DEPARTMENT OF HEALTH

(Veterinary Board of Governors)

[Filed October 19, 2018, 2:58 p.m.]

Preproposal statement of inquiry was filed as WSR 17-07-045.

Title of Rule and Other Identifying Information: WAC 246-933-285 through 246-933-480 veterinary board of governors (board) veterinary continuing education (CE) rules. The board is proposing multiple changes for CE rules.

Hearing Location(s): On December 3, 2018, at 10:00 a.m., at the Washington State Department of Health, Town Center 2, Room 158, 111 Israel Road S.E., Tumwater, WA 98501.

Date of Intended Adoption: December 3, 2018.

Submit Written Comments to: Loralei Walker, Department of Health, Veterinary Board of Governors, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by November 19, 2018.

Assistance for Persons with Disabilities: Contact Loralei Walker, phone 360-236-4947, TTY 360-833-6388 or 711, email loralei.walker@doh.wa.gov, by November 19, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal would modernize veterinary CE rules and streamline requirements. Proposed changes to the rule include decreasing the reporting period, so that thirty hours would be required every two years instead of every three years (increasing the per-year requirement); allowing specialty certification or a residency program to qualify in lieu of the thirty hour requirement; clarification of expectations when a veterinarian is audited; setting a minimum requirement of twenty scientific or clinical hours; allowing a maximum of ten hours to be obtained through teaching; designating live, web-based coursework to be equivalent to in-person coursework; and expanding the approved provider list.

Reasons Supporting Proposal: The board intends to create a more robust standard that increases both access and flexibility for CE rules. The board proposes to accomplish this by increasing the number of CE hours required each year, setting a minimum standard for scientifically-supported education programs, and discontinuing the board's review and approval of courses not approved by rule. To add options and flexibility for veterinarians to meet these new standards, the board proposes to allow alternative pathways to meeting the CE requirement, to remove the ten hour limit for qualifying live and interactive webinars, to allow credit options for teaching, and expand the approved CE provider list using input from multiple stakeholders. This proposal brings the rules more into alignment with national standards.

Statutory Authority for Adoption: RCW 18.92.030.

Statute Being Implemented: RCW 18.92.030.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, veterinary board of governors, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Loralei Walker, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4947.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Loralei Walker, Department of Health, Veterinary Board of Governors, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4947, fax 360-236-2901, TTY 360-833-6388 or 711, email loralei.walker@doh.wa.gov.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule does not impose costs on businesses.

Tawney Carrier, Chair

Veterinary Board of Governors

WAC 246-933-285HIV/AIDS prevention and information education requirements.

An applicant shall complete four clock hours of HIV/AIDS education as required in chapter 246-12 WAC, Part 8. Alternatives to formal course work may be from professional journal articles or electronic media that contain current or updated information.

AMENDATORY SECTION(Amending WSR 07-19-130, filed 9/19/07, effective 10/20/07)

WAC 246-933-420((Basic requirement—Amount.))Continuing education requirement.

((Continuing veterinary medical education consists of programs of learning which contribute directly to the advancement or enhancement of skills in the practice of veterinary medicine, surgery and dentistry. Licensed veterinarians must complete thirty hours of continuing veterinary medical education every three years as required in chapter 246-12 WAC, Part 7. No more than ten hours can be earned in practice management courses in any three-year reporting period.))(1) A licensed veterinarian shall complete and document thirty hours of continuing education every two years and comply with chapter 246-12 WAC, Part 7.

(2) A licensed veterinarian shall meet the continuing education requirement by either:

(a) Completing thirty hours of education that complies with WAC 246-933-401 through 246-933-460; or

(b) Alternatively, providing proof that he or she:

(i) Became board-certified by a veterinary specialty organization recognized by the American Veterinary Medical Association (AVMA) within the continuing education reporting period; or

(ii) Has been enrolled in a residency program approved by a veterinary specialty organization recognized by the AVMA during the entire continuing education reporting period for a maximum of two reporting periods.

(3) The two-year reporting period begins January 1, 2019. A veterinarian shall complete the continuing education requirements as follows:

If continuing education is due on the veterinarian's renewal date in:	The next continuing education due date is on the veterinarian's renewal date in the year below and every two years thereafter:
2019	2021
2020	2022
2021	2023

(4) The board may audit up to twenty-five percent of veterinarians after the license is renewed and may audit a veterinarian for cause.

(a) Upon request by the board, the veterinarian is responsible for submitting documentation of completed continuing education. Documentation must include, at a minimum:

(i) The name and credentials or qualifications of the continuing education provider;

(ii) The date of attendance or completion;

(iii) Course title or subject; and

(iv) The number of hours earned.

(b) Documentation for continuing education earned pursuant to WAC 246-933-445(3) must include, in addition to (a)(i) through (iv) of this subsection, a list of attendees, and a copy of the presentation or lecture.

(c) Failure by a veterinarian to cooperate with an audit or provide the requested proof of continuing education to the board is grounds for disciplinary action.

WAC 246-933-425Approval of courses.

The board will not authorize or approve specific continuing education courses or materials. All continuing education courses must be provided by organizations, institutions, or individuals in WAC 246-933-460 and contribute to the professional knowledge and development of the practitioner, enhance services provided to patients, and contribute to the practitioner's ability to deliver current standards of care. The board will accept continuing education that reasonably falls within these criteria, and relies upon the integrity of each individual practitioner, as well as that of program sponsors, in complying with this requirement and experiencing meaningful and meritorious learning. Courses cannot be exclusively for product promotion. The board reserves the right to not accept credits from any area for any practitioner if, upon auditing, it determines that a course or material did not provide appropriate information or training.

AMENDATORY SECTION(Amending WSR 07-19-130, filed 9/19/07, effective 10/20/07)

WAC 246-933-440Exceptions.

The board may excuse from or grant an extension of continuing veterinary medical education requirements to a licensee due to illness or other extenuating circumstances.

Licensees seeking an extension ((must))shall petition the board, in writing, at least ((forty-five))thirty days prior to the end of the reporting period.

WAC 246-933-445Areas of continuing education activities.

(1) Scientific or clinical. A minimum of twenty scientific or clinical credit hours must be earned in any two-year reporting period. Credits must be obtained through education offered by an approved provider listed in WAC 246-933-460. There is no limit for credit hours earned through live courses attended remotely, provided that attendees have the documented opportunity to question the instructor, hear the questions of other attendees, and receive responses in real time.

(2) Practice management or professional development. A maximum of ten practice management or professional development credit hours may be granted in any two-year reporting period. Credits must be obtained through education offered by an approved provider listed in WAC 246-933-460. Credit hours may be earned through live courses attended remotely, provided that attendees have the documented opportunity to question the instructor, hear the questions of other attendees, and receive responses in real time.

(3) Teaching. A maximum of ten teaching credit hours may be granted in any two-year reporting period. Qualifying courses must either meet the criteria under WAC 246-933-460 or must be presented through an accredited health care learning institution. Courses must be presented to veterinarians, other credentialed health care providers, or students of health care professions. Three credit hours will be granted for each course hour taught. Credit will be granted for only the first time a course is taught.

(4) Preprogrammed materials. Preprogrammed educational materials are noninteractive and may be presented in any form of printed or electronic media. A maximum of ten credit hours may be granted in any two-year reporting period for completion of preprogrammed educational materials. The materials must be obtained through education offered by an approved provider listed in WAC 246-933-460, and must require successful completion of an examination or assessment.

AMENDATORY SECTION(Amending WSR 16-09-119, filed 4/20/16, effective 5/21/16)

WAC 246-933-460Organizations, institutions or individuals approved by the veterinary board to provide continuing education courses.

(((1) The veterinary board designates the following organizations, institutions or individuals as providing approved continuing veterinary medical education courses:

(a) The American Association of Veterinary State Boards (AAVSB).

(b) The American Veterinary Medical Association (AVMA).

(d) Any board approved college or school of veterinary medicine.

(e) Any state or regional veterinary association which is recognized by the licensing authority of its state as a qualified professional association or educational organization.

(f) The American Animal Hospital Association.

(g) Veterinary specialty boards recognized by the American Veterinary Medical Association.

(h) Conferences offered by regional or allied organizations recognized by AAVSB.

(i) The Registry of Approved Continuing Education (RACE).

(j) The Registry of Alternative and Integrative Veterinary Medical Education (RAIVE).

(k) The United States Animal Health Association.

(l) The American Association of Veterinary Laboratory Diagnosticians.

(m) The Washington state department of agriculture.

(n) A board certified veterinarian who is certified by a veterinary specialty board recognized by the American Veterinary Medical Association when teaching a course within his or her area of certification.

(o) A veterinarian who is a faculty member of an accredited college or school of veterinary medicine when teaching a course within his or her area of expertise.

(2) Continuing veterinary medical education courses offered by the organizations, institutions, or individuals listed in subsection (1) of this section are presumed to qualify as continuing veterinary medical education courses for purposes of fulfillment of the requirements of WAC 246-933-420 without specific prior approval by the board.

(3) Other organizations, institutions, or individuals may submit course information to the board for determination whether the course qualifies as continuing veterinary medical education under WAC 246-933-401 through 246-933-480 for purposes of fulfillment of the requirements of WAC 246-933-420.))The board approves continuing veterinary medical education courses provided by organizations, institutions, or individuals (providers) including, but not limited to, the following:

(1) The American Association of Veterinary Laboratory Diagnosticians (AAVLD);

(2) The American Association of Veterinary State Boards (AAVSB) Registry of Approved Continuing Education (RACE)-approved courses;

(3) The American Veterinary Medical Association (AVMA);

(4) AVMA Council on Education (COE) accredited veterinary medical colleges;

(5) AVMA recognized veterinary specialty organizations;

(6) A board certified veterinarian who is certified by a veterinary specialty organization recognized by the AVMA when teaching a course within his or her area of certification;

(7) Federal, state, or local governmental agencies;

(8) An instructor with credentials or qualifications in the health, husbandry, or therapy of minor species. "Minor species" are all animals other than humans that are not one of the major species and include, but are not limited to, animals such as zoo animals, ornamental fish, parrots, ferrets, guinea pigs, sheep, goats, catfish, game birds, and honey bees. Major species include horses, dogs, cats, cattle, pigs, turkeys, and chickens;

(9) An instructor with credentials or qualifications in practice management or professional development;

(10) Any international, national, state, provincial, regional or local veterinary medical association;

(11) The Resources for Alternative and Integrative Veterinary Education (RAIVE);

(12) A resident or intern in training for an AVMA recognized veterinary specialty organization;

(13) The United States Animal Health Association (USAHA);

(14) A veterinarian who is a faculty member of an accredited college of veterinary medicine when teaching a course within his or her area of expertise;

(15) The Washington physicians health program (WPHP).

The following sections of the Washington Administrative Code are repealed:

Self-study continuing veterinary medical education activities.

AIDS prevention and information education requirements.

WAC 246-933-465	Self-study continuing veterinary medical education activities.
WAC 246-933-480	AIDS prevention and information education requirements.