New Jersey Statewide Navigation Bar
NJ Office of the Attorney General
Division of Consumer Affairs

NEW JERSEY REGISTER
VOLUME 36, NUMBER 16
MONDAY, AUGUST 16, 2004
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF VETERINARY MEDICAL EXAMINERS
RULES OF THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS

Proposed Readoption with Amendment: N.J.A.C. 13:44

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

Authority: N.J.S.A. 45:16-3.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2004-304.

Submit comments by October 15, 2004 to:

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

The agency proposal follows:


Summary

The State Board of Veterinary Medical Examiners (the Board) proposes to
readopt N.J.A.C. 13:44 with an amendment. These rules are scheduled to
expire on January 15, 2005 pursuant to N.J.S.A. 52:14B-5.1.

The Board notes that P.L. 2003, c.227 amended provisions in N.J.S.A.
45:16-1 et seq. and that portions of N.J.A.C. 13:44 need to be amended to
reflect these changes. The Board is currently drafting amendments to N.J.
A.C. 13:44D and will propose these changes in the future.

The Board has undertaken a review of the existing provisions of N.J.A.C.
13:44 in order to determine their necessity and reasonableness. The Board
believes that the rules proposed for readoption, as amended, are necessary,
reasonable, understandable and responsive for the purpose for which they were
originally promulgated. The following summarizes each subchapter in N.J.A.C.
13:44 and an amendment proposed to the existing rules.

Subchapter 1 outlines the licensing procedure. N.J.A.C. 13:44-1.1 requires
an applicant who wishes to take the New Jersey Licensing Examination to submit
to the Board evidence that the applicant: has been awarded a degree in
veterinary medicine from a veterinary college or university accredited by the
American Veterinary Medical Association (AVMA); will be awarded a degree in
veterinary medicine during the current academic year from a college or
university accredited by the AVMA; or has completed the training program
administered by the Education Commission for Foreign Veterinary Graduates
(ECFVG) of the AVMA. An applicant also must submit proof of obtaining a passing
grade on the National Board Examination and the Clinical Competency Test or the
North American Veterinary Licensing Examination. An applicant for the New
Jersey Licensing Examination who has completed these requirements and has
received either a doctoral degree from a veterinary college or university
accredited by the AVMA, or who has completed an ECFVG program, may apply for a
temporary permit. A temporary permit allows an applicant to be employed as an
assistant veterinarian in New Jersey as long as the applicant is supervised by
a licensee. The Board may deny licensure to an applicant if there is proof of a
basis for the refusal to issue a license pursuant to N.J.S.A. 45:1-21.

N.J.A.C. 13:44-1.2 lists the documentation an applicant must provide to the
Board prior to taking the New Jersey Licensing Examination. An applicant must
submit: a completed application form; the application fee set forth in
N.J.A.C. 13:44-5.1; two photographs of passport size and style; and National
Board Examination and Clinical Competency Test score, or the North American
Veterinary Licensing Examination score. If the applicant graduated from an AVMA
accredited college or university, the applicant must arrange that a transcript
from the college or university be sent to the Board. If the applicant graduated
from an ECFVG program, the applicant must arrange that notification that the
applicant completed the program be sent to the Board.

N.J.A.C. 13:44-1.3 sets forth passing scores for the New Jersey Licensing
Examination, consisting of Practical and Jurisprudence Examinations, and allows
an applicant to review the examination if he or she has failed. An applicant is
required to obtain a grade of 70 or better on the New Jersey Licensing
Examination. If the applicant fails the examination, he or she may apply in
writing to the Board to review questions answered incorrectly. The Executive
Director will provide, at the Board offices, a copy of the questions answered
incorrectly, the applicant's incorrect answers and the correct answers. An
applicant is permitted to appeal his or her grade, in writing, to the Executive
Director within 14 days of such a review. The Board shall consider the appeal
within 30 days of filing.

N.J.A.C. 13:44-1.4 allows the Board to license veterinarians from other
states if they have passed the New Jersey Jurisprudence Examination. Applicants
for waiver of the New Jersey Practical Examination must show that they hold a
valid license in another state with education requirements substantially
similar to those required for licensure in New Jersey for a minimum of five
years. They also must show that they have practiced for three of the past five
years, qualified for licensure pursuant to N.J.S.A. 45:16-6 and have passed
either the National Board Examination and Clinical Competency Test or the North
American Veterinary Licensing Examination, except for veterinarians licensed
prior to the effective dates of these examinations.

N.J.A.C. 13:44-1.5 sets forth the documents that an applicant for licensure
by waiver of examination must submit to the Board. The applicant must send the
Board all the documents required pursuant to N.J.A.C. 13:44-1.2,
certification from any State in which the applicant is licensed stating that
his or her license is valid, a statement of good standing from any entity which
authorizes the applicant to practice veterinary medicine and three notarized
certifications of work experience written by licensed veterinarians from the
state where the applicant is licensed.

N.J.A.C. 13:44-1.6 deals with renewal of licensure. The rule requires
licensees to obtain a certificate of registration for every biennial period in
which they practice. The Board will send out renewal applications at least 30
days before the renewal is due. Licensees are required to pay a biennial
renewal fee and a late fee for untimely renewals which are up to 60 days late.
A license will be suspended if a licensee's renewal is more than 60 days late.
Any suspended licensee shall not practice veterinary medicine. A suspended
licensee shall be reinstated upon receipt of the renewal application, the
reinstatement fee and all past-due renewal fees. When applying for renewal,
licensees are required to submit: the name, address and telephone number of any
veterinary facility in which the licensee will practice for 500 hours or more a
year; the type of practice; the legal organization of the practice; and the
name of the principals of such legal organization.

N.J.A.C. 13:44-1.7 sets out the procedures for reinstatement of licenses
which have been suspended pursuant to N.J.A.C. 13:44-1.6. A licensee shall
be reinstated as long as the licensee presents no basis for concern as to
competency, meets the requirements of N.J.S.A. 45:1-14 and submits to the
Board the application, current and all past due biennial registration fees, and
the reinstatement fee set forth in N.J.A.C. 13:44-5.1. A licensee who has
not practiced veterinary medicine for five years shall submit to reexamination
and may be required to take continuing education requirements.

N.J.A.C. 13:44-1.8 allows a licensee to register with the Board as non-
active, a status which does not permit the licensee to practice veterinary
medicine in the State of New Jersey. The non-active licensee must pay the non-
active registration fee as set forth in N.J.A.C. 13:44-5.1 and submit to the
Board written proof that he or she does not reside or practice in this State. A
non-active licensee may commence practice upon payment of the renewal fee as
set forth in N.J.A.C. 13:44-5.1. If a non-active licensee does not practice
for five years or more, he or she shall comply with the dictates of N.J.A.C.
13:44-1.7(b).

N.J.A.C. 13:44-1.9 requires licensees to have proof of licensure available
wherever they practice.

N.J.A.C. 13:44-2 deals with temporary permits which allow applicants for
the New Jersey Licensing Examination to work as assistants to licensees.
N.J.A.C. 13:44-2.1 requires a non-licensed veterinarian to obtain a permit
before working for a licensee. The rule is proposed for amendment to correctly
reflect that the rule that governs issuance of temporary permits is N.J.A.C.
13:44-2.2 and not N.J.A.C. 13:44-1.1(c).

N.J.A.C. 13:44-2.2 sets out eligibility requirements for a temporary permit
and the general restrictions placed on a permit holder. An applicant for a
temporary permit must have received a passing grade on either the National
Board Examination and the Clinical Competency Test or the North American
Veterinary Licensing Examination, must be seeking employment at a veterinary
practice in New Jersey and both the licensee and the non-licensed veterinarian
must be fit and competent for either continuing licensure or initial licensure,
respectively. A non-licensed veterinary who fails the New Jersey Licensing
Examination must reapply for a temporary permit within two weeks of the
issuance of the examination results. A non-licensed veterinarian who has failed
the New Jersey Licensing Examination four times shall not be allowed to work
under a temporary permit. The rule permits the non-licensed veterinarian to
continue to retake the New Jersey Licensing Examination until he or she passes.
A temporary permit is not transferable.

N.J.A.C. 13:44-3.1 provides definitions relevant to the practice of
veterinary medicine such as "animal or veterinary facility," "person,"
"practice of veterinary medicine, surgery or dentistry" and "qualified
veterinary graduate."

N.J.A.C. 13:44-4 sets out how licensees shall conduct their practices.
N.J.A.C. 13:44-4.1 requires a licensee to label any dispensed medication
with the name of the patient, the name of the drug, the strength per unit, the
number of units dispensed, the directions for use, precautionary statements,
the date dispensed and his or her name and license number. A veterinarian is
allowed to prescribe, dispense or distribute prescription items if there is a
valid veterinarian-client-patient relationship and if the prescription is
properly recorded in the medical record. A licensee is allowed to dispense
prescription items without a valid veterinarian-patient-client relationship if
the licensee is dispensing based on a prescription issued by another licensee.
A licensee cannot prescribe or fill a prescription when the licensee knows or
reasonably should know that the prescription is to be used for an illegal or
illicit purpose by the recipient. When requested to do so, a licensee is
required to provide a written prescription to a client. A prescription may be
issued by a licensee to a dispenser either orally, in writing, or by electronic
communication. A prescription shall be recorded in the patient's medical
records.

N.J.A.C. 13:44-4.2 allows licensees who work for municipal rabies clinics
sponsored by the State of New Jersey, or who perform emergency services on
behalf of any State, Federal, municipal or county agency, to perform that work
without a valid veterinarian-client-patient relationship and without
maintaining medical records as required by N.J.A.C. 13:44-4.9.

N.J.A.C. 13:44-4.3 allows unlicensed agents of Cook College of Rutgers, The
State University, and members of the poultry industry to perform certain
poultry husbandry procedures so long as they do not represent themselves as
veterinarians, diagnose disease or otherwise practice veterinary medicine. This
provision applies only to poultry. Any husbandry procedure performed on caged
or exotic birds must be performed by a licensee.

N.J.A.C. 13:44-4.4 deals with licensees who service pet shops. Licensees
who provide services to pet shops are required to print their names and license
numbers on each animal's health certificate or "Fit for Purchase" form. A
licensee who signs an animal health certificate or "Fit for Purchase" form
must: examine a pet before prescribing or administering any medication; comply
with N.J.A.C. 13:44-4.1 regarding prescriptions; supply medications that
need a prescription to a pet shop only if they are administered by a licensee,
the pet shop owner or a designated agent of the owner; and keep a record of
medications furnished to pet shops.

N.J.A.C. 13:44-4.5 states that it is professional misconduct for a licensee
to accept any form of compensation for referring a patient.

N.J.A.C. 13:44-4.6 allows veterinary facilities to continue operating for a
limited time after a licensee has died. An unlicensed spouse, executor or
administrator of a licensee's estate may continue to operate a facility for two
years in order to convey or liquidate the practice as long as a substitute
licensee is employed to conduct the practice of veterinary medicine in the
interim. This two-year period may be extended upon written request to the Board
outlining good cause for the extension. An unlicensed owner must provide the
Board with the substitute licensee's name within three months of the licensed
owner's death. The substitute licensee must inform the Board of his or her
intent to assume responsibility for the facility. Both the owner and the
substitute licensee must inform the Board if the substitute licensee's services
are terminated.

N.J.A.C. 13:44-4.7 requires licensees to provide emergency care.

N.J.A.C. 13:44-4.8 regulates advertising. A licensee is allowed to
advertise in print or electronic media provided that the information presented
is not false, misleading, fraudulent or deceptive. It is professional
misconduct for a licensee to claim in an advertisement that: services are
superior to those ordinarily performed unless there is proof of superiority; a
facility is an emergency facility unless the facility meets the requirements
of N.J.A.C. 13:44-4.11; a licensee is a specialist if he or she is not
certified by a speciality board; or a cure will result from professional
services. It is also professional misconduct if a licensee makes any
misrepresentation in an advertisement. A licensee is required to substantiate
the truthfulness of any material representation in an advertisement. When a
licensee advertises fees, the advertisement may only state a fixed range of
fees for specific veterinary services. An advertisement of fees must include
the services covered by the fee. If a discount is offered, the fee that is
being discounted and the effective date for the discount must be included.
Advertisements that contain the name, address and telephone number of a
facility must also contain the name of at least one licensee offering services
at the facility. A licensee is presumed to have approved and be responsible for
any advertisement which contains the licensee's name, office address or
telephone number. A licensee who employs an agent in the course of advertising
shall be presumed responsible for the form and content of the advertisement. A
licensee who uses the title Doctor in an advertisement is required to include
either his or her degree or the term "veterinarian" in the advertisement in
order to make it clear that the licensee is not a medical doctor. A licensee is
required to keep a copy of all advertisements, with the date and place of
publication, for three years and to provide them to the Board for review upon
request. Any testimonial in an advertisement must be based on personal
knowledge or experience. A licensee must be able to support any statement of
fact in the testimonial.

N.J.A.C. 13:44-4.9 deals with patient records. A licensee is required to
maintain records which include: the name of the facility and licensee; the
name, address and telephone number of the owner; an identification of the
animal, flock or herd; a history of the presenting problem; symptoms; tests and
their results; diagnoses; treatment prescribed; any other relevant information
dealing with the animal's condition; the name of the person making the entry in
the record; and copies of any consent form signed by the owner. Licensees are
required to maintain records for five years from the date of the animal's last
visit, or, if the animal has died, for three years from the last visit.
Licensees must provide copies of records to the animal's owner, a
representative or another veterinarian. A licensee who performs emergency
services is allowed to supply the usual treating licensee with the records of
such treatment. When a veterinary practice closes, the retiring licensee or
administrator of the licensee's estate shall alert the Board of the closing in
writing and either dispose of the medical records or transfer them to another
facility. Prior to disposal of records, two notices must be published in local
newspapers stating the name, address and phone number of the person to contact
in order to obtain records and that the records will be disposed of 60 days
after the second notice. Before transferring records to another facility, the
retiring licensee, executor or administrator must publish two notices in local
newspapers stating the name, address and phone number of the facility where the
records will be transferred.

N.J.A.C. 13:44-4.10 is reserved.

N.J.A.C. 13:44-4.11 concerns emergency service facilities. Any facility
that advertises itself as an emergency facility is required to have at least
one licensee and one supporting staff member on the premises during the hours
the facility is open. Advertisements for emergency facilities must include the
days and hours the facility is open and must inform consumers that a licensee
and supporting staff member will be present during those hours. All licensees
who work in an emergency facility are required to obtain a certificate of
registration or a duplicate certificate unless the licensee only assists at the
facility on an occasional relief basis. The staff at an emergency facility must
maintain a log of the licensees and support staff and the hours they worked.
This section does not apply to facilities which are not emergency facilities
and which advertise an after hours phone number to be called when the facility
is closed.

N.J.A.C. 13:44-4.12 requires a licensee to notify the Board of a change of
mailing address within 30 days of the change.

N.J.A.C. 13:44-5.1 sets forth the fees that are charged by the Board.

The Board has determined that the comment period for this proposal shall be 60
days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is
excepted from the rulemaking calendar requirement.


Social Impact

The rules proposed for readoption will continue to ensure proper health care
of animals. The rules establish practice standards and ensure that
veterinarians remain accountable to the public and the Board. The proposed
readoption of the current rules and amendment also benefit the Board and
licensees by providing procedures for the orderly administration of the Board
and by establishing clear practice guidelines.

Many of the rules proposed for readoption specifically protect the interests
of the licensee, consumers or both. N.J.A.C. 13:44-1.1(c) allows the Board
to refuse licensure to any applicant who violates the dictates of N.J.S.A.
45:1-21. This ensures that licensees will be fit to practice veterinary
medicine.

N.J.A.C. 13:44-2.1 and 2.2 allow a non-licensed veterinarian to work for a
licensee while waiting to take the New Jersey Licensing Examination, so long as
the non-licensed veterinarian obtains a permit from the Board. This assists in
the training of people who wish to be licensees and gives licensees access to
knowledgeable assistants.

N.J.A.C. 13:44-4.1 sets out requirements for licensees who dispense
medications. The rule requires that a valid relationship exists between the
licensee and the patient before prescribing medication. This measure helps to
ensure that medications are proper for the patient and that there will be no
harmful interactions. The rule allows a licensee to dispense medication
prescribed by another licensee. This allows clients to get medication from
licensees who may provide the medication at a cheaper cost or when their usual
licensee is not available. The rule also prohibits a licensee from prescribing
or dispensing medication indiscriminately or for illicit purposes. This measure
attempts to prevent the abuse of drugs dispensed by licensees. N.J.A.C.
13:44-4.1(e) requires a licensee to provide a written prescription to a client
when asked to do so. This allows consumers to find the least expensive source
for medication and discourages licensees from charging excessive fees for
medication. N.J.A.C. 13:44-4.1(f) requires that any dispensed medications
shall have a label which provides necessary information to a client as to the
strength of a drug and directions for use. This provision gives consumers more
information about medications. N.J.A.C. 13:44-4.2 specifically exempts
licensees who work in rabies clinics sponsored by the State of New Jersey, or
who provide emergency services on the behalf of municipal, county, State or
Federal agencies, from the requirements of a customary veterinarian-client-
patient relationship. This allows licensees to provide services in these
settings without establishing such a relationship and thereby being required to
comply with the Board's patient record rules which will encourage more
licensees to perform these necessary tasks. N.J.A.C. 13:44-4.4, which
requires a licensee to sign and print his or her name on any document given to
a consumer upon purchase of an animal, benefits consumers by ensuring they know
who deemed a pet fit for purchase and ensures that licensees will be
responsible for their judgments as to the fitness of an animal for sale.
N.J.A.C. 13:44-4.6, which allows a facility to continue to operate after a
licensee dies, ensures that clients have a facility to go to while they find a
replacement licensee to attend to their animals. N.J.A.C. 13:44-4.7, which
requires that licensees provide emergency care, benefits society by making
licensees care for animals which have been in an accident or which become ill
abruptly. N.J.A.C. 13:44-4.8, which states the manner in which a licensee
may advertise, ensures that licensees are honest and forthright in their
advertising and that they make no claims of superiority without appropriate
evidence. N.J.A.C. 13:44-4.9, which sets out standards for patient records,
ensures that requiring records of patient's treatments are well kept and
accurate. The rule also benefits society by requiring licensees to provide
these records to a client upon request.


Economic Impact

Some of the rules proposed for readoption will have an economic impact.
N.J.A.C. 13:44-5.1 sets forth the fees which the Board assesses for services
rendered to its licensees. The fee schedule has an economic impact on licensees
and applicants for licensure by establishing fees which will supply the minimum
amount of money necessary for the Board to be self-funding and thus in
compliance with N.J.S.A. 45:1-3.2. N.J.A.C. 13:44-1.6 and 1.7 have an
economic impact in that they explain the time frame for the imposition of fees
for registration, late renewal and reinstatement.

Several rules proposed for readoption impose costs on licensees. N.J.A.C.
13:44-1.8 allows a licensee to register as non-active if the licensee pays the
non-active registration fee. The cost of the non-active registration fee is
less than the cost of biennial registration. N.J.A.C. 13:44-1.9 requires a
licensee to have proof of licensure wherever he or she practices veterinary
medicine. Such proof must be obtained from the Board and the cost must be borne
by the licensee. N.J.A.C. 13:44-2.2 allows a non-licensed veterinarian to
work as an assistant to a licensee if he or she obtains a temporary permit from
the Board. The cost of the temporary permit is borne by the non-licensed
veterinarian and he or she may earn income for such work prior to licensure.
N.J.A.C. 13:44-4.9 requires licensees to maintain patient records and to
provide copies of such records to clients who ask for them. The costs of
maintaining the records is borne by licensees. A minimal cost for copying
records will be borne by consumers. N.J.A.C. 13:44-4.9(e) requires licensees
who are retiring, executors or administrators of the estate for a deceased
licensee, to publish two notices of intent to transfer or dispose of the
licensee's patient records. The costs of publishing these notices is borne by
the licensee or the estate. N.J.A.C. 13:44-4.11 requires licensees who work
at emergency facilities to obtain a registration certificate or a duplicate
certificate from the Board, and the cost of these certificates are borne by the
licensee.


Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws
or standards applicable to the rules proposed for readoption with amendments.


Jobs Impact

The Board does not anticipate that the rules proposed for readoption and
amendment will result in the loss or gain of any jobs in the State.


Agriculture Industry Impact

N.J.A.C. 13:44-4.3 affects the agriculture industry as it allows non-
licensees who are agents of Cook College or who work in the poultry industry to
perform poultry husbandry procedures such as de-beaking, toe clipping, sex
determination, caponizing, clipping of wings, culling and blood testing. This
benefits the agriculture industry because these tasks may be performed by non-
licensees with less expense to the poultry industry and because there may not
be an adequate number of licensees available to perform these tasks on the
scale necessary to accommodate the poultry industry.


Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16
et seq., the approximately 2,000 licensees of the Board are considered "small
businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other
compliance requirements of the proposal including the kinds of professional
services likely to be needed to comply. The Act further requires the Board to
estimate the initial and annual compliance costs of the proposal with an
indication of the varying impact on small businesses of differing types and
sizes and to outline the manner in which it has designed the rules to minimize
any adverse economic impact upon small businesses.

The costs imposed on small businesses by the rules proposed for readoption
with amendment are the same costs that are imposed on all businesses as
outlined above in the Economic Impact statement.

The Board does not believe that licensees will need to employ any professional
services to comply with the requirements of the rules proposed for readoption.

There are several compliance requirements imposed by the rules proposed for
readoption. N.J.A.C. 13:44-1.1(c) imposes a compliance requirement on
licensees by preventing licensing of applicants who violate N.J.S.A. 45:1-
21. N.J.A.C. 13:44-1.6(a) requires licensees to get a certificate of
registration for every biennial period in which they practice. N.J.A.C.
13:44-1.10 requires licensees to have proof of licensure wherever they
practice. N.J.A.C. 13:44-4.1(e) requires licensees to provide clients with a
written prescription upon request from the client. N.J.A.C. 13:44-4.4
requires licensees who provide services to a pet shop to sign and print their
name to any document a consumer receives when he or she buys a pet. The rule
also requires any licensee who signs such a document to examine the pet before
prescribing medication, comply with N.J.A.C. 13:44-4.1 regarding
prescriptions, supply medications to a pet shop only if they will be
administered by the pet shop owner or a licensee and maintain records of the
medications prescribed for pet shops. N.J.A.C. 13:44-4.4(b)3 further
requires that if the pet shop is owned by a partnership or corporation, the
entity must designate an individual who will receive and administer medications
and vaccines. N.J.A.C. 13:44-4.7 requires licensees to provide emergency
care. N.J.A.C. 13:44-4.8 imposes compliance requirements on licensees
regarding advertising. The rule prohibits the licensee from making any
misrepresentation in an advertisement and provides guidance as to the
permissible content of an advertisement. N.J.A.C. 13:44-4.9(a) requires
licensees to maintain patient records and sets forth what must be included in
such records. N.J.A.C. 13:44-4.9(b) requires licensees to keep patient
records for five years. N.J.A.C. 13:44-4.9(c) requires licensees to provide
copies of patient records to clients upon request. N.J.A.C. 13:44-4.9(d)
requires licensees who provide emergency service to provide records of such
service to clients or regular treating licensees and to get a receipt for these
records. N.J.A.C. 13:44-4.9(e) imposes compliance requirements on licensees
by requiring two public notices regarding the disposition of patient records
when a practice is closed due to retirement or death of a licensee. N.J.A.C.
13:44-4.11 provides compliance requirements for emergency service facilities
and the licensees who work there. The facility must have one licensee and one
support staff member on the premises during the hours the facility is open.
Advertisements for the facility must include hours and days that the facility
is open. Licensees who work at the facility on a regular basis must have a
certificate of registration or a duplicate at the facility. The facility must
keep a log of the names of the licensees and supporting staff members who work
at the facility and the hours they are present.

The rules proposed for readoption impose several recordkeeping requirements.
N.J.A.C. 13:44-4.1 requires a licensee to record in the patient record any
medications prescribed or dispensed to patients. N.J.A.C. 13:44-4.8(k)
requires licensees to keep copies of all printed and electronic advertisements
for three years. N.J.A.C. 13:44-4.9 requires licensees to maintain patient
records for each animal, herd or flock. N.J.A.C. 13:44-4.9(b) requires
licensees to keep these records for five years from the date of the patient,
flock or herd's last visit, or, if the patient, flock or herd has died, for
three years from the date of the last visit.

The rules proposed for readoption impose several reporting requirements.
N.J.A.C. 13:44-1.6(d) requires a licensee to provide the Board with the
name, address, telephone number and other information regarding any facility
where the licensee practices for 500 or more hours a year. This information
must be included with the application for licensure or biennial renewal
application. N.J.A.C. 13:44-4.6, which allows a facility to continue to
operate after a licensee's death, imposes several reporting requirements. The
unlicensed owner and the substitute licensee must inform the Board of the
substitute's licensee's intention to assume the responsibilities of a licensee
for the facility. If the substitute licensee decides to leave the facility,
both the licensee and the owner must inform the Board. N.J.A.C. 13:44-
4.8(d), which regulates advertising, requires licensees to support the
truthfulness of any representation set forth in an advertisement at the Board's
request. The Board may request a review of copies of printed and electronic
advertisements kept by licensees pursuant to N.J.A.C. 13:44-4.8(k).
N.J.A.C. 13:44-4.9(e) requires that the Board be notified if a facility
closes due to a licensee's death or retirement. N.J.A.C. 13:44-4.12 requires
licensees to inform the Board within 10 days of a change in mailing address.

N.J.A.C. 13:44-4.4(b)3 requires that if a pet shop is owned and operated
as a partnership or corporation, the entity must designate an individual who
will receive and administer medications and vaccines. Many, if not most, such
pet shops are small businesses, as defined under the Regulatory Flexibility
Act. However, it is not anticipated that such pet shops will incur any capital
costs, nor require any professional services, to comply with this requirement.
As deemed necessary for consumer protection, no lesser requirements is provided
for small business.

As the compliance, reporting and recordkeeping requirements contained in the
rules proposed for readoption as discussed above are necessary to adequately
regulate licensees and protect consumers who use their services, the Board
believes that the rules must be uniformly applied to all licensees and no
exemptions are provided based on the size of the business.


Smart Growth Impact

The Board does not anticipate that the rules proposed for readoption with
amendment will have any impact on the achievement of smart growth and
implementation of the State Development and Redevelopment Plan, otherwise known
as the State Plan.


Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:44.

Full text of the proposed amendment follows :

<< NJ ADC 13:44-2.1 >>

13:44-2.1 Non-licensed veterinarians; permit required

A licensee shall not engage the services of a non-licensed veterinarian for the purpose of being trained or to practice veterinary medicine, dentistry or surgery unless the non-licensed veterinarian first obtains a temporary permit issued by the Board pursuant to N.J.A.C. 13:44-<<-1.1(c)->><<+ 2.2+>>.

36 N.J.R. 3634(a)
END OF DOCUMENT



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