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Pennsylvania Code



CHAPTER 31. STATE BOARD OF VETERINARY MEDICINE

Subchap. Sec.

A.     VETERINARIANS, CERTIFIED VETERINARY TECHNICIANS AND VETERINARY ASSISTANTS…31.1
B.     ANIMAL PROTECTION ORGANIZATIONS AND EUTHANASIA TECHNICIANS…31.101

Authority

   The provisions of this Chapter 31 issued under section 506 of The Administrative Code of 1929 (71 P.S. §  186); The Veterinary Law (63 P.S. § §  506-1—506-11) (Repealed); and the Veterinary Medicine Practice Act (63 P.S. § §  485.1—485.35), unless otherwise noted.

Source

   The provisions of this Chapter 31 adopted February 1, 1965, unless otherwise noted.

Law Reviews

   1994 Regulatory Review: Final Regulations of 1994, 4 Widener J. Public L. 917 (1995).

Cross References

   This chapter cited in 7 Pa. Code §  21.51 (relating to lifetime dog license issuance); 49 Pa. Code §  41.26 (relating to professional corporations); and 49 Pa. Code §  47.21 (relating to professional corporations).

Subchapter A. VETERINARIANS, CERTIFIED VETERINARY TECHNICIANS AND VETERINARY ASSISTANTS


GENERAL PROVISIONS

Sec.


31.1.    Definitions.
31.2.    Applicability of general rules.
31.3.    Examinations.

LICENSURE


31.11.    Application for licensure.
31.12.    [Reserved].
31.13.    Licensure renewal.
31.14.    [Reserved].
31.15.    Continuing education.
31.16.    Continuing education provider approval.

PROFESSIONAL CONDUCT


31.21.    Rules of Professional Conduct for Veterinarians.
31.22.    Recordkeeping.

CERTIFIED VETERINARY TECHNICIANS AND
VETERINARY ASSISTANTS


31.31.    Scope of practice.
31.32.    Certification.
31.33.    Applications.
31.34.    Qualification for examination.
31.35.    Examinations.
31.36.    Renewal of certification, inactive status and reactivation of certification.
31.37.    [Reserved].
31.38.    Code of ethics for certified veterinary technicians.
31.39.    Grounds for disciplinary proceedings.
31.40.    Continuing education provider approval.

FEES


31.41.    Schedule of fees.

GENERAL PROVISIONS


§ 31.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AAVSB—The American Association of Veterinary State Boards or its successor organization.

   Act—The Veterinary Medicine Practice Act (63 P.S. § §  485.1—485.33).

   Advertising—Newspaper and periodical announcements and listings, professional cards, office and other signs, letterheads, telephone and other directory listings, and other forms of communication designed to inform the public about the availability, nature or prices of products or services.

   Animal abuse—To do, order or aid another to do any act likely to cause unnecessary pain, injury, debility, disease or lameness, or unnecessary fright, stress, panic or hysteria in an animal.

   Approved school—A school accredited by the American Veterinary Medical Association, including provisionally, probationally and fully accredited programs.

   Board—The State Board of Veterinary Medicine.

   Certified veterinary technician—A veterinary technician certified by the Board.

   Client—A person who engages the professional services of a veterinarian for the care and treatment or the prevention, cure or alleviation of disease or injury, of an animal.

   Consultation—A deliberation between two or more licensed veterinarians or a licensed veterinarian and other licensed professional concerning the diagnosis of an animal’s condition, the care to be provided and the proper management of the case.

   Direct veterinary supervision—A veterinarian has given either oral or written instructions to the certified veterinary technician, veterinary assistant, or other licensed professional as set forth in Principle 6(b) of §  31.21 (relating to Rules of Professional Conduct for Veterinarians), and the veterinarian is on the premises and is easily and quickly available to assist the certified veterinary technician, veterinary assistant or other licensed professional.

   Endorsement or testimonial—A statement of recommendation made through a form of mass communication or correspondence by a veterinarian to the general public which is commercially rather than educationally motivated and is intended to influence attitudes regarding the purchase of a veterinary drug, device, product or procedure.

   Immediate veterinary supervision—A veterinarian is in visual and audible range to assist the veterinary assistant.

   Indirect veterinary supervision—A veterinarian is not on the premises but is acquainted with the keeping and care of the animal by virtue of an examination of the animal or medically appropriate and timely visits to the premises where the animal is kept, and has given written or oral instructions to the certified veterinary technician for treatment of the animal patient.

   Merchandising—Buying and selling of professional veterinary products without a veterinarian/client relationship.

   Neglect—To abandon an animal or deprive, either personally or through one’s employees or agents, an animal over which one has a duty of care, whether belonging to himself or otherwise, of necessary sustenance, drink, shelter or veterinary care appropriate to the animal’s condition or access to sanitary shelter and support for an animal’s basic physical and emotional needs.

   Professional veterinary product—One which requires professional veterinary knowledge in the administration of or in the giving of instructions for safe and proper use of the product, including prescription drugs, biologicals, pharmaceuticals and prescription diets.

   Solicitation—Advertising intentionally directed to specific individuals.

   VTNE—The Veterinary Technician National Examination or its successor examination—An examination owned and administered by the AAVSB used to evaluate the competency of entry-level veterinary technicians.

   VTS—Veterinary technician specialist—A certified veterinary technician who holds current certification from a specialty organization recognized by the National Association of Veterinary Technicians in America (NAVTA).

   Veterinarian—A licensed doctor of veterinary medicine as defined in section 3 of the act (63 P.S. §  485.3).

   Veterinary assistant—An employee of a veterinarian who does not hold certification as a veterinary technician and whom the veterinarian deems competent to perform the tasks set forth in §  31.31(b) (relating to scope of practice) under direct veterinary supervision or immediate veterinary supervision.

Authority

   The provisions of this §  31.1 amended under sections 3(10)(viii), 5, 11, 13, 21(12) and 32(6) of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5, 485.11, 485.13, 485.21(12) and 485.32(6)).

Source

   The provisions of this §  31.1 adopted February 1, 1965; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1481; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended July 20, 2007, effective July 21, 2007,37 Pa.B. 3365; amended April 17, 2009, effective April 18, 2009, 39 Pa.B. 1985; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (363500) to (363501).

Cross References

   This section cited in 49 Pa. Code §  31.38 (relating to code of ethics for certified veterinary technicians).

§ 31.2. Applicability of general rules.

 Under 1 Pa. Code §  31.1 (relating to scope of part), 1 Pa. Code Part II (relating to the general rules of administrative practice and procedure) is applicable to the activities of and proceedings before the Board.

Source

   The provisions of this §  31.2 adopted September 19, 1975, effective September 20, 1975, 5 Pa.B. 2455.

§ 31.3. Examinations.

 (a)  The examination required as a prerequisite to original licensure as a veterinarian is the North American Veterinary Licensing Examination (NAVLE). The examination will be given at least annually by the National Board Examination Committee.

 (b)  Applications to take the licensing examinations, together with instructions for applicants, including deadlines for filing and paying fees, may be obtained from the Administrative Office of the Board by contacting the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania, 17105-2649, ST-VETERINARY@pa.gov.

 (c)  Examination applications and the fee required shall be submitted directly to the National Board Examination Committee.

Authority

   The provisions of this §  31.3 amended under section 812.1 of The Administrative Code of 1929 (71 P.S. §  279.3a); and sections 5(7), 9 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5(7), 485.9 and 485.11).

Source

   The provisions of this §  31.3 adopted June 14, 1996, effective June 15, 1996, 26 Pa.B. 2785; amended May 26, 2000, effective immediately, and apply to examinations administered after April 12, 2000, 30 Pa.B. 2583; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861. Immediately preceding text appears at serial page (267142).

LICENSURE


§ 31.11. Application for licensure.

 (a)  Application forms. Application forms for original or reciprocal licensure may be obtained from the Administrative Office of the Board by contacting the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, ST-VETERINARY@pa.gov, or by accessing the Board’s web page at www.dos.state.pa.us/vet. Application forms shall be returned to the Board at least 60 days prior to the first day of the NAVLE testing period.

 (b)  Original licensure. As a prerequisite to original licensure as a veterinarian, an applicant shall submit the following documentation to the Board:

   (1)  Evidence of graduation from an approved school or college of veterinary medicine or certification of equivalence sent directly from the American Veterinary Medical Association, Educational Commission for Foreign Veterinary Graduates or the American Association of Veterinary State Boards, Program for the Assessment of Veterinary Education Equivalence.

   (2)  North American Veterinary Licensing Examination (NAVLE) results as furnished through a National examination grade reporting service.

   (3)  A letter of good standing from the licensure board of each state where the applicant has held a license to practice veterinary medicine, reporting the outcome of disciplinary actions taken against the applicant, if any, in that state.

   (4)  A statement from the applicant that the applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-144), or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country unless the following apply:

     (i)   At least 10 years have elapsed from the date of conviction.

     (ii)   The applicant satisfactorily demonstrates to the Board that the applicant has made significant progress in personal rehabilitation since the conviction so that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations.

     (iii)   The applicant otherwise satisfies the qualifications contained in the act.

 (c)  Reciprocal licensure. An applicant for licensure by reciprocity who has held a valid license from another state and has been actively engaged in clinical practice in that state for 5 years immediately preceding application for licensure in this Commonwealth, may be granted a license to practice veterinary medicine in this Commonwealth after having paid the fee required by §  31.41 (relating to schedule of fees), and submitted the following documentation to the Board:

   (1)  An application form under subsection (a).

   (2)  A verification of clinical practice, completed by the applicant, describing in detail the applicant’s clinical practice during the immediately preceding 5 years.

   (3)  A letter from the licensure board of the state wherein the applicant has been actively engaged in clinical practice during the immediately preceding 5 years, certifying 5 years of continued licensure in that state.

   (4)  Two certificates of recommendation from licensed veterinarians regarding the applicant’s character and competence and attesting to the fact that the applicant has been in active clinical practice during the immediately preceding 5 years.

   (5)  A letter of good standing from each board office in which the applicant has held a license to practice veterinary medicine, reporting the outcome of disciplinary actions taken against the applicant, if any, in that state.

Authority

   The provisions of this §  31.11 amended under section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a); and sections 5(2) and (7), 8, 9, 11, 18 and 27.1 of the Veterinary Medicine Practice Act (63 P. S. § §  485.5(2) and (7), 485.8, 485.9, 485.11, 485.18 and 485.27a).

Source

   The provisions of this §  31.11 adopted October 29, 1969; amended January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended June 14, 1996, effective June 15, 1996, 26 Pa.B. 2785; amended May 26, 2000, effective immediately, and apply to examinations administered after April 12, 2000, 30 Pa.B. 2583; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676. Immediately preceding text appears at serial pages (342676) and (308291) to (308292).

§ 31.12. [Reserved].


Authority

   The provisions of this §  31.12 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); section 13(a) and (b) of the Veterinary Medicine Practice Act (act) (63 P. S. §  485.13(a) and (b)); and sections 201, 223 and 401 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § §  1401-201, 1401-223 and 1401-401); amended under sections 9 and 13 of the act (63 P. S. § §  485.9 and 485.13); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a); reserved under sections 5(2), 8, 11, 18 and 27.1 of the act (63 P. S. § §  485.5(2), 485.8, 485.11, 485.18 and 485.27a).

Source

   The provisions of this §  31.12 adopted February 1, 1965; amended January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1975; amended September 26, 1980, effective September 27, 1985, 10 Pa.B. 3790; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1335; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended November 23, 1990, effective November 24, 1990, 20 Pa.B. 5836; amended June 14, 1996, effective June 15, 1996, 26 Pa.B. 2785; reserved December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676. Immediately preceding text appears at serial pages (308292) and (342133).

§ 31.13. Licensure renewal.

 (a)  Licenses expire on November 30 of each even-numbered year, regardless of the date of issuance. Licenses are renewable for a 2-year period beginning December 1 of each even-numbered year. The fee for biennial renewal is as set forth in §  31.41 (relating to schedule of fees). Upon renewing their licenses, licensees will receive a blue 5 x 7 wall certificate and wallet-size license card which show the next expiration date of the license.

 (b)  A licensee who is also licensed to practice veterinary medicine in another state, territory or country shall report this information on the biennial registration form. Disciplinary action taken by the veterinary licensing authority or other authority that authorizes a licensee to the practice of veterinary medicine or that is related to veterinary medicine in another state, territory, country or by a Federal authority in the United States, shall be reported to the Board on the biennial registration application or within 90 days of final disposition, whichever is sooner. Criminal convictions shall be reported to the Board on the biennial registration application or within 90 days of sentencing, including acceptance into an Accelerated Rehabilitative Disposition program, whichever is sooner.

 (c)  Licensed veterinarians who fail to renew their license shall cease from the practice of veterinary medicine in this Commonwealth on the last day of November of the renewal year. A licensee who continues to practice on an expired license will be subject to disciplinary action by the Board. Late fees as prescribed by the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. § §  1401-101—1401-501) will be added to the renewal fee of a licensee who practiced on an expired license. The licensee will be required to pay the current biennial renewal fee as set forth in §  31.41 and the fees that would have been paid had the license been maintained in good standing. The licensee will be required to submit continuing education certificates of attendance for the current and any past biennial renewal periods during which the licensee practiced on an expired license.

 (d)  A licensee whose license to practice veterinary medicine is expired who did not practice veterinary medicine in this Commonwealth while the licensee’s license was expired may reactivate and renew the license upon application to and approval of the Board and upon payment of the current biennial renewal fee as set forth in §  31.41 and submission of certificates of attendance demonstrating that the licensee has complied with §  31.15 (related to continuing education) for the biennial period preceding renewal. The application for renewal shall also be accompanied by an Affidavit of Non-Practice, verifying the period of time in which the licensee abstained from the practice of veterinary medicine in this Commonwealth. A licensee will not be assessed a late renewal fee under the Bureau of Professional and Occupational Affairs Fee Act for the preceding biennial periods in which the licensee abstained from the practice of veterinary medicine in this Commonwealth.

 (e)  A licensee will be required to reactivate the license in accordance with section 9 of the act (63 P. S. §  485.9) to resume practicing veterinary medicine if the licensee practiced veterinary medicine on an expired license in this Commonwealth or another state, territory or country for more than 5 years or if the licensee did not practice veterinary medicine for more than 5 years.

Authority

   The provisions of this §  31.13 amended under sections 5(2), 8, 11, 18 and 27.1 of the Veterinary Medicine Practice Act (63 P. S. § §  485.5(2), 485.8, 485.11, 485.18 and 485.27a).

Source

   The provisions of this §  31.13 adopted December 1, 1968; amended October 27, 1978, effective October 28, 1978, 8 Pa.B. 2909; amended January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; corrected January 27, effective January 21, 1989, 19 Pa.B. 335; amended June 14, 1996, effective June 15, 1996, 26 Pa.B. 2785; amended December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676. Immediately preceding text appears at serial pages (342133) to (342134).

Cross References

   This section cited in 49 Pa. Code §  43b.21 (relating to schedule of civil penalties—veterinarians and veterinary technicians—statement of policy).

§ 31.14. [Reserved].


Source

   The provisions of this §  31.14 adopted October 27, 1978, effective October 28, 1978, 8 Pa.B. 2909; reserved January 12, 1979, effective January 13, 1979, 9 Pa.B. 154.

§ 31.15. Continuing education.

 (a)  Veterinarians shall complete 30 clock hours of continuing education courses approved by the Board during the 24 months preceding the renewal date. Veterinarians shall certify completion of the required continuing education as a condition of licensure renewal.

 (b)  A maximum of 25% of the hours may be earned by taking individual study or written or computer-based correspondence courses for which third-party verification of satisfactory completion is provided.

 (c)  Veterinarians shall maintain a list of all continuing education courses attended and certificates of attendance for a minimum of 5 years.

 (d)  Courses in office management or practice building may not be used to meet the 30-hour continuing education requirement.

Authority

   The provisions of this §  31.15 amended under sections 5(2), 8, 11, 18 and 27.1 of the Veterinary Medicine Practice Act (63 P. S. § §  485.5(2), 485.8, 485.11, 485.18 and 485.27a).

Source

   The provisions of this §  31.15 adopted June 14, 1996, effective June 15, 1996, 26 Pa.B. 2785; amended December 21, 2001, effective December 22, 2001, 31 Pa.B. 6942; amended January 16, 2004, effective January 17, 2004, 34 Pa.B. 388; amended December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676. Immediately preceding text appears at serial page (342139).

Cross References

   This section cited in 49 Pa. Code §  31.13 (relating to licensure renewal); and 49 Pa. Code §  31.16 (relating to continuing education provider approval).

§ 31.16. Continuing education provider approval.

 (a)  Subject to §  31.15 (relating to continuing education), the Board will approve without application to the Board and the fee required under §  31.41 (relating to schedule of fees), continuing education courses offered by the following providers so long as the programs increase the skills, knowledge and competency of veterinarians in the practice of the profession:

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

   (2)  Approved schools.

   (3)  Allied organizations of the AVMA.

   (4)  AVMA-approved major regional veterinary organizations.

   (5)  Specialty boards of the AVMA.

   (6)  The Pennsylvania Veterinary Medical Association and its constituent associations.

   (7)  Other states’ veterinary medical associations.

   (8)  Providers listed on the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB).

   (9)  The Department of Veterinary and Biomedical Sciences, College of Agricultural Sciences, Pennsylvania State University.

 (b)  Continuing education courses which are offered by providers not covered under subsection (a) shall receive prior approval of the Board. An application for approval of continuing education programs may be obtained from the Administrative Office of the Board by writing or telephoning the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-1389. A request for approval shall be filed with the Board at least 60 days prior to the date of the proposed program, and shall be accompanied by the fee required by §  31.41.

 (c)  Organizations approved under subsections (a) and (b) shall provide certificates of attendance to the veterinarian which includes the name of the provider, the name of the licensee, the title of the course, the date of the course, the number of credit hours and the signature of the person authenticating attendance. If a certificate of attendance covers a program with more than one course, organizations approved under subsections (a) and (b) shall require some method by which attendees verify attendance at individual courses. Organizations approved under subsection (b) shall also provide the Pennsylvania approval number.

 (d)  Instructors of continuing education programs may include:

   (1)  Members of the faculties of approved schools of veterinary medicine.

   (2)  Licensed doctors of veterinary medicine in this Commonwealth or in another state who are not faculty members of the schools covered under paragraph (1) if, by virtue of their professional activities and achievements in a particular field, the doctors are determined by the Board to be qualified to speak on subjects of pertinent value to the profession.

   (3)  Other lecturers or instructors who are not licensed to practice veterinary medicine, if the Board determines that they are qualified to speak upon a subject which will be of value to the profession.

 (e)  A resume of the qualifications of instructors of continuing education programs under subsection (d)(2) and (3) shall be included with the application for approval of continuing education programs. This subsection does not apply to providers enumerated under subsection (a).

Authority

   The provisions of this §  31.16 amended under sections 5(2), 8, 11, 18 and 27.1 of the Veterinary Medicine Practice Act (63 P. S. § §  485.5(2), 485.8, 485.11, 485.18 and 485.27a).

Source

   The provisions of this §  31.16 adopted June 14, 1996, effective June 15, 1996, 26 Pa.B. 2785; amended January 16, 2004, effective January 17, 2004, 34 Pa.B. 388; amended December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676. Immediately preceding text appears at serial pages (342677) to (342678).

PROFESSIONAL CONDUCT


§ 31.21. Rules of Professional Conduct for Veterinarians.



Preamble

 The Board is empowered under section 5(2) of the act (63 P. S. §  485.5(2)) to adopt rules and regulations of professional conduct appropriate to establish and maintain a high standard of integrity, skill and practice in the profession of veterinary medicine. In accordance with this authority, the Board has determined that the following rules are necessary in the public interest to protect the public against unprofessional conduct on the part of veterinarians. The Board therefore adopts this professional conduct code for veterinarians practicing veterinary medicine in this Commonwealth. Some of the rules of conduct are imperatives, cast in the terms, ‘‘shall’’ or ‘‘may not.’’ Veterinarians who fail to adhere to these rules will be subject to professional discipline. Other rules, generally cast in the terms ‘‘may’’ or ‘‘should,’’ are intended as aspirational goals and define areas under which the veterinarian has professional discretion. No disciplinary action will be taken when a veterinarian acts within the bounds of discretion. References throughout this professional conduct code to imperative conduct on the part of veterinarians also apply to applicants for licensure and temporary permit holders where these persons render services under qualified supervision.

   Principle 1. Competency.

 (a)  Veterinarians should strive continually to improve their veterinary knowledge and skill, making available to clients and their colleagues the benefit of their professional attainments. A veterinarian should provide opportunities for professional colleagues who request to observe the veterinarian’s practice to develop or improve a professional colleague’s veterinary medical skills.

 (b)  Veterinarians should seek, through consultation, the assistance of other veterinarians or other licensed professionals when it appears that the quality of veterinary service may be enhanced through consultation.

 (c)  A veterinarian shall recommend referral to a specialist or otherwise more qualified veterinarian in any case if the care and treatment of the animal is, in the veterinarian’s sound judgment, beyond the veterinarian’s capabilities or equipment. In that case, a veterinarian may accept or continue care and treatment of an animal after the veterinarian has done the following:

   (1)  Suggested referral.

   (2)  Explained the rationale for referral.

   (3)  Explained the possible complications from the veterinarian’s lack of expertise or equipment.

   (4)  Obtained written consent from the client.

 (d)  Veterinarians shall participate in continuing education programs as provided under section 18 of the act (63 P. S. §  485.18).

 (e)  Veterinarians shall safeguard the public and the veterinary profession against veterinarians deficient in professional competence, professional conduct or ethical conduct as described in this chapter.

   (1)  When a veterinarian knows or has reason to believe that a professional colleague’s actions demonstrate deviation from or failure to conform to the standards of acceptable and prevailing veterinary medical practice or professional incompetence, a veterinarian should bring the behavior to the attention of the colleague.

   (2)  A veterinarian shall bring the behavior of another veterinarian to the attention of the Board by sending a written report to the Bureau of Professional and Occupational Affairs, Professional Compliance Office, P. O. Box 2649, Harrisburg, PA 17105-2649 if one or more of the following applies:

     (i)   The veterinarian cannot informally resolve an issue of the deviation from or failure to conform to the standards of acceptable and prevailing veterinary medical practice or professional incompetence with the other veterinarian.

     (ii)   The veterinarian learns of repeated deviation from or failure to conform to the standards of acceptable and prevailing veterinary medical practice, professional incompetence or misconduct.

     (iii)   The matter involves animal abuse or neglect.

   Principle 2. Professional responsibility.

 (a)  The principle objectives of the veterinary profession are to render service to society, to conserve livestock resources and to prevent and relieve suffering of animals. Veterinarians should conduct themselves in relation to the public, their colleagues and the allied professions so as to merit their full confidence and respect.

 (b)  Veterinarians have a moral and ethical responsibility to provide service when, because of accidents or other emergencies involving animals, it is necessary to save an animal’s life or to relieve its suffering. Veterinarians should join with colleagues in their locality to assure that emergency services for animals are available to the public consistent with the needs of the locality.

   Principle 3. Unprofessional or unethical conduct.

 A veterinarian who engages in unprofessional or unethical conduct may be subject to disciplinary action under section 21(1), (11), (12) or (20) of the act (63 P. S. §  485.21(1), (11), (12) or (20)). Unprofessional or unethical conduct includes:

   (1)  Placing the veterinarian’s professional knowledge, attainments or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.

   (2)  Performing or participating in a surgical procedure when the veterinarian knows that surgery has been requested with intent to deceive a third party.

   (3)  Performing surgical procedures on a species for the purpose of concealing genetic defects in animals to be shown, raced, bred or sold. If the health or welfare of an animal requires correction of a genetic defect, the surgical procedures will be permitted. In these instances, the veterinarian shall clearly inform the owner of this fact and note the reason for the surgery on the veterinary medical record of the animal.

   (4)  Engaging in merchandising.

   (5)  Representing conflicting interests, except with written consent of parties known to the veterinarian given after a full disclosure of the facts. Representing conflicting interests includes being employed by a buyer to inspect an animal for sale and accepting a fee from the seller and providing veterinary medical advice regarding a common matter to multiple persons interested in the matter.

   (6)  Issuing any certificate attesting to the physical condition or soundness of an animal without first having personally examined the animal within a reasonable period of time and, by actual inspection and appropriate tests, determined that the animal meets the requirements for issuance of the certificate. A veterinarian may permit an employee to collect samples from animals for tests under the veterinarian’s direct supervision.

   (7)  Failing to personally sign any official health document issued by the veterinarian unless the use of a signature stamp is authorized by law.

   (8)  Issuing a presigned or prestamped official health document.

   (9)  Allowing inapropriate use of the veterinarian’s signature stamp.

   (10)  Engaging in conduct which a reasonable person would believe is intended to coerce, pressure or intimidate another person to file, not file or withdraw a complaint made to the Board or any law enforcement official regarding matters related to a veterinarian’s practice.

   (11)  Offering compensation beyond continued or corrective treatment of an affected patient or the replacement value of a patient, which a reasonable person would believe was intended to induce another to file, not file or withdraw a complaint made to the Board or any law enforcement official regarding matters related to a veterinarian’s practice.

   (12)  Abusing, harassing or intimidating a client, former client, colleague, associate veterinarian or employee in the course of professional practice.

   (13)  Making any false, misleading or deceptive statement or claim as defined in Principle 5(a) (relating to advertising).

   (14)  Delegating a veterinary medical service to a certified veterinary technician, veterinary technician specialist or individual not licensed to practice veterinary medicine that is beyond the scope of practice for that individual as defined by law or regulation or who the veterinarian knows or should know is not qualified by education, training, experience, license or certification, to perform. The veterinarian delegating a veterinary medical service shall perform a reasonable investigation of the delegatee’s ability to competently perform the service before delegating the service and shall provide supervision of the service consistent with the acceptable and prevailing standards of veterinary medical practice. A veterinarian who delegates a veterinary medical service to an individual not licensed to practice veterinary medicine shall be responsible for the acts and omissions of the delegatee.

   (15)  Abusing or neglecting any animal, as defined in §  31.1 (relating to definitions), whether or not the animal is a patient.

   (16)  Failing to report a matter to the Board as required by Principle 1(e).

   Principle 4. Fees.

 (a)  Financial arrangements for the rendering of veterinary services should be in accord with professional standards that safeguard the best interests of the client and the animal. Fees for professional services shall be clearly explained to the client in advance of billing.

 (b)  Veterinarians may not pay or receive commissions, rebates or other forms of remuneration for referral of clients for professional services, without informing the client of the arrangement.

 (c)  Veterinarians may not solicit or accept a commission, rebate or referral fee in connection with the referral of a client to purveyors of merchandise or services, including purveyors of dog food, cremation or burial services, caskets, urns, insurance, breeding stock and livestock supplies, unless the payments are fully disclosed to the client.

 (d)  Veterinarians may not participate in an action which would have the effect of coercing, pressuring or achieving agreement among veterinarians to conform to fixed fees or a fee schedule.

 (e)  Veterinarians may not solicit clients or announce fees and services in a manner that is misleading, fraudulent or deceptive.

   Principle 5. Advertising.

 (a)  Advertising by veterinarians is permissible when it does not include false, deceptive or misleading statements or claims. A false, deceptive or misleading statement or claim is one which does one or more of the following:

   (1)  Contains an unrealistic prediction of future success or a guarantee that satisfaction or a cure will result from the performance of professional services.

   (2)  Refers to secret drugs or secret methods of treatment for special services and which could be characterized as deceptive.

   (3)  States or implies that a veterinarian is a specialist, unless the veterinarian is a diplomate of an American Veterinary Medical Association—recognized specialty organization.

   (4)  Contains a material misrepresentation of fact.

   (5)  Contains a representation or implication that is likely to cause a reasonable person to misunderstand or be deceived, or fails to contain reasonable warnings or disclaimers necessary to make a representation or implication not deceptive.

 (b)  Testimonials and endorsements by veterinarians pertaining to veterinary products or veterinary equipment are permissible if all of the following guidelines are met:

   (1)  If an endorsement represents that the endorser uses the endorsed product, the endorser shall be a bona fide user of the product.

   (2)  The endorser shall be able to adequately substantiate that the endorser’s experience with the product is representative of what consumers will generally achieve with the advertised product in actual conditions of use. Adequate substantiation implies publication of a report in a journal in which articles are open to peer review or in a publication recognized by reputation as a source of reliable scientific information.

   (3)  The endorser’s qualifications shall be consistent with the expertise that the endorser is represented as possessing with respect to the endorsement.

   (4)  The endorsement shall be supported by an actual exercise of the endorser’s expertise in evaluating product features or characteristics which shall include an examination or testing of the product as extensive as someone with the same degree of expertise would need to evaluate the product features or characteristics to support the conclusions presented.

 (c)  Advertising by veterinarians for emergency veterinary services shall provide information as to whether a veterinarian is on the premises, or on call, and shall specify the hours during which emergency services are available.

   (1)  For the purposes of this section, ‘‘on the premises’’ means that a veterinarian is physically present at the veterinary establishment and is immediately available to render emergency services. ‘‘On call’’ means that a veterinarian is available to return calls requesting emergency services within a reasonable time and is available to render emergency services within a reasonable time.

   (2)  Veterinarians shall disclose specific limitations (that is, exotics/avian/large animal/small animal) when advertising emergency services.

   Principle 6. Professional relationships.

 (a)  Veterinarians should seek for themselves and their profession the respect of their colleagues. Veterinarians may not belittle or injure the professional standing of another member of the profession or condemn the character of that person’s professional acts in a manner which is false or misleading.

 (b)  Veterinarians may seek, through consultation, the assistance of other licensed professionals, including chiropractors, dentists, dental hygienists and physical therapists, when it appears that chiropractic, dental, dental hygiene or physical therapy procedures will enhance the quality of veterinary care. Chiropractic, dental, dental hygiene and physical therapy procedures shall only be performed upon animals by chiropractors, dentists, dental hygienists and physical therapists in conjunction with the practice of veterinary medicine and under the direct supervision of a veterinarian, subject to a limitation provided by law or regulation.

 (c)  When a veterinarian is called into consultation by an attending veterinarian, the consultation should be conducted in a spirit of professional cooperation to assure the client’s confidence in and respect for veterinary medicine. Findings and discussions with the client shall be handled in a manner that avoids criticism of the attending veterinarian by the consultant.

 (d)  Veterinarians who act as consultants may not revisit the animal or communicate in person with the client without the knowledge of the attending veterinarian.

 (e)  In dealing with referrals, veterinarians acting as consultants may not take charge of a case or problem without the consent of the client and notification of the referring veterinarian.

 Principle 7. Responsibility to clients and patients.

 (a)  Except as provided in this subsection, veterinarians may choose whom they will serve, but may not neglect an animal with which the veterinarian has an established veterinarian/client/patient relationship.

   (1)  During a veterinarian’s regular business hours, a veterinarian may not refuse to provide euthanasia to relieve the suffering of an animal that is physically presented to the veterinarian at the veterinarian’s facility. A veterinarian may provide euthanasia for an animal under this paragraph without a veterinarian/client/patient relationship if the owner is unknown or cannot be contacted. If the owner is unknown, the veterinarian shall make a reasonable attempt to determine the identity of the animal’s owner, including, at a minimum, checking the animal for a tag, tattoo or microchip. If the owner is known or identified, the veterinarian shall make a reasonable attempt to contact the owner, including, at a minimum, telephoning or using another contact method found on the animal’s tag or microchip, and obtain consent to euthanasia or treatment. If the owner cannot be identified or cannot be contacted, the veterinarian shall exercise proper veterinary medical judgment to determine whether to provide euthanasia or other veterinary medical care to the animal.

   (2)  If a veterinarian deems it necessary to discontinue the treatment of an animal with which the veterinarian has a veterinarian/client/patient relationship, the veterinarian shall give written notice to the client of his intention to withdraw and provide reasonable time, based on the condition of the animal and the availability of alternative veterinary medical services, to allow the client to obtain necessary veterinary care for the animal.

 (b)  Veterinarians shall consider first the welfare of the animal for the purpose of relieving suffering and disability while causing a minimum of pain or fright.

 (c)  Veterinarians and their staffs shall protect the personal privacy of clients, unless the veterinarians are required by law to reveal the confidences or it becomes necessary to reveal the confidences to protect the health and welfare of an individual, the animal or others whose health and welfare may be endangered. Personal information that should be protected under this section includes a client’s Social Security number and sensitive financial information and confidential health information about the client. Veterinary medical records of a client’s animals shall be released to the Board or its agents upon demand, as set forth in section 27.1(b)(1) of the act (63 P. S. §  485.27a(b)(1)). Any portion of a veterinary medical record relevant to public health shall be released to public health or law enforcement officials upon demand. Veterinary medical records shall be released to the general public only with the written consent of the client, subpoena or court order.

 (d)  Veterinarians shall practice in accordance with current advancements and acceptable and prevailing standards of care in veterinary medicine, including using current proven techniques, drugs and scientific research that may affect treatment decisions. Veterinarians shall practice in accordance with advancements and acceptable and prevailing standards of veterinary medical practice in this Commonwealth related to the pharmacologic properties, indications and contraindications of drugs and biologics.

 (e)  Veterinarians shall explain the benefits and reasonably anticipated significant potential risks of treatment options to clients. When the client or client’s agent is present, veterinarians shall document, by signature, the client’s consent for euthanasia and other treatments that have significant potential risks. If the client is not present to provide a signature, veterinarians shall attempt to contact the owner by telephone or other established means to obtain oral consent and shall document the oral consent in the animal’s veterinary medical record. This subsection does not preclude a veterinarian from obtaining general consent to treatment that is effective whenever circumstances require veterinary medical intervention in the best interests of the patient within parameters previously discussed with the client.

 (f)  Veterinarians shall serve as patient advocates especially regarding the alleviation of pain and suffering, consistent with the acceptable and prevailing standards of veterinary medical practice. Veterinarians shall utilize analgesic drugs, dosages, treatment intervals and combination therapies proven to be safe and effective in different species and in various conditions of age, illness or injury in accordance with current veterinary medical knowledge and acceptable and prevailing standards of veterinary medical practice in this Commonwealth.

 (g)  If a client desires to consult with another veterinarian about the same case, the first veterinarian shall readily withdraw from the case, indicating the circumstances on the veterinary medical record of the animal, and shall forward copies of the animal’s veterinary medical records in a reasonable period of time to other veterinarians who request them. For purposes of this subsection and subsection (h), the reasonableness of the period of time shall be based on the nature of the animal’s condition and the transfer shall be sufficiently timely to accommodate the animal’s veterinary medical needs, but may not be longer than 3 business days after the client makes the request.

 (h)  If a client requests referral to another veterinarian or veterinary hospital, the attending veterinarian shall honor the request and facilitate the necessary arrangements, which includes forwarding copies of the veterinary medical records of the animal in a reasonable period of time to the other veterinarian or veterinary hospital.

 (i)  A veterinarian who keeps a client’s animal while the practice is closed (including evenings and weekends) shall inform the client, either orally or in writing, whether a veterinarian, certified veterinary technician or veterinary assistant will be on the premises and what level of monitoring the animal will receive during that time.

   Principle 8. Drugs.

 (a)(1) The term ‘‘drug’’ means:

     (i)   Substances recognized in the official United States Pharmacopoeia, official National Formulary, or Federal Food and Drug Administration Approved Animal Drug Products, or any supplement to them.

     (ii)   Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals.

     (iii)   Substances (other than food) intended to affect the structure or any function of the human body or other animal body.

     (iv)   Substances intended for use as a component of any substance specified in subparagraph (i), (ii) or (iii), but not including devices as that term is defined in section 2 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §  780-102).

   (2)  The term ‘‘prescription drug’’ means any drug required by Federal law, including Federal regulation, to be dispensed only by a prescription.

 (b)  A veterinarian shall only prescribe prescription drugs to animals that are under the veterinarian’s care. ‘‘Under the veterinarian’s care’’ means that the veterinarian or one of the veterinarian’s licensed associates has examined the animal or has made medically appropriate and timely visits to the premises where the animal is kept.

 (c)  Prescription drugs dispensed by a veterinarian, other than drugs for food animals, shall be dispensed in child resistant packaging or in the manufacturer’s original packaging, except when the client specifically requests other packaging.

 (d)  Prescription drugs dispensed by a veterinarian shall be labeled with, at a minimum, the following information:

   (1)  The name, address and telephone number of the prescribing veterinarian and the name and telephone number of the dispenser, if different.

   (2)  The brand or generic name of the drug.

   (3)  The potency and the quantity of the drug.

   (4)  The number of refills allowed, if any.

   (5)  Adequate directions for use, which shall include quantity of dose, frequency of administration or application, duration of administration or application, and route or method of administration or application.

   (6)  Any cautionary statement specified by the veterinarian or required by law.

   (7)  The name of the patient, if applicable.

   (8)  The date the drug was dispensed.

   (9)  The expiration date of the drug.

 (e)  Veterinarians shall dispense or administer only drugs, including prescription drugs, that are within the expiration date specified by the manufacturer, and shall dispense or administer only drugs that will not expire within the prescribed treatment period.

 (f)  Veterinarians shall maintain records related to drugs in accordance with §  31.22 (relating to recordkeeping rationale).

Authority

   The provisions of this §  31.21 amended under sections 5(2) and 21(11) and (12) of the Veterinary Medicine Practice Act (63 P.S. § §  485.5(2) and 485.21(11) and (12)).

Source

   The provisions of this §  31.21 adopted February 1, 1965; amended January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1481; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5870; amended May 12, 2000, effective May 13, 2000, 30 Pa.B. 2357; amended December 5, 2003, effective December 6, 2003, 33 Pa.B. 5920; amended April 17, 2009, effective April 18, 2009, 39 Pa.B. 1985; amended July 16, 2010, effective July 17, 2010, 40 Pa.B. 3952; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6897. Immediately preceding text appears at serial pages (359633) to (359634), (342679) to (342682) and (351291) to (351294).

Cross References

   This section cited in 49 Pa. Code §  31.1 (relating to definitions); 49 Pa. Code §  31.38 (relating to code of ethics for certified veterinary technicians); and 49 Pa. Code §  43b.21 (relating to schedule of civil penalties—veterinarians and veterinary technicians—statement of policy).

§ 31.22. Recordkeeping.

 Veterinary medical records serve as a basis for planning patient care and as a means of communicating among members of the veterinary practice. The records furnish documentary evidence of the patient’s illness, hospital care and treatment and serve as a basis for review, study and evaluation of the care and treatment rendered by the veterinarian. A veterinary medical record shall be kept in a problem-oriented or similar format that allows any veterinarian, by reading the record, to proceed with the care and treatment of the patient and allow the Board or other agency to determine the advice and treatment recommended and performed. This section does not apply to laboratory animal practice.

   (1)  Record required. A veterinarian shall maintain a separate veterinary medical record for each patient, herd or group, as appropriate, which accurately, legibly and completely reflects the evaluation and treatment of the patient or patients. The veterinary medical record must identify the treating individual after each chart entry.

   (2)  Identity of patient. The veterinary medical record must include, at a minimum, the following information to identify the patient, herd or group:

     (i)   Client identification.

     (ii)   Appropriate patient identification, which may include species, breed, age, sex, weight, name or identity number or numbers, color and identifying markings, and whether neutered, spayed or intact.

   (3)  Minimum content of record. Production animal veterinarians shall comply with all Federal recordkeeping requirements, including requirements in 9 CFR (relating to animals and animal products). Veterinary medical records for other animals must include:

     (i)   Vaccination history.

     (ii)   Previous medical history, presenting symptoms and complaint.

     (iii)   Date of each examination.

     (iv)   Diagnosis.

     (v)   Results and findings of pathological or clinical laboratory examination.

     (vi)   Findings of radiological examination.

     (vii)   Medical or surgical treatment.

     (viii)   Other diagnostic, corrective or therapeutic procedures.

     (ix)   Documentation of drugs administered, prescribed or dispensed, including dosage.

     (x)   Documentation of surgical and dental procedures, including type and dosage of anesthesia, and dental charting.

   (4)  Communication with client. The veterinary medical record of any patient, except a production animal, must document communication with the client, including the client’s consent to or rejection of recommended diagnostic tests, treatments and drugs.

   (5)  Retention of records. Records shall be maintained for a minimum of 3 years from the date that the patient was last treated by the veterinarian.

   (6)  Ownership and use of records. The records of a veterinary practice are the sole property of that facility, and when a veterinarian leaves salaried employment therein, the departing veterinarian may not copy, remove or make subsequent use of the records, without the consent of the owner of the veterinary practice.

   (7)  Radiographs. A radiograph is the property of the veterinary practice that originally ordered it to be prepared. Radiographs shall be properly identified by hospital name, date, name of client, name of patient and positional marker. A radiograph shall be released upon the written request of another veterinarian who has the written authorization of the client. The radiograph shall be returned to the veterinary practice that originally ordered it to be prepared within a reasonable time.

   (8)  Release of information to clients. A veterinarian shall release a summary or a copy of the veterinary medical records of a patient to the client within 3 business days of receipt of the client’s written request. A veterinarian may charge a reasonable fee for duplicating veterinary medical records and for preparation of veterinary medical record file summaries for release to clients. A veterinarian may not withhold the release of veterinary medical records or summaries to clients for nonpayment of a professional fee. The release of veterinary medical records or summaries to clients under these circumstances does not constitute a waiver by the veterinarian of the fee claimed.

   (9)  Veterinary medical records for vaccination clinics. A veterinarian providing veterinary medical services to the public for a public health vaccination clinic or an animal health vaccination clinic shall prepare a veterinary medical record that includes, at a minimum, an identification of the client and patient, the vaccine lot number, and the date and dosage administered. A veterinarian who provides veterinary medical services to a vaccination clinic shall provide a means for clients to obtain advice pertaining to postvaccine reactions for the 24-hour period immediately following the time of vaccination.

   (10)  Veterinary records of retiring veterinarian or a veterinary practice that is closing. A veterinarian shall notify clients, in writing, at least 30 days prior to the date of a planned retirement or closing of a veterinary practice. The written notice must include instructions on how to obtain copies of veterinary medical records from the veterinarian or other custodian of the records and the name, address and telephone number of the person purchasing the practice, if applicable. Veterinary medical records must remain available to clients for 3 years after the date the veterinarian retires or the practice is closed. If prior notice could not be provided, a successor veterinarian shall notify clients within 60 days of the date the successor takes over the practice.

Authority

   The provisions of this §  31.22 amended under section 27.1 of the Veterinary Medicine Act (63 P. S. §  485.27a).

Source

   The provisions of this §  31.22 adopted May 20, 1994, effective May 21, 1994, 24 Pa.B. 2611; amended July 13, 2007, effective July 14, 2007, 37 Pa.B. 3240. Immediately preceding text appears at serial pages (309619) to (309620).

Cross References

   This section cited in 49 Pa. Code §  31.21 (relating to rules of professional conduct for veterinarians).

CERTIFIED VETERINARY TECHNICIANS AND
VETERINARY ASSISTANTS


§ 31.31. Scope of practice.

 (a)  Certified veterinary technicians. A certified veterinary technician may perform the duties enumerated in this subsection under direct veterinary supervision or indirect veterinary supervision as indicated. While some of the enumerated duties may be applicable primarily to small animal practices, the intended scope of this subsection is both large and small animal practices. This subsection does not prohibit the performance by a certified veterinary technician of a service which is not listed in this subsection if the service is within the certified veterinary technician’s skills, forms a usual component of the veterinarian’s scope of practice, and is requested by the supervising veterinarian. The veterinarian bears ultimate responsibility for assuring that the certified veterinary technician to whom a duty is assigned is competent to perform it.

   (1)  A certified veterinary technician may do the following only under direct veterinary supervision:

     (i)   Administer anesthesia—including induction, intubation, maintenance and recovery and intravenous sedation.

     (ii)   Perform dental prophylaxis.

     (iii)   Establish an open airway.

     (iv)   Administer resuscitative oxygen procedures.

     (v)   Administer external cardiac resuscitation.

     (vi)   Administer resuscitative drugs, in the event of cardiac arrest.

   (2)  Except as provided in paragraph (3), a certified veterinary technician may do the following under indirect veterinary supervision:

     (i)   Perform diagnostic imaging.

     (ii)   Perform intravenous catheterization.

     (iii)   Administer immunizations which are not required by law to be administered in the presence of a licensed veterinarian.

     (iv)   Administer and apply medications and treatments by routes, including intramuscular, intravenous and subcutaneous.

     (v)   Apply bandages.

     (vi)   Perform cardiac monitoring.

     (vii)   Perform appropriate procedures to control bleeding.

     (viii)   Apply splints or immobilizing bandages.

     (ix)   Perform ear flushing.

     (x)   Implant an electronic identification device.

   (3)  If an animal is under anesthesia, a certified veterinary technician may perform the services listed in paragraph (2) only under direct veterinary supervision.

   (4)  Emergency treatment by certified veterinary technicians is permitted without veterinary supervision when an animal has been placed in a life-threatening condition and immediate treatment is necessary to sustain the animal’s life. The certified veterinary technician shall immediately take steps to secure the direct supervision of a veterinarian. Emergency treatment may only consist of those duties enumerated under paragraphs (1) and (2).

 (b)  Veterinary assistants. Veterinary assistants may perform the duties enumerated in this subsection under direct veterinary supervision or immediate veterinary supervision, as indicated. While some of the enumerated duties may be applicable primarily to small animal practices, the intended scope of this subsection is both large and small animal practices. This subsection does not prohibit a veterinary assistant from administering medication or rendering auxiliary or other supporting assistance which is not listed in this subsection if the service is within the veterinary assistant’s skills and is requested by the supervising veterinarian. The veterinarian bears ultimate responsibility for assuring that the veterinary assistant to whom a duty is assigned is competent to perform it.

   (1)  A veterinary assistant may do the following under direct veterinary supervision:

     (i)   Perform ear flushing.

     (ii)   Perform dental prophylaxis.

     (iii)   Perform diagnostic imaging.

     (iv)   Perform intravenous catheterization.

     (v)   Administer immunizations which are not required by law to be administered in the presence of a licensed veterinarian.

     (vi)   Administer and apply medications and treatments by routes, including intramuscular, subcutaneous and previously catheterized vein.

     (vii)   Apply bandages.

     (viii)   Perform cardiac monitoring.

     (ix)   Perform appropriate procedures to control bleeding.

     (x)   Maintain anesthesia and monitor recovery from anesthesia.

     (xi)   Implant an electronic identification device.

   (2)  A veterinary assistant may do the following only under immediate veterinary supervision:

     (i)   Administer anesthesia—including induction, intubation and intravenous sedation.

     (ii)   Establish an open airway.

     (iii)   Administer resuscitative oxygen procedures.

     (iv)   Administer external cardiac resuscitation.

     (v)   Administer resuscitative drugs, in the event of cardiac arrest.

   (3)  Emergency treatment by veterinary assistants is permitted without veterinary supervision when an animal has been placed in a life-threatening condition and immediate treatment is necessary to sustain the animal’s life. The veterinary assistant shall immediately take steps to secure the direct supervision of a veterinarian. Emergency treatment may only consist of those duties enumerated under paragraphs (1) and (2)(i)—(iv).

 (c)  Prohibited acts. Neither certified veterinary technicians nor veterinary assistants may do the following:

   (1)  Perform surgery.

   (2)  Diagnose.

   (3)  Prognose.

   (4)  Prescribe, including treatments, medications or appliances.

   (5)  Attest to health status.

Authority

   The provisions of this §  31.31 amended under sections 3(10)(viii), 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5 and 485.11).

Source

   The provisions of this §  31.31 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (363994) and (308303) to (308305).

Cross References

   This section cited in 49 Pa. Code §  31.1 (relating to definitions); and 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings).

§ 31.32. Certification.

 (a)  As a prerequisite to original certification as a veterinary technician, an applicant shall submit the following documentation to the Board:

   (1)  A completed and signed application for veterinary technician certification.

   (2)  Evidence of satisfactory performance on the VTNE as determined by the Board.

   (3)  Evidence of satisfactory completion of a program at an approved school for the training and education of veterinary technicians.

   (4)  A letter of good standing from the licensure board of each state where the applicant has held a license as a veterinary technician, if any, reporting the outcome of disciplinary actions taken against the applicant in that state.

   (5)  Other relevant documents, as requested by the Board.

 (b)  The fee for application for certification is as specified in §  31.41 (relating to schedule of fees).

Authority

   The provisions of this §  31.32 issued under sections 506 and 812.1 of The Administrative Code of 1929 (71 P.S. § §  186 and 279.3a); sections 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5 and 485.11); amended under sections 3(10)(viii), 5, 11 and 13 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5, 485.11 and 485.13).

Source

   The provisions of this §  31.32 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2688; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (308305) to (308306).

Cross References

   This section cited in 49 Pa. Code §  31.33 (relating to applications); and 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings).

§ 31.33. Applications.

 (a)  An applicant for certification by examination shall complete and file an application with the Board as specified in §  31.32 (relating to certification) and remit to the Board the fee specified in §  31.41 (relating to schedule of fees). An applicant for certification by examination shall also complete and file an application for the Veterinary Technician National Examination and the required fee directly with the professional testing organization. Both applications may be obtained from the professional testing organization.

 (b)  An applicant for certification as an veterinary technician by endorsement shall complete and file with the Board an application for certification by endorsement on forms prescribed by the Board. The application form may be obtained from the Administrative Office of the State Board of Veterinary Medicine, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649 or by accessing the Board’s web page at www.dos.state.pa.us/bpoa/vetbd/mainpage.htm.

Authority

   The provisions of this §  31.33 issued under sections 506 and 812.1 of The Administrative Code of 1929 (71 P.S. § §  186 and 279.3a); sections 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5 and 485.11); amended under sections 3(10)(viii), 5(2) and 13 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5(2) and 485.13).

Source

   The provisions of this §  31.33 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2688; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650. Immediately preceding text appears at serial pages (287869) to (287870).

Cross References

   This section cited in 49 Pa. Code §  31.35 (relating to examinations); and 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings).

§ 31.34. Qualification for examination.

 An applicant for examination shall be a graduate of an approved school or be a student enrolled in the final year of a program at an approved school for the training and education of veterinary technicians provided that the student shall have completed at least half of the credit hours required for completion of the program.

Authority

   The provisions of this §  31.34 amended under sections 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5 and 485.11).

Source

   The provisions of this §  31.34 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (308306) and (342137).

Cross References

   This section cited in 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings).

§ 31.35. Examinations.

 (a)  The examination required for certification as a veterinary technician is the VTNE.

 (b)  An applicant failing to pass an examination for which the applicant has previously qualified may be reexamined at the applicant’s request by submitting a new application and by paying the required fee, in accordance with the policies of the AAVSB.

 (c)  The Board may waive the VTNE if an applicant satisfies the following requirements:

   (1)  Has met all requirements provided for in the act.

   (2)  Has filed the required application as provided in §  31.33 (relating to applications).

   (3)  Has been issued a license, registration or certificate as an animal health technician or a veterinary technician in another state whose requirements are at least equal to those required by the Board for certification as a veterinary technician in this Commonwealth, including successful completion of a program at an approved school for the training and education of veterinary technicians and successful completion of the VTNE or a comprehensive examination equivalent to the VTNE if the examination was taken before the VTNE was offered.

 (d)  Applicants applying under subsection (c) shall include with their application a copy of their state credential (license, registration or certificate) and a letter of good standing from that state’s certifying or licensing authority.

Authority

   The provisions of this §  31.35 amended under sections 3(10)(viii), 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5 and 485.11).

Source

   The provisions of this §  31.35 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial page (342137).

Cross References

   This section cited in 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings).

§ 31.36. Renewal of certification, inactive status and reactivation of certification.

 (a)  Renewal of certification. Renewal of certification shall be biennially. A renewal application shall be returned by the renewal deadline and shall be accompanied by an affidavit of attendance at continuing education programs for 16 hours every 2 years, and by a fee as specified in §  31.41 (relating to schedule of fees). A certified veterinary technician who fails to biennially renew certification, but who continues to practice as a certified veterinary technician in this Commonwealth shall be subject to disciplinary action by the Board, and will be required to pay a late fee of $5 for each month or part of a month beyond the date specified for renewal, as provided in section 225 of the Bureau of Professional and Occupational Affairs Fee Act (63 P. S. §  1401-225), in addition to the prescribed biennial renewal fee.

 (b)  Inactive status. Certified veterinary technicians who are not practicing in this Commonwealth may request that their certification be placed on inactive status, during which time renewal fees will not be assessed.

 (c)  Reactivation of certification. Certified veterinary technicians who desire to reactivate certification may do so by complying with the continuing education requirements in effect at the time of reactivation, paying the current renewal fee and submitting an affidavit to the Board setting forth the period of time in which the certificate holder did not practice in this Commonwealth. Certified veterinary technicians who seek to reactivate certification will not be assessed a late renewal fee for the preceding biennial renewal periods in which the certificate holder did not engage in practice in this Commonwealth.

Authority

   The provisions of this §  31.36 issued under sections 506 and 812.1 of The Administrative Code of 1929 (71 P.S. § §  186 and 279.3a); sections 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5 and 485.11); amended under sections 5, 11, 13 and 18 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5, 485.11, 485.13 and 485.18).

Source

   The provisions of this §  31.36 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2688; amended January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended January 16, 2004, effective January 17, 2004, 34 Pa.B. 388; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (342137) to (342138).

Cross References

   This section cited in 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings); and 49 Pa. Code §  43b.21 (relating to schedule of civil penalties—veterinarians and veterinary technicians—statement of policy).

§ 31.37. [Reserved].


Source

   The provisions of this §  31.37 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; reserved December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959. Immediately preceding text appears at serial page (154113).

§ 31.38. Code of ethics for certified veterinary technicians.

 (a)  The certificate of a certified veterinary technician will only be valid for use when the holder is in the employ of or under the supervision of a veterinarian licensed in this Commonwealth.

 (b)  The holder of a certificate may not accept a direct fee for services rendered as a certified veterinary technician from other than the certificateholders’ employer.

 (c)  A certified veterinary technician may not compromise the confidentiality of the veterinarian-client-patient relationship.

 (d)  A certified veterinary technician who communicates directly with a client shall notify the client that the certificate holder is a certified veterinary technician.

 (e)  A certified veterinary technician shall be responsible to the client and to the veterinarian in the following respects:

   (1)  To undertake only what the veterinarian authorizes or directs.

   (2)  To perform the veterinary technician’s work only in the manner directed by the veterinarian and to employ the veterinary technician’s best care and skill in performing all work for the veterinarian. The veterinary technician may not undertake any work which the veterinary technician is not capable of performing satisfactorily.

 (f)  A certified veterinary technician may not undertake an assignment that the certificateholder is not capable of performing.

 (g)  A certified veterinary technician may not make a false, deceptive or misleading statement or claim. A false, deceptive or misleading statement or claim includes the statements and claims defined in Principle 5(a) of §  31.21 (relating to Rules of Professional Conduct for Veterinarians) and any representation that the certified veterinary technician is a specialist, or a VTS, unless the certified veterinary technician holds current certification from a specialty organization recognized by the National Association of Veterinary Technicians in America or its successor organization.

 (h)  A certified veterinary technician shall not engage in conduct which a reasonable person would believe is intended to coerce, pressure or intimidate another person to file, not file or withdraw a complaint made to the Board or any law enforcement official regarding matters related to the certified veterinary technician’s practice.

 (i)  A certified veterinary technician shall not abuse, harass or intimidate a client, former client, colleague or associate in the course of professional practice.

 (j)  A certified veterinary technician shall not abuse or neglect any animal, as defined in §  31.1 (relating to definitions), whether or not the animal is a patient.

 (k)  A certified veterinary technician shall report to the Board any veterinary technician or veterinarian deficient in professional competence, professional conduct or ethical conduct as described in this chapter, in accordance with the rules set forth in §  31.21, Principle 1(e) (relating to Rules of Professional Conduct for Veterinarians).

Authority

   The provisions of this §  31.38 amended under sections 3(10)(viii), 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5 and 485.11).

Source

   The provisions of this §  31.38 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended July 20, 2007, effective July 21, 2007, 37 Pa.B. 3365; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial page (328729).

Cross References

   This section cited in 49 Pa. Code §  31.39 (relating to grounds for disciplinary proceedings).

§ 31.39. Grounds for disciplinary proceedings.

 (a)  The Board may suspend or revoke certification of a veterinary technician or otherwise discipline a certified veterinary technician or refuse to certify an applicant, or, upon certification, restrict the practice of an applicant who is found guilty by the Board or by a court of one or more of the following:

   (1)  Willful or repeated violations of the act or of § §  31.31—31.36 and 31.38.

   (2)  Fraud or deceit in procuring or attempting to procure certification or presenting to the Board dishonest or fraudulent evidence of qualifications, or fraud or deception in the process of examination for the purpose of securing certification.

   (3)  Fraud, deception, misrepresentation or dishonest or illegal practices in or connected with the person’s employment.

   (4)  Revocation, suspension or other discipline by another state of the certification of the person as an animal health technician or a veterinary technician on grounds similar to those which in this Commonwealth allow disciplinary proceedings, in which case the revocation, suspension or other discipline shall be conclusive evidence.

   (5)  Conviction of or plea of guilty or nolo contendere to a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780.101—780.144), in which case a certified copy of the court record shall be conclusive evidence.

   (6)  Conviction of a felony, a misdemeanor related to the profession or a crime of moral turpitude in the courts of this Commonwealth or of a state, territory or country which, if committed in this Commonwealth, would be deemed a felony, misdemeanor related to the profession or crime of moral turpitude and suspension, revocation or other discipline is in the best interest of the public health and the general safety and welfare of the public. A record of conviction in a court of competent jurisdiction shall be sufficient evidence for disciplinary action to be taken as may be deemed proper by the Board.

   (7)  Permitting or allowing another to use his certification.

   (8)  Addiction to the habitual use of intoxicating liquors, narcotics or stimulants to an extent that incapacitates the certified veterinary technician from the performance of professional obligations or duties.

 (b)  Certified veterinary technicians and veterinary assistants who deviate from the permitted scope of practice as set forth in §  31.31 (relating to scope of practice) will be subject to prosecution and the levying of a civil penalty by the Board under section 28(c) of the act (63 P.S. §  485.28(c)). Veterinarians who permit, order or direct certified veterinary technicians or veterinary assistants to perform duties which are not authorized by §  31.31 will be subject to disciplinary action by the Board under section 21 of the act (63 P.S. §  485.21).

 (c)  Disciplinary action by the Board will be taken only after a formal hearing has been held in accordance with the act.

Authority

   The provisions of this §  31.39 amended under sections 3(10)(viii), 5 and 11 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5 and 485.11).

Source

   The provisions of this §  31.39 adopted January 12, 1979, effective January 13, 1979, 9 Pa.B. 154; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (328729) to (328730) and (359637).

§ 31.40. Continuing education provider approval.

 (a)  The Board will approve without application to the Board and the fee required under §  31.41 (relating to schedule of fees), continuing education courses offered by the following providers so long as the programs are specifically designed to increase the skills, knowledge and competency of certified veterinary technicians:

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

   (2)  Approved schools.

   (3)  Allied organizations of the AVMA.

   (4)  Major regional veterinary organizations approved by the AVMA.

   (5)  The Pennsylvania Veterinary Medical Association and its constituent associations.

   (6)  Other states’ veterinary medical associations.

   (7)  The Veterinary Technicians and Assistants Association of Pennsylvania (VTAAP).

   (8)  Specialty boards of the AVMA.

   (9)  Providers listed on the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB) to offer courses for certified veterinary technicians.

   (10)  The Department of Veterinary and Biomedical Sciences, College of Agricultural Sciences, Pennsylvania State University.

 (b)  Continuing education courses which are offered by providers not covered under subsection (a) shall receive prior approval of the Board. An application for approval of continuing education programs may be obtained from the Administrative Office of the Board, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, (717) 783-1389. A request for approval shall be filed with the Board at least 60 days prior to the date of the proposed program, and shall be accompanied by the fee required by §  31.41.

 (c)  Organizations approved under subsections (a) and (b) shall provide certification of attendance to the certified veterinary technician which includes the name of the sponsor, the name of the licensee, the title of the course, the date of the course, the number of credit hours and the signature of the person authenticating attendance. Organizations approved under subsection (b) shall also provide the Pennsylvania approval number.

 (d)  Instructors of continuing education programs may include:

   (1)  Members of the faculties of approved schools.

   (2)  Licensed doctors of veterinary medicine in this Commonwealth or in another state who are not faculty members of those schools covered under paragraph (1) if, by virtue of their professional activities and achievements in a particular field, the doctors are recognized by the Board as qualified to speak on subjects of pertinent value to veterinary technicians.

   (3)  Other lecturers or instructors who are not licensed to practice veterinary medicine, if the Board determines that they are qualified to speak upon a subject which will be of value to the profession.

 (e)  A resume of the qualifications of instructors of continuing education programs under subsection (d)(3) shall be included with the application for approval of continuing education programs. This subsection does not apply to providers enumerated under subsection (a).

Authority

   The provisions of this §  31.40 amended under sections 3(10)(viii), 5(2), 8, 11, 18 and 27.1 of the Veterinary Medicine Practice Act (63 P.S. § §  485.3(10)(viii), 485.5(2), 485.8, 485.11, 485.18 and 485.27a).

Source

   The provisions of this §  31.40 adopted December 22, 1995, effective December 23, 1995, 25 Pa.B. 5959; amended January 16, 2004, effective January 17, 2004, 34 Pa.B. 388; amended December 17, 2004, effective December 18, 2004, 34 Pa.B. 6650; amended December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676. Immediately preceding text appears at serial pages (352057) to (352058).

FEES


§ 31.41. Schedule of fees.

 An applicant for a license, certificate or service shall submit a payment at the time of the request under the following fee schedule:

   Veterinarian fees for services:

 Application to original, reactivated, reissued or
 reciprocal license … $35

 Application for continuing education program
 approval … $35

 Verification of licensure … $15

 Certification of scores or hours … $25

 Duplicate license … $5

 Late renewal fee per month or part of month … $5

   Veterinarian biennial renewal:

 Biennial renewal fee … $360

   Certified veterinary technician fees for services:

 Application for certification … $35

 Application for continuing education program
 approval … $35

 Verification of certification … $15

 Certification of scores or hours … $25

 Late renewal fee per month or part of month … $5

 Duplicate license … $5

   Certified veterinarian technician biennial renewal:

 Biennial renewal fee … $100

Authority

   The provisions of this §  31.41 issued under section 13 of the Veterinary Medicine Practice Act (act) (63 P.S. §  485.13); amended under section 812.1 of The Administrative Code of 1929 (71 P.S. §  279.3a); and sections 5, 8, 9, 11, 13(b), 18 and 27.1 of the Veterinary Medicine Practice Act (63 P.S. § §  485.5, 485.8, 485.9, 485.11, 485.13(b), 485.18 and 485.27a).

Source

   The provisions of this §  31.41 adopted January 20, 1989, effective January 21, 1989, 19 Pa.B. 237; amended November 23, 1990, effective November 24, 1990, 20 Pa.B. 5837; amended April 10, 1992, effective April 11, 1992, 22 Pa.B. 1756; amended April 30, 1993, effective May 1, 1993, 23 Pa.B. 2117; amended May 12, 1995, effective May 13, 1995, 25 Pa.B. 1858; amended December 8, 1995, effective December 9, 1995, 25 Pa.B. 5586; amended March 12, 1999, effective March 13, 1999, 29 Pa.B. 1392; amended May 26, 2000, effective immediately, and apply to examinations administered after April 12, 2000, 30 Pa.B. 2583; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3044; corrected September 29, 2000, effective May 1, 1999, 30 Pa.B. 5017; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 5954; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1861; amended August 18, 2006, effective August 19, 2006, 36 Pa.B. 4608; amended August 20, 2010, effective August 21, 2010, 40 Pa.B. 4757; amended December 9, 2011, effective December 10, 2011, 41 Pa.B. 6676; amended December 27, 2019, effective December 28, 2019, 49 Pa.B. 7586. Immediately preceding text appears at serial pages (359638) to (359639).

Cross References

   This section cited in 49 Pa. Code §  31.11 (relating to application for licensure); 49 Pa. Code §  31.12 (relating to temporary permits); 49 Pa. Code §  31.13 (relating to licensure renewal); 49 Pa. Code §  31.16 (relating to continuing education provider approval); 49 Pa. Code §  31.32 (relating to certification); 49 Pa. Code §  31.33 (relating to applications); 49 Pa. Code §  31.36 (relating to renewal of certification; inactive status and reactivation of certification); and 49 Pa. Code §  31.40 (relating to continuing education provider approval).

Subchapter B. ANIMAL PROTECTION ORGANIZATIONS AND EUTHANASIA TECHNICIANS


GENERAL PROVISIONS

Sec.


31.101.    Applicability of subchapter.
31.102.    Definitions.
31.103.    Applicability of other laws and rules.
31.104.    Schedule of fees.

CERTIFICATE OF REGISTRATION FOR
ANIMAL PROTECTION ORGANIZATIONS


31.105.    Application for certificate of registration.
31.106.    Qualifications for a certificate of registration; duty to update certification information.
31.107.    Authority of certificate holders to purchase, possess and administer controlled substances; limitations on authority.
31.108.    Duties of certificate holders.
31.109.    Area used for small domestic animal euthanasia; required equipment and supplies.
31.110.    Approved drugs for euthanasia.
31.111.    Storage and security of drugs for euthanasia, certificates of registration and drug order forms.
31.112.    Maintenance of records and inventories of drugs for euthanasia.
31.113.    Renewal of certificate of registration.
31.114.    Grounds for refusal, suspension, revocation or imposition of other disciplinary sanction.
31.115.    Disciplinary sanctions.

EUTHANASIA TECHNICIANS


31.121.    Application for licensure.
31.122.    Qualifications for licensure; duty to update licensure information.
31.123.    Educational programs and examinations for euthanasia technicians.
31.124.    Reports to be filed with the Board.
31.125.    Employment required; services to be provided at shelter only.
31.126.    Renewal of license, inactive status and reactivation of license.
31.127.    Duties of euthanasia technicians.
31.128.    Standards for euthanasia of small domestic animals.
31.129.    Standards for administration of drugs for euthanasia.
31.130.    Grounds for refusal, suspension, revocation or imposition of other disciplinary sanction.

Authority

   The provisions of this Subchapter B added under section 304 of the Animal Destruction Method Authorization Law (3 P.S. §  328.304) and sections 5(1) and 13(a) of the Veterinary Medicine Practice Act (63 P.S. § §  485.5(1) and 485.13(a)), unless otherwise noted.

Source

   The provisions of this Subchapter B added August 9, 2024, effective August 10, 2024, 54 Pa.B. 5092, unless otherwise noted.

GENERAL PROVISIONS


§ 31.101. Applicability of subchapter.

 Subchapter B shall apply to all animal protection organizations operating in this Commonwealth and all individuals, except those exempted by statute, that provide, either personally or through contract or other arrangement, euthanasia for small domestic animals, whether or not the animal protection organization orders drugs for euthanasia under the certificate granted by the Board.

§ 31.102. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   ADMAL—The Animal Destruction Method Authorization Law (3 P.S. § §  328.101—328.1102).

   Animal protection organization—A nonprofit society or association incorporated under 15 Pa.C.S. Chapter 53, Subchapter A (relating to incorporation generally) for the purpose of the prevention of cruelty to animals or a municipality which operates an animal shelter.

   Certificate holder—An animal protection organization that holds a current certificate of registration issued by the Board.

   Chemical restraint—The use, through administration by routes recommended by the manufacturer, of drugs for euthanasia to sedate or tranquilize a small domestic animal prior to the provision of euthanasia.

   DEA—The United States Drug Enforcement Administration.

   Drug for euthanasia—A commercially available injectable drug or combination of drugs approved by the Federal Food and Drug Administration and the Board for the purpose of euthanasia of small domestic animals and chemical restraint approved by the Board for use in conjunction with the euthanasia of small domestic animals.

   Euthanasia technician—An individual who holds a current euthanasia technician license issued by the Board.

   OSHA—The Occupational Safety and Health Administration within the United States Department of Labor.

   PDA—The Pennsylvania Department of Agriculture.

   Restraint—A safe and humane method of restricting a small domestic animal’s movement, including holding the animal or placing the animal in an appropriately sized enclosure.

   Shelter—The physical facility at which a certificate holder provides humane euthanasia in accordance with ADMAL.

   Small domestic animals—Cats and dogs, and any of the following animals whose general intended purpose is to be kept and cared for as household pets: rabbits, mice, rats, hamsters, guinea pigs, ferrets, birds, reptiles and amphibians.

   Supervisor of animal care services—The individual who is responsible to the animal protection organization for animal care services including euthanasia and supervision of euthanasia technicians.

Cross References

   This section cited in 49 Pa. Code §  31.129 (relating to standards for administration of drugs for euthanasia).

§ 31.103. Applicability of other laws and rules.

 (a)   Individuals and certificate holders are subject to the act, ADMAL, this chapter and all other applicable law. For purposes of this section, applicable law includes all of the following:

   (1)  The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § §  780-101—780-144).

   (2)  The Dog Law (3 P.S. § §  459-101—459-1206).

   (3)  Regulations of the PDA, the DEA and OSHA.

   (4)  Any other or subsequent statute, rule or regulation of any government entity, whether Federal, State or local, relevant to the purchase, possession and administration of drugs for euthanasia of small domestic animals, the handling of small domestic animals or the disposal of small domestic animal remains.

 (b)  Except as set forth in ADMAL, activities and proceedings before the Board are subject to 2 Pa.C.S. Chapter 5, Subchapter A and Chapter 7, Subchapter A (relating to Administrative Agency Law) and 1 Pa. Code § §  31.1—35.251 (relating to the General Rules of Administrative Practice and Procedure).

Cross References

   This section cited in 49 Pa. Code §  31.114 (relating to grounds for refusal, suspension, revocation or imposition of other disciplinary sanction).

§ 31.104. Schedule of fees.

 The Board will charge the following fees for the administration of this subchapter:

 Animal protection organizations:

   Application for certificate of registration (includes initial inspection)…$244

   Re-inspection fee…$216

   Biennial renewal of certificate of registration…$50

   Late renewal fee—per month or part of month…$5

 Euthanasia technicians:

   Application for initial license…$87

   Verification of licensure…$15

   Biennial renewal…$25

   Late renewal fee—per month or part of month…$5

Cross References

   This section cited in 49 Pa. Code §  31.105 (relating to application for certificate of registration); 49 Pa. Code §  31.106 (relating to qualifications for a certificate or registration; duty to update certification information); 49 Pa. Code §  31.113 (relating to renewal of certificate of registration); 49 Pa. Code §  31.121 (relating to application for licensure); 49 Pa. Code §  31.122 (relating to qualifications for licensure; duty to update licensure information); and 49 Pa. Code §  31.126 (relating to renewal of license, inactive status and reactivation of license).

CERTIFICATE OF REGISTRATION FOR ANIMAL PROTECTION ORGANIZATIONS


§ 31.105. Application for certificate of registration.

 (a)  An applicant for a certificate of registration from the Board shall file an application in accordance with this chapter and in the manner and format prescribed by the Board.

 (b)  An applicant for a certificate of registration with the Board shall pay the fee set forth in §  31.104 (relating to schedule of fees) upon submission of the application.

 (c)  An applicant for a certificate of registration with the Board shall demonstrate that it meets the requirements of ADMAL and this chapter.

§ 31.106. Qualifications for a certificate of registration; duty to update certification information.

 (a)  The Board may issue a certificate of registration to an animal protection organization that meets all of the following requirements:

   (1)  Demonstrates that it is a nonprofit society or association incorporated in this Commonwealth for the purpose of the prevention of cruelty to animals or is a municipality which operates an animal shelter.

   (2)  Demonstrates that the supervisor of animal care services has completed the didactic portion of a Board-approved euthanasia technician certification course.

   (3)  Demonstrates, by submission of a criminal history record check, that the supervisor of animal care services has not been convicted of a drug trafficking offense as defined in 63 Pa.C.S. §  3113(i) (relating to consideration of criminal convictions), a crime that directly relates to the profession as defined in 63 Pa.C.S. §  3102 (relating to definitions) or a crime of violence as defined in 42 Pa.C.S. §  9714 (relating to sentences for second and subsequent offenses), unless the supervisor of animal care services demonstrates, at a hearing before the Board or its designee, the required mitigating or rehabilitative criteria as enumerated in the act and 63 Pa.C.S. §  3113(b)(1), as applicable.

   (4)  Demonstrates, through a precertification inspection by agents of the Board, that the animal protection organization has adequate shelter facilities to safely and humanely purchase, possess and administer drugs for euthanasia.

   (5)  Submits the names of all euthanasia technicians employed by or under contract with the animal protection organization to administer drugs for euthanasia to small domestic animals.

   (6)  Submits the names of any licensed veterinarian associated with the animal protection organization, along with a description of the association.

 (b)  An application will not be considered until the application is complete and is accompanied by the required fee set forth in §  31.104 (relating to schedule of fees).

 (c)  An application for certificate of registration will be thoroughly investigated.

 (d)  An animal protection organization applying for a certificate of registration will be inspected by agents of the Board to determine if the equipment and facilities of the organization meet the requirements of this subchapter. An animal protection organization that does not meet the requirements of this subchapter may not commence or continue operations until the organization has been inspected again and found to be compliant. An animal protection organization shall pay the re-inspection fee set forth in §  31.104 prior to re-inspection.

 (e)  The Board reserves the authority to require an applicant to provide additional information or evidence to support the application for certificate of registration. The Board may require an applicant to appear before the Board to provide the Board this additional information or evidence.

 (f)  An application submitted to the Board will be active for a period of 12 months from the date the application fee is paid by the applicant. If an application is not completed within 12 months, it will be deemed withdrawn and a new application, including payment of the application fee, will be required should the applicant later seek registration.

 (g)  An applicant shall update the application if any information on the application changes prior to issuance of the certificate of registration.

§ 31.107. Authority of certificate holders to purchase, possess and administer controlled substances; limitations on authority.

 (a)  A certificate holder that holds a current, unrestricted DEA Certificate of Registration may do all of the following:

   (1)  Purchase, possess and administer, through its authorized agents, drugs for euthanasia.

   (2)  Transfer drugs for euthanasia to a currently licensed euthanasia technician or veterinarian who is employed by or under contract with the certificate holder to provide euthanasia to small domestic animals for the purpose of administration to small domestic animals, provided, however, that the drugs for euthanasia may only be used to provide euthanasia at the shelter.

   (3)  Dispose of drugs for euthanasia in accordance with law.

 (b)  A certificate holder may not do any of the following:

   (1)  Purchase, possess or administer any controlled substance or any other legend drug which is not a drug for euthanasia. This provision does not prohibit a certificate holder with a staff veterinarian to possess drugs used for other purposes acquired under the authority of the staff veterinarian’s license and DEA registration.

   (2)  Transfer a drug for euthanasia to anyone other than a currently licensed euthanasia technician or veterinarian employed by or under contract with the animal protection organization to provide euthanasia on the premises of the certificate holder.

   (3)  Authorize, permit or allow any drug for euthanasia purchased or possessed by the certificate holder under the authority of ADMAL to leave the premises of the shelter.

   (4)  Authorize, permit or allow the disposal of drugs for euthanasia in any manner other than that required by law.

   (5)  Authorize, permit or allow any other individual or animal protection organization to use the certificate holder’s certificate of registration issued by the Board or DEA Certificate of Registration to purchase, possess, administer or transfer a drug for euthanasia or any other controlled substance or legend drug.

§ 31.108. Duties of certificate holders.

 (a)  A certificate holder shall do all of the following:

   (1)  Inform the Board if the certificate holder knows or has reason to believe that a euthanasia technician providing euthanasia at the shelter does not possess, or no longer possesses, the knowledge and ability to provide humane handling and euthanasia to small domestic animals in this Commonwealth by the administration of injectable agents by intravenous and intraperitoneal injection.

   (2)  Provide an area suitable for storage of drugs and equipment for euthanasia, and for the provision of euthanasia, in accordance with §  31.109 (relating to area used for small domestic animal euthanasia; required equipment and supplies).

   (3)  Register with and receive a certificate of registration from the DEA prior to the purchase, possession or administration of any drugs for euthanasia.

   (4)  Obtain separate certificates of registration from the Board and DEA for each address where euthanasia drugs are stored or administered.

   (5)  Submit a copy of the DEA Certificate of Registration to the Board within 5 business days of receiving each initial certificate of registration and within 5 business days of the renewal of each certificate of registration.

   (6)  Maintain a controlled substance log in the manner and format required by the DEA and immediately make the controlled substance log available for inspection by agents of the Board, PDA or the DEA upon request. Unless a longer retention period is specified by DEA regulation at 21 CFR Part 1304 (relating to records and reports of registrants), records and reports must be retained for 2 years.

   (7)  Cooperate with the Board and its agents in the inspection of the euthanasia facility, inspection of licenses and registrations, and investigation of complaints filed with the Board.

 (b)  A certificate holder shall provide written notice of any of the following to the Board within 30 days:

   (1)  Change of supervisor of animal care services, including proof that the new supervisor of animal care services has completed the didactic portion of a Board-approved euthanasia technician course.

   (2)  Change or addition of euthanasia technician, including the name and license number of the new or additional euthanasia technician or technicians employed by or under contract with the animal protection organization.

   (3)  Change to the list of personnel authorized to access drugs for euthanasia under §  31.111(c) (relating to storage and security of drugs for euthanasia, certificates of registration and drug order forms).

   (4)  A disciplinary action taken against any euthanasia technician, the supervisor of animal care services or the executive director of the certificate holder by a licensing agency of another jurisdiction, or a finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, a disposition in lieu of trial or an Accelerated Rehabilitative Disposition of any felony or misdemeanor.

   (5)  Change in the physical location or significant changes to the shelter, and, if applicable, demonstration that a new DEA Certificate of Registration has been obtained for the new address.

§ 31.109. Area used for small domestic animal euthanasia; required equipment and supplies.

 (a)  A certificate holder shall provide an area used for small domestic animal euthanasia at a shelter that meets all of the following requirements:

   (1)  Is separated from the rest of the shelter and from public view, is not used for any other purpose while a small domestic animal is being euthanized and in which unrelated animals are not present.

   (2)  Has bright and even lighting. Additional lighting over the location where euthanasia agents are administered by injection is highly recommended.

   (3)  Has an ambient temperature that is between 60-degrees and 80-degrees Fahrenheit.

   (4)  Has adequate ventilation to prevent the accumulation of odors.

   (5)  Has flooring, which is dry and non-slip to prevent accidents, and is easy to clean and disinfect.

   (6)  Is kept clean and disinfected.

 (b)  A certificate holder shall provide, at a minimum, the following equipment and supplies for the area used for small domestic animal euthanasia:

   (1)  A table or work area where a small domestic animal can be handled and restrained while being euthanized. The surface must be easily disinfected and appropriate for the species and size of small domestic animals euthanized by the animal protection organization.

   (2)  A cabinet, table or workbench where the controlled dangerous substances, needles, catheters, syringes, clippers and other equipment and supplies can be placed while euthanasia is being performed. This surface should be adjacent to, but separate from, the area where the small domestic animals are handled.

   (3)  A hand-washing sink that can be easily accessed by the animal protection organization’s euthanasia technician and animal handler. For purposes of this provision, the sink must be no more than 30 feet from the area where euthanasia is conducted. Animal protection organizations with alternate physical layouts may request a variance from this provision.

   (4)  Emergency eye wash equipment in working order that can be easily accessed by the animal protection organization’s euthanasia technician and animal handler. For purposes of this provision, the emergency eye wash equipment must be no more than 30 feet from the area where euthanasia is conducted. Animal protection organizations with alternate physical layouts may request a variance from this provision.

   (5)  Documented procedure for providing clean and sanitary towels.

   (6)  Equipment and supplies as needed for adequate room sanitation, such as detergents, disinfectants, paper towels, brooms and mops.

   (7)  Eye or face protection for personnel reconstituting drugs for euthanasia, performing injections or restraining small domestic animals for injection.

   (8)  Disposable medical exam gloves.

   (9)  Suitable personal protective equipment, including animal handling gloves.

   (10)  An assortment of muzzles or appropriate disposable material which can be used for muzzles.

   (11)  A control stick for dogs.

   (12)  Capture/restraint nets suitable for the species and size of small domestic animals normally handled by the certificate holder and constructed of materials that can be sanitized.

   (13)  Towels of terry cloth or other fabric suitable for restraining small domestic animals.

   (14)  Hair clippers with a minimum of two sets of # 30 or # 40 or equivalent size clipper blades, maintained sharp and in good condition.

   (15)  Quick-release tourniquets appropriate for the sizes of small domestic animals normally handled by the certificate holder.

   (16)  A supply of 18-gauge, 20-gauge and 22-gauge disposable needles of medical quality in appropriate lengths and in other gauges and lengths as required by the species and size of small domestic animals normally handled by the certificate holder, in a quantity appropriate considering the number of small domestic animals euthanized by the certificate holder over a period of time and the schedule for ordering these supplies.

   (17)  A supply of disposable syringes of medical quality in sizes appropriate for the volumes of drugs which must be administered based on the species and sizes of small domestic animals normally handled by the certificate holder, in a quantity appropriate considering the number of small domestic animals euthanized by the certificate holder over a period of time and the schedule for ordering these supplies.

   (18)  A commercially available sharps container for used needles and syringes, constructed of puncture-resistant material and which complies with 29 CFR 1910.1030(d)(2)(viii) (relating to bloodborne pathogens).

   (19)  A stethoscope.

   (20)  A penlight and spare batteries.

   (21)  Hand soap.

   (22)  A first-aid kit for humans, which includes, at a minimum, the supplies suggested by the American Red Cross for a first aid kit for a family of four.

   (23)  A spill kit, as defined by OSHA, suitable for cleaning spills of drugs for euthanasia.

   (24)  A freezer, refrigerator or mortuary cooler for the storage of the remains of euthanized small domestic animals pending disposal.

 (c)  The equipment and supplies must be kept clean, free of dust or other foreign matter and in good working order. The equipment and supplies must be stored in an orderly, safe manner.

Cross References

   This section cited in 49 Pa. Code §  31.108 (relating to duties of certificate holders).

§ 31.110. Approved drugs for euthanasia.

 (a)  The Board will publish the list of approved drugs for euthanasia that certificate holders may purchase, possess and administer in the Pennsylvania Bulletin and on the Board’s web site. The Board may update the list of approved drugs for euthanasia by adding or deleting drugs from the approved list to conform to standards of practice that are acceptable in the veterinary medical community. Changes to the list of approved drugs will be published in the Pennsylvania Bulletin and on the Board’s web site.

 (b)  A certificate holder may petition the Board for the addition or deletion of drugs for euthanasia on the Board’s approved list by filing a written petition with the Board setting out the request and justification for the request, as a petition for amendment of regulations under 1 Pa. Code §  35.18 (relating to petitions for issuance, amendment, waiver or deletion of regulations).

 (c)  A certificate holder may use drugs for euthanasia only to provide humane euthanasia of small domestic animals within the shelter facility.

 (d)  A certificate holder shall use drugs for euthanasia within the expiration date printed on the primary commercial container by the manufacturer.

§ 31.111. Storage and security of drugs for euthanasia, certificates of registration and drug order forms.

 (a)  A certificate holder shall store all drugs for euthanasia in accordance with the Federal regulations at the level of security required for practitioners at 21 CFR 1301.71—1301.77 (relating to security requirements). The level of security required may vary depending on the registered location, the number of employees and other personnel who have access to the area where drugs for euthanasia are stored, the quantity of drugs for euthanasia kept on hand and the prior history of theft or diversion. Specific questions regarding the adequacy of security measures shall be directed to the DEA.

 (b)  A certificate holder shall provide for the storage, security and disposal of drugs for euthanasia at the shelter. Acceptable storage and security are required at the location for which the animal protection organization is registered with the Board and the DEA. Expired drugs shall be disposed of in accordance with Federal law and implementing regulations at 21 CFR Part 1317 (relating to disposal).

 (c)  A certificate holder shall store all drugs for euthanasia in a securely locked, substantially constructed cabinet which is securely attached to the building in which it is housed, and which is accessible only to personnel authorized by the animal protection organization to have access to the drugs. A list of individuals authorized to have access to the drugs shall be provided to the Board upon initial inspection, reinspection or upon request.

 (d)  A certificate holder shall store drugs for euthanasia in an environment that meets the manufacturer’s recommendations for proper storage.

 (e)  A certificate holder shall maintain its original DEA Certificate of Registration in the cabinet or safe or separately in a securely locked metal container within the cabinet or safe, as appropriate, so that it is accessible only to the shelter director in charge of ordering or purchasing drugs for euthanasia or an individual who has a current DEA Certificate of Registration.

 (f)  A certificate holder shall secure unexecuted order forms for Schedule II drugs (DEA Form 222) in a cabinet or safe or separately in a securely locked metal container within the cabinet or safe, as appropriate, which is accessible only to the shelter director or an individual who has a current DEA Certificate of Registration for Schedule II drugs.

Cross References

   This section cited in 49 Pa. Code §  31.108 (relating to duties of certificate holders).

§ 31.112. Maintenance of records and inventories of drugs for euthanasia.

 (a)  A certificate holder shall comply with all applicable Federal and State laws, rules and regulations relating to registration, ordering and receiving, security, record keeping, inventory and disposal of drugs for euthanasia.

 (b)  A certificate holder shall maintain all drugs for euthanasia in their original container, clearly marked as to contents, until the drugs are ready to be used or reconstituted for use.

 (c)  A certificate holder shall maintain current accurate records of the purchase, administration, transfer and disposal of drugs for euthanasia. These records shall consist of all of the following:

   (1)  A master logbook containing information about the purchase, receipt and disposal of all drugs for euthanasia.

   (2)  Drug administration records for every drug for euthanasia.

   (3)  A weekly physical inventory of all drugs for euthanasia.

 (d)  The master log shall be created and maintained as required by the DEA.

 (e)  The drug administration records shall meet all of the following requirements:

   (1)  Be made available to the Board or its agents on demand.

   (2)  Consist of a separate form for each container of a drug for euthanasia on which all of the following information is recorded:

       (i)   The generic name of the drug for euthanasia.

       (ii)   The volume of the container.

       (iii)   The concentration of the drug for euthanasia in milligrams per milliliter, capsule or tablet, as applicable.

       (iv)   The species, weight and individual identification number, if applicable, of every small domestic animal to which the contents of the container were administered, the route of administration and the volume or amount of drugs for euthanasia administered.

       (v)   The remaining balance of the drugs for euthanasia in the container.

   (3)  Be maintained at the shelter facility in a readily retrievable file.

 (f)  The weekly physical inventory of drugs for euthanasia shall meet all of the following requirements:

   (1)  Be conducted in accordance with DEA regulations at 21 CFR 1304.11 (relating to inventory requirements) and be recorded on a form acceptable to the DEA.

   (2)  Be signed or initialed by the supervisor of animal care services.

   (3)  Be maintained in a readily retrievable file at the shelter where the drugs are stored.

 (g)  The supervisor of animal care services or his or her designee shall report suspected or documented theft or diversion of drugs for euthanasia to the Board and the DEA immediately.

 (h)  A certificate holder shall maintain original copies of the records at the shelter for not less than 2 years.

 (i)  If a certificate holder surrenders its Board or DEA Certificate of Registration for a shelter, the original copies of the records required by this section shall be retained at the shelter facility if the shelter is a subsequent certificate holder. If the shelter is not a subsequent certificate holder, or if retaining the records at the shelter facility is impossible or impracticable, the certificate holder shall notify the Board, in writing, at least 30 days prior to the date a certificate holder surrenders its Board or DEA Certificate of Registration. The written notice must include instructions on how to obtain copies of the records from the custodian of the records and the name, address and telephone number of the custodian of records. The custodian of records shall maintain original copies of the records for not less than 2 years.

 (j)  If a certificate holder surrenders its Board or DEA Certificate of Registration, the certificate holder shall promptly dispose of drugs for euthanasia in accordance with DEA regulations at 21 CFR Part 1317 (relating to disposal) and shall immediately, upon completion of disposal, send a copy of the disposal documentation to the Board.

§ 31.113. Renewal of certificate of registration.

 A certificate of registration shall be renewed biennially before December 1 of each even-numbered year by filing a biennial renewal application provided by the Board and paying the biennial renewal fee in §  31.104 (relating to schedule of fees). A certificate holder shall renew the certificate prior to the expiration date of the certificate. Applications for renewal must be submitted in accordance with this subchapter and in the manner and format prescribed by the Board. A renewed certificate of registration is valid for a period of 2 years. An initial certification of registration issued at any time after September 1 of an even-numbered year will not be subject to renewal until the next even-numbered year.

§ 31.114. Grounds for refusal, suspension, revocation or imposition of other disciplinary sanction.

 (a)  A certificate holder is subject to the disciplinary provisions in the act, including the authorization for the Board to discipline any license or certificate in section 21 of the act (63 P.S. §  485.21), which applies to the certificate of registration granted to an animal protection organization, for violating the act, this chapter and other applicable law as set forth in §  31.103 (relating to applicability of other laws and rules). The Board may refer matters related to a certificate holder to other civil, criminal or administrative agencies for investigation.

 (b)  A certificate holder is subject to the penalty provisions in the act, ADMAL, this chapter and other applicable law.

 (c)  A certificate holder or an animal protection organization that does not hold a current certificate of registration with the Board may not provide euthanasia to small domestic animals under ADMAL. The following apply:

   (1)  Violations of this section may be prosecuted before the Board under the act, ADMAL, 63 Pa.C.S. §  3108 (relating to civil penalties) or this chapter.

   (2)  The Board may refer any suspected or proven violation of the act, ADMAL, 63 Pa.C.S. §  3108 or this chapter for criminal prosecution.

 (d)  A certificate holder is subject to discipline by the Board for all of the following:

   (1)  Failing to admit agents of the Board to conduct investigations or inspections of the certificate holder’s compliance with applicable laws or for failing to admit agents of the PDA to conduct investigations or inspections that the PDA is authorized to conduct.

   (2)  Having discipline imposed by the DEA on the DEA Certificate of Registration or any enforcement action by the PDA.

   (3)  Failing to ensure that euthanasia technicians employed by or under contract with the certificate holder hold a current license issued by the Board.

   (4)  Allowing a euthanasia technician to perform duties in an unsafe or inhumane manner or in a manner that violates applicable law.

§ 31.115. Disciplinary sanctions.

 (a)  When the Board finds that a certificate holder or unlicensed entity performing euthanasia has violated the act or ADMAL, the Board may suspend or revoke the certificate of registration, impose other disciplinary sanctions set forth in section 24 of the act (63 P.S. §  485.24) and may impose civil penalties provided for in section 28 of the act (63 P.S. §  485.28), in section 502 of ADMAL (3 P.S. §  328.502) and in 63 Pa.C.S. §  3108 (relating to civil penalties).

 (b)  Disciplinary action will be taken in accordance with the procedures set forth in the act, 2 Pa.C.S. Chapter 5, Subchapter A and Chapter 7, Subchapter A (relating to Administrative Agency Law) and 1 Pa. Code § §  31.1—35.251 (relating to General Rules of Administrative Practice and Procedure).

 (c)  The Board will summarily revoke the certificate of a certificate holder if the PDA revokes a license associated with the shelter or certificate holder.

EUTHANASIA TECHNICIANS


§ 31.121. Application for licensure.

 (a)  An applicant for licensure as a euthanasia technician shall do all of the following:

   (1)  File an application for licensure in a manner and format approved by the Board.

   (2)  Pay the application fee in §  31.104 (relating to schedule of fees) which shall be submitted with the application. Application fees are nonrefundable, regardless of the Board’s determination as to whether a license will issue.

   (3)  Demonstrate that the applicant meets the requirements of ADMAL and this chapter.

 (b)  An applicant whose application for licensure has been provisionally denied by the Board is entitled to a hearing at which the applicant will bear the burden of demonstrating that the application should be granted.

 (c)  Final denial of an application for licensure is subject to appeal to the Commonwealth Court of Pennsylvania.

§ 31.122. Qualifications for licensure; duty to update licensure information.

 (a)  The Board may issue a euthanasia technician license to an applicant who pays the application fee in §  31.104 (relating to schedule of fees) and submits satisfactory evidence that the applicant meets all of the following requirements:

   (1)  Is 18 years of age or older.

   (2)  Has received a high school diploma or its equivalent.

   (3)  Has adequate knowledge of the potential hazards and proper techniques to be used in the administration of drugs for euthanasia by satisfying the requirements of this section and meets at least one of the following criteria:

     (i)   Has successfully completed a euthanasia technician certification course, including at least 14 hours of instruction, which is administered by an animal protection organization or school approved by the Board under §  31.123 (relating to educational programs and examinations for euthanasia technicians) to administer the course and is listed on the Board’s web site as an approved course.

     (ii)   Is a euthanasia technician registered or licensed under the laws of another state or territory of the United States which has requirements substantially similar to the requirements of this section and who presents satisfactory proof to the Board of being engaged in the practice of euthanasia for a period of at least 1 year out of the past 5 years.

   (4)  Has not been convicted of a drug trafficking offense as defined in 63 Pa.C.S. §  3113(i) (relating to consideration of criminal convictions), a crime that directly relates to the profession as defined in 63 Pa.C.S. §  3102 (relating to definitions) or a crime of violence as defined in 42 Pa.C.S. §  9714 (relating to sentences for second and subsequent offenses), unless the applicant demonstrates, at a hearing before the Board or its designee, the required mitigating or rehabilitative criteria as enumerated in the act and 63 Pa.C.S. §  3113(b)(1), as applicable.

   (5)  Has adequate knowledge of the Commonwealth’s statutes and regulations relating to euthanasia and demonstrates knowledge in a manner and format approved by the Board.

 (b)  An application for licensure will not be considered until the application is complete, including providing a criminal background check, obtaining verification of licensure in other states or making personal written statements regarding matters related to the qualifications for licensure as instructed by Board staff.

 (c)  An application for licensure will be thoroughly investigated. The Board or its agents may inquire from the references or by other means the Board deems expedient as to the accuracy of the information submitted. If the replies from the references cited are not received within a reasonable time, the Board will notify the applicant so the applicant can provide additional references. Information obtained in the investigation of an application will be maintained by the Board as a permanent record and will remain the property of the Board.

 (d)  The Board reserves the authority to require an applicant to provide additional information or evidence to support the application for licensure. The Board may require an applicant to appear before the Board to provide the Board with additional information or evidence.

 (e)  An application for licensure submitted to the Board will be active for a period of 12 months from the date the application fee is paid by the applicant. If an application is not completed within 12 months, it will be deemed withdrawn and a new application and application fee will be required should the applicant later seek licensure.

 (f)  An applicant shall update the application for licensure if any information on the application changes prior to issuance of the license.

§ 31.123. Educational programs and examinations for euthanasia technicians.

 (a)  In accordance with section 304(c)(1)(ii)(A) of ADMAL (3 P.S. §  328.304(c)(1)(ii)(A)), the Board may approve euthanasia technician certification courses that include at least 14 hours of instruction, administered by any of the following:

   (1)  The National Animal Control Association.

   (2)  The American Humane Association.

   (3)  The Humane Society of the United States.

   (4)  The Pennsylvania Veterinary Medical Association.

   (5)  The University of Pennsylvania School of Veterinary Medicine.

   (6)  The Federated Humane Societies of Pennsylvania.

   (7)  Another organization or school approved by the Board.

 (b)  The Board will announce the list of approved euthanasia technician certification courses on its web site.

 (c)  Administrators of euthanasia technician certification courses that wish to be included on the list of Board-approved courses shall submit all of the following to the Board:

   (1)  A list of the minimum qualifications of instructors who will teach the courses.

   (2)  A copy of the program curriculum, which must consist of a minimum of 14 hours of instruction and must evidence the ability to provide certificate holders with the knowledge and ability to provide humane handling and euthanasia to small domestic animals in this Commonwealth by the administration of injectable agents by intravenous and intraperitoneal injection. Curriculum must include content in all of the following:

     (i)   Humane handling and appropriate restraint of small domestic animals for euthanasia.

     (ii)   Appropriate criteria and techniques to verify the death of a small domestic animal.

     (iii)   Proper handling of drugs for euthanasia.

     (iv)   Proper security and storage of drugs for euthanasia.

     (v)   Required documentation related to drugs for euthanasia.

     (vi)   Correct calculation of a dosage of drugs for euthanasia.

     (vii)   Universal precautions for handling and disposal of needles and syringes.

     (viii)   Preparation of injection site.

     (ix)   Injection technique for intravenous injection.

     (x)   Injection technique for intraperitoneal injection.

     (xi)   Appropriate uses of intraperitoneal injection.

   (3)  A copy of the evaluative tool used to measure competence of students who have completed the certification course. An examinee may be provided no more than three attempts at demonstrating competence through utilization of the administrator’s evaluative tool without a requirement that the student retake the training course prior to being reevaluated.

Cross References

   This section cited in 49 Pa. Code §  31.122 (relating to qualifications for licensure; duty to update licensure information).

§ 31.124. Reports to be filed with the Board.

 (a)  A licensed euthanasia technician shall provide written notice of any of the following to the Board within 30 days:

   (1)  A disciplinary action taken against the licensee by a licensing agency of another jurisdiction.

   (2)  A finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, a disposition in lieu of trial or an Accelerated Rehabilitative Disposition of any felony or misdemeanor offense.

   (3)  A change in the licensee’s name or mailing address.

 (b)  The Board may take disciplinary action against a licensee who violates this section.

Cross References

   This section cited in 49 Pa. Code §  31.127 (relating to duties of euthanasia technicians).

§ 31.125. Employment required; services to be provided at shelter only.

 A euthanasia technician license authorizes the license holder to administer drugs for euthanasia only on the shelter premises at which the euthanasia technician is employed or with which the euthanasia technician has a contract for the provision of humane euthanasia services.

§ 31.126. Renewal of license, inactive status and reactivation of license.

 (a)  A euthanasia technician license shall be renewed biennially before December 1 of each even-numbered year, by filing a biennial renewal application provided by the Board and paying the biennial renewal fee in §  31.104 (relating to schedule of fees).

 (b)  A euthanasia technician shall renew the euthanasia technician’s license prior to the expiration date of the license by submitting a renewal form provided by the Board and paying the biennial renewal fee. Applications for renewal must be submitted in accordance with this subchapter and in the manner and format prescribed by the Board. A renewed license is valid for a period of 2 years. An initial euthanasia technician license issued at any time after September 1 of an even-numbered year will not be subject to renewal until the next even-numbered year.

§ 31.127. Duties of euthanasia technicians.

 (a)  A euthanasia technician shall perform euthanasia services humanely, as further set forth in §  31.128 (relating to standards for euthanasia of small domestic animals).

 (b)  A euthanasia technician shall do all of the following:

   (1)  Maintain the euthanasia technician’s license in active status.

   (2)  Provide updated information to the Board as set forth in §  31.124 (relating to reports to be filed with the Board).

   (3)  Perform small domestic animal euthanasia in accordance with ADMAL and this chapter.

   (4)  If chemical restraint is not used, document the specific circumstances that make the administration of chemical restraint more likely to cause more distress to a particular small domestic animal.

   (5)  If intravenous injection of euthanasia solution cannot be used, document the physical condition, size or behavior of any dog or cat over the age of 16 weeks and any other small domestic animal to support the use of peritoneal injection.

   (6)  Verify death of a small domestic animal by examination and establishment of the absence of heartbeat and respiration and lack of corneal and pupillary reflexes before disposal of the body.

   (7)  Maintain the security of all controlled substances and other drugs used for the purposes of small domestic animal euthanasia.

   (8)  Promptly and accurately record the quantity of controlled substances and other drugs used for euthanasia and any drug waste.

   (9)  Immediately report suspected or documented theft or diversion of controlled substances and other drugs used for the purposes of small domestic animal euthanasia to the Board and the DEA.

§ 31.128. Standards for euthanasia of small domestic animals.

 (a)  In accordance with ADMAL, the euthanasia of small domestic animals in the custody of a certificate holder shall comply with the standards set forth in this subchapter.

 (b)  Euthanasia of small domestic animals shall be performed by administration of drugs for euthanasia approved by the Board.

 (c)  Euthanasia shall be provided in a humane manner, meaning that services are provided in a professional and gentle manner with respect for the individual small domestic animal and nature of that small domestic animal and its species, with the goal of minimizing pain, fright and anxiety in the small domestic animal being euthanized and any other animals in the area, using the best available ethical and veterinary medical knowledge and technology.

 (d)  The small domestic animal shall be kept as free from pain, fear and anxiety as possible.

 (e)  Death shall be confirmed by examination and establishment of the absence of heartbeat and respiration and lack of corneal and pupillary reflexes before disposal of the body.

 (f)  Drugs for euthanasia shall be administered in a registered facility only by:

   (1)  A licensed veterinarian.

   (2)  A licensed euthanasia technician acting in accordance with ADMAL and this subchapter.

Cross References

   This section cited in 49 Pa. Code §  31.127 (relating to duties of euthanasia technicians).

§ 31.129. Standards for administration of drugs for euthanasia.

 An individual administering drugs for euthanasia shall comply with all of the following standards:

   (1)  A small domestic animal shall be restrained, as defined in §  31.102 (relating to definitions), after injection of drugs for euthanasia until the small domestic animal is unconscious, except as provided in paragraph (2).

   (2)  If a small domestic animal should not be held or restrained because holding or other physical restraint would either increase the anxiety or fear of the small domestic animal or would place the person holding or restraining the small domestic animal in physical danger, it shall be placed alone in an enclosure which is appropriate for the species and size of the small domestic animal and permits adequate visual observation of the small domestic animal, except that dogs or cats under 16 weeks of age or other small domestic animals which have not been weaned may be placed together in an enclosure with their littermates or dam, or both.

   (3)  Unless the small domestic animal to be euthanized is heavily tranquilized, anesthetized or comatose, an individual administering drugs for euthanasia shall have the assistance of an animal handler immediately available in the euthanasia area when the individual is administering an intravenous injection.

   (4)  Chemical restraint shall be used to minimize distress to the small domestic animal or danger to the staff, unless specific documented circumstances make the administration of chemical restraint more likely to cause more distress to the small domestic animal. Chemical restraint may be administered by routes as appropriate to the objectives of minimizing distress and maximizing safety.

   (5)  Intravenous injection of euthanasia solution shall be used on all dogs and cats 16 weeks of age and older and any other small domestic animal, unless the physical condition, size or behavior of the small domestic animal presents a danger to the individual performing the injection or the animal handler, or the physical restraint required for intravenous injection would cause unnecessary fear or anxiety in the small domestic animal.

   (6)  A drug for euthanasia may be administered by intraperitoneal injection to a small domestic animal only when the physical condition, size or behavior of the small domestic animal presents a danger to the individual performing the injection or the animal handler, the physical restraint required for intravenous injection would cause unnecessary fear or anxiety in the small domestic animal or the small size of the small domestic animal would make location and injection into a vein extremely difficult or impossible. The following apply:

     (i)   After an intraperitoneal injection of a drug for euthanasia, the small domestic animal shall be placed alone in an enclosure which is appropriate for the species and size of the small domestic animal and permits adequate visual observation of the small domestic animal and where the small domestic animal can be kept calm and free of anxiety. An exception may be made in the case of young littermates.

     (ii)   A small domestic animal which has received a drug for euthanasia by intraperitoneal injection shall be observed at least every 5 minutes after injection until death is verified.

   (7)  The gauge and length of the needle or catheter used shall be appropriate to minimize pain and distress for the size and species of the small domestic animal and the method of injection.

   (8)  A new, unused disposable needle or catheter of medical quality shall be used for the administration of drugs for euthanasia for each small domestic animal. Each needle or catheter shall be disposed of in a commercial sharps container immediately after a single use.

§ 31.130. Grounds for refusal, suspension, revocation or imposition of other disciplinary sanction.

 (a)  A licensed euthanasia technician is subject to all disciplinary provisions in the act, ADMAL, this chapter and other applicable law.

 (b)  A licensed euthanasia technician is subject to all penalty provisions in the act, ADMAL, this chapter and other applicable law.

 (c)  An individual performing euthanasia under this subchapter who is not licensed by the Board or otherwise authorized by law to perform euthanasia may not provide euthanasia to small domestic animals subject to ADMAL. Violations may be prosecuted before the Board and may be referred for criminal prosecution.



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