyone who
performs accredited veterinarian duties that he or she is not
authorized to perform will be subject to such criminal and civil
penalties as are provided by the Animal Health Protection Act (7 U.S.C.
8301 et seq.) or other applicable Federal statutes or regulations.''
This statement indicates that both non-veterinarians who perform
accredited duties and accredited veterinarians who perform duties that
they are not authorized to perform (for example, an accredited
veterinarian performing program certification work for which he or she
is not authorized) will be subject to criminal and civil penalties.
Customer Service
We received five comments addressing various aspects of the NVAP's
customer service. These comments are not related to the provisions in
the June 2006 proposal or the February 2007 supplemental proposal, and
we are making no changes in this final rule based on them. We address
these comments below.
Four commenters asked us to make information more readily available
to accredited veterinarians through the Web and to make our Web site
easier to navigate. They requested that the relevant State and foreign
regulations for animal movement be posted on a Web site, and that this
information be separated from information about training. They also
requested that we explore the use of electronic templates for
certificates of veterinary inspection, encourage the use of eHealth
certificates, and format the official certificates to fit printers.
We agree with these commenters, and we are working to develop such
resources. We plan to provide links to State and foreign regulations
for animal movement on the NVAP Web page. We are developing an
electronic certificate of veterinary inspection (also referred to as
the eCVI), which will provide many benefits to users. We encourage
additional feedback on the NVAP Web site, as we are continually looking
for ways to better serve accredited veterinarians with Web resources.
Three commenters were concerned about the assistance that APHIS
area offices provide to accredited veterinarians. One asked us
generally to be more customer-friendly and supportive of veterinarians
in the field. Another commenter cited a frustrating experience when
attempting to process a certificate of veterinary inspection. One
commenter requested that we provide not more than 24-hour turnaround
time for documents such as endorsements of certificates of veterinary
inspection, and that we respond to telephone or e-mail inquiries in
less than 24 hours. This commenter also requested that we provide 24-
hour-a-day, 7-day-a-week contact information so that accredited
veterinarians can get information at night or on weekends.
We appreciate these commenters' concerns. Our area offices always
strive to provide the highest possible level of customer service to
accredited veterinarians and to respond promptly to requests for
services and information. Planned upgrades to our information
technology systems may address some of these concerns. For example, the
eCVI will facilitate the completion and endorsement of inspection
certificates. Additionally, the NVAP Web site will feature responses to
frequently asked questions as well as resources for topics of interest.
We always respond to requests for information as quickly as we are
able to do so. At this time, we do not have the resources to provide
continuous access to APHIS employees that was requested by one
commenter. We will continue to pursue means by which to make
information easily and promptly available to accredited veterinarians.
Miscellaneous Changes
We are making three miscellaneous changes in this final rule.
The definition of herd or flock health plan in the June 2006
proposal stated that participants in such a plan undertake actions to
``control a disease or diseases.'' However, a herd or flock health plan
may be necessary for a herd or flock in which a disease has recently
been eradicated, meaning that the goal of the plan would be to prevent
the disease from recurring. We have amended this definition to refer
instead to maintaining the health of the animals and detecting signs of
communicable disease.
The current regulations in Sec. 161.2(a)(2)(iii), which describe
the State-specific orientation program that a veterinarian must
complete prior to accreditation, refer to the veterinarian completing
an orientation program approved by the Veterinarian-in-Charge for the
State in which the veterinarian wishes to practice. As discussed
earlier in this document, a non-accredited veterinarian may practice
normal veterinary medicine on any animal; accreditation allows a
veterinarian to perform specific, disease control-related accredited
tasks. To ensure clarity, we are replacing the word ``practice'' with
the words ``perform accredited duties'' as part of moving this
paragraph to Sec. 161.1(e)(4) in this final rule.
The February 2007 supplemental proposal removed references to
specific form titles and numbers in the parts of the June 2006 proposal
that the supplemental proposal amended. We removed those references
because we do not believe it is necessary to refer to specific forms in
the regulations, and doing so may impede efforts to simplify the
application and renewal processes in the future. This final rule
removes the remaining references to specific form titles and numbers
that appeared in the June 2006 proposal.
Therefore, for the reasons given in the proposed rule and in this
document, we
[[Page 65009]]
are adopting the proposed rule as a final rule, with the changes
discussed in this document.
Effective Date
In order to give all involved parties time to prepare for the new
requirements for renewal of accreditation, we are making this final
rule effective on February 1, 2010.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
This final rule will establish two accreditation categories
(Category I and Category II) in place of the current single category,
add requirements for supplemental training and renewal of accreditation
every 3 years, and provide for program certifications.
Category I accreditation will require the completion of 3
supplemental training units every 3 years in order to renew
accreditation and will allow the veterinarians who choose it to perform
accredited duties only for Category I animals, as that term is defined
in Sec. 160.1 of the regulations. Category II accreditation, however,
will require the completion of 6 supplemental training units every 3
years in order to renew accreditation; veterinarians who select it will
be able to perform the full spectrum of accredited duties that do not
require a program certification. For both categories, the majority of
the supplemental training will be delivered through the World Wide Web,
with no charge to the participating veterinarians. The Internet-based
training will eliminate the need for additional costs for travel and
accommodations for the veterinarians taking the training. We will
provide the training in other media (e.g., CD-ROM or paper) at minimal
cost, and we will provide the training in a classroom setting at
meetings of veterinary associations. Thus, there will be, at the most,
minimal additional costs associated with the new aspects of the NVAP
apart from the time spent taking the training. Each supplemental
training unit will take approximately 1 hour to complete.
The program certification component that APHIS will add to the NVAP
could involve some cost to the accredited veterinarians who choose to
voluntarily participate in these program certifications.
The primary cost of changes to the program will be the new training
requirements, and these costs will be borne primarily by APHIS. If an
accredited veterinarian wants to be qualified in a program
certification, 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 changes a continuing program. Entities that will be
affected as a result of the proposed changes in the regulations will 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
27,247 in 2005; they employed 269,724 people with an annual payroll of
$7.34 billion (2005 County Business Patterns, NAICS, U.S. Census
Bureau).
We do not know how many of these establishments are considered
small entities under the SBA's standards. However, the changes in this
final rule are not expected to have any significant economic effect on
any of these 27,247 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 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 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Has no retroactive effect; and (2)
does not require administrative proceedings before parties may file
suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0297.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects
9 CFR Part 149
Animal diseases, Hogs, Laboratories, Meat and meat products, Meat
inspection, Reporting and recordkeeping requirements.
9 CFR Part 160
Veterinarians.
9 CFR Part 161
Reporting and recordkeeping requirements, Veterinarians.
9 CFR Part 162
Administrative practice and procedure, Veterinarians.
[[Page 65010]]
0
Accordingly, we are amending 9 CFR parts 149, 160, 161, and 162 as
follows:
PART 149--VOLUNTARY TRICHINAE CERTIFICATION PROGRAM
0
1. The authority citation for part 149 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136a; 7 CFR
2.22, 2.80, and 371.4.
Sec. 149.1 [Amended]
0
2. Section 149.1 is amended as follows:
0
a. In the definition of qualified accredited veterinarian (QAV), by
removing the words ``an accreditation specialization'' and adding the
words ``a program certification'' in their place.
0
b. In footnote 2, by removing the word ``specializations'' and adding
the words ``program certification'' in its place.
PART 160--DEFINITION OF TERMS
0
3. The authority citation for part 160 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80,
and 371.4.
0
4. Section 160.1 is amended as follows:
0
a. In the definition of accredited veterinarian, by removing footnote
1.
0
b. By adding definitions of Category I animals, Category II animals,
and herd or flock health plan in alphabetical order, to read as set
forth below.
0
c. In the definition of qualified accredited veterinarian (QAV), by
removing the words ``an accreditation specialization'' and adding the
words ``a program certification'' in their place.
Sec. 160.1 Definitions.
* * * * *
Category I animals. Any animals other than Category II animals,
e.g., cats and dogs.
Category II animals. Food and fiber animal species; horses; birds;
farm-raised aquatic animals; all other livestock species; and zoo
animals that can transmit exotic animal diseases to livestock.
* * * * *
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 maintain the health of the animals and
detect signs of communicable disease.
* * * * *
PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS
AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION
0
5. The authority citation for part 161 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80,
and 371.4.
0
6. Section 161.1 is amended by revising the section heading and
paragraphs (b) and (c) and adding new paragraphs (d) through (h) and an
OMB citation to read as follows:
Sec. 161.1 Statement of purpose; requirements and application
procedures for accreditation.
* * * * *
(b) Categories of accreditation. A veterinarian may be accredited
as a Category I veterinarian or a Category II veterinarian. A
veterinarian who is accredited under Category I is only authorized to
perform accredited duties on Category I animals, as defined in Sec.
160.1. A veterinarian who is accredited under Category II is authorized
to perform accredited duties on both Category I animals and Category II
animals.
(c) Application for initial accreditation. A veterinarian may apply
for accreditation by completing an application for accreditation and
submitting it to APHIS. In completing the application, the veterinarian
will choose one of the accreditation activity categories, either
Category I or Category II, as discussed in paragraph (b) of this
section. Applications for Category I accreditation must include
certification that the applicant is able to perform the tasks listed in
paragraph (g)(1) of this section. Applications for Category II
accreditation must include certification that the applicant is able to
perform the tasks listed in paragraph (g)(2) of this section. An
accredited veterinarian must not perform duties requiring a program
certification unless he or she is accredited under Category II and
qualified to perform such duties in accordance with Sec. 161.5 of this
part.
(d) Review of application. Applications for accreditation received
by APHIS 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 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, APHIS 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.
(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;
(3) The veterinarian has completed initial accreditation training,
using content provided by APHIS; and
(4) The veterinarian has completed an orientation program approved
by the Veterinarian-in-Charge for the State in which the veterinarian
wishes to perform accredited duties, 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 veterinarian applying for accreditation
must have completed the orientation program within 3 years prior to
submitting the application for accreditation. 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;
[[Page 65011]]
(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.
(f) Change in accreditation category. (1) Category I to Category
II. A veterinarian who is accredited under Category I may become
accredited under Category II if the veterinarian applies for
accreditation under Category II by completing an application for
accreditation, including certification that the applicant is able to
perform the tasks listed in paragraph (g)(2) of this section, and
submitting it to APHIS. The veterinarian must also have fulfilled the
training requirements in Sec. 161.3(b) that are associated with
renewal of accreditation under Category II.
(2) Category II to Category I. A veterinarian who is accredited
under Category II may become accredited under Category I if the
veterinarian applies for accreditation under Category I by completing
an application for accreditation, including certification that the
applicant is able to perform the tasks listed in paragraph (g)(1) of
this section, and submitting it to APHIS. The veterinarian must also
have fulfilled the training requirements in Sec. 161.3(b) that are
associated with renewal of accreditation under Category I.
(g) Tasks that 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 Category I animals
to determine whether they are free from any clinical signs suggestive
of communicable disease.
(ii) Recognize the common breeds of Category I animals and
accurately record breed information on official documents.
(iii) Apply common animal identification for Category I animals.
(iv) Properly complete certificates for domestic and international
movement of Category I animals.
(v) Perform necropsies on Category I animals.
(vi) Recognize and report clinical signs and lesions of exotic
animal diseases that occur in Category I animals.
(vii) Vaccinate Category I animals and accurately complete the
vaccination certificates.
(viii) Properly collect and ship specimen samples to the
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
Category I 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 Category I and Category II
animals, including 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 an avian flock regarding diseases
of domestic or international regulatory concern, and evaluate records
pertaining to poultry 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 consistent with
requirements in subchapters B, C, and D of this chapter.
(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.
(h) 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.
(Approved by the Office of Management and Budget under control
number 0579-0297)
0
7. Section 161.2 is 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 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 an application 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 the veterinarian receives written authorization from
APHIS to perform accredited duties in the new State.
(Approved by the Office of Management and Budget under control
numbers 0579-0032 and 0579-0297)
Sec. Sec. 161.3 and 161.4 [Redesignated]
0
8. Section 161.4 is redesignated as Sec. 161.6, and Sec. 161.3 is
redesignated as Sec. 161.4.
0
9. A new Sec. 161.3 is added to read as follows:
[[Page 65012]]
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 and submitting it to APHIS. Newly accredited
veterinarians must renew their accreditation within 3 years of
completing the orientation program described in Sec. 161.1(e)(4) of
this part, regardless of when their accreditation was granted. Other
veterinarians must renew their accreditation within 3 years of the
previous renewal.
(b) Accredited veterinarians who wish to renew their accreditation
under Category I must complete 3 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 6 supplemental training
units approved by APHIS by the end of their 3-year tenure as an
accredited veterinarian. Accredited veterinarians who wish to change
the category in which they are accredited, rather than renew
accreditation in their current accreditation category, should follow
the procedure in Sec. 161.1(f) of this part.
(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 et seq.) 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 an 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 fulfilling his or her training requirement.
(d) Veterinarians who are accredited as of February 1, 2010, may
continue to perform accredited duties between February 1, 2010, and the
date of their first renewal. APHIS will provide notice for 3 months to
accredited veterinarians who are accredited as of February 1, 2010, 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 3 months of the end of the notification
period, 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 date for first renewal. The accredited veterinarian must then
complete all the training requirements for renewal, as described in
this section, by his or her first renewal date.
(Approved by the Office of Management and Budget under control
number 0579-0297)
0
10. Section 161.5 is revised to read as follows:
Sec. 161.5 Program certifications.
A program certification 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 for which the veterinarian is seeking
program certification. Veterinarians accredited under Category I are
not eligible to earn program certifications. Accredited veterinarians
may elect to participate in a program certification on a voluntary
basis. Participants in these program certifications will be qualified
in a particular area or specialty. In addition to Category II training,
qualification for a program certification will include additional
specialized training, which may include periodic training updates. For
certain program certifications, the cost of orientation or training may
be borne by the accredited veterinarian. An accredited veterinarian
granted a program certification will be referred to as a qualified
accredited veterinarian or QAV. A QAV will be authorized to perform
those accredited duties related to the program certification he or she
has earned; accredited veterinarians not granted program certifications
will not be permitted to perform accredited duties related to that
particular program certification. If a QAV allows his or her Category
II accreditation to expire, the QAV's program certification expires as
well, and the QAV must be qualified for the program certification again
in accordance with this section.
0
11. Newly redesignated Sec. 161.6 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. By revising paragraph (a) to read as set forth below.
0
c. By redesignating paragraphs (b), (c), and (d) as paragraphs (d),
(e), and (f), respectively.
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d. By adding new paragraphs (b), (c), and (g) 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 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 et seq.) 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
[[Page 65013]]
application for reaccreditation 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 applications 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.
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12. A new Sec. 161.7 is 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 functions specified in
subchapters B, C, and D of this chapter, pursuant to delegation of
authority by the Administrator or cooperative agreements, without
specific accreditation under the provisions of this subchapter.
(b) Except as provided by paragraph (a) of this section, anyone who
performs accredited veterinarian duties that he or she is not
authorized to perform will be subject to such criminal and civil
penalties as are provided by the Animal Health Protection Act (7 U.S.C.
8301 et seq.) or other applicable Federal statutes or regulations.
Performing accredited duties without having been accredited will be
considered grounds for the Administrator to deny an application for
accreditation.
PART 162--RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF
VETERINARIANS' ACCREDITATION
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13. The authority citation for part 162 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80,
and 371.4.
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14. Section 162.10 is revised to read as follows:
Sec. 162.10 Summary suspension or revocation 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 knowingly violated the Animal Health Protection
Act (7 U.S.C. 8301 et seq.), the Administrator may summarily suspend
the accreditation of such veterinarian pending final determination in
either a suspension or revocation 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.
Sec. 162.12 [Amended]
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15. In Sec. 162.12, paragraphs (b), (c), and (d) are redesignated as
paragraphs (c), (d), and (b), respectively.
Done in Washington, DC, this 1\st\ day of December 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-29253 Filed 12-08-09; 1:26 pm]
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