Veterinary Accreditation

DEPARTMENT OF AGRICULTURE

9 CFR Part 160

[Docket No. 93-033-2]

Veterinary Accreditation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations concerning Federal

accreditation of veterinarians to add a definition of ``sign.'' Adding

this definition will clarify that accredited veterinarians are

prohibited from authorizing other persons to sign certain official

documents. We have determined that this change is necessary to maintain

the integrity of our veterinary accreditation program.

EFFECTIVE DATE: September 9, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Staff Veterinarian,

Sheep, Goat, Equine, and Poultry Diseases Staff, Veterinary Services,

APHIS, USDA, room 700, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782, (301) 436-6954.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR parts 160, 161, and 162 pertain to the

Animal and Plant Health Inspection Service's (APHIS) veterinary

accreditation program. Through this program, APHIS authorizes

veterinarians in private practice to perform certain official services

and duties on behalf of APHIS Veterinary Services officials. These

responsibilities include such activities as examining livestock for

clinical signs of disease, vaccinating animals for brucellosis, drawing

and shipping blood for testing, and preparing health certificates

required for domestic or international movement.

Section 161.3 (hereafter referred to as the regulations) sets forth

the standards for accredited veterinarian duties. The regulations cover

several requirements and prohibitions regarding the preparation of

official forms, certificates, records and reports. The regulations use

the term ``sign.'' As used in the regulations, ``sign'' means that an

accredited veterinarian signs a document, in his or her own hand.

However, ``sign'' is not defined in the regulations. This has led to

some confusion concerning the signature requirements.

Therefore, to clarify the regulations, we published in the Federal

Register on March 18, 1994 (58 FR 12863-12864, Docket No. 93-033-1), a

proposal to amend the regulations to add a definition of ``sign.''

We solicited comments concerning our proposal for a 60-day comment

period ending May 17, 1994. We received two comments by that date. They

were from a state department of agriculture and from a veterinary

medical association. One commenter supported the proposed rule. The

other commenter objected to the proposed rule, saying it is the

prerogative of business owners, including veterinarians, to authorize

other individuals to sign documents using the business owner's name.

We are not making any changes in the rule based on this comment. A

business owner's right to authorize others to sign documents is not

unlimited. Accredited veterinarians are authorized by the Federal

Government to perform certain functions on behalf of the Federal

Government. These include signing documents. Veterinarians are

accredited only if they meet certain standards. Other persons, to whom

veterinarians might delegate their responsibilities under the

accreditation program, might not meet the Federal Government's

accreditation standards. This could lead to foreign animal health

officials losing confidence in the integrity of the veterinary

accreditation program. This, in turn, could result in the loss of

export markets for U.S. livestock.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule without change.

Executive Order 12866 and Regulatory Flexibility Act

This final rule has been reviewed under Executive Order 12866. The

rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

This final rule will merely clarify that accredited veterinarians

must sign official documents in their own hand. We do not anticipate

that this final rule will have any economic effect whatsoever.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This final rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 160

Veterinarians.

Accordingly 9 CFR part 160 is amended as follows:

PART 160--DEFINITION OF TERMS

1. The authority citation for part 160 continues to read as

follows:

Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,

115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51,

and 371.2(d).

2. Section 160.1 is amended by adding a definition of Sign, in

alphabetical order to read as follows:

Sec. 160.1 Definitions.

* * * * *

Sign. For an accredited veterinarian, to put his or her signature

in his or her own hand on a certificate, form, record or report. No

certificate, form, record or report is signed if:

(1) Someone other than the accredited veterinarian has signed it on

behalf of or in the name of the accredited veterinarian, regardless of

the authority granted them by the accredited veterinarian; or

(2) if any mechanical device has been used to affix the signature.

* * * * *

Done in Washington, DC, this 20th day of June 1994.

Alex B. Thiermann,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-19510 Filed 8-9-94; 8:45 am]

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