(a) Each applicant for licensure as a veterinary technician [who meets the requirements of section 62.4 of this Part] shall pass a written examination in the basic and clinical sciences. The Department may accept grades acceptable to the State Board for Veterinary Medicine on the uniform examination in veterinary technology prepared by the Professional Examination Service, or other examination satisfactory to the State Board. The passing score for the written examination shall be 75.0 as determined by the State Board.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Subdivision (1) of section 6506 of the Education Law authorizes the Board of Regents to supervise the admission to the practice of the professions and to promulgate rules to carry out such supervision.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and practice of the professions.

Paragraph (a) of subdivision (3) of section 6507 of the Education Law authorizes the State Education Department, assisted by the board for each profession, to establish standards for licensing examinations.

Subdivision (5) of section 6711 of the Education Law provides that an applicant for a license as a veterinary technician must pass an examination satisfactory to the State Board for Veterinary Medicine and in accordance with the Regulations of the Commissioner of Education.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the intent of the aforementioned statutes that applicants for licensure as a veterinary technician must pass an examination in accordance with the Commissioner's regulations. The amendment makes a change in the admission requirements for the licensure examination in this field.

3. NEEDS AND BENEFITS:

Under existing regulations, an applicant for New York State licensure as a veterinary technician must have completed all professional education requirements before being admitted to the licensing examination for veterinary technicians. The licensing examination is administered twice each year in January and June. A June graduate of an educational program in veterinary technology must wait several months before being able to sit for New York's licensing examination for veterinary technicians. Other states, however, allow veterinary technology students to sit for the licensing examination before their completion of the educational program. As a result, New York State students are at a competitive disadvantage as compared to out-of-state students who can enter the national job market as licensed veterinary technicians shortly after their completion of the educational program. The New York State graduate must wait to sit for the exam and thereafter await the issuance of a license.

The purpose of the proposed amendment is to change the professional education requirement for admission to the licensing examination for veterinary technicians so that students completing registered or accredited programs of education for veterinary technology may be admitted to the licensing examination within their final six months of such professional study. The amendment is needed to align examination admission requirements in this field with practice in other states and thereby remove the competitive disadvantage that New York Students confront. The State Board for Veterinary Medicine has approved this change.

This amendment will not compromise the public health or professional competency, because, by the time of application for licensure, the applicant must have completed the program of professional study and passed the licensing examination. Moreover, licensed veterinary technicians must always practice under the supervision of a licensed veterinarian.

4. COSTS:

(a) Cost to State government: The amendment will not impose any additional cost on the State government. The proposed change will not require the State Education Department to spend additional resources for administering the examination or processing applications for licensure.

(b) Cost to local government: None.

(c) Cost to private regulated parties: There are no additional costs for licensure candidates.

(d) Costs to the regulatory agency: As stated in “Costs to State Government,” the proposed amendment does not impose additional costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment relates solely to examination requirements that applicants must meet for New York State licensure as a veterinary technician and does not impose any program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

There are no other State or Federal requirements regarding standards for admission to the examination for New York State licensure as a veterinary technician. Therefore, the amendment does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

There are no Federal standards regulating the licensure of veterinary technicians.

10. COMPLIANCE SCHEDULE:

The proposed amendment must be complied with on its stated effective date. No additional period of time is necessary to enable regulated parties to comply.

The proposed amendment changes the professional education requirement for admission to the licensing examination for veterinary technicians so that students in registered or accredited veterinary technology programs may be admitted to the licensing examination for veterinary technicians before graduation. It does not impose any adverse economic impact, reporting, recordkeeping, or other compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required, and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment will affect candidates who sit for the licensing examination for veterinary technicians for licensure to practice veterinary technology in this State, including those that live in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:

The proposed amendment changes the professional education requirement for admission to the licensing examination for veterinary technicians so that students in registered or accredited veterinary technology programs may be admitted to the licensing examination for veterinary technicians before graduation. The proposed amendment does not impose a need for professional services and does not establish additional reporting or recordkeeping requirements on applicants for licensure in veterinary technology, including those located in rural areas of New York State.

3. COSTS:

There are no costs for individuals, their employers, or the State for adopting this amendment.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment changes the professional education requirement for admission to the licensing examination for veterinary technicians so that students in registered or accredited veterinary technology programs may be admitted to the licensing examination for veterinary technicians before graduation. The amendment makes no exception for individuals who live or work in rural areas of New York State. Because of the nature of the proposed regulation, alternative approaches for rural areas were not considered.

5. RURAL AREA PARTICIPATION:

The State Board for Veterinary Medicine approved this change to the Regulations of the Commissioner of Education. The State Board for Veterinary Medicine includes members who live and work in rural areas of New York State. The proposed amendment was requested by the New York State Association of Veterinary Technicians. The State Education Department solicited comments on the proposed amendment from the New York State Veterinary Medical Association. Both associations include members who live and work in all areas of New York State, including rural areas of the State.

The proposed amendment changes the professional education requirement for admission to the licensing examination for veterinary technicians so that students in registered or accredited veterinary technology programs may be admitted to the licensing examination for veterinary technicians before graduation. It does not change the requirements for licensure. Before issuance of a professional license, applicants will need to meet the professional education requirement by completing a program of education for veterinary technology and to pass the licensing examination. This change is expected to shorten the time between graduation and licensure.

This change in the requirements for admission to the licensure examination will impose no adverse effect on the number of jobs or employment opportunities in the field of veterinary technology. Rather, by shortening the time between graduation and licensure, the proposed amendment may have a positive effect on employment opportunities for those seeking licensure in New York State, many of whom are likely to be New York State residents. Because it is evident from the nature of the proposed amendment that it will have no adverse impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.