Standards for Accredited Veterinarian Duties

[[Page 13084]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 160 and 161

[Docket No. 94-027-1]

Standards for Accredited Veterinarian Duties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow, under certain conditions,

accredited veterinarians to issue official animal health documents for

animals in herds or flocks under regular health maintenance programs

for up to 30 days after inspection. For all other animals, we are

proposing to allow accredited veterinarians to issue official animal

health documents up to 10 days following inspection. Last, we are

proposing to require that all official animal health documents be valid

for only 30 days following inspection, regardless of the date of

issuance. We would continue to require that accredited veterinarians

issue official animal health documents only for animals that they have

inspected.

These actions would extend the time period allowed between

inspection and the issuance of official animal health documents. We

believe these actions would both alleviate the burden placed by the

current time requirement on accredited veterinarians and reduce the

costs of health inspection for the livestock industry, without

significantly increasing animal disease risk.

DATES: Consideration will be given only to comments received on or

before May 9, 1995.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O.

Drawer 810, Riverdale, MD 20738. Please state that your comments refer

to Docket No. 94-027-1. Comments received may be inspected at USDA,

room 1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. Persons wishing to inspect comments are requested to

call ahead on (202) 690-2817 to facilitate entry into the comment

reading room.

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

Veterinarian, Sheep, Goat, Equine, and Poultry Diseases Staff,

Veterinary Services, APHIS, USDA, P.O. Drawer 810, Riverdale, MD,

20738. The telephone number for the agency contacts will change when

agency offices in Hyattsville, MD, move to Riverdale, MD, during

February. Telephone: (301) 436-6954 (Hyattsville); (301) 734-6954

(Riverdale).

SUPPLEMENTARY INFORMATION:

Background

In accordance with 9 CFR parts 160, 161, and 162 (referred to below

as the regulations), some veterinarians are accredited by the Federal

Government to cooperate with the Animal and Plant Health Inspection

Service (APHIS) in controlling and preventing the spread of animal

diseases throughout the country and internationally. Accredited

veterinarians use their professional training in veterinary medicine to

perform certain regulatory tasks.

Section 161.3 of the regulations contains the Standards for

Accredited Veterinarian Duties. Currently, under Sec. 161.3(a), we

require accredited veterinarians, when issuing or signing a

certificate, form, record, or report regarding any animal, to have

inspected the animal within 7 days prior to signing the document. We

have received numerous letters from veterinarians, veterinary

associations, and livestock producers maintaining that this 7-day

requirement is impractical, burdensome, and expensive for both

veterinarians and producers. All of the correspondents request that we

allow accredited veterinarians additional time to issue official animal

health documents following inspection.

Many of the correspondents argue that the 7-day requirement makes

it difficult for accredited veterinarians involved in intensive

livestock practices to issue, in a timely manner, official animal

health documents required for the interstate or international transport

of animals. Large livestock facilities sell animals continuously. So,

in order to issue the health documents near the date of an animal's

shipment, if 7 days have passed since the animal's most recent

inspection, the veterinarian must revisit the facility where it is

housed. This time requirement places a burden on veterinarians with

busy practices; many of the veterinarians who have written state that

it is impossible for them to visit their clients frequently enough so

as not to impede livestock sales and shipments. Furthermore, livestock

facilities also are negatively impacted by the 7-day requirement, as

they must pay for numerous veterinary inspections if they wish to sell

and ship animals frequently.

Other letters cite inspection delays caused by biosecurity

requirements at large livestock facilities as a reason for extending

the time period allowed for issuing official animal health documents.

Biosecurity requirements commonly prohibit veterinarians from entering

a facility within 72 hours of being in contact with animals of the same

species at other sites. If an accredited veterinarian is under contract

to several large livestock facilities with biosecurity requirements, it

can be difficult for him or her to inspect animals frequently enough so

as not to impede livestock sales and shipments.

Finally, many of the letters remark that often veterinarians do not

receive laboratory test results soon enough after inspection to issue

official animal health documents within the 7-day period. Thus, a

veterinarian can be forced to reinspect an animal shortly after the

previous inspection due to laboratory delays beyond his or her control.

Therefore, we are proposing to allow, under certain conditions,

accredited veterinarians to issue official animal health documents for

animals in herds or flocks under regular health maintenance programs

for up to 30 days after inspection. We are proposing to define regular

health maintenance program in the regulations as ``an arrangement

between an accredited veterinarian and a livestock producer whereby the

veterinarian inspects every animal on the premises of the producer at

least once every 30 days.'' This kind of arrangement is very common in

the livestock industry. Typically, livestock facilities contract with a

veterinarian for health inspection of every animal every 30 days as a

practical way to protect the health of animals and to facilitate their

sale and shipment.

Over time, veterinarians who inspect herds or flocks as part of a

regular health maintenance program become very familiar with health

conditions in those herds or flocks. They are able to discover current,

and anticipate future, health problems more accurately than

veterinarians who inspect individual animals, herds, or flocks

sporadically. We believe that accredited veterinarians may inspect a

herd or flock as part of a regular health maintenance program and then

issue relevant official animal health documents for up to 30 days

following inspection, with no significant increase in disease risk.

Notably, we would continue to require that accredited veterinarians

issue official animal health documents only for animals that they have

inspected.

Because a veterinarian would have to inspect a herd or a flock

several times before he or she could become familiar with the health

conditions therein, we are proposing to allow veterinarians the

[[Page 13085]] 30-day issuance period only after the third inspection

of a herd or flock as part of a regular health maintenance program.

Following the first two inspections of a herd or flock as part of a

regular health maintenance program, we are proposing to allow

accredited veterinarians to issue official animal health documents for

only 10 days after inspection.

For all animals not part of a regular health maintenance program,

we are proposing to allow accredited veterinarians to issue official

animal health documents for up to 10 days following inspection. We

believe that providing accredited veterinarians with an additional 3

days following inspection to issue relevant official animal health

documents will give them greater flexibility without presenting a

significant increase in disease risk.

Finally, we are proposing to require that all official animal

health documents be valid for only 30 days following the date of

inspection, regardless of the date of issuance. We would require

accredited veterinarians to indicate both the date of issuance and the

date of expiration on all official animal health documents.

Miscellaneous

We are also proposing to revise the regulations under Secs. 160.1

and 161.3 (a), (b), (c), and (k) for the sake of clarity. Currently,

the regulations in these sections require that various conditions be

met any time an accredited veterinarian ``issue[s] or sign[s] any

certificate, form, record or report'' reflecting the health of an

animal. However, ``issue'' is not defined in the regulations. We are

proposing to define ``issue'' as follows: ``The distribution by an

accredited veterinarian of an official animal health document that he

or she has signed.''

Also, because under the proposed definition, ``issuance'' entails

distributing a signed official animal health document, to avoid

redundancy we are proposing to delete the word ``sign'' from Sec. 161.3

(a), (b), (c), and (k). Moreover, we are proposing to remove ``sign''

from these sections because the phrase ``issue or sign'' implies that

accredited veterinarians could issue an animal health document without

signing it.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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.

We are proposing to amend the regulations to allow, under certain

conditions, accredited veterinarians to issue official animal health

documents for animals in herds or flocks under regular health

maintenance programs for up to 30 days after inspection. For inspection

of other animals, we are proposing to allow up to 10 days between the

inspection of animals and the issuance of official animal health

documents.

Currently, under Sec. 161.3(a), we require accredited

veterinarians, when issuing or signing a certificate, form, record, or

report regarding any animal, to have inspected the animal within 7

days. This requirement places an economic burden on large livestock

facilities that sell and ship animals continuously. That is, large

livestock facilities must have their animals inspected frequently, in

order for veterinarians to issue, in a timely manner, the health

documents required for the frequent sale and shipment of animals. Such

frequent visits can be expensive.

If veterinarians were allowed additional time to issue official

animal health documents following inspection, they could inspect

animals less frequently. Therefore, primarily, this proposal would

economically benefit large livestock facilities.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

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 proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are in conflict with this rule will

be preempted; (2) no retroactive effect will be given to this rule; and

(3) administrative proceedings will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (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 0579-0032 and there are no

new requirements.

List of Subjects

9 CFR Part 160

Veterinarians.

9 CFR Part 161

Reporting and recordkeeping requirements.

Accordingly, 9 CFR parts 160 and 161 would be amended as follows:

PART 160--DEFINITION OF TERMS

1. The authority citation for part 160 would continue 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 would be amended by adding, in alphabetical order,

the following definitions:

Sec. 160.1 Definitions.

* * * * *

Issue. The distribution by an accredited veterinarian of an

official animal health document that he or she has signed.

* * * * *

Regular health maintenance program. An arrangement between an

accredited veterinarian and a livestock producer whereby the

veterinarian inspects every animal on the premises of the producer at

least once every 30 days.

* * * * *

* * * * *

PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS

AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

3. The authority citation for part 161 would continue 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).

4. Section 161.3 would be amended as follows:

a. By revising paragraphs (a) and (b) to read as set forth below.

b. In paragraph (c), by removing the phrase ``or sign'' in the

first sentence.

c. In paragraph (k), by removing the phrase ``or sign'' in the

first sentence.

Sec. 161.3 Standards for accredited veterinarian duties.

* * * * * [[Page 13086]]

(a) An accredited veterinarian shall not issue a certificate, form,

record or report which reflects the results of any inspection, test,

vaccination or treatment performed by him or her with respect to any

animal, other than those in regular health maintenance programs, unless

he or she has personally inspected that animal within 10 days prior to

issuance.

(1) Following the first two inspections of a herd or flock as part

of a regular health maintenance program, an accredited veterinarian

shall not issue a certificate, form, record or report which reflects

the results of any inspection, test, vaccination or treatment performed

by him or her with respect to any animal in that program, unless he or

she has personally inspected that animal within 10 days prior to

issuance.

(2) Following the third and subsequent inspections of a herd or

flock in a regular health maintenance program, an accredited

veterinarian shall not issue a certificate, form, record or report

which reflects the results of any inspection, test, vaccination or

treatment performed by him or her with respect to any animal in that

program, unless he or she has personally inspected that animal within

30 days prior to issuance.

(b) An accredited veterinarian shall not issue, or allow to be

used, any certificate, form, record or report, until, and unless, it

has been accurately and fully completed, clearly identifying the

animals to which it applies, and showing the dates and results of any

inspection, test, vaccination, or treatment the accredited veterinarian

has conducted, except as provided in paragraph (c) of this section, and

the dates of issuance and expiration of the document. Certificates,

forms, records, and reports shall be valid for 30 days following the

date of inspection of the animal identified on the document. The

accredited veterinarian shall distribute copies of certificates, forms,

records, and reports according to instructions issued to him or her by

the Veterinarian-in-Charge.

* * * * *

Done in Washington, DC, this 6th day of March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-5992 Filed 3-9-95; 8:45 am]

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